The URL can be used to link to this page

Agenda 10-20-20 The City of wr Boynton Beach y City Commission Agenda Tuesday, October 20, 2020, 5:30 PM GoToWebinar Online Meeting and City Hall Community Room, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Ty Penserga (District IV) Commissioner Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www.boynton-beach.org Page 1 of 1269 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of 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& 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, and presentations. - Time Limit- Three (3) Minutes. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on October 20, 2020 or calling (561) 742-6006 and leaving a message on the public comment Page 2 of 1269 hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 1269 1. Openings A. Call to Order - Mayor Steven B. Grant Invocation by Pastor Duane Roberts of Calvary Chapel Pledge of Allegiance to the Flag led by Mayor Steven B. Grant Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Proclaim November 1, 2020 as "Extra Mile Day". Eleanor Krusell, Public Communications and Marketing Director, will accept the proclamation. B. To honor the memory of Assistant City Manager Tim Howard who passed away on October 14, 2019, the Tim Howard Excellence in Public Service Award has been created to recognize employees who exemplify comparable characteristics, including adherence to the highest ethical standards and work integrity. This award is dedicated in Mr. Howard's memory, acknowledging his contribution to not only the City of Boynton Beach, but to the field of local government and public service. C. Early Voting for the November 3, 2020 General Election is from Monday, October 19, 2020 through Sunday, November 1, 2020. The Early Voting hours are from 7:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. The City is working in partnership with the Mae Volen Center to provide free transportation for our residents to the Hester Center. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.pbcelections.org/Voters/Early-Voting. D. Announce the Solid Waste Division will be having Tire Amnesty Week for City Residents the week of November 2-6, 2020. E. Presentation by Mayor Steven B. Grant concerning recommended enhancements for the Woolbright Road - 195 interchange improvement project. 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. 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 Page 4 of 1269 material to become a part of the Public Record and subject to staff comments A. Approve purchase of Extreme Networks network switch maintenance from STEPcg of Covington, KY in the amount of $40,281.96, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. B. Proposed Resolution No. R20-114- Approve and authorize the Mayor to sign the First Amendment to the Coronavirus Relief Fund (CRF) Agreement (Resolution Number R20- 076) between The City of Boynton Beach (Subrecipient) and The Florida Housing Finance Corporation ("Florida Housing"). C. Approve the Sara Sims Park record plat, subject to final signatures by the City Engineer. D. Accept the written report to the Commission for purchases over $10,000 for the months of August and September 2020. E. Proposed Resolution No. R20-115- Authorize the Mayor to execute the Florida Inland Navigation District project agreement for the replacement of boat ramp and docks at Harvey E. Oyer, Jr. Park. F. Proposed Resolution No. R20-116 - Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Victims of Crime Act grant subject to the approval of the City Attorney. G. 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 20, 2020 "Request for Extensions and/or Piggybacks." H. Approve donation of$3,206.66 from the State Forfeiture Funds to Scholar Career Coaching, Inc. I. Approve donation of$4,000 from the State Forfeiture Funds to Gulf Stream Council - Boy Scouts of America. J. Approve donation of$3,206.66 from the State Forfeiture Funds to Connect to Greatness, Inc. K. Approve donation of$3,206.66 from the State Forfeiture Funds to Bill Tome Foundation for Kids & Families. L. Approve minutes from the City Commission meetings on September 22 and September 30, 2020. 7. Consent Bids And Purchases Over$100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 20, 2020 "Request for Extensions and/or Piggybacks." B. Approve award of the "Co-Operative Bid to Furnish, Deliver and Discharge of Bulk Quicklime"; Bid No. 20-21B by the Southeast Florida Governmental Purchasing to Lhoist North America of Alabama, LLC as the lowest, responsive and responsible bidder meeting all specifications. The estimated annual expenditure is $550,000.00. This product will be ordered on an "As Needed" basis. C. Approve Task Order SCADA-03-2021 with McKim & Creed in the sum of $297,118.00 for assistance with Remote Site Programmable Logic Controllers (PLC) upgrades in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. D. Approve the purchase of additional licenses, training, and development services from Transcendent Corporation for the expansion of the City's asset management system to incorporate all remaining existing facilities, golf course and parks. The cost of additional licenses and training for phase 3B is $48,350. With the total estimated annual expenditure of $135,000 between Public Works and Utilities. Page 5 of 1269 8. Public Hearina 6 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. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) B. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) C. Approval of Legacy at Boynton Beach (NWSP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) 9. City Manager's Report A. At the request of Mayor Grant, Human Resources will make a brief presentation on the City's internship programs. B. Charlotte Pelton of Charlotte Pelton & Associates will provide an update on the City's Naming Rights Campaign for the Town Square Project. 10. Unfinished Business - None 11. New Business A. Commissioner Romelus requested this item be placed on the agenda for the Commission's consideration of a future ordinance prohibiting the use of EPS foam in city facilities. 12. Legal A. Proposed Ordinance 20-036 - First Reading - Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. B. Proposed Resolution No. R20-117- Approve and authorize the Mayor to sign a Lease Agreement with the Boynton Beach Community Redevelopment Agency for 209 N. Seacrest Blvd. C. Proposed Ordinance 20-037 - First Reading -Approve amending the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 8.E. Downtown Transit-Oriented Development District (DTODD) Overlay, to add a density provision in support of workforce housing in MU-2, MU-3, MU-4 and MU-C zoning districts. D. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (The City Attorney recommends this item remains on the table until the November 4, 2020 Commission meeting.) Page 6 of 1269 13. Future Agenda Items A. Discuss and consider the development of a public policy relating to the location of monuments on City property - November 4, 2020 B. Hear monthly update from E21- Solutions and JKM Developers, Inc. regarding the Town Square Project. - November 4, 2020. C. ILA between the City and CRA for conveyance of property located at 1102 N. Federal Hwy. - November 4, 2020. D. Discuss the naming of the amphitheater and open space at the new City Hall campus. November 17, 2020 E. Vice Mayor Penserga requested a discussion regarding a City Mural Program- TBD F. Proposed Resolution No. R20-093 - Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the 9/15/2020 Commission meeting.) - TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity 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 programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 7 of 1269 1.A. OPENING ITEMS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Invocation by Pastor Duane Roberts of Calvary Chapel Pledge of Allegiance to the Flag led by Mayor Steven B. Grant 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 8 of 1269 2.A. OTHER 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 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 9 of 1269 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Proclaim November 1, 2020 as "Extra Mile Day". Eleanor Krusell, Public Communications and Marketing Director, will accept the proclamation. Explanation of Request: The City of Boynton Beach is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively "go the extra mile" in personal effort, volunteerism, and service. The city celebrates individuals and organizations who "go the extra mile" in order to make a difference and lift up fellow members of their community. 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: ATTACHMENTS: Type Description D Proclamation Proclamation ® Extra Mile Day Page 10 of 1269 "a 9proclamation ' illal `� WHEREAS,the City of Boynton Beach is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively"go the extra mile"in personal effort, volunteerism,and service;and WHEREAS, Boynton Beach is a community which encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort,commitment, and conviction to their individual ambitions, family, friends, and community; and WHEREAS,Boynton Beach is a community which chooses to shine a light on and celebrate individuals and organizations within its community who "go the extra mile"in order to make a difference and lift up fellow members of their community;and WHEREAS, Boynton Beach acknowledges the mission of Extra Mile America to create 500 Extra Mile cities in America and is proud to support"Extra Mile Day"on November 1,2020. WHEREAS,in the City of Boynton Beach our Public Communications and Marketing Director, Eleanor Krusell has gone the extra mile this year informing and educating our residents,businesses, and visitors how to live,work,and play safely during the Covid-19 pandemic. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim November 1,2020,to be Extra Mile Day. I urge each individual in the community to take time on this day to not only"go the extra mile"in their own life,but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations,families,community,country,or world a better place. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,the day of October Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: To honor the memory of Assistant City Manager Tim Howard who passed away on October 14, 2019, the Tim Howard Excellence in Public Service Award has been created to recognize employees who exemplify comparable characteristics, including adherence to the highest ethical standards and work integrity. This award is dedicated in Mr. Howard's memory, acknowledging his contribution to not only the City of Boynton Beach, but to the field of local government and public service. Explanation of Request: Mr. Howard served as a government professional for over 30 years, the last 11 of them in Boynton Beach. He was an employee who embodied ethics, professionalism, integrity, loyalty and commitment in all aspects of his career. Every employee could count on him to have the knowledge and expertise readily available to provide guidance and support; someone who always got the job done without complaint. His contribution to the City is greatly missed. Mr. Howard will be honored with this award posthumously in 2020, the inaugural year of the award program, and in each subsequent year, a City employee will be selected to receive the award and will be recognized at the second City Commission meeting in October. The unveiling of the perpetual plaque that will commemorate the award and future recipients will take place in the City Hall incubator space on October 23, 2020 at 4pm. 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 12 of 1269 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Early Voting for the November 3, 2020 General Election is from Monday, October 19, 2020 through Sunday, November 1, 2020. The Early Voting hours are from 7:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. The City is working in partnership with the Mae Volen Center to provide free transportation for our residents to the Hester Center. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.pbcelections.org/Voters/Early-Voting. Explanation of Request: In cooperation with the Palm Beach County Supervisor of Elections, the Ezell Hester Community Center will be an Early Voting location. This location is available to all citizens within Palm Beach County. The City is working in partnership with the Mae Volen Center to provide transportation for our residents to the Hester Center. City buses will augment the service should they need additional capacity and the City will also be able to accommodate special needs. The transportation is for Monday through Friday from Noon to 6pm, not on the weekends, will be free of charge and offered to residents 18 years of age and older. Round trip rides are available on a first-come, first served basis. Space is limited. Riders are required to have their temperature checked and sign a liability and COVI D-19 waiver before entering the bus. Register by calling 561-395-8920, ext. 231. How will this affect city programs or services? There will be no effect on City programs or services. Fiscal Impact: Alternatives: The alternative would be to not cooperate with the Palm Beach County Supervisor of Elections in this effort to provide additional opportunities for our citizens to cast their votes. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 13 of 1269 Page 14 of 1269 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Announce the Solid Waste Division will be having Tire Amnesty Week for City Residents the week of November 2-6, 2020. Explanation of Request: Tire Amnesty Week will be held during the week of November 2-6, 2020. During that week residents may place up to eight (8) car and/or passenger tires (with or without rims) at the curb for pick up. • Tires will be picked up on the scheduled bulk trash day in your neighborhood. • Tires must be placed at the edge of the road at least three (3) feet away from your garbage cart and any other fixtures, such as telephone poles, mailboxes, etc. • Keep tires and vegetation separated. If you have any questions you can contact the Solid Waste Division of Public Works at (561) 742-6200, Monday-Friday, 7:30 a.m. to 4:30 p.m. 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? Grant Amount: Page 15 of 1269 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Presentation by Mayor Steven B. Grant concerning recommended enhancements for the Woolbright Road - 195 interchange improvement project. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Exhibit Presentation Page 16 of 1269 10/15/2020 Proposed TPA Resotution : Modifications to 1-95 at Wootbright Rd. U PALM BEACH Tragspartation Planning Agency 1 Tranaporfaticn I-9s at Wool bright Road nin -Agmc d v€,.t'11v.V€; FDOT r .Install ped actuated RRFBs at all a four(4) unsignalized ramps Roll x � Q I.�ISI` G i ^ .. Beacon)HOW TO USE AN RRF (Rectangular Rapid Flashing ` �� r i)I � 1 .I'fi`'MR WINA, `f`l�"f TT�T'1T`11 If? em"rox"m sUJnals;the lights lvlll h0gin t1p flash »' �� ! �' - '°� � �) Y� ivearviea II1dIBatIR]t4 n'IQtQrIStS 3 padaStrlan IS - "»' s - users ready to cross. 2 Page 1, 1 10/15/2020 ,&—PALM BEACH . — rransportafion 1-95 at Woolbright Road planning Agency 2.Provide 10 ft sidewalk in lieu of Preferred " bike lane within project limits. -m xr�tg ririatrrcx ry . lb i M ¢4�a�x W{?W, txxs s ( Irar a ar �n ,Iaj rr so- ��e �z � a 'sm 4't ,w � SWFk�434 �"[Pi 1 ka M tsrrNG F!#Js.'fPa. >;,. ,f,rSr1N4 agsnxn rYt+� 4 as xxP Woolbright Road over 1-95—PROPOSED BY PDE w- ••,�-, S7i SS&'f4YFiF�N➢A'(il 74 1 10 e ilerwalk [ ue de of barrier - n rr er r E: ,�s4oref u na a Mrt�a 1 ais3P.k r.4 r trY J+ ,�,_ I. 1 .- p. ! t, 1 �` nxtsravF xra as irw � � � �,�asxw��.ae pxv x ax rr rrF I ,�rE.r �-4� d ................« vas-YJ^------J Woolbright Road over 1-95 s e N: AD BY Tr.A 3 PALM BEACH transportation 1-95 at Wool bright Road Planning.fbgency 0 13 017 � t Restore landscaping t � within project limits. fic i�a f lr `t 1� 1 i t Landscaping removed by 2015 Project— i Landscaping to be removed by PDE bridge widening to north Project—bridge widening to south { 4 Page 1 f 2 10/15/2020 ,&—PALM BEACH . — rransportafisn 1-95 at Woolbright Road plan.ingAgency IIII -..,a��7 a yjII t "'` t,Eu Y.,f t f k 3 figg gg ��,,,� b D a 4k s .. �� t 4 �� ` = t� .,� rr �4rr b . r �6 �—1; 2, agar p Y s s .��.. 9 Y f s ma'-� � *' t� s -a � �a t m"gym rty ��i t � m ,8 � �{��r�. r r r � �� .r � �r ,r ��°4 ry �,., ��rt�aF� .,. a. Include o'+�continuous shared use paths )-buffer d bike 1a„ in both directions on Woolbright Road within the project limits; and b. Install pedestrian-actuated warning beacons or Rectangular Rapid Flash Beacons at marked crosswalks on all unsignalized on-ramps and off- ramps within the project limits; and c. Restore landscaping within the interchange limits. EM 5 Page 1 3 5.A. ADMINISTRATIVE 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. 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 boards full and operating as effectively as possible Fiscal Impact: Non-budgeted Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building Wealth in the Community Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Appointments and Applicants for October 20, 2020 Addendum Orr, Tory Page 20 of 1269 Appointments and Applicants for October 20, 2020 Building Board of Adjustments and Appeals I Katz Alt 2 yr term to 12/21 (Tabled 3) 11 Hay Reg 2 yr term to 12/21 (Tabled 3) III Romelus Reg 2 yr term to 12/21 (Tabled 3) Applicants: None Library Board I Katz Alt 2 yr term to 12/20 (Tabled 3) 11 Hay Alt 2 yr term to 12/21 (Tabled 3) Applicants: None Recreation and Parks Board Mayor Grant Reg 2 yr term to 12/21 (Tabled 3) Applicant: Orr, Tory Page 21 of 1269 Cher Guberman, Catherine Ll t From: Boyntonstrong561 <noreply@123formbuilder.io> Sent: Sunday,October 04, 2020 12:46 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Tory_Orr_Resume.pdf Today's date 10/04/2020 Name tory orr Phone number 561-703-1098 Address 407 NE 17TH AVE APT.101 BOYNTON BEACH FLORIDA 33435 United States Email Boyntonstrong561@gmail.com Current occupation or, if retired,prior job occupation Education Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If"yes",name of business: Are you currently serving on a City No board? Have you served on a No City board in the past? If"yes",which board(s)and when? Have you ever been Yes convicted of a crime? If"yes",when and where? Advisory Board Recreation &Parks Board Personal Qualifications Professional Memberships 1 Page 22 of 1269 Feel free to attach/upload an littrss: www.123formbuilder.com/up lod did s-li[j?fileid= 7f 1 d5915e5afc873fc 58fib 4"7 extra sheet or resume. Certification I,the applicant,hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed,any false statements may be cause for removal from a board. The message has been sent from 76.109.158.86(United States)at 2020-10-0411:45:57 on Chrome 85.0.4183.121 Entry ID:404 Referrer I'MosIwww.boynton-beach.org/ Form Host.httos://www.123formbuilder.co oti-533214/Advisory-Board AgWg njMgnt fication 2 Page 23 of 1269 Tory Orr 407 NE 17`i'Ave.#101 -Boynton Beach,FL-561-703-1098 Email: b g 5 6 M a il.co m !! Ionnlron—2=---U Objective: To obtain a career with the opportunity for advancement in a professional atmosphere utilizing my experience and skills. Highlights: Effective team player with strong interpersonal and communication skills. • Highly creative and self-motivated. • Knowledge of community resources. Experience: Paving Lady Boynton Beach,FL Skilled laborer 0212019 to 0912019 • Shoveled and forked hot asphalt and spread onto pavement. • Compacted and leveled asphalt to ensure proper grade. • Loaded and unloaded trucks with tools,equipment and materials. • Cleaned work area,tools and equipment in preparation for storage upon completion of jobs. • Raked,smoothed,tampered and removed excess material using appropriate tools. • Ensured quality standards were met in finished asphalt and completed resurfacing jobs. • Performed extreme physical labor for extended periods of time under all weather conditions. Hard Drive Delray Beach,FL Skilled Laborer 02/2018 to 01/2019 • Monitored traffic control in regard to work zone regulations. • Provided assistance utilizing a multitude of heavy machinery. • Prepared timely reports and documented daily timed events. • Utilized Certification in Lead Safety/Renovation in repairing,painting,diggings,filling,and leveling ground to required specifications. • Participated in the coordination of events and secured property once events are completed. Solid Waste Management Lantana,FL Sorter 0512017-02/2018 • Inspected materials and sort items or materials into piles or places in container accordingly. • Cleaned up conveyor and surrounding sorting line.Keep surrounding work area clean, • Prepared timely reports and documented daily timed events. • Operated assigned equipment or tools safely in accordance with company and OSHA safety programs and rules State of Florida Central FL Cook 09/2011-02/2016 • Prepared all food items in a hygienic and timely manner. • Upheld the stocking of the items throughout the shift. • Prepared items for broiling,grilling,frying,sauteing,or other cooking methods by portioning,battering,breading, seasoning and or marinating. Volunteer Experience: Co-Founder Boynton Strong (May 2018-Current) • This is a training and outreach 5016 organization that has amain objective of improving and assisting the community of Boynton Beach as a whole. • Notable events: • Cancer walk • Martin Luther King Jr.Festival • Back to School Drive • Fourth of July Intercoastal Festival • Feed America • Battle of the Bands • Park fiestival • Peace in the Hood. References:Available upon request Page 24 of 1269 6.A. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve purchase of Extreme Networks network switch maintenance from STEPcg of Covington, KY in the amount of $40,281.96, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO- 19-ACS. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. Explanation of Request: Contract Period: October 1, 2019—September 30, 2024 The Extreme Networks network switches, networking appliances and networking software that the City of Boynton utilize require firmware updates to ensure that they are secure and will work with new hardware and software platforms. The Extreme Networks maintenance provides access to these firmware upgrades, advanced hardware replacement, and technical support. How will this affect city programs or services? The purchase of Extreme Networks maintenance from STEPcg ensures the City can install new firmware as it is released. In addition, the advanced hardware replacement provided by the maintenance provides either a 4-hour replacement or Next Business Day depending on the plan selected. Most City network switches are on the Next Business Day plan as the ITS Department has spares available. Critical switches are protected with the 4-hour plan. The maintenance also provides phone support to assist in troubleshooting problems that may occur. Fiscal Impact: Budgeted Funding was approved and is available in the following accounts for fiscal year 2020/21. Account Number Description Amount 001-1510-513.46-22 City General Fund $34,586.60 401-2821-536.49-17 Utility Enterprise Fund $ 5,695.36 Alternatives: Delay the purchase so the City can issue its own bid request which may not result in a lower purchase cost, and existing licenses would expire in the meantime. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 25 of 1269 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Quotes STEPcg Quote D Agreement Extreme Nehivorks Master Agreement D Addendum State of Florida®Addendum D Other Authorized Resellers D Other Contract Costs vs Quotes Costs D Other Extreme Nehivorks® Summary Price List Page 26 of 1269 Quote ANNOW S T A"Nowomi STEP CG,LLC Quote Date:09/25/2020 PCG 50 E.Rivercenter Bldg,Suite 900 Valid Till: Covington,KY 41011 Quote Number:Q-11422 BILL TO: SHIP TO: City of Boynton Beach City of Boynton Beach 100 E ocean avenue 100 E ocean avenue Boynton Beach, F1 33435 Boynton Beach, FL 33435 Contact Name:Charles Stevens Quote Stage:Draft S.No. Product Details Qty List Price Discount Total 1. Extreme 97003-30324 2 $360.00 $93.60 $626.40 EW Software Support - 30324 2. Extreme 97003-S20098 2 $1,560.00 $405.60 $2,714.40 EW Software Support - 520098 3. Extreme 97003-S20140 1 $778.00 $101.14 $676.86 EW Software Support - 520140 4. Extreme 97003-S20142 1 $2,554.00 $332.02 $2,221.98 EW Software Support - 520142 5. Extreme 97003-S20144 1 $2,338.00 $303.94 $2,034.06 EW Software Support - 520144 6. Extreme 97003-S20153 1 $1,648.00 $214.24 $1,433.76 EW Software Support - 520153 7. Extreme 97003-S22173 1 $545.00 $70.85 $474.15 EW Software Support - 522173 8. Extreme 97004-31012 36 $57.00 $246.24 $1,805.76 EW NBD AHR - 31012 9. Extreme 97004-31028 6 $36.00 $25.92 $190.08 EW NBD AHR - 31028 10. Extreme 97004-31055 2 $74.00 $17.76 $130.24 EW NBD AHR - 31055 11. Extreme 97004-AP505i-FCC 99 $72.00 $926.64 $6,201.36 EW NBD AHR - AP505i-FCC 12. Extreme 97004-1-134013 1 $38.00 $4.56 $33.44 EW NBD AHR - H34013 for AL3500A11-E6 13. Extreme 97004-1-134016 23 $69.00 $190.44 $1,396.56 EW NBD AHR - H34016 for AL3500A15-E6 14. Extreme 97004-1-134020 2 $42.00 $10.08 $73.92 EW NBD AHR - H34020 for AL3600A15-E6 15. Extreme 97004-1-134052 22 $191.00 $504.24 $3,697.76 EW NBD AHR - H34052 for AL4800A88-E6 Page 27 of 1269 S.No. Product Details Qty List Price Discount Total 16. Extreme 97004-1-134066 1 $136.00 $16.32 $119.68 EW NBD AHR - H34066 for AL4900A02-E6 17. Extreme 97004-1-134070 31 $136.00 $505.92 $3,710.08 EW NBD AHR - H34070 for AL4900A04-E6 18. Extreme 97004-1-134078 4 $1,469.00 $705.12 $5,170.88 EW NBD AHR - H34078 for EC7200AY-E6 19. Extreme 97004-1-134728 1 $1,503.00 $255.51 $1,247.49 EW NBD AHR - H34728 for AL700001F-E6 20. Extreme 97007-1-134128 3 $209.00 $75.24 $551.76 EW 4HR AHR - H34128 for EC1100010-E6 21. Extreme 97007-1-134131 3 $456.00 $164.16 $1,203.84 EW 4HR AHR - H34131 for EC4400A05-E6 22. Extreme 97007-1-135313 2 $2,625.00 $682.50 $4,567.50 EW 4HR AHR - H35313 for VSP7400-48Y-8C-AC-F Sub Total $40,281.96 Tax $0.00 Grand Total $40,281.96 I'er s and Conditions Shipping and state/local sales tax may apply. ACCEPTED INCLUDING TERMS AND CONDITIONS AS EXPRESSED BELOW: (Signed)(Date) (Print Name) Page 28 of 1269 TERMS AND CONDITIONS OF SALE 1.Agreement A.The"Quotation"is the document from STEP CG,LLC("Seller")indicating the features,specifications,options,and prices applicable to the goods and related services offered for sale by it("Products").The Quotation,these Terms and Conditions of Sale("Terms and Conditions"),and any document(s)to which Seller has attached these Terms and Conditions,is a contract(the"Agreement")for the sale of Products by Seller to the buyer("Buyer")(Buyer and Seller are the"Parties"). B.Seller's offer is expressly limited to the terms of the Agreement.Any terms or conditions proposed by Buyer(including those in Buyer's purchase order or proposed terms and conditions)that are different from or in addition to these Terms and Conditions are hereby expressly rejected by Seller and are not part of the Agreement. C.Unless the context requires otherwise,words importing the singular include the plural and vice versa.Any reference to a section in these Terms and Conditions,or in the document(s)to which Seller has attached them,means the relevant section of these Terms and Conditions or said attached document(s). 2.Payment Terms Unless otherwise agreed to in writing by Seller,the terms of payment for this order are stated in the Quotation.Any other payment terms are hereby expressly rejected.Payment is made when Buyer's funds have been received in Seller's account.Late payment will automatically extend any delivery or service completion date agreed upon by the Parties by an amount of time equivalent to the delay in payment and Seller's obligations to Buyer will automatically be based on such a revised schedule.Unless otherwise stated in the Quotation,amounts owed by Buyer remaining unpaid 30 days following Buyer's receipt of an invoice shall accrue interest at the lesser of the maximum rate permitted by law or 1.5%per month from the due date. 3.No Set-off Right Buyer shall not have any right,in any way,to set-off any amounts owed by it to Seller under this Agreement. 4.Start of Production Seller will not ship,order shipment of,or install any Product until Buyer has made any advance payment as specified in the Quotation. 5.Taxes. Unless expressly stated in the Quotation,prices quoted do not include any excise,sales,occupational,use,value-added or similar taxes,levies,governmental charges,or surcharges applicable to the Products or the sale or use thereof.Any and all such charges are the responsibility of Buyer. 6.Currency of Payment All payments due under this contract shall be made in the currency stated in the Quotation.If no currency is specified,the currency shall be U.S.Dollars. 7.Product Appearance Buyer acknowledges and agrees that the Products may not be exactly as illustrated in any photographs,illustrations,brochures,manuals,or advertising materials relating to the Products and are subject to variations in design.Any minor deviation(s)shall not invalidate the sale of the Products or entitle Buyer to any price adjustment. 8.Product Specifications Buyer acknowledges and agrees that all weights,measurements,and power requirements given by Seller for the Products are approximate and are subject to reasonable variation.Any reasonable variation(s)shall not invalidate the sale of the Products or entitle Buyer to any price adjustment. 9.Shipment and Acceptance A.Unless otherwise specified in the Agreement,Products will be shipped by the manufacturer or manufacturer's distributor to the address listed as the principal place of business for Buyer on the first page of this Agreement.Products will be shipped FOB manufacturer's or distributor's warehouse.Any shipping charges incurred by Seller will be passed through to Buyer.For any Products shipped directly from Seller to Buyer,standard shipment is by UPS Ground, FOB Seller's warehouse.Shipping charges for products shipped directly from Seller to Buyer will be prepay and add.Buyer may request expedited delivery for an additional charge.Title and risk of loss passes to Buyer upon delivery of Products to the carrier. B.Buyer shall inspect Products upon delivery and notify Seller within 15 days of delivery of any damaged Products received.It shall be Buyer's responsibility to file any damage claim with the carrier. C.Buyer shall file claims for defective Products in accordance with the manufacturer's policy.Seller will assist Buyer if requested. D.Seller will accept return of new,unopened,unconfigured Product for 30 days following delivery,subject to a 20%restocking fee.Buyer is responsible for return shipping.Custom made products and special order items cannot be returned.Software shall be deemed accepted by Buyer upon installation. 10.Security Interest Seller hereby reserves a security interest in all Products and Software provided to Buyer to secure payment of the purchase price,license fees and any related charges.The security interest shall continue in effect until such amounts are paid in full by Buyer. 11.Installation In cases where the Agreement includes installation of Products by Seller,the on-site period begins when Seller's representative has arrived at Buyer's premises to begin installation.Seller will invoice Buyer for any delay on the part of Buyer in meeting its obligations as set forth in the Agreement,if a delay results in an extension of the on-site period beyond what is contemplated in the Agreement. 12.Limited Warranty A.Seller warrants that all installation services provided by Seller to Buyer in connection with the Agreement will be free of defects in workmanship for a period of 30 days("Warranty Period"). B.Warranty Period begins from the last date on which Seller's employee performed installation services.This warranty covers only defects arising under normal use("Covered Defect")and does not include malfunctions or failures resulting from usage not in accordance with product instructions,abuse,neglect, alteration,acts of nature,or improper installation,alteration,modification,or repairs made by anyone other than Seller. C.Buyer's sole and exclusive remedy for breach of the warranty set forth in this section 12(A)will be performance by of services necessary to rectify Covered Defects at no expense to Buyer.Buyer must notify Seller in writing within 30 days after discovering a suspected Covered Defect. 13.Warranty Limitations A.Except as expressly provided elsewhere in this Agreement,Seller disclaims all express,implied,and statutory warranties regarding Products provided to Buyer.This disclaimer includes but is not limited to all warranties of performance,non-infringement,merchantability or fitness for a particular purpose of any Product. Page 29 of 1269 B.The limited warranty described in section 12(A)of these Terms and Conditions does not cover services required to repair damages,malfunctions or failures caused by any of the following: i.Buyer's failure to follow Seller's or the manufacturers'written operation or maintenance instructions as applicable and provided to Buyer or published on the manufacturer's website; ii.Reconstructed,repaired,or altered by Buyer or persons other than Seller or its authorized representative; iii.Used with any product or hardware that has not been previously approved in writing by Seller. 14.Limitation of Liability. A.Buyer agrees that the entire liability of Seller,its officers,employees and agents shall be limited in the aggregate to the price paid to Seller for Products under this Agreement. B.Buyer agrees that Seller may be held liable only for direct compensatory damages proximately caused by Seller's negligence in providing the Products contemplated in the Quotation.Buyer releases Seller from any liability caused by defective Products procured from,by,or through Seller.In addition,Buyer hereby releases Seller from liability for any incidental,consequential,cover,or punitive damages suffered by Buyer or third parties resulting from a loss caused by Seller's Products.Such losses include without limitation: i.Damages arising out of the use of or the inability to use any Product; ii.Any loss of data or inaccuracy of data produced by any Product; iii.Impairments to interoperability of Buyer's technological systems; iv.Buyer's inability to access or interact with other providers or their services through the internet; v.The cost of procurement of substitute goods,services,or technology. 15.Indemnity Buyer hereby agrees to indemnify,defend and hold harmless Seller,its officers,employees and agents from and against all claims,damages,liability and costs(including reasonable attorney's fees)resulting from: i.Buyer's use of the Products for other than their intended purpose,as described in the Quotation; ii.Buyer's failure to follow the instructions for installation,maintenance and use of the goods and equipment; iii.Buyer's unauthorized modification or alteration of the goods and equipment;or iv.Buyer's failure to properly train its employees and agents concerning the proper installation,maintenance,and use of the goods and equipment. 16.Choice of Law and Venue The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the 1980 U.N.Convention on Contracts for the International Sale of Goods;rather these rights and obligations shall be governed exclusively by the laws of the State of Ohio,USA,without regard to its conflicts of law principles.Buyer agrees that any claim or dispute arising against Seller under this Agreement must be resolved by the United States District Court for the Southern District of Ohio or a court of competent jurisdiction located in Hamilton County,Ohio.Buyer agrees to submit to the personal jurisdiction of the courts located within Hamilton County,Ohio for the purpose of litigating all such claims or disputes. 17.Authority;No Conflicts Buyer warrants that A.Buyer has full organizational power and authority to enter into and perform its obligations under the Agreement; B.The Agreement constitutes a legal,valid and binding obligation of Buyer; C.The Products purchased from Seller are not for resale purposes but are purchased for Buyer's own use;and D.Seller's acceptance and performance of the Agreement will not conflict with,or result in any violation or breach of any provision of Buyer's organizational documents,any material contract of Buyer,or any applicable Law. 18.Notices;Communications All notices required or permitted under the Agreement will be made in writing and be effective only upon receipt.Notices to Buyer will be provided at its address set forth in the Agreement. 19.Interpretation;Language For purposes of the Agreement,whenever the word"including"(or any variation thereof)is used,it is deemed to be followed by the words"without limitation."A rule of construction will not apply to the disadvantage of Seller because of Seller's preparation of the Agreement or any part of it.If these Terms and Conditions or other purchasing documents are made available in any language other than English,they are for information purposes only,and the English-language version will control. 20.Headings. The division of the Agreement into sections and paragraphs,and the insertion of headings,is for convenience of reference only and will not affect the construction or interpretation of this Agreement. 21.Waiver Seller's failure at any time to require Buyer's performance will in no way affect Seller's right to require such performance at any time thereafter,nor will Seller's waiver of any breach constitute a waiver of any succeeding breach.Any waiver of a right by Seller under the Agreement on any one occasion will not be construed as a bar to any right or remedy that Seller would otherwise have had on a subsequent occasion. 22.Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will,as to that jurisdiction,be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of this Agreement,all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. 23.Assignability This Agreement will inure to the benefit of,and be binding on,Buyer and its successors and permitted assigns and will inure to the benefit of,and be binding on,Seller and its successors and assigns.Buyer may not assign this Agreement,or any of its rights or obligations under this Agreement,without the prior written consent of Seller. 24.Force Majeure Seller shall not be held responsible for any delays or failures in performance due to a Force Majeure.The term"Force Majeure"means an occurrence that is beyond the reasonable control of Seller and occurs without its fault or negligence,including but not limited to acts of God,riots,vandalism,governmental regulations,national emergencies,terrorism,manufacturer/supplier shortages,fire,war,strikes,explosion,earthquake,flood,storm,lightning,pandemics or other similar catastrophe. Page 30 of 1269 25.Entire Agreement Agreement,which constitutes the entire agreement between Seller and Buyer pertaining to the subject matter of the Quotation and supersedes all purchase orders,and all other agreements,understandings,negotiations and discussions,whether oral or written,regarding this subject matter There are no conditions, warranties,representations or other agreements between the parties relating to the subject matter of the Quotation(whether oral or written,express or implied, statutory or otherwise)except as specifically set out in the Agreement.Any amendment to the Agreement shall only be binding and enforceable if in writing and signed by the Parties. Page 31 of 1269 DocuSign Envelope ID:4A7E8174-EA62-47CF-821A-9A608A50D62A Contract#: AR3230 STATE OF UTAH COOPERATIVE CONTRACT 1, CONTRACTING,PARTIES: This contract is between the Utah Division of Purchasing and the following Contractor: Extreme Networks,Inc. Name 6480 Via Del Oro Street Address San Jose California 95119 City State zip Vendor#VC0000100495 Commoditv Code#:920-05 1 c�a 1si_atu 0l° 4tnti`aa ter:For-Profit Corporation Contact Name: Michael Swierk Phone Number: 603-642-7856 Email: mswierk Jextremenetworks.com 2. CONTRACT PORTFOLIO NAME:Data Communications Products and Services. 3. GENERAL PURPOSE OF CONTRACT: Provide Data Communications Products art(]Scrviccs for the Award Catag€rrics_3°st'o ided_n Attachment l _Scone trl`Work.. 4. PROCUREMENT:This contract is entered into as a result of the procg!j merit r3 0�eti ui l°`1 2t118.Boll tti sn# �S 19001 5. CONTRACT PERIOD: Effective Date: Tuesday,October 01 2019.Termination Date: Monday.SepLe rnber 30,2024 unless terminated early or extended in accordance with the terms and conditions of this contract Renewal t 7pti ons. Two(2)one year renewal options. 6. Administrative Fee(if any): Contractor shall pay to NASPO ValuePoint,or its assignee,a NASPO ValuePoint Administrative Fee of one-quarter of one percent(0.25%or 0.0025)of contract sales no later than 60 days following the end of each calendar quarter.The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on sales of the Services 7. Prompt Payment Discount Details(if any):N/A. 8. ATTACHMENT A:NASPO ValuePoint Master Terms and Conditions ATTACHMENT B: Scope Awarded to Contractor ATTACHMENT C:Pricing Discounts and Value Added Services ATTACHMENT D:Extreme Networks Product Warranty,End User License Agreement,Professional Services Terms and Conditions. Terms of Support,Extreme Networks Lease Agreement,Extreme Networks Subscription Renewal Agreement With Title,Extreme Networks Subscription Renewal Agreement without Title Any conflicts between Attachment A and the other Attachments will be resolved in favor of Attachment A. 9. 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 Procurement Code,Procurement Rules,and Contractor's response to solicitation# SKI 8001. 10. Each signatory below represents that he or she has the requisite authority to enter into this contract. IN WITNESS WHEREOF, the parties sign and cause this contract to be executed.Notwithstanding verbal or other representations by the parties,the"Effective Date"of this Contract shall be the date provided within Section 5 above. CONTRACTOR DIVISION OF PURCHASING ®ocuSigned by: IfAME24004AUE0, Oct3, 2019 October 1,2019 1 2:39:15 AM PDT Contractor's signature Date Director, Division of Purchasing Date CRSO m'Type or Print Name and'Title Internal Contract Tracking#:AR 1470 Solicitation#: SK 18001 Vendor#: VC0000100495 Page 32 of 1269 Note:sections negotiated 2, 13, 14, 16, 18, 19,20,23,26,30,34, 36,and 39. SPO valuePolint Attachment A: NASPO ValuePoint Master Agreement Terms and Conditions 1. Master Agreement Order of Precedence a. Any Order placed under this Master Agreement shall consist of the following documents- (1) A Participating Entity's Participating Addendum ("PA"); (2) NASPO ValuePoint Master Agreement Terms & Conditions-, (3) A Purchase Order issued against the Master Agreement, including a Service Level Agreement-, (4) The Solicitation; and (5) Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State. b. 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. 2. Definitions - Unless otherwise provided in this Master Agreement, capitalized terms will have the meanings given to those terms in this Section. Acceptance is defined by the applicable commercial code, except Acceptance shall not occur before the completion of delivery in accordance with the Order, installation if required, and a reasonable time for inspection of the Product. Contractor means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement. Data means all information, whether in oral or written (including electronic) form, created by or in any way originating with a Participating Entity or Purchasing Entity, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with a Participating Entity or Purchasing Entity, in the course of using and configuring the Services provided under this Agreement. Data Breach means any actual or reasonably suspected non-authorized access to or acquisition of computerized Non-Public Data or Personal Data that compromises the security, confidentiality, or integrity of the Non-Public Data or Personal Data, or the ability of Purchasing Entity to access the Non-Public Data or Personal Data. Disabling Code means computer instructions or programs, subroutines, code, instructions, data or functions, (including but not limited to viruses, worms, date bombs or time bombs), including but not limited to other programs, data storage, computer libraries and programs that self-replicate without Attachment A- Page 1 of 30 Page 33 of 1269 manual intervention, instructions programmed to activate at a predetermined time or upon a specified event, and/or programs purporting to do a meaningful function but designed for a different function, that alter, destroy, inhibit, damage, interrupt, interfere with or hinder the operation of the Purchasing Entity's' software, applications and/or its end users processing environment, the system in which it resides, or any other software or data on such system or any other system with which it is capable of communicating. Embedded Software means one or more software applications which permanently reside on a computing device. Fulfillment Partner means a third-party contractor qualified and authorized by Contractor, and approved by the Participating State under a Participating Addendum, who may, to the extent authorized by Contractor, fulfill any of the requirements of this Master Agreement including but not limited to providing Services under this Master Agreement and billing Customers directly for such Services. Contractor may, upon written notice to the Participating State, add or delete authorized Fulfillment Partners as necessary at any time during the contract term. Fulfillment Partner has no authority to amend this Master Agreement or to bind Contractor to any additional terms and conditions. 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 centrally administering any resulting Master Agreement(s). Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of the NASPO ValuePoint program, and the Contractor, as now or hereafter amended. NASPO ValuePoint is the NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, a 501(c)(3) limited liability company that is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. NASPO ValuePoint facilitates administration of the NASPO 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, the District of Columbia, and territories of the United States. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions relating to collecting and receiving reports as well as other contract administration functions as assigned by the Lead State. Order or Purchase Order means any purchase order, sales order, contract or other document used by a Purchasing 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 to enter into a Participating Addendum. Participating State means a state, the District of Columbia, or one of the territories of the United States that is listed in the Request for Proposal as intending to participate. Upon execution of the Attachment A: Page 2 of 30 Page 34 of 1269 Participating Addendum, a Participating State becomes a Participating Entity; however, a Participating State listed in the Request for Proposal is not required to participate through execution of a Participating Addendum. Personal Data means data alone or in combination that includes information relating to an individual that identifies the individual by name, identifying number, mark or description can be readily associated with a particular individual and which is not a public record. Personal Information may include the following personally identifiable information (PII): government-issued identification numbers (e.g., Social Security, driver's license, passport); financial account information, including account number, credit or debit card numbers; or Protected Health Information (PHI) relating to a person. Product means any equipment, software (including embedded software), documentation, service or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Products, supplies and services, and products and services are used interchangeably in these terms and conditions. Purchasing Entity means a state (as well as the District of Columbia and U.S territories), 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 a Purchase Order against the Master Agreement and becomes financially committed to the purchase. Services mean any of the Supplier's branded services that are identified in, and incorporated into, this Agreement, and are supplied the Contractor pursuant to this Master Agreement. Security Incident means the possible or actual unauthorized access to a Purchasing Entity's Non- Public Data and Personal Data the Contractor believes could reasonably result in the use, disclosure or theft of a Purchasing Entity's Non-Public Data within the possession or control of the Contractor. A Security Incident also includes a major security breach to the Contractor's system, regardless if Contractor is aware of unauthorized access to a Purchasing Entity's Non-Public Data. A Security Incident may or may not turn into a Data Breach. Service Level Agreement (SLA) means a written agreement between both the Purchasing Entity and the Contractor that is subject to the terms and conditions in this Master Agreement and relevant Participating Addendum unless otherwise expressly agreed in writing between the Purchasing Entity and the Contractor. SLAs should include: (1) the technical service level performance promises, (i.e. metrics for performance and intervals for measure), (2) description of service quality, (3) identification of roles and responsibilities, (4) remedies, such as credits, and (5) an explanation of how remedies or credits are calculated and issued. Solicitation means the documents used by the State of Utah, as the Lead State, to obtain Contractor's Proposal. Statement of Work means a written statement in a solicitation document or contract that describes the Purchasing Entity's service needs and expectations. NASPO ValuePoint Program Provisions 3. Term of the Master Agreement a. The initial term of this Master Agreement is for five (5) years. This Master Agreement may be Attachment A: Page 3 of 30 Page 35 of 1269 extended beyond the original contract period for two (2) additional years at the Lead State's discretion and by mutual agreement and upon review of requirements of Participating Entities, current market conditions, and Contractor performance. b. The Master Agreement may be extended for a reasonable period of time, not to exceed six months, if in the judgment of the Lead State a follow-on, competitive procurement will be unavoidably delayed (despite good faith efforts) beyond the planned date of execution of the follow-on master agreement. This subsection shall not be deemed to limit the authority of a Lead State under its state law otherwise to negotiate contract extensions. 4. Amendments The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written agreement of the Lead State and Contractor. 5. Participants and Scope a. Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), 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 Purchasing Entity and Contractor, may be included in the ordering document (e.g. purchase order or contract) used by the Purchasing Entity to place the Order. b. Use of specific NASPO ValuePoint cooperative Master Agreements by state agencies, political subdivisions and other Participating 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. c. Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. States or other entities permitted to participate may use an informal competitive process to determine which Master Agreements to participate in through execution of a Participating Addendum. Financial obligations of Participating Entities who are states are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating Entities who are states incur no financial obligations on behalf of other Purchasing Entities. Contractor shall email a fully executed PDF copy of each Participating Addendum to PA@naspovaluepoint.org to support documentation of participation and posting in appropriate data bases. d. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is not a Attachment A: Page 4 of 30 Page 36 of 1269 party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the NASPO cooperative purchasing program 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 territories of the United States. e. Participating Addenda shall not be construed to amend the following provisions in this Master Agreement between the Lead State and Contractor that prescribe NASPO ValuePoint Program requirements: Term of the Master Agreement; Amendments; Participants and Scope; Administrative Fee; NASPO ValuePoint Summary and Detailed Usage Reports; NASPO ValuePoint Cooperative Program Marketing and Performance Review; NASPO ValuePoint eMarketCenter; Right to Publish; Price and Rate Guarantee Period; and Individual Customers. Any such language shall be void and of no effect. f. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the consent to participation by the Chief Procurement Official of the state where the Participating Entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum. g. Resale. "Resale" means any payment in exchange for transfer of tangible goods, software, or assignment of the right to services. Subject to any specific conditions included in the solicitation or Contractor's proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not resell Products (the definition of which includes services that are deliverables). Absent any such condition or explicit permission, this limitation does not prohibit: payments by employees of a Purchasing Entity for Products; sales of Products to the general public as surplus property; and fees associated with inventory transactions with other governmental or nonprofit entities and consistent with a Purchasing Entity's laws and regulations. Any sale or transfer permitted by this subsection must be consistent with license rights granted for use of intellectual property. 6. Administrative Fees a. The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on all sales of products and services under the Master Agreement (less any charges for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. b. Additionally, some states may require an additional fee be paid directly to the state only 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 Contractor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements shall not affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee in subsection 6a shall be based on the gross amount of all sales (less any charges for taxes or shipping) at the adjusted prices (if any) in Participating Addenda. Attachment A: Page 5 of 30 Page 37 of 1269 7. NASPO ValuePoint Summary and Detailed Usage Reports In addition to other reports that may be required by this solicitation, the Contractor shall provide the following NASPO ValuePoint reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://calculator.naspovaluepoint.org. Any/all sales made under this Master Agreement shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Purchasing Entity name; (4) Purchasing Entity bill-to and ship-to locations; (4) Purchasing Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; (8) 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 and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-ROM, flash drive or other method as determined by the Lead State and NASPO ValuePoint. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in shown in 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 solicitation and the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report. d. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. e. 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 NASPO ValuePoint 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. 8. NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review a. Contractor agrees to work cooperatively with NASPO ValuePoint personnel. Contractor agrees to present plans to NASPO ValuePoint for the education of Contractor's contract administrator(s) and Attachment A: Page 6 of 30 Page 38 of 1269 sales/marketing workforce regarding the Master Agreement contract, including the competitive nature of NASPO ValuePoint procurements, the Master agreement and participating addendum process, and the manner in which qualifying entities can participate in the Master Agreement. b. Contractor agrees, as Participating Addendums become executed, if requested by ValuePoint personnel to provide plans to launch the program within the participating state. Plans will include time frames to launch the agreement and confirmation that the Contractor's website has been updated to properly reflect the contract offer as available in the participating state. c. Contractor agrees, absent anything to the contrary outlined in a Participating Addendum, to consider customer proposed terms and conditions, as deemed important to the customer, for possible inclusion into the customer agreement. Contractor will ensure that their sales force is aware of this contracting option. d. Contractor agrees to participate in an annual contract performance review at a location selected by the Lead State and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of payment of administration fees. e. Contractor acknowledges that the NASPO ValuePoint logos may not be used by Contractor in sales and marketing until a logo use agreement is executed with NASPO ValuePoint. f. The Lead State expects to evaluate the utilization of the Master Agreement at the annual performance review. Lead State may, in its discretion, terminate the Master Agreement pursuant to section 28, or not exercise an option to renew, when Contractor utilization does not warrant further administration of the Master Agreement. The Lead State may exercise its right to not renew the Master Agreement if vendor fails to record or report revenue for three consecutive quarters, upon 60- calendar day written notice to the Contractor. Termination based on nonuse or under-utilization will not occur sooner than two years after award (or execution if later) of the Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to terminate the Master Agreement pursuant to section 28 or to terminate for default pursuant to section 30. g. Contractor agrees within 30 days of their effective date, to notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third-party contracts or agreements that may affect the promotion of this Master Agreement or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this master agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions. 9. NASPO ValuePoint eMarket Center a. In July 2011, NASPO ValuePoint entered into a multi-year agreement with SciQuest, Inc. (doing business as JAGGAER) whereby JAGGAER will provide certain electronic catalog hosting and management services to enable eligible NASPO ValuePoint's customers to access a central online website to view and/or shop the goods and services available from existing NASPO ValuePoint Cooperative Contracts. The central online website is referred to as the NASPO ValuePoint eMarket Center. b. The Contractor will have visibility in the eMarket Center through Ordering Instructions. These Ordering Instructions are available at no cost to the Contractor and provide customers information regarding the Contractors website and ordering information. The Contractor is required at a minimum to participate in the eMarket Center through Ordering Instructions. Attachment A: Page 7 of 30 Page 39 of 1269 c. At a minimum, the Contractor agrees to the following timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written request to the Contractor to begin Ordering Instruction process. The Contractor shall have thirty (30) days from receipt of written request to work with NASPO ValuePoint to provide any unique information and ordering instructions that the Contractor would like the customer to have. d. If the solicitation requires either a catalog hosted on or integration of a punchout site with eMarket Center, or either solution is proposed by a Contractor and accepted by the Lead State, the provisions of the eMarket Center Appendix to these NASPO ValuePoint Master Agreement Terms and Conditions apply. 10. Right to Publish Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior approval for the release of information that pertains to the potential work or activities covered by the Master Agreement. This limitation does not preclude publication about the award of the Master Agreement or marketing activities consistent with any proposed and accepted marketing plan. The Contractor shall not make any representations of NASPO ValuePoint's opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requirement may result in termination of the Master Agreement for cause. 11. Price and Rate Guarantee Period All pricing must be guaranteed for the first year of the Master Agreement. Following the guarantee period, any request for price increases must be for an equal guarantee period (1 year), and must be submitted to the Lead State at least thirty (30) calendar days prior to the effective date. The Lead State will review a documented request for an MSRP price list increase only after the Price Guarantee Period. Requests for price increases must include sufficient documentation supporting the request and demonstrating a reasonableness of the adjustment when comparing the current price list to the proposed price list. Documentation may include: the manufacturers national price increase announcement letter, a complete and detailed description of what products are increasing and by what percentage, a complete and detailed description of what raw materials and/or other costs have increased and provide proof of increase, index data and other information to support and justify the increase. The price increase must not produce a higher profit margin than the original contract, and must be accompanied by sufficient documentation and nationwide notice of price adjustment to the published commercial price list. No retroactive price increases will be allowed. Price Reductions. In the event of a price decrease in any category of product at any time during the contract in an OEM's published commercial price list, including renewal options, the Lead State shall be notified immediately. All published commercial price list price reductions shall be effective upon the notification provided to the Lead State. 12. Individual Customers Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have Attachment A: Page 8 of 30 Page 40 of 1269 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 right to recover any costs as such right is defined 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 Contractor will apply the charges and invoice each Purchasing Entity individually. Administration of Orders 13. Ordering a. Master Agreement order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence, so long as the Purchasing Entity provides the Master Agreement order and purchase order number(s) on its purchase order(s) to Contractor. b. Purchasing Entities may define entity or project-specific requirements and informally compete the requirement among companies having a Master Agreement on an "as needed" basis. This procedure may also be used when requirements are aggregated or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to the Purchasing Entity's rules and policies. The Purchasing Entity may in its sole discretion determine which Master Agreement Contractors should be solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost and other factors considered. c. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities' rules, policies, and procedures regarding the ordering of supplies and/or services contemplated by this Master Agreement. d. Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document under the law of the Purchasing Entity. e. Orders may be placed consistent with the terms of this Master Agreement during the term of the Master Agreement. f. All Orders pursuant to this Master Agreement, at a minimum, shall include: (1) The services or supplies being delivered; (2) The place and requested time of delivery; (3) A billing address; (4) The name, phone number, and address of the Purchasing Entity representative; (5) The price per hour or other pricing elements consistent with this Master Agreement and the contractor's proposal; (6) A ceiling amount of the order for services being ordered; and (7) The Master Agreement identifier. g. All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Purchasing Entity's purchasing office, or to such other individual identified in writing in the Order. h. Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days past the then-current termination date of this Master Agreement. Maintenance agreements may have terms as prescribed in section 27. Contractor is reminded that financial obligations of Purchasing Entities payable after the current Attachment A: Page 9 of 30 Page 41 of 1269 applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available. i. Notwithstanding the expiration or termination of this Master Agreement, Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration or termination of this Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery order arrangement priced against this Master Agreement may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery order agreement. 14. Shipping and Delivery a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor's until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor's warranty obligations. The minimum shipment amount, if any, 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. b. A Purchasing Entity may request, on its purchase order, for a delivery to be made as an "Inside Delivery." Inside Delivery refers to a delivery to other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order. c. All products must be delivered in the manufacturer's standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping documentation included in the carton shall include the commodity, brand, quantity, item code number and the Purchasing Entity's Purchase Order number. 15. Laws and Regulations Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 16. Inspection and Acceptance a. Where the Master Agreement or an Order does not otherwise specify a process for inspection and Acceptance, this section governs. This section is not intended to limit rights and remedies under the applicable commercial code. b. All Products are subject to inspection at reasonable times and places before Acceptance. Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement. Attachment A: Page 10 of 30 Page 42 of 1269 The Purchasing Entity shall have 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 the Purchasing Entity 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. Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when goods are put to use, and the remedies set forth in Contractor's Product Warranty, provided herein, shall apply in such cases. Acceptance of such goods may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of Product rejected and returned, or for which Acceptance is revoked. c. If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount, as set forth in Contractor's service warranty terms, found in Exhibit 4. When defects cannot be corrected by re-performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and reduce the contract price to reflect the reduced value of services performed. d. The warranty period shall begin upon Acceptance. 17. Payment Payment after Acceptance is normally made within thirty (30) days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After forty-five (45) days the Contractor may assess overdue account charges up to a maximum rate of one percent (1%) per month on the outstanding balance, unless a different late payment amount is specified in a Participating Addendum, Order, or otherwise prescribed by applicable law. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge. 18. Product Warranty Extreme warrants the Products solely to Purchasing Entity, as of the date of purchase by Purchasing Entity, and pursuant to the terms and conditions of the Extreme standard product warranty set forth in Exhibit 1. 19. Title of Product , Contractor shall convey to Purchasing Entity title to the Product (but no title to any software is conveyed) free and clear of all liens, encumbrances, or other security interests. If Purchasing Entity subsequently transfers title of the Product to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title, subject to the terms of the Contractor's End User License Agreement which is found in Exhibit 2 to this Agreement. A subsequent transfer of certain software licenses may be subject to additional software license fees to be paid by either Purchasing Entity or Purchasing Entity's transferee, unless Contractor agrees to Attachment A: Page 11 of 30 Page 43 of 1269 waive such transfer fees. 20. End User License Agreement. The use of Contractor-provided Software under this Agreement is subject to Contractor's End User License Agreement, found in Exhibit 2 to this Agreement. . 21. No Guarantee of Service Volumes: The Contractor acknowledges and agrees that the Lead State and NASPO ValuePoint makes no representation, warranty or condition as to the nature, timing, quality, quantity or volume of business for the Services or any other products and services that the Contractor may realize from this Master Agreement, or the compensation that may be earned by the Contractor by offering the Services. The Contractor acknowledges and agrees that it has conducted its own due diligence prior to entering into this Master Agreement as to all the foregoing matters. 22. Purchasing Entity Data: Purchasing Entity retains full right and title to Data provided by it and any Data derived therefrom, including metadata. Contractor shall not collect, access, or use user-specific Purchasing Entity Data except as strictly necessary to provide Service to the Purchasing Entity. No information regarding Purchasing Entity's use of the Service may be disclosed, provided, rented or sold to any third party for any reason unless required by law or regulation or by an order of a court of competent jurisdiction. The obligation shall extend beyond the term of this Master Agreement in perpetuity. Contractor shall not use any information collected in connection with this Master Agreement, including Purchasing Entity Data, for any purpose other than fulfilling its obligations under this Master Agreement. 23. Reserved. 24. Title to Product: If access to the Product requires an application program interface (API), Contractor shall convey to Purchasing Entity an irrevocable and perpetual license to use the API. 25. Data Privacy: The Contractor must comply with all applicable laws related to data privacy and security, including IRS Pub 1075. Prior to entering into a SLA with a Purchasing Entity, the Contractor and Purchasing Entity must cooperate and hold a meeting to determine the Data Categorization to determine what data the Contractor will hold, store, or process. The Contractor must document the Data Categorization in the SLA or Statement of Work. 26. Transition Assistance: a. The Contractor shall reasonably cooperate with other parties in connection with all Services to be delivered under this Master Agreement, including without limitation any successor service provider to whom a Purchasing Entity's Data is transferred in connection with the termination or expiration of this Master Agreement. Any transition services requested by a Purchasing Entity involving additional knowledge transfer and support may be subject to a separate transition Statement of Work. b. A Purchasing Entity and the Contractor shall, when reasonable, create a Transition Plan Document Attachment A: Page 12 of 30 Page 44 of 1269 identifying the transition services to be provided and including a Statement of Work if applicable. c. The Contractor must maintain the confidentiality and security of a Purchasing Entity's Data during the transition services and thereafter as required by the Purchasing Entity. 27. Performance and Payment Time Frames that Exceed Contract Duration: All maintenance or other agreements for services entered into during the duration of an SLA and whose performance and payment time frames extend beyond the duration of this Master Agreement shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, maintenance or other agreements for services may be executed after the Master Agreement has expired. For the purposes of this section, renewals of maintenance, subscriptions, and other service agreements, shall not be considered as "new." General Provisions 28. Insurance a. Unless otherwise agreed in a Participating Addendum, 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 each Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best's Insurance 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. b. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below: (1) Commercial General Liability covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence/$3 million general aggregate; (2) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. c. Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to a Participating Entity who is a state within five (5) business days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur. d. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor's general liability insurance policy or other documentary evidence acceptable to the Lead State that (1) names the Participating States identified in the Request for Proposal as additional insureds, (2) provides that written notice of cancellation shall be delivered in accordance with the policy provisions, and (3) provides that the Contractor's liability insurance policy Attachment A: Page 13 of 30 Page 45 of 1269 shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, other state Participating Entities' rights and Contractor's obligations are the same as those specified in the first sentence of this subsection except the endorsement is provided to the applicable state. e. Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement's termination or the termination of any Participating Addendum. f. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order. 29. Records Administration and Audit a. 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 six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, or such longer period as is required by the Purchasing Entity's state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder. b. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of Administrative Fees found as a result of the examination of the Contractor's records. c. The rights and obligations herein 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 to review compliance with those obligations. 30. Confidentiality, Non-Disclosure, and Injunctive Relief a. Confidentiality. Contractor acknowledges that it and its employees or agents may, in the course of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Purchasing Entity or Purchasing 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 (1) any Purchasing Entity's records, (2) personnel records, and (3) information Attachment A: Page 14 of 30 Page 46 of 1269 concerning individuals, is confidential information of Purchasing 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 (1) is or becomes (other than by disclosure by Contractor) publicly known; (2) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in Contractor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity or; (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information. b. Non-Disclosure. Both parties shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not 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 what is necessary to the performance of Orders placed under this Master Agreement. Both parties shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. Both parties shall use commercially reasonable efforts to assist in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State 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 Purchasing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Each party 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 the request of a party, the other party shall turn over to requesting party all documents, papers, and other matter in their 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. c. Injunctive Relief. Each party acknowledges that breach of this section, including disclosure of any Confidential Information, will cause irreparable injury to the other party that is inadequately compensable in damages. Accordingly, each 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. Each party acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of the other party and are reasonable in scope and content. d. Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. e. The rights granted Purchasing Entities and Contractor obligations under this section shall also extend to Confidential Information, defined to include Participating Addenda, as well as Orders or Attachment A: Page 15 of 30 Page 47 of 1269 transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to section 29. To the extent permitted by law, Contractor shall notify the Lead State of the identify of any entity seeking access to the Confidential Information described in this subsection. 31. Public Information This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity's public information laws. 32. Assignment/Subcontracts a. Contractor 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 Lead State. b. The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties to NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint and other third parties. 32. Changes in Contractor Representation The Contractor must notify the Lead State of changes in the Contractor's key administrative personnel managing the Master Agreement in writing within ten (10) calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor's proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor's proposal. 33. Independent Contractor The Contractor shall be an independent contractor. Contractor shall have no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and agrees not to hold itself out as agent except as expressly set forth herein or as expressly agreed in any Participating Addendum. 34. Termination Unless otherwise stated, this Master Agreement may be terminated by either Lead State or Contractor upon sixty (60) days written notice prior to the effective date of the termination. Further, any Participating Entity may terminate its participation upon thirty (30) days written notice, unless otherwise limited or stated in the Participating Addendum. Termination may be in whole or in part. Any termination under this provision shall not affect the rights and obligations attending orders outstanding at the time of termination, including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in association with any Order, and requirements for records administration and audit. Termination of the Master Agreement due to Contractor default may be immediate. Attachment A: Page 16 of 30 Page 48 of 1269 35. Force Majeure Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, unusually severe weather, other acts of God, or war which are beyond that party's reasonable control. The Lead State may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 36. Defaults and Remedies a. The occurrence of any of the following events by Contractor shall be an event of default under this Master Agreement: (1) Nonperformance of contractual requirements; or (2) A material breach of any term or condition of this Master Agreement; or (3) Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading; or (4) 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 (5) Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, the Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of fifteen(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. In the event of a material breach by the Lead State or a Participating Entity, Contractor may terminate the Master Agreement and/or a Participating Addendum, as applicable, upon no less than thirty (30) days prior written notice, with a fifteen (15) days opportunity to cure. 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 the Lead State shall have the right to exercise any or all of the following remedies: (1) Exercise any remedy provided by law; and (2) Terminate this Master Agreement and any related Contracts or portions thereof; and (3) Impose liquidated damages as provided in this Master Agreement; and (4) Suspend Contractor from being able to respond to future bid solicitations; and (5) Suspend Contractor's performance; and (6) Withhold payment until the default is remedied. d. Unless otherwise specified in the Participating Addendum, in the event of a default under a Attachment A: Page 17 of 30 Page 49 of 1269 Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and shall 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. 37. Waiver of Breach Failure of the Lead State, 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, Participating Entity, or Purchasing 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 by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order 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, Participating Addendum, or Purchase Order. 38. 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. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State. 39. Indemnification a. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, and Purchasing Entities, along with their officers and employees, from and against third- party claims, damages or causes of action including reasonable attorneys' fees and related costs for any death, injury, or damage to tangible 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. b. Indemnification — Intellectual Property. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, Purchasing Entities, along with their officers and employees ("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") of another person or entity. (1) The Contractor's obligations under this section shall not extend to any combination of the Product with any other product, system or method, unless the Product, system or method is: (a) provided by the Contractor or the Contractor's subsidiaries or affiliates; Attachment A: Page 18 of 30 Page 50 of 1269 (b) specified by the Contractor to work with the Product; or (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 (d) It would be reasonably expected to use the Product in combination with such product, system or method. (2) 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. Unless otherwise agreed in writing, 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. (3) If an Intellectual Property Claim has been made, or in Contractor's reasonable opinion is likely to be commenced, the Purchasing Entity agrees to permit Contractor, at its option and expense, either to: (a) procure for the Purchasing Entity to continue using the Product; (b) replace or modify the product so that it becomes non-infringing; or (c) immediately terminate both parties' respective rights and obligations under this Master Agreement with regard to the Product, in which case the Purchasing Entity will return the Product to Contractor and Contractor will refund to the Purchasing Entity the price originally paid by the Purchasing Entity for the Product, as depreciated or amortized by an equal annual amount over three years from date of original shipment. (4) Notwithstanding the foregoing, Contractor has no liability for any Intellectual Property Claim arising from: (a) a Claim that asserts damages based on the amount or duration of use, which a Purchasing Entity makes of the Product, revenue earned by the Purchasing Entity from services it provides which utilize the Product, or services offered by the Purchasing Entity to external or internal customers; (b) Contractor's compliance with the Purchasing Entity's designs, specifications or instructions; or (c) The Purchasing Entity's use of the Product after Contractor has informed the Purchasing Entity of modifications or changes in the Product required to avoid such an Intellectual Property Claim if the alleged infringement would have been avoided by implementation of Contractor's recommended modifications or changes. Attachment A: Page 19 of 30 Page 51 of 1269 (5) THIS SECTION (b) STATES THE ENTIRE OBLIGATION OF CONTRACTOR AND ITS SUPPLIERS, AND THE EXCLUSIVE REMEDY OF THE PURCHASING ENTITY, IN RESPECT OF ANY INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS. THIS INDEMNITY OBLIGATION AND REMEDY ARE GIVEN TO PURCHASER SOLELY FOR ITS BENEFIT AND IN LIEU OF, AND CONTRACTOR DISCLAIMS, ALL WARRANTIES, CONDITIONS, AND OTHER TERMS OF NON-INFRINGEMENT WITH RESPECT TO ANY PRODUCT. Limitation of Liability. Except for those obligations under Intellectual Property Infringement, General Indemnity, notwithstanding anything else herein, all liability of Contractor and its suppliers to any P u r c h a s i n g E n t i t y o r Participating Entity for claims arising under this Master Agreement, or otherwise shall be limited to Three Million Dollars ($3,000,000). This limitation of liability is cumulative and not per incident. Waiver of Consequential and Other Damages. In no event shall Contractor or its suppliers be liable for any incidental, special, indirect, or consequential damages, or lost or damaged data (except for a loss of Purchasing Entity data caused by Contractor's negligence), arising in tort (including negligence), or otherwise, even if Contractor or its suppliers have been informed of the possibility thereof. 40. 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 the Lead State, a Participating Entity, or a Purchasing Entity be a waiver 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. This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state's sovereign immunity and is not consent by the state to be sued in federal court. This section is also not a waiver by the 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. 41. Governing Law and Venue a. The procurement, evaluation, and award of the Master 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 the Master Agreement after award shall be governed by the law of the state serving as Lead State. The construction and effect of any Participating Addendum or Order against the Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity's or Purchasing Entity's State. b. Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the Lead State. Venue for any claim, dispute or action concerning the terms of the Master Agreement shall be in the state serving as Lead State. Venue for any claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity's State. c. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and Attachment A: Page 20 of 30 Page 52 of 1269 exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award, or contract performance or administration if the Lead State is a party; a Participating State if a named party; the state where the Participating Entity or Purchasing Entity is located if either is a named party. 42. Assignment of Antitrust Rights Contractor irrevocably assigns to a Participating Entity who is a state 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 in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 43. Contract Provisions for Orders Utilizing Federal Funds Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement. 44. Leasing or Alternative Financing Methods The procurement and other applicable laws of some Purchasing Entities may permit the use of leasing or alternative financing methods for the acquisition of Products under this Master Agreement. Where the terms and conditions are not otherwise prescribed in an applicable Participating Addendum, the terms and conditions for leasing or alternative financing methods are subject to negotiation between the Contractor and Purchasing Entity. 45. Entire Agreement: This Master Agreement, along with any attachment, contains the entire understanding of the parties hereto with respect to the Master Agreement unless a term is modified in a Participating Addendum with a Participating Entity. No click-through, or other end user terms and conditions or agreements required by the Contractor ("Additional Terms") provided with any Services hereunder shall be binding on Participating Entities or Purchasing Entities, even if use of such Services requires an affirmative "acceptance" of those Additional Terms before access is permitted. Attachment A: Page 21 of 30 Page 53 of 1269 eMarket Center Appendix a. Reserved. Exhibit 1- Contractor's Warranty Terms-follow this page Attachment A: Page 22 of 30 Page 54 of 1269 Exhibit 1 Contractor Product Warranty Terms THIS WARRANTY IS GIVEN TO THE ORIGINAL PURCHASING END USER AND IS APPLICABLE ONLY TO PRODUCTS AND LICENSED MATERIALS AS LISTED HEREIN AND SOLD OR DISTRIBUTED TO SUCH END USER BY EXTREME NETWORKS, INC. (INCLUDING EXTREME NETWORKS IRELAND LIMITED, A WHOLLY OWNED SUBSIDIARY, COLLECTIVELY "EXTREME") OR AN AUTHORIZED EXTREME CHANNEL PARTNER.PRODUCT REGISTRATION WITHIN 30 DAYS AFTER PURCHASE IS REQUIRED TO VALIDATE PRODUCT WARRANTY TO ENSURE FULL AVAILABILITY OF SERVICES ELIGIBILITY. FAILURE TO DO SO MAY RESULT IN DELAYS IN RECEIVING WARRANTY SUPPORT. Table 1 — Extreme Product Wa ranty Suml of Entitlements Duration of Global On-Line Warrant Warranty Technical Support Software/Firmware Hardware Warranty "Warranty Assistance Portal Availability Replacement' Period" Center* 90 Days — Return and Replace — 1 Year Defective Hardware shipped Warranty One Year One Year . One Year Software Media within 10 business Replacement days of receipt of defective asset Two years for Return and Replace — Base Operational Hardware shipped 5 Year Warranty Five Years Five Years Five Years Software2 within 10 business Updates days of receipt of defective asset Product Lifetime for Base Limited Operational Lifetime Software Updates Advanced exchange Warranty — 10 Product Product Product and Upgrades4 replacement hardware Business Day Lifetime Lifetime Lifetime One Year for is shipped within 10 Sbusiness days Ship Advanced Software License Updates4 Actual delivery times may vary depending on specific End User location. z Base Operational Software as defined by Extreme below. Product Lifetime is as further defined and conditioned by Extreme below.'Updates and Upgrades are as further defined by Extreme below. Advanced Software License and Advanced Software License Updates are as further defined by Extreme below. Attachment A: Page 23 of 30 Page 55 of 1269 Limited Lifetime Product Lifetime Advanced exchange Warranty With for replacement hardware Express Product Product Product Base Operational shipped next business Advanced Lifetime Lifetime Lifetime Software day from RMA approval Hardware Updates2 time Replacement' Limited One year for Return and Replace — Lifetime Base Operational Hardware shipped Warranty 15 Product Product Product Software Updates within 15 business Day Return To Lifetime Lifetime Lifetime days of receipt of Factory Ship defective asset Limited Product Lifetime Lifetime for Advanced exchange Warranty With Product Product Product Base Operational replacement hardware Express Lifetime Lifetime Lifetime Software Updates shipped next business Advanced and Upgrades day from RMA approval Hardware time Replacement-2 Software Warranty3 90 Days 90 Days 90 Days 90 Days N/A Return and Replace — 1 Month 1 Month for Hardware shipped Warranty Hardware 90 Days 1 Month N/A within 10 business (WING) days of receipt of defective asset Return and Replace — 3 Month Hardware shipped Warranty 3 Months 90 Days 3 Months N/A within 10 business (WiNG)$ days of receipt of defective asset 1 Year 90 Days — Return and Replace — Warranty Defective software Hardware shipped (WiNG)8, One Year 90 Days 1 Year media within 10 business 10 replacement days of receipt of defective asset Advanced exchange replacement hardware delivered next business day from RMA approval time for fel, GslfCl, C 3fC3,G3 products in North America,Western Europe and Australia only.Advance Hardware Replacement as further defined and conditioned by Extreme below. z Sustaining/Maintenance update releases as defined by Extreme below. z This warranty is also applicable to the WLAN end ADSP product,acquired frorn Zebra technologies by Extreme Networks. provisions provided under the Extreme Warranty are continuations of the Zebra warranty provisions in plaice at the time of the acquisition. Attachment A: Page 24 of 30 Page 56 of 1269 Limited 90 Days — Return and Replace — Lifetime Product Product Defective software Hardware shipped Warranty$ Lifetime 90 Days Lifetime media within 10 business replacement days of receipt of (WING) defective asset Limited Product Lifetime Lifetime for Warranty with Base Operational Advanced exchange replacement hardware Express Product Product Product Software Updates shipped next business Advanced Lifetime Lifetil Lifetime and Upgrades Hardware day from RMA approval time Replacement- B12 * M to 5 'M (Monday toFriday) local 'End User' time. Product (Limited) Warranty This limited warranty extends only to the Hardware Product Warranty Software purchased from an approved source Subject to the limitations and conditions set by an End User who is the first registered end forth herein, Extreme warrants to the original user. End User's sole and exclusive remedy purchasing End User that each unit of Extreme and the entire liability of Extreme and its hardware products ("Hardware Products" or suppliers under this limited warranty will be (i) "Products") will be free from defects in material replacement of the defective media and/or (ii) and workmanship under normal use consistent at Extreme's sole option, repair or replacement with Extreme's published written specifications of the Software subject to the condition that for the Product at the time of shipment. any error or defect constituting a breach of this Warranty Period is for the duration specified in limited warranty is reported to Extreme within Table 1 — Product Warranty, beginning from the warranty period. In no event does Extreme the date of shipment. Breach of warranty will warrant that the Software is error free or that be enforceable against Extreme only if written End User will be able to operate the Software notice of such breach is received by Extreme without problems or interruptions. In addition, within the applicable Warranty Period. due to the continual development of new techniques for intruding upon and attacking Software Product Warranty networks, Extreme does not warrant that the Subject to the limitations and conditions set Software or any equipment, system or network forth herein, Extreme warrants that on which the Software is used will be free of commencing on the Warranty Start Date and vulnerability to intrusion or attack. continuing for a period of ninety (90) days: (a) the media on which the Software is furnished Remedies — In the event of a failure of any will be free of defects in materials and Product to comply with the foregoing warranty workmanship under normal use and (b) the during the applicable warranty period, Extreme Software substantially conforms to the shall, at its sole option, repair or replace the documentation. Except for the foregoing limited Product (which may include a workaround) or warranty, the Software is provided "AS IS". refund the fees paid for such Product following 'Global Technical support provided via;Telephone,Online Support Portal and ernail for first 1.2.months,(from Warranty;tart Date),Online Support Portal and ernail support for remainder of Warranty Period. Product Lifetime for bb`LAN91.00 Products is 3 years post end of sale nate. Attachment A: Page 25 of 30 Page 57 of 1269 return of such Product. The foregoing sets software that is required to operate an forth Customer's sole and exclusive remedies Extreme-branded network device and is for breach of warranty. offered for sale as an inclusive component of such hardware network device product as To ensure timely receipt of Product Warranty further described in Extreme's published price entitlements as described herein, end-user list applicable to such hardware product customer must register your Extreme products. ("Covered Product"). Product registration is required within 30 days after purchase to validate product warranty. Feature Packs and Advanced Software Failure to do so may result in delays in Licenses — Defined as software enabled receiving warranty support. Product warranty pursuant to authorized use of an Extreme- registration is available at: issued license key that enables certain optional embedded software features in an Extreme Networks network device and is offered for uctre i t, tin sale as an optional component of such hardware network device product as further To determine the applicable warranty for a described in Extreme Networks' published particular product please reference the Product price list applicable to such hardware product Warranty Table in Exhibit 8. ("Covered Product"). Definitions Used in This Policy Advanced Software License Updates — Minor Documentation — Extreme supplied or releases of Advanced Software Licenses that published thencurrent technical documentation are optional embedded software features of describing the features and functions of the Covered Products. associated Products. Application Software — Defined as software Warranty Start Date — Used in this policy is that is not required to operate a network from the date of shipment of the Product from device, such as management software or other Extreme, or in the case of resale by an standalone software. It is not an enhancement Extreme authorized reseller, commencing not to the Base Operational Software and may more than 90 days after shipment by Extreme. reside on another network device. Warranty Duration — Product Lifetime — Except Upgrade and Update Software / Firmware where otherwise defined, a period of time Release Schema —A.B.C. commencing on the Warranty Start Date from • A = Major Release Number. Major software Extreme (see below) and ending on five years releases are upgrades. from the Product's announced end-of-sale date . B = Minor/ Sustaining Release Number. in accordance with Extreme's End of Life policy Minor/ Sustaining releases are updates. (attached as Exhibit 3). For purposes of further clarity, end-of-sale dates are defined in the C = Maintenance / Sustaining Release Extreme End of Life Policy. Extreme Wireless Number. Maintenance / Sustaining Controllers Product Lifetime warranty duration releases are updates. is one year from the Product's end-of sale date. Extreme Product Warranty Entitlements Global Technical Assistance Center— Base Operational Software — Embedded Customer is entitled as part of this warranty to Attachment A: Page 26 of 30 Page 58 of 1269 utilize Extreme warranty support line via Business Day shipment will be provided for email, Web form or telephone available from 8 RMA's processed after the time indicated. AM to 5 PM (Monday to Friday) local End User's time for basic hardware and Extreme will use all commercially reasonable operational software troubleshooting efforts to pick pack and ship the hardware assistance in connection with warranty claims, replacement using a commercial delivery including RMA's (excluding installation, service to customers' site. The replacement configuration and general networking part will be shipped via ground shipping with troubleshooting). shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery On-Line Support Portal — Customer shall also from an Extreme regional parts depot to the have access to Extreme Customer Support customer delivery site. Variation in business Website by registering the Product and/or FRU delivery days is possible depending on country at: t 1i_ rr � t rr i of destination or geographical location with the L, t/ � L§ t. r i t� ti i,ii, which may country or other factors. include, but is not limited to: (i) information about status and/or review of known hardware Extreme pays for the return freight of products and/or software issues/problems, (ii) access to from Customer to Extreme, including any technical documentation, (iii) the ability to log a applicable taxes, duties and custom fees to case, (iv) information about the status of country of shipment destination. Any outstanding RMAs. government or Brokers fees associated with the return of products from Customer to Base Operational Software — Updates and Extreme in the country of origin is Customers Upgrades — Customer is entitled to receive any responsibility. Customer must be the Exporter Base Operational Software or Base of Record for all product returns to Extreme. Operational Software upgrades/updates that Extreme pays the freight of the unit shipped to Extreme may develop and generally release on customer, excluding any applicable taxes, Covered Products. duties and custom fees in Customers destination country. Extreme will not be the Base Operational Software: Updates — importer of record on any shipments to Customer is entitled to receive any Base Customer. Operational Software updates (i.e., sustaining and/or maintenance releases) that Extreme Customer is responsible for returning the may develop and generally release on defective Product to an Extreme-authorized Covered Products. return facility. In the event that you fail to return the defective Product within ten (10) business Hardware Replacement: Advanced Exchange days of receipt of the replacement FRU, Next Business Day Ship — Extreme Networks Extreme reserves the right to require customer must process the RMA relating to the defective to pay the full, or portion of the, List Price of the FRU or product component. Extreme will product per the Advanced Exchange Warranty send an invoice to customer that will reflect the RMA Times section of the Extreme Networks amount to be paid. Service Availability Matrix, Monday through Friday, in order to ship the replacement Hardware Replacement: Return and Replace — product to your site, by the end of day of the Extreme will make commercially reasonable Next Business Day. Otherwise Second efforts, at its expense, to see the shipping of a repaired or replacement FRU (feature, function Attachment A: Page 27 of 30 Page 59 of 1269 and fit compatible) within 10 or 15 business replacement using a commercial delivery days (depending upon affected product) of service to customers' site. The replacement receipt of the defective FRU at an Extreme part will be shipped via ground shipping with facility. shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery Extreme will use all commercially reasonable from an Extreme regional parts depot to the efforts to pick pack and ship the hardware customer delivery site. Variation in business replacement using a commercial delivery delivery days is possible depending on service to customers' site. The replacement country of destination or geographical location part will be shipped via ground shipping with with the country or other factors. shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery Extreme pays for the return freight of products from an Extreme regional parts depot to the from Customer to Extreme, including any customer delivery site. Variation in business applicable taxes, duties and custom fees to delivery days is possible depending on country country of shipment destination. Any of destination or geographical location with the government or Brokers fees associated with country or other factors. the return of products from Customer to Extreme in the country of origin is Customers Customer pays for the return freight of the responsibility. Customer must be the Exporter product to Extreme's designated location, of Record for all product returns to Extreme. including any applicable taxes, duties and Extreme pays the freight of the unit shipped to custom fees in both country of origin and customer, excluding any applicable taxes, destination. Customer must be the Exporter of duties and custom fees in Customers Record for all product returns to Extreme. destination country. Extreme will not be the Extreme pays the freight of the unit shipped to importer of record on any shipments to Customer, excluding any applicable taxes, Customer. duties and custom fees. Customer must be the Importer of Record for all returns to Customer. Customer is responsible for returning the defective Product to an Extreme-authorized Advanced Hardware Replacement — return facility In the event that you fail to return Extreme provides for the advanced shipment the defective Product within ten (10) business of replacement hardware. After a request for days of receipt of the replacement FRU, a replacement Field Replaceable Unit (FRU) Extreme reserves the right to require customer is validated for warranty entitlement by to pay the full, or portion of the, List Price of Extreme Global Technical Assistance Center the FRU or product component. Extreme will (GTAC) and a Return Material Authorization send an invoice to customer that will reflect the (RMA) number is processed, a new field amount to be paid. replaceable unit (FRU), Extreme will make Hardware Replacement: General Provisions — commercially reasonable efforts, to pick, Extreme is not responsible for any delays pack and ship the replacement FRU per the related to export or customs regulations or Hardware Replacement provisions as stated processes, or transportation issues. Actual in Table 1 (Warranty Summary of delivery times may vary depending on Entitlements) using a commercial delivery specific customer location. service to customer's site. Dead on Arrival (DOA) — For up to 30 days Extreme will use all commercially reasonable from the date of shipment of the Product from efforts to pick pack and ship the hardware Extreme (or in the case of resale by an Attachment A: Page 28 of 30 Page 60 of 1269 Extreme authorized reseller or channel partner, Table 2— Integrated Components Coverage commencing not more than 90 days after The following components that are integrated shipment by Extreme), Extreme will provide within a product may have separate warranty Advanced Hardware Replacement of affected provisions: field replaceable unit (FRU) of Hardware Product Fans Power Supplies' Products that fail to operate within 24 hours of Family initial installation. For purposes of this DOA policy, "fail to I-Series N/A 3 Years operate" shall mean a material failure to 7100G 5 Years 5 Years substantially perform in accordance with the Hardware Products' published Documentation. Appliance Products and Products Sold Within a Bundle — For products that are sold in a Warranty Duration: Integrated Component "bundled" manner noted as either a Bundle or Coverage — For certain product families some as an Appliance in further defined in Extreme's Integrated Components, such as power published price list, the warranty provision supplies, fans, and cables, may have their own provided is per each individual Product Part separate warranty duration which may be Number that comprises the bundle, unless different than the product it is embedded in. otherwise noted in the price list. For a listing, reference Table 2 — Integrated Component Coverage below. Warranty Assumptions Extreme is not responsible for any delays related to export or customs regulations or processes, in the event of force majeure, or due to transportation issues. Actual delivery times may vary depending on specific customer location. Replacement Products will be warranted for the remaining warranty period of the original Products that were replaced, and may be new or refurbished products. If a warranty claim is invalid for any reason and Extreme agrees to repair the returned Product even though it is not under warranty, Extreme reserves the right to charge for services performed and expenses incurred by Extreme in repairing, handling and shipping the returned Product. Expendable parts, such as fuses, lamps, filters, and other parts that are regularly replaced due to normal use are excluded from this limited Product Warranty. External Redundant Power Supplies are included In the warranty coverage for the A, B,and C Series.Redundant Power Supply Cables that are shipped with External Redundant Power Supplies are covered under the Redundant Power Supply Warranty Attachment A: Page 29 of 30 Page 61 of 1269 As to Products repaired or replaced during the original warranty period for such Disclaimer of Warranties Product, the warranty period on the EXCEPT FOR THE EXPRESS WARRANTIES replacement Product or the repaired Product AND CONDITIONS SET FORTH HEREIN, shall terminate 30 days after shipment to EXTREME MAKES NO OTHER End User or upon the termination of the WARRANTIES OR CONDITIONS RELATING original warranty period, whichever is TO THE PRODUCTS AND/OR FRU(s) longer. PROVIDED, AND SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY OTHER Unless required for operational reasons or as EXPRESS, IMPLIED OR STATUTORY otherwise agreed between customer and WARRANTIES AND FURTHER EXPRESSLY Extreme in a separate writing, replacement DISCLAIMS ANY WARRANTY OF FRU will be at the then-current minimum MERCHANTABILITY, FITNESS FOR hardware, software and software release levels PARTICULAR PURPOSE, ACCURACY OF as published by Extreme for the Product being INFORMATION, OR NONINFRINGEMENT OF replaced. THIRD PARTY RIGHTS. IN NO EVENT WILL EXTREME BE LIABLE TO CUSTOMER FOR As to any out-of-warranty Products repaired, ANY INDIRECT, SPECIAL, INCIDENTAL, modified or replaced by Extreme at CONSEQUENTIAL OR EXEMPLARY Extreme's regular published charges, the DAMAGES OF ANY KIND (INCLUDING BUT warranty period with respect to the material NOT LIMITED TO ANY LOST PROFITS OR and workmanship hereunder shall expire 30 LOST SAVINGS, LOSS OF USE OR days after the date of shipment of said INTERRUPTION OF BUSINESS, OR Product to End User. PROCUREMENT OF SUBSTITUTE GOODS), HOWEVER CAUSED, WHETHER ARISING IN Warranty Exclusions CONTRACT, TORT, BREACH OF Limitation WARRANTY, NEGLIGENCE, STRICT The warranties set forth above shall not LIABILITY OR OTHERWISE, EVEN IF apply to: (i) any third party software or EXTREME WAS ADVISED OF THE hardware, whether or not such third party POSSIBILITY OF SUCH DAMAGES, AND software or hardware is or was provided by WHETHER OR NOT ANY REMEDY Extreme; (ii) any Products that have been PROVIDED HEREIN SHOULD FAIL OF ITS modified or repaired by anyone or any entity ESSENTIAL PURPOSE. EXTREME TOTAL other than Extreme or as authorized by LIABILITY UNDER THIS WARRANTY TO Extreme in writing; or (iii) any Products which CUSTOMER IN RELATION TO have not been maintained in accordance THE PRODUCT(S) AND/OR FRU(S) AND with any handling or operating instructions FULFILLMENT OF WARRANTY SERVICES supplied by Extreme, or that have been AS DEFINED HEREIN SHALL BE LIMITED subjected to any unusual or non-standard TO THE AMOUNTS PAID TO EXTREME FOR physical or electrical stress, misuse, SUCH PRODUCT(S) AND/OR FRU(S). negligence, accidents, or causes beyond Extreme's control. The warranties and Use of Subcontractors corresponding entitlements set forth herein Extreme reserves the right to engage third are for the benefit of and shall apply only to party subcontractors to perform any services end user customer. defined herein on behalf of Extreme. Attachment A: Page 30 of 30 Page 62 of 1269 Attachment B — Scope Awarded to Contractor I. Data Communications Award Categories The scope for this contract is as provided below. Contractor may offer products (i.e. white box, artificial intelligence, etc.)and services within the Categories it received an award in. Each category also allows for Internet of Things (IoT) products. These products must be an IoT product that can be deployed within, upon, or integrated into a government agency's physical asset to address government line of business needs. Proposals are expected to include IoT products designed to support common government lines of business in specific subcategories i.e. routers,switches,end points,etc. IoT products can only be provided in categories that the vendor is awarded in and can include endpoints that support items in that category. Category 1.2: NETWORKING 1.2.1 Network Application Services. Application networking solutions and technologies that enable the successful and secure delivery of applications to local, remote,and branch-office users using technology to accelerate,secure,and increase availability of both application traffic and computing resources. 1.2.1.1 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 1.2.1.2 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 • Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages). 1.2.2 Networking Software. Software that runs on a server,or within the Cloud,and enables the server to manage data, users,groups, security, applications,and other networking functions.The network operating system is designed to allow Page 1 of 11 Attachment B Page 63 of 1269 transfer of data 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 • Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages). 1.2.2.1 Network Management and Automation — Software products and solutions for network automation, cloud computing, and IT systems management. 1.2.2.2 Data Center Management and Automation — Software products and solutions that capture and automate manual tasks across servers, network, applications, and virtualized infrastructure. 1.2.2.3 Cloud Portal and Automation — Software products and solutions for cloud management with policy-based controls for provisioning virtual and physical resources. 1.2.2.4 Branch Office Management and Automation — Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management, and WAN performance monitoring. 1.2.3 Network Optimization and Acceleration. Devices and tools for increasing data-transfer efficiencies across wide-area networks. 1.2.3.1 Data Analytics — Appliance for improving network management by more effectively factoring in issues related to congestion, such as utilization, service consumption and routing. Provides real-time insights into network traffic to determine the value of different portions of that traffic. 1.2.3.2 Dynamic Load Balancing (Network Traffic Management) — 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. 1.2.3.3 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 1.2.3.4 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. 1.2.4 Optical Networking. Page 2 of 11 Attachment B Page 64 of 1269 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. 1.2.4.1 Core DWDM (Dense Wavelength Division Multiplexing) Switches — Switches used in systems designed for long haul and ultra long-haul optical networking applications. 1.2.4.2 Edge Optical Switches — Provide entry points into the enterprise or service provider core networks. 1.2.4.3 Optical Network Management— Provides capabilities to manage the optical network and allows operators to execute end-to-end circuit creation. 1.2.4.4 IP over DWDM (IPoDWDM) — A device utilized to integrate IP Routers and Switches in the OTN (Optical Transport Network). Category 1.3: ROUTERS,SWITCHES,SECURITY,AND NETWORKING STORAGE 1.3.1 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. 1.3.1.1 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. 1.3.1.2 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. 1.3.1.3 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). 1.3.1.4 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. 1.3.1.5 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). 1.3.2 Security. 1.3.2.1 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. Page 3 of 11 Attachment B Page 65 of 1269 1.3.2.2 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 • 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) 1.3.2.3 Logging Appliances and Analysis Tools — Solutions utilized to collect, classify, analyze, and securely store log messages. 1.3.2.4 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. 1.3.2.5 Secure Mobility Products — Delivers secure, scalable access to corporate applications across multiple mobile devices. 1.3.2.6 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. 1.3.2.7 On-premise and Cloud-based services for Network Communications Integrity — Solutions that provide threat protection, data loss prevention, message level encryption, acceptable use and application control capabilities to secure web and email communications. This could include cloud access security brokers (CASBs) and DNS security. 1.3.2.8 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 1.3.3 Storage Networking. High-speed network of shared storage devices connecting different types of storage devices with data servers. 1.3.3.1 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 Page 4 of 11 Attachment B Page 66 of 1269 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. 1.3.3.2 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 redundancy. FC switches implement zoning; a mechanism that disables unwanted traffic between certain fabric nodes. 1.3.3.3 Enterprise and Data Center SAN and USAN (Virtual Storage Area Network) Management — Management tools to provisions, monitors, troubleshoot, and administers SANS and VSANs. 1.3.3.4 SAN Optimization —Tools to help optimize and secure SAN performance (ie. Encryption of data- at-rest, data migration, capacity optimization, data reduction, etc. 1.3.4: 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. 1.3.4.1 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: 1. Security a. SSHv2 (Secure Shell Version 2) b. 802.1X(Port Based Network Access Control) c. Port Security d. DHCP (Dynamic Host Configuration Protocol) Snooping 2. VLANs 3. Fast Ethernet/Gigabit Ethernet 4. PoE (Power over Ethernet) 5. link aggregation 6. 10 Gb support 7. Port mirroring 8. Span Taps 9. Support of IPv6 and IPv4 10. Standards-based rapid spanning tree 11. Netflow Support(Optional). 1.3.4.2 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 Page 5 of 11 Attachment B Page 67 of 1269 • Security o SSHv2 o MacSec encryption o 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. 1.3.4.3 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 1.3.4.4 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) a minimum of 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 Page 6 of 11 Attachment B Page 68 of 1269 • Ability to remotely disable and enable individual ports • Support NetFlow or equivalent 1.3.4.5 Software Defined Networks(SDN) —An application in SDN that manages flow control to enable intelligent networking. 1.3.4.6 Software Defined Networks (SDN) -Virtualized Switches and Routers —Technology utilized to support software manipulation of hardware for specific use cases. 1.3.4.7 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. 1.3.4.8 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 o Per VLAN Spanning Tree o Rapid Spanning Tree o VLAN IDs up to 4096 o Layer 2 Class of Service (IEEE 802.1p) o Link Aggregation Control Protocol (LACP) o QinQ(IEEE 802.lad) 1.3.4.9 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. Page 7 of 11 Attachment B Page 69 of 1269 • Hot-swappable and field-replaceable integrated power supply and fan tray • AC or DC power supply with minimum 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 Category 1.4:WIRELESS. Provides connectivity to wireless devices within a limited geographic area. System capabilities should include: • Redundancy and automatic failover • IPv6 compatibility • NTP Support 1.4.1 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: • 802.11a/b/g/n • 802.11n • 802.11ac • 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 1.4.2 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) Page 8 of 11 Attachment B Page 70 of 1269 1.4.3 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 1.4.4 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 1.4.5 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 1.4.6 Mobile Device Management (MDM) — 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 Page 9 of 11 Attachment B Page 71 of 1269 II. Value Added Services For each Award Category above, the following valued services should also be available for procurement at the time of product purchase or anytime afterwards. This provided list of value added services is not intended to be exhaustive, and may be updated pursuant to the terms of the resulting Master Agreement 2.1 Maintenance Services — Capability to provide technical support, software maintenance, flexible hardware coverage, and smart, proactive device diagnostics for hardware. 2.2 Professional Services a. Deployment Services i. Survey/ Design Services — Includes, but not limited to, discovery, design, architecture review/validation, and readiness assessment. ii. Implementation Services — Includes, but not limited to, basic installation and configuration or end-to-end integration and deployment. iii. 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. b. 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. c. Consulting/Advisory Services — Includes, but not limited to, assessing the availability, reliability, security and performance of Customer's existing solutions. d. Data Communications Architectural Design Services — Developing architectural strategies and roadmaps for transforming Customer's existing network architecture and operations management. e. 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. f. Testing Services – Includes, but not limited to, testing the availability, reliability, security and performance of Customer's existing solutions 2.3 Partner Services— Provided by Contractor's Authorized Partners/Resellers. a. 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 primary Contractor (OEM), Contractor is ultimately responsible for the service and performance of its Partners/ Resellers. Customers may have the option to purchase the Services to be directly delivered by Contractor (OEM) or its certified Partners/Resellers. 2.4 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. Page 10 of 11 Attachment B Page 72 of 1269 III. Product Line Additions During the contract term Contractor may submit a request to update product catalog that falls within the scope listed in herein this Attachment B as new technology is introduced, updated or removed from the market. Lead State will evaluate requests and update the contract offering as appropriate. New product additions must utilize the same pricing structure as was used for services falling into the same service category. A. Minimum Discount The Minimum Discount%off List shall be firm fixed for the duration of the contract. However, the list prices may fluctuate through the life of the contract, as provided within Attachment A. Contractor may offer increased discounts upon achievement of contract volume milestones. Minimum guaranteed contract discounts do not preclude Contractor and/or its authorized resellers from providing deeper or additional, incremental discounts at their sole discretion. Purchasing entities shall benefit from any promotional pricing offered by the Contractor to similar customers. Promotional pricing shall not be cause for a permanent price change. Page 11 of 11 Attachment B Page 73 of 1269 Attachment C-Pricing Discounts and Value Added Services Contractor Extreme Networks,Inc. Section 1:Pricing Notes 1. %discounts are based on minimum discounts off Contractor's commercially published pricelists versus fixed pricing.Nonetheless,Orders will be fixed-price or fixed-rate and not cost reimbursable contracts.Contractor has the ability to update and refresh its respective price catalog,as long as the agreed-upon discounts are fixed. 2. Minimum guaranteed contract discounts do not preclude an Offeror and/or its authorized resellers from providing deeper or additional,incremental discounts at their sole discretion. 3. Purchasing entities shall benefit from any promotional pricing offered by Contractor to similar customers. Promotional pricing shall not be cause for a permanent price change. 4. Contractor's price catalog shall include the price structures of all products,services and value added items(i.e.,Maintenance Services,Professional Services,Etc.)that it intends to provide under its contract. Pricing shall all-inclusive of infrastructure and software costs and management of infrastructure,network,OS,and software. ,Section 2:Minimum r Category 1.2 Networking Hardware and Software(on premise) 38.00% Cloud Services NA Service Packages(i.e.,Maintenance,etc.) 12%for HW/6%for SW Category 1.3 Routers,Switches,Secuirty,and Networking Storage Hardware and Software(on premise) 38.00% Cloud Services NA Service Packages(i.e.,Maintenance,etc.) 12%for HW/6%for SW Category 1.4 Wireless Hardware and Software(on premise) 38.00% Cloud Services NA Service Packages(i.e.,Maintenance,etc.) 12%for HW/6%for SW Section 3:Value Added Services Provide the title,job description for each title,and associated hourly rate.Add additional rows as necessary. Hourly Rates Weekday Weekend State Holiday Title Job Description onsite Remote Onsite '. Remote Onsite Remote i Extreme Maintenance Offerings are Maintenance Services included above $281.25-*24 hour $281.25-*8 $421.88-*24 $421.88-*8 $421.88-*24 $421.88-*8 minimum for onsite hour minimum hour hour hour hour Implementation offered under support for remote minimum for minimum for minimum for minimum for Extreme's Professional Services support onsite remote onsite support remote Professional Services portfolio. support support support Deployment Services $281.25-*24 hour $281.25-*8 $421.88*24 $421.88-*8 $421.88*24 $421.88-*8 minimum for onsite hour minimum hour hour hour hour support for remote minimum for minimum for minimum for minimum for Deplopyment offered under Extreme's support onsite remote onsite support remote Professional Services portfolio. support support support Consulting Advisory Services Consulting Advisory Services offered $281.25-*24 hour $281.25-*8 $421.88-*24 $421.88-*8 $421.88-*24 $421.88-*8 Architectural Design Services $281.25-*24 hour $281.25-*8 $421.88-*24 $421.88-*8 $421.88-*24 $421.88-*8 minimum for onsite hour minimum hour hour hour hour Architectural Design Services offered support for remote minimum for minimum for minimum for minimum for under Extreme's Professional Services support onsite remote onsite support remote portfolio. support support support Statement of Work Services SOWS are offered under Extreme's $281.25-*24 hour $281.25-*8 $421.88-*24 $421.88-*8 $421.88-*24 $421.88-*8 Partner Services NA Training Deployment Services $281.25-*24 hour $281.25-*8 $421.88-*24 $421.88-*8 $421.88-*24 $421.88-*8 minimum for onsite hour minimum hour hour hour hour support for remote minimum for minimum for minimum for minimum for Technical Training-knowledge based support onsite remote onsite support remote training offered during implementation support support support Education and Training Classroom Technical Training $68.75 N/A $68.75 N/A $68.75 N/A [add any additional Value Added Services] Attachment Page 7416f1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 2 End User License Agreement This document is an agreement ("Agreement") between You, the end user, and Extreme Networks, Inc., on behalf of itself and its Affiliates ("Extreme") that sets forth Your rights and obligations with respect to the "Licensed Materials". BY INSTALLING SOFTWARE AND/OR THE LICENSE KEY FOR THE SOFTWARE ("License Key") (collectively, "Licensed Software"), IF APPLICABLE, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE AND/OR ANY OF THE LICENSED MATERIALS UNDER THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE LICENSE(S) AND THE LIMITATION(S) OF WARRANTY AND DISCLAIMER(S)/LIMITATION(S) OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE LICENSE KEY (IF APPLICABLE) TO EXTREME OR YOUR DEALER, IF ANY, OR DO NOT USE THE LICENSED SOFTWARE AND/OR LICENSED MATERIALS AND CONTACT EXTREME OR YOUR DEALER WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT TO ARRANGE FOR A REFUND. t. DEFINITIONS. "Affiliates" means, with respect to a party, any person, partnership, corporation, limited liability company, or other form of enterprise that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with such party. "Server Application" means the software application associated to software authorized for installation (per License Key, if applicable) on one or more of Your servers as further defined in the Ordering Documentation. "Client Application" means the application to access the Server Application. "Network Device" means a physical computer device, appliance, appliance component, controller, wireless access point, or virtual appliance as further described within the applicable product documentation, which includes, without limitation, the Order Documentation. "Licensed Materials" means the Licensed Software (including, without limitation, the Server Application and Client Application), Network Device (if applicable, but excluding any ODM Network Device), Firmware, media embodying software, and the accompanying documentation. "Concurrent User" means any of Your individual employees who You provide access to the Server Application at any one time. "Firmware" means any software program or code embedded in chips or other media. "Standalone" software is software licensed for use independent of any hardware purchase as identified in the Ordering Documentation. "ODM Network Device" means a Network Device purchased by You from a Specified ODM as identified in the Ordering Documentation. "Specified ODM" means an original device manufacturer as identified in the Ordering Documentation. "Licensed Software" collectively means the software, including without limitation Standalone software, Firmware, Server Application, Client Application or other application licensed with conditional use parameters as defined in the Ordering Documentation. "Ordering Documentation" means the applicable price quotation, corresponding purchase order, relevant invoice, order acknowledgement, and accompanying documentation or specifications for the products and services Attachment D Pae 1 of 471 Page 75 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. purchased, acquired or licensed hereunder from Extreme either directly or indirectly. "Open Source Software" means any software code or component that is distributed as open source software or freeware or is otherwise distributed publicly or made generally available in source code form under terms that permit modification and redistribution on one or more triggering conditions. 2. TERM. This Agreement is effective from the date on which You accept the terms and conditions of this Agreement via click-through, commence using the products and services or upon delivery of the License Key if applicable, and shall be effective until terminated. In the case of Licensed Materials offered on a subscription basis, the term of"licensed use" shall be as defined within Your Ordering Documentation. 3. GRANT OF LICENSE. Extreme hereby grants You a non-transferable, non- sublicensable, non-exclusive license to use the Licensed Materials and the accompanying documentation for Your own business purposes, subject to the terms and conditions of this Agreement, applicable licensing restrictions, and any term, user server networking device, field of use, or other restrictions as set forth in Your Ordering Documentation. If the Licensed Materials are being licensed on a subscription and/or capacity basis, the applicable term and/or capacity limit of the license shall be specified in Your Ordering Documentation. You may install and use the Licensed Materials as permitted by the license type purchased as described below in License Types. The license type purchased is specified in the Ordering Documentation. YOU MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. 4. LICENSE TYPES. • Single User, Single Network Device. Under the terms of this license type, the license granted to You by Extreme authorizes You to use the Licensed Materials as bundled with a single Network Device as identified by a unique serial number for the applicable term, if and as specified in Your Ordering Documentation, or any replacement for that Network Device for that same term, for internal use only. A separate license, under a separate license agreement, is required for any other Network Device on which You or another individual, employee or other third party intend to use the Licensed Materials. A separate license under a separate license agreement is also required if You wish to use a Client license (as described below). • Single User, Multiple Network Devices. Under the terms of this license type, the license granted to You by Extreme authorizes You to use the Licensed Materials with a defined amount of Network Devices as defined in the Ordering Documentation. • Client. Under the terms of the Client license, the license granted to You by Extreme will authorize You to install the License Key for the Licensed Materials on Your server and allow the specific number of Concurrent Users as ordered by you and is set forth in Your Ordering Documentation. A separate license is required for each additional Concurrent User. Attachment D Pae 2 of 471 Page 76 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. • Standalone. Software or other Licensed Materials licensed to You for use independent of any Network Device. • Subscription. Licensed Materials, and inclusive Licensed Software, Network Device or related appliance updates and maintenance services, licensed to You for use during a subscription period as defined in Your applicable Ordering Documentation. • Capacity. Under the terms of this license, the license granted to You by Extreme authorizes You to use the Licensed Materials up to the amount of capacity or usage as defined in the Ordering Documentation. s. AUDIT RIGHTS. You agree that Extreme may audit Your use of the Licensed Materials for compliance with this Agreement and Your License Type at any time, upon reasonable notice. In the event that such audit reveals any use of the Licensed Materials by You other than in full compliance with the license granted and the terms of this Agreement, Extreme reserves the right to charge You for all reasonable expenses related to such audit in addition to any other liabilities and overages applicable as a result of such non-compliance, including but not limited to additional fees for Concurrent Users, excess capacity or usage over and above those specifically granted to You. From time to time, the Licensed Materials may upload information about the Licensed Materials and the associated usage to Extreme. This is to verify the Licensed Materials are being used in accordance with a valid license and/or entitlement. By using the Licensed Materials, you consent to the transmission of this information. 6. RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS. Except as expressly permitted in this Agreement, You may not copy or otherwise reproduce the Licensed Materials. In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile, disassemble, electronically transfer, reverse engineer, extract or otherwise derive, the source code and any other ideas, algorithms or procedures from the Licensed Materials, including without limitation the Licensed Software, or to translate the Licensed Materials into another computer language, except to the extent that Extreme is not permitted by applicable law to exclude or limit such rights. The media or software in other form embodying the Licensed Materials may be copied by You, in whole or in part, into machine-readable form, in sufficient numbers only for backup or archival purposes, or to replace a worn or defective copy. However, You agree not to have more than two (2) copies of the Licensed Software in whole or in part, including without limitation the original media, in Your possession for said purposes without Extreme's prior written consent, and in no event shall You operate more copies of the Licensed Software than the specific licenses granted to You. Notwithstanding the above, you may not copy or reproduce the documentation. You agree to maintain appropriate records of the location of the original media and all copies of the Licensed Software, in whole or in part, made by You. You agree to include any copyright, trademark, claims of confidentiality, or trade secrets, or other proprietary notice set forth on the label of the media embodying the Licensed Software on any copy of the Licensed Materials in any form, in whole or in part, or on any modification of the Licensed Materials or any such modular work containing the Licensed Materials or any part thereof. Attachment D Pae 3 of 471 Page 77 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 7. TITLE AND PROPRIETARY RIGHTS. (a) The Licensed Materials are copyrighted works and, as between You and Extreme, are the sole and exclusive property of Extreme, its Affiliates, and/or its and their suppliers. This Agreement conveys a limited right to operate the Licensed Materials and shall not be construed to convey title to the Licensed Materials to You. There are no implied rights. You shall not sell, lease, transfer, sublicense, dispose of, or otherwise make available the Licensed Materials or any portion thereof, to any other party. (b) You further acknowledge that in the event of a breach of this Agreement, Extreme shall suffer severe and irreparable damages for which monetary compensation alone will be inadequate. You therefore agree that in the event of a breach of this Agreement, Extreme shall be entitled to monetary damages and its reasonable attorney's fees and costs in enforcing this Agreement, as well as injunctive relief to restrain such breach, in addition to any other remedies available to Extreme. s. PROTECTION AND SECURITY. In the performance of this Agreement or in contemplation thereof, You and Your employees and agents may have access to private or confidential information owned or controlled by Extreme relating to the Licensed Materials supplied hereunder including, but not limited to, product specifications and schematics, and such information may contain proprietary details and disclosures. All information and data so acquired by You or Your employees or agents under this Agreement or in contemplation hereof shall be and shall remain Extreme's exclusive property, and You shall use all commercially reasonable efforts to keep, and have Your employees and agents keep, any and all such information and data confidential, and shall not copy, publish, or disclose it to others, without Extreme's prior written approval, and shall return, destroy or expunge such information and data to Extreme at its request. Nothing herein shall limit Your use or dissemination of information not actually derived from Extreme or of information which has been or subsequently is made public by Extreme, or a third party having authority to do so. You agree not to deliver or otherwise make available the Licensed Materials or any part thereof, including without limitation the object or source code (if provided) of the Licensed Software, to any party other than Extreme or its employees, except for purposes specifically related to Your use of the Licensed Materials on a single computer as expressly provided in this Agreement, without the prior written consent of Extreme. You acknowledge that the Licensed Materials contain valuable confidential information and trade secrets, and that unauthorized use, copying and/or disclosure thereof are harmful to Extreme, its Affiliates, and its and their suppliers. 9. MAINTENANCE AND UPDATES. Except as otherwise defined below, updates and certain maintenance and support services, if any, shall be provided to You pursuant to the terms of a separate service and/or maintenance agreement, if Extreme and You enter into such an agreement. Except as specifically set forth in such agreement, Extreme shall not be under any obligation to provide updates, modifications, or enhancements, or maintenance and support services for the Licensed Materials to You. If you have purchased Licensed Materials on a subscription basis then the applicable service terms for Your Licensed Materials are as provided in Your Ordering Documentation. Extreme will Attachment D Pae 4 of 471 Page 78 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. perform the maintenance and updates in a timely and professional manner, during the term of Your subscription, using qualified and experienced personnel. You will cooperate in good faith with Extreme in the performance of the support services including, but not limited to, providing Extreme with: (a) access to the Extreme Licensed Materials (and related systems); and (b) reasonably requested assistance and information. Further information about the applicable maintenance and updates terms can be found in Extreme's Terms of Support (attached as Exhibit 4). to. DEFAULT AND TERMINATION. In the event that You shall fail to keep, observe, or perform any obligation under this Agreement, including without limitation a failure to pay any sums due to Extreme, or in the event that you become insolvent or seek protection, voluntarily or involuntarily, under any bankruptcy law, Extreme may, in addition to any other remedies it may have under law, terminate this Agreement and any other related agreements between Extreme and You. (a) Immediately after any termination of this Agreement, Your licensed subscription term, or if You have for any reason discontinued use of Licensed Materials, You shall return to Extreme, destroy or expunge (in Extreme's discretion) the original and any copies of the Licensed Materials and remove the Licensed Materials, including without limitation any Licensed Software, from any Network Devices, and certify in writing that through Your best efforts and to the best of Your knowledge the original and all copies of the terminated or discontinued Licensed Materials have been returned to Extreme, destroyed or expunged. (b) Sections 1, 77 87 107 117 127 137 14 and 15 shall survive expiration or termination of this Agreement for any reason. tt. EXPORT REQUIREMENTS. You are advised that the Licensed Materials, including without limitation the Licensed Software, is of United States origin and subject to United States Export Administration Regulations; diversion contrary to United States law and regulation is prohibited. You agree not to directly or indirectly export, re-export, import or transmit the Licensed Materials, including without limitation the Licensed Software to any country, end user or for any use that is prohibited by applicable United States laws or regulations (including but not limited to those countries embargoed from time to time by the United States government) or contrary to the laws or regulations of any other governmental entity that hasjurisdiction over such export, reexport, import, transmission or use. 12. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials (i) incorporate commercial computer software and commercial computer software documentation developed exclusively at private expense, and (ii) are in all respects proprietary property belonging solely to Extreme or its suppliers. If You are acquiring the Licensed Materials on behalf of any part of the U.S. government, the following provisions apply. The object code and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Attachment D Pae 5 of 471 Page 79 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. object code or the accompanying documentation by the U.S. government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the provisions hereof. Any technical data provided that is not covered by the above provisions is deemed to be "technical data" and "commercial items" pursuant to DFAR Section 252.227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 252.227.7015(b). 13. LIMITED WARRANTY AND LIMITATION OF LIABILITY. Extreme warrants to You that (a) the initially-shipped version of the Licensed Materials will materially conform to the Ordering Documentation; and (b)the media on which the Licensed Software is recorded will be free from material defects for a period of ninety (90) days from the date of delivery to You or such other minimum period required under applicable law. Extreme does not warrant that Your use of the Licensed Materials will be error-free or uninterrupted. NONE OF EXTREME, ITS AFFILIATES, OR ITS OR THEIR LICENSORS OR SUPPLIERS, MAKE ANY OTHER WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". THE LIMITED WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED, AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. IN NO EVENT WILL EXTREME OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR ANY LOST PROFITS OR DATA, OR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INABILITY TO USE THE LICENSED MATERIALS, TO ANY PARTY EVEN IF EXTREME OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXTREME OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS DURING THE TWELVE (12)- MONTH PERIOD PRECEDING THE EVENT CAUSING THE CLAIM. Some jurisdictions do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to You. This limited warranty gives You specific legal rights, and You may also have other rights which vary based on Your applicable jurisdiction. 14. GOVERNING LAW; JURISDICTION. The validity, performance and construction of this Agreement and the rights and obligations of the parties pursuant to this Agreement shall be governed and construed in accordance with the laws of the State of California, without reference to any conflicts of law rules that would mandate the application of the Attachment D Pae 6 of 471 Page 80 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. laws of another jurisdiction. Extreme and You hereby consent to the exclusive jurisdiction of, and venue in, the State and Federal courts of the State of California. You waive any objections to the personal jurisdiction and venue of such courts. None of the 1980 United Nations Convention on the Limitation Period in the International Sale of Goods, the United Nations Convention on Contracts for the International Sale of Goods, or the Uniform Computer Information Transactions Act shall apply to this Agreement. 15. FREE AND OPEN SOURCE SOFTWARE. Portions of the Licensed Software provided to You may contain Open Source Software that is subject to a license that permits You to modify these portions and redistribute the modifications (an "Open Source License"). Your use, modification, and redistribution of the Open Source Software are governed by the terms and conditions of the applicable Open Source License. Some of the Open Source Software may be subject to: the GNU General Public License (GPL), the Lesser General Public License (LGPL), the Artistic License, the Mozilla Public License, Common Public License, the BSD License, the MIT License, the Apache License, the Creative Commons License, and/or other Open Source Licenses, copies of which are provided with the Licensed Materials or can be found on Extreme's website at https://www. xtrmntworks.com/support/policies/open-source-declaration/. In accordance with the terms of GPL and LGPL, you may request a copy of the relevant source code should GPL and/or LGPL terms apply to your Licensed Software. Additional details are available upon request to Extreme. This offer is valid for up to three years from the date of original distribution of the relevant Licensed Software. All Open Source Software is provided to You on an "AS IS" basis, and Extreme makes no representations or warranties for the use of this Open Source Software by You independent of any Extreme provided product, software, or services. Refer to the licenses and copyright notices listed in the relevant open source declaration for any specific license terms that apply to each Open Source Software component and warranty, if any, from the associated authors or licensors. Extreme specifically disclaims any warranties for defects caused by altering or modifying any Open Source Software or the products' recommended configuration. You have no warranty or indemnification claims against Extreme in the event that the Open Source Software infringes the intellectual property rights of a third party. Technical support, if any, will only be provided for the unmodified Extreme product as used within such product's recommended configuration. 16. GENERAL. (a) This Agreement is the entire agreement between Extreme and You with respect to the subject matter hereof, including without limitation the Licensed Materials, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. (b) This Agreement may not be changed or amended except in writing signed by both parties hereto. No purchase order shall supersede or amend any terms of this Agreement. (c) You represent that You have full right and/or authorization to enter into this Agreement. Attachment D Pae 7 of 471 Page 81 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. (d) This Agreement shall not be assignable by You without the express written consent of Extreme. The rights of Extreme and Your obligations under this Agreement shall inure to the benefit of Extreme's assignees, licensors, and licensees. (e) Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. (fl The provisions of the Agreement are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding on and enforceable by and between the parties hereto. (g) Extreme's waiver of any right shall not constitute waiver of that right in future. (n) Should You have any questions regarding this Agreement, You may contact Extreme at the address set forth below. Any notice or other communication to be sent to Extreme must be mailed by certified mail to the following address: Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 United States ATTN: Legal Department Attachment D Pae 8 of 471 Page 82 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 3 Extreme Networks Product Support and End of Life Policy Effective January 1, 2019 General Disclaimer. Although Extreme Networks has attempted to provide accurate information with this document, Extreme Networks assumes no responsibility for the accuracy of the information. Extreme Networks may change its release schedules, programs, product specifications, or definitions mentioned in the document at any time without notice. Any reference to non-Extreme Networks products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. San Jose, California 95119 Phone/+1408.579.2800 Toll-free/+1 888.257.3000 www.extremenetworks.com ©2019 Extreme Networks, Inc. All rights reserved. Extreme Networks and the Extreme Networks logo are trademarks or registered trademarks of Extreme Networks, Inc. in the United States and/or other countries. All other names are the property of their respective owners. For additional information on Extreme Networks Trademarks,visit www.extremenetworks.com/co�,�mi)an /le al/trademarks/. Specifications and product availability are subject to change without notice. Attachment D Pae 9 of 471 Page 83 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Introduction This document provides Extreme Networks End of Life Policy for Software and Hardware products. WARRANTY: Extreme Networks offers firmware, operating system software, and application software products, with various warranties included in the software purchase price. Please refer to specific product literature for warranty details. SERVICES: Extreme Networks also offers various services at additional cost. Refer to the Services Solutions web page for details: mmm�mmm4m mm4m4m; 4 tmm � mm:m� �mtm. Only products which are covered by an appropriate warranty or a valid service contract are eligible for software updates or upgrades, and technical support,per the specific terms of the warranty or service contract. Product End of Life: Overview The Extreme Networks Product End of Life Overview is described in this document, which is intended to help customer plan and manage the End of Life process for Extreme products and assist the transition to alternative Extreme products and technology. The End of Life policy covers the period starting at the End of Sale Notification, and includes End of Sale (EOS), End of Software Maintenance (EOSM), and End of Services Life (EOSL). The End of Life Policy only applies to End of Sale announcements which are published on or after January 1, 2019. The Policy does not apply to product that is already subject to an End of Life and/or End of Sale announcement; for those products, the dates announced in the respective End of Sale Notifications will continue to apply. The general policy guidelines are defined below. Note that the exact End of Life schedule for a specific product will be defined in its End of Sale Notification, which may vary from the general guidelines below. The Support and End of Life Policy describes entitlements which are available for products which are covered by active support contracts. Customers will need to ensure that there is a current and fully paid support contract with Extreme. Please contact your Support Account Manager regarding fees payable during the end-of-life period to ensure access to entitlements described in the End of Life policy. For information regarding Extreme product warranties,please refer to Exhibit 1. End of Sale Notification Extreme will typically provide 6 months' notice of the affected product's End of Sale date. Attachment D Page 10 of 471 Page 84 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. This notice will be published to the Extreme Support website at k € ? i i ' 6.s 's�'fl l6.t"P6 1:i i➢i.0 .4'i➢3`l ?Ti➢ : 6.tPb " 32 f6�ari 'eri -Of:- 1p2:➢ri'i ?ii➢d L 1C t S�. Customers and Partners should check this site frequently to view any new Notifications, as well as any other information related to the End of Life process. The End of Sale Notification will define the End of Sale date, End of Software Maintenance date, and End of Services Life date for the products specified in the Notification. The dates defined in the End of Sale Notification will supersede the general policy guidelines defined in this document. End of Sale The product End of Sale (EOS) date is the last date that a product is available for sale through Extreme systems, while supplies last. Product availability is not guaranteed through the End of Sale date, and products will be provided while supplies last. End of Software Maintenance The End of Software Maintenance (EOSM) date is the last date that Extreme will release any maintenance or patch releases for a specific major software revision. During the Software Maintenance period, Extreme reserves the right to determine which defects will be fixed. Note that a software upgrade to a later release may be necessary to correct a reported problem. The table below defines the End of Software Maintenance period after End of Sale. Software I End of Software Maintenance(EOSM) (Note 1, Note 2) Applications 12 Months after End of Sale ........ ......... ......... ......... ......... WING OS 124 Months after End of Sale Extreme Wireless OS 24 Months after End of Sale EXOS OS 24 Months after End of Sale BOSS/ERS OS 24 Months after End of Sale VOSS/VSPOS24NMonths Nafter NEnd of Sale SLX, NOS, NI 36 Months after End of Sale Note 1: End of Software Maintenance policy applies to products after their EOS date Note 2: Products with End of Sale announcements published prior to 1/1/2019 should refer to the published End of Sale Notification for EOSM and EOSL dates. After EOSM for a period of 12 additional months Extreme may provide security/PSIRT patches for critical issues at its sole discretion. Attachment D Page 11 of 471 Page 85 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. End of Services Life The End of Service Life (EOSL) date is the last date to receive service and support for the product. After this date, all support services for the product are unavailable, and the product becomes obsolete and software and other product related information will be removed from the Extreme support website. Access to Extreme's Global Technical Assistance Center(GTAC) will be available for a period of 5 years from the End of Sale date for hardware and embedded operating system software issues and for a period of 3 years from the End of Sale date for application software issues. Note that a software upgrade to a later release may be necessary to correct a reported problem. Access to Software releases will be available for a period of 5 years from the End of Sale date for embedded Operating System software, and for a period of 3 years from the End of Sale date for application software. Following the EOSL date, software may be removed from the Extreme support website. Spares or replacement parts for hardware will be available for a period of 5 years from the End of Sale date. Extreme will replace the failed unit with either a new or previously used product which is equivalent to new in performance and reliability. Extreme may replace the failed unit with a product which is, in Extreme's sole opinion, equivalent to an original product that has been discontinued or is otherwise not available. Additional Information Additional information, access to previously published End of Sale Notifications, and other Policy documents are available from Extreme Networks Support at �1 ? iii ' -,.ll—Te 1Lie tP—el 1:i_1)EdCs.C-01"11—S I?`�:➢�1a`. Attachment D Page 12 of 471 Page 86 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 4 Terms of Support NOTICE TO ALL USERS: PLEASE READ THESE TERMS OF SUPPORT (THE "AGREEMENT") CAREFULLY. EXTREME RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE BUT WILL POST THE REVISED AGREEMENT ON EXTREME'S WEBSITE. YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH REVISIONS CONSTITUTES YOUR ACCEPTANCE OF THE NEW AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT OR ANY FUTURE REVISED AGREEMENT, DO NOT USE OR CONTINUE TO USE THE SERVICES. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE EXTREME WEBSITE TO DETERMINE IF THERE HAVE BEEN ANY CHANGES TO THIS AGREEMENT AND TO REVIEW SUCH CHANGES. Extreme Networks, Inc. ("Extreme") agrees to provide the ExtremeWorks Support Program and related Support Plans to You pursuant to the following terms and conditions. If You do not accept these terms, do not purchase or use the ExtremeWorks Support Program or related Support Plans. 1. Definitions.In addition to the terms defined elsewhere in this Agreement,the following terms have the following meanings: 1.1 "Authorized Resellers" means those companies (a) authorized by Extreme to resell, promote or deliver the ExtremeWorks Support Program to the marketplace, and (b) through which Company has purchased the ExtremeWorks Support Program. 1.2 "Customer" or You" means a purchaser of the Services who acquires such Services for ordinary business usage and not for purposes of further distribution or resale. 1.3 "Customer Documentation" means Product documentation, Product specifications and other related materials. 1.4 "Customer Personal Data"means all personal data(as defined in the Data Protection Law)which is processed by Extreme on Your behalf, or on behalf of an End User, in connection with the Services. 1.5 "Data Protection Law" means all applicable laws relating to data protection and privacy including (without limitation) the EU Data Protection Directive (95/46/EC) as implemented in each jurisdiction, the EU General Data Protection Regulation (2016/679), the EU Privacy and Electronic Communications Directive 2002/58/EC, Attachment D Page 13 of 471 Page 87 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. as implemented in each jurisdiction, and any amending or replacement legislation from time to time. 1.6 "Defect" means a failure of any Product to operate in accordance with Extreme's technical specifications as set forth in the End User Documentation. 1.7 "Intellectual Property Rights" means any and all current and future (i) rights associated with works of authorship; including but not limited to copyrights, moral rights, and mask-work rights; (ii) patent rights, rights of priority, and design rights; (iii)trade secret rights, (iv)trademark rights (including service mark rights)and trade dress rights; (v) all other intellectual and industrial property rights of every kind and nature which may exist anywhere in the world, whether registered or unregistered; and(vi)any and all applications and registrations,renewals, extensions,provisionals, continuations, continuations-in-part, divisions, reissues or reexaminations of any of the foregoing. 1.8 "Price List" means Extreme's suggested retail price list applicable to the delivery location in effect at the time of order acceptance by Extreme, which price list is subject to revision from time to time in Extreme's sole discretion. 1.9 "Products"mean Extreme commercial networking products as identified in the Price List, including(i)hardware products with embedded Software, (ii) Software Products in object code form, (iii)End User Documentation, and(iv) other materials related to the foregoing, if any, supplied to You and/or the Company in a commercial package. 1.10 "Releases" mean Updates and Upgrades, collectively. No Alpha or Beta or non- production versions shall be considered Releases. 1.11 "Services Environment" refers to the combination of hardware and software components owned,licensed or managed by Extreme to which Extreme may establish a data communication link between You and Extreme, and from which Extreme may access Your Products, as part of, and in order to, provide the Services You have ordered. You may be required to provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 1.12 "Service Specification" means the Extreme document that sets forth the description of the Extreme service or solution-offering that You are purchasing. 1.13 "Services"mean the services provided by Extreme under the ExtremeWorks Support Program (or similar support arrangement), the Premier Services Program (PSP) Foundation Services, and Extreme Managed Services, or any other end user services provided Attachment D Page 14 of 471 Page 88 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. by Extreme under this Agreement in accordance with the applicable program guide, and as further described in the Service Specification. 1.14 "Software" or "Software Products" mean Extreme software products in object code form which are either sold separately or embedded into Extreme hardware products. Software Products are licensed to You and/or Company under the then-current software license terms for the Software Product in effect at the time of order acknowledgement by Extreme. 1.15 "Trademarks" mean "Extreme Networks" and the applicable Product trademarks as listed in Extreme's usage guidelines, subject to revision from time to time in Extreme's sole discretion. 1.16 "Update"means a new version of a Software Product that includes defect corrections, bug fixes and/or minor enhancements that operate within the framework of the specifications for the current Upgrade of the Software Product, but does not include substantive features or functions not performed by the prior Release of the Software Product. 1.17 "Upgrade" means a new version of a Software Product that includes substantive features or functions not performed by the prior Release of the Software Product. 1.18 "Your Content"means all text,files, images, graphics, illustrations, information, data (including Customer Personal Data as defined in this Agreement), audio, video, photographs and other content and material, in any format, provided by You or on behalf of any End User that reside in, or run on or through, the Service. 2. Services. The scope of the Services provided to Company hereunder is based on the support plan purchased by Company for each unit of the Product purchased. Service Descriptions of the available Extreme support plans, including Extreme's obligations and End User entitlements are set forth in Exhibit 7(together,the"Support Plans"). Certain on-site Services may not be available in some geographic regions or may require a"phase-in"period before they can be made available to Company. Extreme shall have the right to use subcontractors to perform all or part of the Service(s), as it deems appropriate. To be eligible for the PSP Foundation Service, Company must have Extreme equipment with current maintenance support entitlements. Future Services are deemed added to this Agreement at such time as they are added to the Price List, unless otherwise specified by Extreme in writing. Extreme has the right to discontinue the distribution or availability of any Service at any time upon sixty (60) days' prior notice to Company by email,notification on Extreme's website, or any other method permitted under this Agreement. In accordance with the Support Plan purchased for the applicable Product, the Services may include the following: Attachment D Page 15 of 471 Page 89 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 2.1 Releases. Extreme or its authorized representatives will make available to Company all Releases made generally available by Extreme only for Products for which Company has an active contract for Services. The content of all Releases shall be decided upon by Extreme in its sole discretion. Updates for Products for which Company has an active contract for Services shall be provided to Company at no additional charge during the term of this Agreement. Extreme shall impose additional charges for Upgrades. Company shall install only one (1) copy of a Release for each Product under an active contract for Services, and Company is prohibited from installing Releases on any Product which is not covered under an active contract for Services. 2.2 Corrections. Extreme shall use commercially reasonable efforts to provide a correction or workaround for any reported and reproducible Defect in any Product for which Services have been purchased with a level of effort commensurate with the severity level; provided that Extreme shall have no obligation to correct all Defects in the Products. Company shall notify Extreme TAC of the nature and severity of such Defect and the specific serial number of the applicable Product, and provide Extreme with enough information to locate and reproduce the Defect. Extreme shall not be responsible for correcting any Defect not attributable to Products or any Defect listed under Section 3 ("Exclusions"). 3. Exclusions. The Services provided by Extreme hereunder will not include support and maintenance of any third-party software or hardware not provided by Extreme. Extreme is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident,natural disasters,terrorism, negligence, or misuse of the Products (such as, without limitation, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or (v) certain components, including but not limited to the following: spare fan trays,blank panels, cables, cable kits, rack mount kits, brackets, antennas, GBICs and miniGBICs. Extreme shall only be obligated to support the then-current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at Extreme's then-current rates for special technical services and on Extreme's then-current terms and conditions for such services, subject to acceptance by Extreme at its sole discretion. 4. Company Obligations. 4.1 Company Assistance. Company agrees to provide Extreme with reasonable access to the Products for which problems are reported and all back-ups and Company information services, technical personnel, facilities, and premises as required in connection with the performance of the Services. To efficiently resolve problems and Attachment D Page 16 of 471 Page 90 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. perform local hardware diagnostics, Company shall provide modem level access for all Company sites. Company may provide passwords and/or activate the modem when needed. Company shall be responsible for any and all cables, hardware or software not provided by Extreme. Company's failure to provide such access or information may delay the Services and/or result in Extreme's inability to perform the Services; in such cases, Extreme shall not be liable for any consequences relating to or resulting from such delay or failure to perform. 4.2 Contact People. Company shall appoint at least two (2) individuals who have been trained and are knowledgeable on Extreme products within Company's organization to serve as the primary contacts between Company and Extreme and to receive support as provided herein. Company shall provide and shall update as appropriate contact information for the primary contacts, including address, phone number and email address. All of Company's support inquiries shall be initiated through these primary contacts. 4.3 Restrictions on Copying and Reverse Engineering. As a material consideration for this Agreement, Company expressly agrees not to translate, disassemble, reverse compile or reverse engineer the Products, including the Software Products, in whole or in part, except to the extent such prohibition is restricted by applicable law. Company will not copy, modify, create derivative works, rent, lease, loan or use for timesharing or service bureau purposes any Products, including Software Products, in whole or in part without the prior written approval of Extreme, which approval may be withheld in Extreme's sole discretion. 4.4 No Removal of Markings. Company agrees to comply with all legends that appear on or in the Products and not to remove or destroy any patent,copyright,logo,trademark, trade name, proprietary marking, or confidentiality legend placed upon or contained within Products, containers or End User Documentation supplied by Extreme. 5. Ordering and Payment Terms. 5.1 Orders. 5.1.1 The terms and conditions of this Agreement will apply to any and all purchase orders submitted by Company and will supersede any different or additional terms on Company's purchase orders. 5.1.2 Each purchase order must be acknowledged and accepted by Extreme in writing prior to Extreme incurring any obligation under such purchase order. Extreme reserves the right to reject any order. Attachment D Page 17 of 471 Page 91 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 5.1.3 In countries where Services are available from Extreme, Company may purchase a Support Plan set forth on Extreme's then-current Price List by submitting an order for such Support Plan either at the time of the purchase of the Product to which it relates or at any time thereafter, subject to Section 5.2 ("Reinstatement and Inspection"), Section 6 ("Support for End of Life") and Extreme's acceptance of such order at its sole discretion. Company shall be responsible for any other travel and living expenses incurred in connection with the Services or on-site Service calls that are not expressly included in Company's applicable Support Plan. 5.1.4 Each order of one Support Plan is only valid for a single unit or units of the Product for which Service is purchased and paid for. All orders for Services must include the location where the Services will be provided,the Support Plan being purchased and the model number and serial number of the Product to be supported or such information must be provided to Extreme in writing promptly following the purchase of the Services. Extreme will not be obligated to provide Services for a Product unless Extreme has received such information. 5.1.5 All orders for Services placed with Extreme will be non-cancelable, and all support fees and training fees, if applicable, paid to Extreme shall be non- refundable. 5.2 Reinstatement and Inspection. If Services are not ordered concurrently with any Product orders or are not promptly renewed each year, Extreme may, at its option, commence such Services upon payment of the applicable support fee and a reinstatement fee. If a Product is purchased in used condition, Extreme may, at its option, inspect the Product and commence Services for such Product upon payment of the applicable support fee, a reinstatement fee and Extreme's inspection fee. 6. Support for End of Life. 6.1 Product End of Life. In the event Extreme discontinues or otherwise ceases to make available to its customers a particular Product model number, Extreme will continue to offer Services for such Product in accordance with its then-current End of Life Policy (attached as Exhibit 3). The Services shall remain in effect with respect to other Products, if any, then covered. 6.2 Support Plan End of Life. Extreme reserves the right to discontinue any Support Plan in its sole discretion upon sixty (60) days' notice,by email,notification on Extreme's website, or any other method permitted under this Agreement,to Company;however, Extreme will continue to provide services under such discontinued Support Plan through the end of any prepaid support period so long as You and/or the Company is not in breach of any of its obligations under this Agreement. Attachment D Page 18 of 471 Page 92 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 7. Records and Audit. Company agrees to maintain complete, clear and accurate records relating to its activities under this Agreement, including,without limitation, its inventory and sales of each Product and Service (including reseller and end user information) (the "Records"), and retain such Records for such time period as may be required by law and commercially reasonable prudent practices, but not less than two (2) years. Such Records will be maintained in accordance with standard business practices and Generally Accepted Accounting Principles. Company will permit Extreme, or persons designated by Extreme, at Extreme's cost, to audit the Records to ensure compliance by Company with its obligations to Extreme. Any such audit shall be conducted during regular business hours and in such a manner as to not unduly interfere with normal business activities of Company. If the audit reveals an underpayment of amounts owed to Extreme, Company will promptly pay any such shortfall, and if such underpayment is more than 5% for the audited period, Company will further pay, or reimburse Extreme for, the cost of the audit, including professional fees. 8. Return Process. If Company is returning a Product to Extreme, Company must first obtain a Return Material Authorization ("RMA") number from Extreme. Company must return the entire contents of the defective Product and dated End User proof of purchase for the defective Product, if requested by Extreme, marked with the RMA number, to a receiving point designated by Extreme. Shipping cartons that are not marked with RMA numbers will be rejected by Extreme and returned to Company via collect freight. Extreme will pay the transportation charges (excluding taxes, duties and customs) in accordance with the Support Plan purchased for such Product. Notwithstanding the foregoing, Company retains sole responsibility for risk of loss or damage to Products during shipment to and from Extreme. Products returned to Extreme may be repaired or replaced by Extreme at Extreme's sole discretion. Replacement Products may be new or refurbished Products. In the event that Extreme evaluates and determines there is "no trouble found" in greater than twenty-five percent(25%) of the Products or parts returned in a ninety (90) day period, Extreme reserves the right to charge Company a service charge of twenty percent(20%) of the List Price per unit. 9. Ownership of Intellectual Property Rights; License; Non-Disclosure. 9.1 Intellectual Property Rights. You and Company acknowledge that the Products are proprietary to Extreme and its suppliers, and that Extreme and its suppliers retain exclusive ownership of all Intellectual Property Rights in and to the Products, including in and to any Software Products and Trademarks. You and Company will take all reasonable measures to protect Extreme's Intellectual Property Rights in any Product. Except as expressly provided herein, Company is not granted any right to any Intellectual Property Rights with respect to any Product. Attachment D Page 19 of 471 Page 93 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 9.2 License. All Releases provided under the Services are licensed subject to the terms and conditions of the then-current Software license agreement for such Software Product in effect at the time the Release is provided. 9.3 Non-Disclosure. You and/or the Company may be exposed to certain confidential information of Extreme including but not limited to information concerning the business,technology, and customers of Extreme,which You and/or Company knows or should know is Extreme's confidential and proprietary information (herein "Confidential Information"). You and/or Company agrees that while this Agreement is in effect and for a period of three (3) years thereafter, You/it will not: (i) use the Confidential Information for any purpose other than to perform under this Agreement; or (ii) disclose to any third party any Confidential Information without the prior written consent of Extreme. Company may disclose Confidential Information only to its employees or contractors on a need to know basis and as is reasonably necessary to allow the party to perform under this Agreement; provided that each such employee or contractor is under a written obligation of nondisclosure which protects the Confidential Information under terms at least as stringent as these terms. This Section will not apply to Confidential Information after such information is made public by Extreme.If any Confidential Information is required to be disclosed by Company as a matter of law or by order of a court or other legal process, Company will promptly notify Extreme of such obligation to disclose and reasonably assist Extreme in obtaining a protective order or otherwise limiting such disclosure. 10. Warranty. All Updates provided hereunder are warranted for the remaining warranty period of the original Software Product, if any, as specified in the warranty card which shipped with the original Software Product. All Upgrades are warranted as set forth in the warranty card for such Upgrade. Replacement Products provided under the Services are warranted for the remaining warranty period of the original Product, if any, as specified in the warranty card which shipped with the original Product. Nothing in the Services shall be construed as expanding or adding to the warranty set forth on the warranty card. Extreme will use all reasonable commercial efforts to provide the support requested by You and/or Company under this Agreement in a professional and workmanlike manner. In the event that Extreme fails to meet this warranty, Extreme may reperform the Services, but Extreme cannot guarantee that every question or problem raised by You or the Company will be resolved. EXTREME WARRANTS THE SERVICES ONLY TO YOU AND/OR COMPANY PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. EXCEPT AS SET FORTH ABOVE, EXTREME MAKES, AND YOU AND/OR COMPANY RECEIVE, NO OTHER WARRANTIES OF ANY KIND. EXTREME EXPRESSLY DISCLAIMS ALL WARRANTIES,TERMS AND CONDITIONS,WHETHER EXPRESS, IMPLIED (in fact or by operation of law), STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, TERM OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, ABSENCE OF HIDDEN Attachment D Page 20 of 471 Page 94 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. DEFECTS, ANY WARRANTY OF NON-INFRINGEMENT, AND ANY WARRANTY, TERM OR CONDITION THAT MAY ARISE BY REASON OF USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR COURSE OF PERFORMANCE. 11. Term and Termination. 11.1 Services Term. The Services start date shall be determined as follows: (a) for the initial purchase of Service, the Service start date shall be the original shipment date of the covered Product from Extreme, and (b) for Service renewals, the Service start date shall be the date on which the prior Service period ended. Company shall be responsible for the Service Fees from such Service start date. The Service end date will be 12 months from the Service start date, unless otherwise specified in writing by Extreme.Unless Company or Extreme provides notice at least sixty(60)days prior to the end of the Support Plan term of its intent not to renew the Support Plan, the Support Plan term will automatically renew for one(1)year subject to payment being received by Extreme for such Support Plan. If Company fails to pay the annual Support Plan fees in accordance with Extreme's invoice, the applicable ExtremeWorks Support Plan will automatically terminate without notice. 11.2 Agreement Term. All Releases provided under the Services are licensed subject to the terms and conditions of the then-current Software license agreement for such Software Product in effect at the time the Release is provided. 11.3 Termination. This Agreement shall be terminated immediately upon the expiration of all prepaid support periods for the Support Plans purchased by You and/or Company. This Agreement may also be terminated by Extreme (i) for its convenience, upon sixty(60)days'prior written notice to the Company;provided,however,that Extreme will continue to provide Services during any prepaid support period so long as this Agreement was not terminated for Your or Company's breach, (ii) immediately upon written notice to Company, if Company breaches or violates any provision of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), and 9 ("Ownership of Intellectual Property Rights; License; Non-Disclosure"); (iii) immediately upon written notice to Company, if Company fails to perform or otherwise defaults in any of its obligations (other than those covered by Section 11.3(ii)above)under this Agreement and fails to cure such failure or default within thirty (30) days after written notice thereof, or (iv) , immediately upon written notice to the Company, if the Company is insolvent or makes any arrangement with its creditors generally, or has a receiver appointed for all or a substantial part of its business or properties, or an insolvency, bankruptcy or similar proceeding is brought by or against Company and involving Company as debtor, and if brought against Company is not dismissed within sixty (60) days from its institution, or if Company goes into liquidation or otherwise ceases to function as a going concern. Attachment D Page 21 of 471 Page 95 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 11.4 Effect of Termination. Upon the expiration or termination of this Agreement for whatever reason, You and/or Company shall no longer be entitled to receive Services from Extreme pursuant to this Agreement, all support fees and training fees paid prior to the effective date of termination shall be nonrefundable, and Extreme will no longer have any obligation to provide Services to You and/or Company for the Products pursuant to this Agreement. In addition, Extreme will be entitled to reject all or part of any orders received from Company after notice but prior to the effective date of termination. By thirty (30) days from the effective date of termination, Company will return or destroy all copies of the Confidential Information. At the request of Extreme, the president or the equivalent officer of Company will certify in writing that Company has complied with its obligations hereunder. 11.5 Survival of Terms. The following Sections will survive any expiration or termination of this Agreement for whatever reason: Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), 6 ("Support for End of Life"), 7 ("Records and Audit"), 8 ("Return Process"), 9 ("Ownership of Intellectual Property Rights; License; Non-Disclosure"), , 11.4 ("Effect of Termination"), 11.5 ("Survival of Terms"), 12 ("No Consequential Damages"), 13 ("Limitation on Liability"),14 ("Data Protection"). 12. No Consequential Damages. Except in case of bodily injury or death where, and then only to the extent that, applicable law requires such liability, UNDER NO CIRCUMSTANCES WILL EXTREME BE LIABLE FOR(i)ANY LOST PROFITS (even if they arise as a direct or immediate consequence of the event that generated the damages), OR(ii)ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS, LOST REVENUE OR LOST SAVINGS, LOSS OF USE, LOSS OR DAMAGE TO DATA OR GOODS OR INTERRUPTION OF BUSINESS,IN EACH CASE HOWEVER CAUSED, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF EXTREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED HEREIN.IN NO EVENT WILL EXTREME BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. 13. Limitation on Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT IN CASE OF BODILY INJURY OR DEATH WHERE, AND THEN ONLY TO THE EXTENT THAT, APPLICABLE LAW REQUIRES SUCH LIABILITY, EXTREME'S AGGREGATE LIABILITY FROM OR IN RELATION TO THIS AGREEMENT AND THE SERVICES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL Attachment D Page 22 of 471 Page 96 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AMOUNT PAID BY COMPANY TO EXTREME FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE MOST RECENT FULL CALENDAR YEAR PRECEDING COMPANY'S INITIAL NOTICE OF ANY CLAIM OR POTENTIAL CLAIM HEREUNDER. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE. 14. Data Protection. 14.1 Subject to Section 14.2, in performing the Services, Extreme will comply with industry standard privacy requirements as may further be defined within the Extreme Networks Privacy and Cookies Policy attached as Exhibit 5 and incorporated herein by reference.Extreme's Privacy and Cookies Policy is subject to change at Extreme's discretion; however, Extreme policy changes will not result in a material reduction in the level of protection provided for Customer Personal Data provided during the term Your order. 14.2 This Section 14.2 shall apply where Extreme's processing of personal data in connection with this Agreement is subject to Data Protection Law. In the event of a conflict between Section 14.1 and Section 14.2, this Section 14.2 shall apply. You have appointed Extreme to process Personal Data on Your behalf as is necessary to provide the Services and in accordance with such other written instructions as You may issue from time to time. The parties' respective obligations for the processing and control of Customer Personal Data are set out in Annex 1 — Processing of Customer Personal Data, attached as Exhibit 6 which is incorporated herein by reference. 14.3 The Service Specifications applicable to Your order define the administrative, physical, technical and other safeguards applied to Your Content residing in the Services Environment, and describe other aspects of system management applicable to the Services. You are responsible for the introduction of any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content and Your Applications, including any viruses, Trojan horses,worms or other programming routines contained in Your Content or Your Applications that could limit or harm the functionality of a computer or that could damage, intercept or expropriate data. 14.4 You may not provide Extreme access to health, payment card or similarly sensitive personal information that imposes specific data security obligations for the processing of such data unless explicitly agreed between the parties. If available, You may purchase Services from Extreme designed to address particular data protection requirements applicable to Your business or Your Content. Attachment D Page 23 of 471 Page 97 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15 Miscellaneous. 15.1 Notices. Any notices permitted or required under this Agreement will be in writing and will be deemed given when delivered in person, by overnight courier upon written verification of receipt, by confirmed facsimile, or by certified or registered mail, return receipt requested, five (5) days after deposit in the mail. Either parry may change its address by giving written notice of such change in the manner provided. Notices to Extreme shall be sent to: Extreme Networks, Inc., 6480 Via del Oro, San Jose, California 95119, Attention: Legal Department, Fax: (408) 579-3000. 15.2 Assignment. This Agreement may not be assigned by Company by operation of law or otherwise without the prior written approval of Extreme. Extreme's rights and obligations, in whole or in part, under this Agreement may be assigned or delegated by Extreme to any affiliated company or subsidiary or in connection with a merger, reorganization, consolidation or sale of all or substantially all of Extreme's assets. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. 15.3 Waiver; Severability. The waiver by either parry of a breach of any provisions contained herein shall be in writing and shall in no way be construed as a waiver of any succeeding breach of such provision or the waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions. 15.4 Injunctive Relief. It is expressly agreed that a violation of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"),4.4 ("No Removal of Markings"), or 9 ("Ownership of Intellectual Property Rights; License; Non-Disclosure") of this Agreement could cause irreparable harm to Extreme and that a remedy at law could be inadequate. Therefore, in addition to any and all remedies available at law, Extreme will be entitled to seek injunctive relief or other equitable remedies in the event of any threatened or actual violation of any or all of the provisions hereof. 15.5 Controlling Law; Venue. This Agreement shall be governed in all respects exclusively by the laws of the State of California and the United States of America without regard to conflicts of law principles. The United Nations Convention on the International Sale of Goods is hereby expressly excluded from application to this Agreement. All disputes arising under this Agreement shall be brought in Superior Court of the State of California in Santa Clara County or the Federal District Court of San Jose, as permitted by law, and Company consents to personal jurisdiction in such courts. Attachment D Page 24 of 471 Page 98 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15.6 Timing of Disputes. All disagreements or controversies of any kind whether claimed in tort, contract or otherwise concerning this Agreement shall be brought within one (1)year after the occurrence of the event giving rise to the disagreement or controversy. 15.7 No Agency. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. 15.8 Export. Company acknowledges that it must comply with all applicable laws and regulations of the United States that may restrict the export, re-export, or transshipment of certain commodities and technical information, including the Products, the Services and technical information relating thereto, in any medium. Company will obtain and maintain all approvals and licenses, including export licenses, permits and authorizations, from the appropriate governmental authorities as may be required to enable Company to fulfill its obligations under this Agreement and shall comply with all applicable laws, rules, policies and procedures of the United States government. Company acknowledges that, unless prior written authorization is obtained from the relevant authorities in the United States, it will not export, re-export, or transship, directly or indirectly, any Products, Services or technical information relating thereto, in any medium,that would be in contravention to any applicable laws and regulations of the United States then in effect. Company shall indemnify and hold harmless Extreme for any violation or alleged violation by Company of such laws or regulations. Company's obligations pursuant to this Section shall survive and continue after any termination of rights under this Agreement. 15.9 Force Majeure. Neither party will have the right to claim damages if this Agreement is terminated as a result of the other party's failure or delay in performance due to circumstances beyond its reasonable control (except for obligations relating to fees payable under this Agreement), including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, components,raw materials or supplies,war, riot, insurrection, epidemic, natural disasters, governmental action or terrorism. 15.10 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes, and its terms govern, all prior and all contemporaneous proposals, negotiations, commitments, understandings, agreements or other communications between the parties, oral or written, regarding such subject matter, including any prior click through agreements. Attachment D Page 25 of 471 Page 99 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 5 Privacy and Cookies Policy This Privacy and Cookies Policy ("Policy") applies to the websites operated by Extreme Networks, Inc. ("we" or"us" or"our"), accessible via our global and regional websites and any mobile applications or other online and/or mobile applications or websites operated by us that are related to us (collectively, the "Website"). This Policy (together with our Terms of Sale and any other documents referred to in this Policy or those documents) sets out how we may or will use any personal information that you provide through our Website. Please read it carefully before you proceed. By visiting our Website, and/or using the services offered on or through our Website,you acknowledge you have read and understood the terms of this Policy (as amended from time to time). 1. INFORMATION WE MAY COLLECT FROM YOU 1.1 We may collect and process the following data about you: 1.1.1 Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, signing up for our newsletter, registering for a seminar or requesting further services. Such information may include, for example, your name, home and/or business address, email address, telephone number, demographic information such as age, and/or other information that may identify you as an individual. We may also ask you for information when you enter a competition or promotion sponsored by us, sign-up for email newsletters, and when you report a problem with our Website. You can choose not to provide us with some of this information, but doing so may affect your ability to use our Website and our services. 1.1.2 If you contact us, we may keep a record of that correspondence. 1.1.3 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. 1.1.4 Subject to your expressed marketing preferences, to send you marketing information about goods and services that may be of interest to you by post, telephone, email or other means. You have the right to "opt in" and "opt out" of certain uses of your personal information for these purposes. 1.1.5 Details of your visits to our Websites and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise. Attachment D Page 26 of 471 Page 100 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 1.1.6 Information we may receive about you if you use any of the other websites we operate or the other services we provide. We work closely with third parties (including, for example, business partners, sub-contractors in technical,payment and delivery services, advertising networks, analytics providers, and search information providers) and we will notify you when we receive information about you from them and the purposes for which we intend to use that information. 2. HOW WE USE YOUR INFORMATION 2.1 We use information provided by you and/or held about you (including your personal information) in the following ways: 2.1.1 To ensure that content from our Website is presented in the most effective manner for you and for your computer. 2.1.2 For any specific purpose for which it was provided or volunteered. 2.1.3 To perform analysis and research in relation to transactions, including analyzing our users' demographics, interests, browsing and viewing preferences. The legal basis for these purposes will typically be that the processing is necessary for our legitimate interests, including to ensure our products and services are properly provided, to promote our products and services, and to provide you with information on our products and services. 2.1.4 To carry out our obligations arising from any contracts or transactions entered or contemplated to be entered into between you and us, or to provide you with the Website and any services requested by you. 2.1.5 To notify you about changes to our service. The legal basis for these purposes will typically be that the processing is necessary to fulfil a contract that we have in place with you. 2.1.6 To develop, market, sell or provide products and services. 2.1.7 To send you information about our or our business partners' products or services. Sometimes, where you have shown interest in a particular product, our business partners may contact you directly. 2.1.8 To send you notices (for example, in the form of e-mails, SMS, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you, where you have consented to be contacted for such purposes. Attachment D Page 27 of 471 Page 101 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. The legal basis for these purposes will typically be that we have your consent to our use of your personal information. 3. WHERE WE STORE YOUR INFORMATION 3.1 The data that we collect from you may be transferred to, stored at, or processed from a location outside the jurisdiction in which you reside. This means it may be transferred to countries that do not offer the same level of legal protection as exists in your country of residence. Whenever we transfer your information outside of your country of residence, we will take steps to ensure that adequate safeguards are in place to make sure it is treated securely and in accordance with this Policy. You may contact us for a copy of the safeguards that we have put in place. 4. SERVICE PROVIDERS 4.1 We may use third-parry partners, carefully selected by us,to help operate our Website and deliver our products and services, and may share your information with our service providers and other third parties that provide products or services for or through this Website or for our business (such as website or database hosting companies, address list hosting companies, e-mail service providers, research, analytics and customer experience and survey companies, distribution companies and resellers, fulfilment companies, marketing and promotional companies, and other similar service providers that use such information on our behalf). 4.2 We may disclose statistics regarding user behavior to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. 5. DISCLOSURE OF YOUR INFORMATION 5.1 We may disclose your personal information to any member of the Extreme Networks group, which means Extreme Networks, Inc. and our direct and indirect subsidiaries. 5.2 We may also use your personal information to maintain our internal record keeping and/or share it with our affiliates for internal marketing or other purposes. 5.3 We may disclose your personal information to third parties: 5.3.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets. 5.3.2 If Extreme, or substantially all of our assets, are acquired by a third parry, in which case personal information held by us about our customers will be one of the transferred assets. 5.3.3 If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Sales and other agreements; or to Attachment D Page 28 of 471 Page 102 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. protect the rights,property, or safety of Extreme, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 5.3.4 We may disclose user information to government authorities, and to other third parties, when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of our Website, or anyone else that could be harmed by such activities. Additionally,we cooperate with law enforcement inquiries and other third parties to enforce laws, intellectual property rights, and other rights. 6. RETENTION 6.1 Your personal information will be retained for as long as is reasonably necessary for the purposes listed above or as required by applicable local law. Please contact us for further details of applicable retention periods. 6.2 We may keep an anonymized form of your personal information, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so. 7. IP ADDRESSES AND COOKIES 7.1 We may collect information about your computer, mobile phone,personal electronic device, and all other similar electronic or mobile devices, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not show personal details that identify you. 7.2 For the same reason, we may obtain information about your general internet usage by using a cookie file that is stored on the hard drive of your computer. Cookies are small pieces of information (e.g., cookies, web beacons,pixels, gifs tags or other similar technologies) sent by a web server to a web browser that allow the web server to recognize the web browser. This operates as a piece of data stored on your browser or device, or may identify, compile, aggregate and/or collect information through other means. They help us to improve our Website and to deliver a better and more personalized service. They enable us: 7.2.1 To estimate our audience size and usage pattern. 7.2.2 To store information about your preferences, and so allow us to customize our Website according to your individual interests. 7.2.3 To speed up your searches. Attachment D Page 29 of 471 Page 103 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 7.2.4 To recognize you when you return to our Website. 7.3 You can control how your browser handles cookies received from our Website. You can choose to refuse all cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept cookies from certain selected websites that you designate. Information on deleting or controlling cookies is available at www.AboutCookies.org. By refusing to accept cookies from us, you may not be able to use some of the features and functionality available on our Website. 8. ADVERTISING AND ONLINE TRACKING 8.1 We may allow third-party companies to serve ads and collect certain information when you visit the Website. These companies may use certain information (e.g. click stream information, web browser type,time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third-party clear gif/web beacon to collect this information. Our systems do not recognize browser"Do Not Track" signals, but several of our service providers who utilize these cookies or web beacons on our Website enable you to opt out of targeted advertising practices. To learn more about these advertising practices or to opt out of this type of advertising,you can visit www.networkadvertising.org or www.aboutads.info/choices. 9. YOUR RIGHTS 9.1 You may have the right to request access to, and rectification or erasure of, the personal information Extreme holds about you. You may also have the right to object to or restrict certain types of processing of your personal information and can request to receive a machine-readable copy of the personal information you have provided to Extreme. 9.2 Extreme will assess any request to exercise one of these rights on a case by case basis. There may be circumstances in which we are not legally required to comply with your request because of relevant legal exemptions provided for in data protection legislation. 9.3 Please note that by continuing to use our services or the Website, and by providing any personal information to us offline or via the Website or email addresses provided on the Website, you are consenting to our use of your personal information as set out in this Privacy and Cookies Policy. Please do not provide us any personal information if you do not want that information to be used by us in this manner. 10. CHANGES TO THIS POLICY 10.1 This Policy may be amended by us at any time. Please check this page periodically to inform yourself of any changes. It was last amended in May 2018. 11. HOW TO CONTACT US Attachment D Page 30 of 471 Page 104 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 11.1 If you have any questions, need further information about our privacy practices, or would like to let us know that your details require updating,please contact us at privacyinguiries ,eXtremenetworks.com. 11.2 You may also have the right to complain to a data protection authority if you think we have processed your personal information in a manner that is unlawful or breaches your rights. If you have such concerns, we request that you initially contact us (at the email address provided above) so that we can investigate, and hopefully resolve,your concerns. LAST UPDATED: MAY 2018 Attachment D Page 31 of 471 Page 105 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 6 Annex 1 — Processing of Customer Personal Data 1. You warrant that You are the data controller in respect of the Personal Data, or that You are authorized by the data controller to issue instructions to Extreme under this Agreement in respect of such data. 2. You shall comply with Your obligations under the Data Protection Law in respect of the Personal Data(including Your provision to, or making it available for collection by,Extreme), and shall ensure that Your instructions to Extreme do not result in processing in breach of the Data Protection Law. The categories of Customer Personal Data to be processed by Extreme and the processing activities to be performed under this Annex are set out in the relevant Service Specifications. 3. Subject at all times to Your obligations under the Agreement, Extreme undertakes to: a) only process Customer Personal Data in accordance with Your documented instructions, unless required to do otherwise by applicable law. In which event, Extreme shall inform You of the legal requirement before processing Customer Personal Data other than in accordance with Your instructions,unless that same law prohibits Extreme from doing so on important grounds of public interest; b) implement appropriate technical and organizational measures to protect any Customer Personal Data processed by it against unauthorized and unlawful processing and against accidental loss, destruction, disclosure, damage or alteration; c) ensure those of Extreme's personnel who are involved in processing the Customer Personal Data are bound by appropriate obligations of confidentiality; d) inform the Customer promptly,and in any event within seven(7)days,if Extreme receives (i) a request from a data subject to have access to his/her Customer Personal Data; or (ii) a complaint or request relating to Your obligations under the Data Protection Law; e) taking into account the nature of the processing and the information available to You, provide You with reasonable assistance in ensuring compliance with Your obligations under the Data Protection Law in relation to security, data breach notification, data protection impact assessments, prior consultation, audits and inspections, where applicable from time to time; f) make available to You (or Your third party appointees bound by appropriate obligations of confidentiality)such records as You may reasonably require to demonstrate compliance by Extreme with Your obligations; and g) within fourteen (14) days following termination of the Agreement, Extreme shall, at Your direction: (i) return all Customer Personal Data to You; or (ii) destroy all such Customer Personal Data unless prohibited from doing so by any applicable law. Attachment D Page 32 of 471 Page 106 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 4. Subject to any provisions of the Agreement to the contrary,Extreme shall not appoint any third party to process the Customer Personal Data("Subprocessor") other than: (a)with Your prior consent; and (b) by way of a written agreement with the Subprocessor which imposes equivalent obligations in relation to the security of the processing on the Subprocessor as are imposed on Extreme under this Annex. You warrant that You generally consent to Extreme appointing a Subprocessor, provided that Extreme informs You of any intended changes concerning the addition or replacement of other Subprocessors, and gives You an opportunity to object to such changes on reasonable grounds. 5. You hereby consent to the Customer Personal Data being processed anywhere in the world throughout the duration of this Agreement, subject to Extreme's continued compliance with this Section 5. However, to the extent that any Customer Personal Data to which the Data Protection Law of the European Economic Area(EEA) applies is processed outside the EEA, the terms of the transfer shall be governed by the EU Standard Contractual Clauses for the transfer of Customer Personal Data to processors attached as the Schedule to this Agreement, which are hereby incorporated into this Agreement and which shall prevail to the extent of any conflict with this Agreement. Schedule: Standard Contractual Clauses For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: ........................................................................ Address: ................................................................................................................... Tel. ........................................fax ....................................; e-mail: ......................................... Other information needed to identify the organisation .............................................................................................. ............................................................................................. ............................................................................................. (the data exporter) And Name of the data importing organisation: ........................................................................ Address: ......................................................................................................... ......... Tel. ........................................: fax ....................................; e- mail: ....................................... - mail: ....................................... Attachment D Page 33 of 471 Page 107 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Other information needed to identify the organisation: ............................................................................................. ............................................................................................. ............................................................................................. (the data importer) each a `parry'; together `the parties', HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1. Clause 1 Definitions For the purposes of the Clauses: (a) `personal data', `special categories of data', `process/processing', `controller', `processor', `data subject' and `supervisory authority' shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data-('I; (b) `the data exporter' means the controller who transfers the personal data; (c)`the data importer' means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country's system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC; (d)`the sub-processor' means any processor engaged by the data importer or by any other sub- processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract; (e)`the applicable data protection law' means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established; (f) `technical and organizational security measures' means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, Attachment D Page 34 of 471 Page 108 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. Clause 2 Details of the transfer The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses. Clause 3 Third-party beneficiary clause 1. The data subject can enforce against the data exporter this Clause, Clause 4(b)to (i), Clause 5(a)to (e), and (g) to 0), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third- party beneficiary. 2. The data subject can enforce against the data importer this Clause, Clause 5(a)to(e) and(g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. 3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses. 4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law. Clause 4 Obligations of the data exporter The data exporter agrees and warrants: (a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection Attachment D Page 35 of 471 Page 109 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established)and does not violate the relevant provisions of that State; (b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter's behalf and in accordance with the applicable data protection law and the Clauses; (c) that the data importer will provide sufficient guarantees in respect of the technical and organizational security measures specified in Appendix 2 to this contract; (d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration,unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation; (e) that it will ensure compliance with the security measures; (f)that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC; (g) to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension; (h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses,unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information; (i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and 0) that it will ensure compliance with Clause 4(a)to (i). Clause 5 Obligations of the data importer The data importer agrees and warrants: (a)to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract; (b)that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the Attachment D Page 36 of 471 Page 110 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract; (c)that it has implemented the technical and organizational security measures specified in Appendix 2 before processing the personal data transferred; (d)that it will promptly notify the data exporter about: (i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation; (ii) any accidental or unauthorized access; and (iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorized to do so; (e)to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred; (f)at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority; (g)to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing,unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter; (h)that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent; (i) that the processing services by the sub-processor will be carried out in accordance with Clause 11; 0)to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter. Clause 6 Liability 1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered. 2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any Attachment D Page 37 of 471 Page 111 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities. 3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub- processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses. Clause 7 Mediation and jurisdiction 1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject: (a)to refer the dispute to mediation, by an independent person or, where applicable,by the supervisory authority; (b)to refer the dispute to the courts in the Member State in which the data exporter is established. 2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law. Clause 8 Cooperation with supervisory authorities 1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law. 2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor,which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law. 3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b). Clause 9 Attachment D Page 38 of 471 Page 112 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Governing law The Clauses shall be governed by the law of the Member State in which the data exporter is established,namely ... Clause 10 Variation of the contract The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause. Clause 11 Sub-processing 1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses t). Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor's obligations under such agreement. 2. The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses. 3. The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established,namely ... 4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 50), which shall be updated at least once a year. The list shall be available to the data exporter's data protection supervisory authority. Clause 12 Obligation after the termination of personal data-processing services 1. The parties agree that on the termination of the provision of data-processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal Attachment D Page 39 of 471 Page 113 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore. 2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1. On behalf of the data exporter: Name (written out in full): .......................................... Position: ............................................................... Address: ............................................................... Other information necessary in order for the contract to be binding (if any): Signature ... d J� � 4 � P � X � f 1 1 R +y On behalf of the data importer: Name (written out in full): ......................................... Position: ............................................................... Address: ................................................................ Other information necessary in order for the contract to be binding if any): Signature ... r r � 4 t ti) Parties may reproduce definitions and meanings contained in Directive 95/46/EC within this Clause if they considered it better for the contract to stand alone. LQ Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard Attachment D Page 40 of 471 Page 114 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. national security, defense, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alfa, internationally recognized sanctions, tax-reporting requirements or anti-money-laundering reporting requirements. This requirement may be satisfied by the sub-processor co-signing the contract entered into between the data exporter and the data importer under this Decision. Appendix 1 to the Standard Contractual Clauses Data exporter The data exporter is the end customer for whom the data importer is providing the relevant services (whether the end customer acquires the services through a partner or directly from Extreme). Data importer The data importer is Extreme Networks, Inc. Data subjects The personal data transferred concern the following categories of data subjects: For ExtremeCloud, see http://bit.ly/2s7zadf For ExtremeLocation, see http://bit.ly/2x51wLd For ExtremeWorks, see http://bit.ly/2s7Hnlh For Managed Services, see http://bit.ly/2lGaUWL Categories of data The personal data transferred concern the following categories of data: For ExtremeCloud, see http://bit.ly/2s7zadf For ExtremeLocation, see http://bit.ly/2x51wLd For ExtremeWorks, see http://bit.ly/2s7Hnlh For Managed Services, see http://bit.ly/2IGaUWL Attachment D Page 41 of 471 Page 115 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Special categories of data (if appropriate) The personal data transferred concern the following special categories of data(please specify): N/A Processing operations The personal data transferred will be subject to the following basic processing activities (please specify): For ExtremeCloud, see http://bit.ly/2s7zadf For ExtremeLocation, see http://bit.ly/2x51wLd For ExtremeWorks, see http://bit.ly/2s7Hnlh For Managed Services, see http://bit.ly/2lGaUWL Appendix 2 to the Standard Contractual Clauses General Controls & Governance Extreme Networks takes a comprehensive approach to Information Security, including data protection and SDLC. The tone is set from the top with an executive sponsored InfoSec Steering Committee whose responsibilities include policy oversight, incident response review, strategy alignment, and performance management. The governing body has representation from all key business functions. Access All access is controlled by a centrally-integrated UAM ecosystem driven by HR. All access is based on a"least privileged"basis down to the role level within applicable applications. Any access to a system,part of a system, or data is strictly controlled on a"needs only"basis in association with the person's role and responsibilities within the organization. All access control principles are detailed in our Information Security Policies and guidelines. These policies cover prohibited acts, such as copying, reading and access of any data that is not directly connected to the person's role. All access to systems, as stated previously, is controlled per role. Shared accounts are strictly prohibited. Application logging is used as applicable. Attachment D Page 42 of 471 Page 116 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Personnel Extreme endeavors to ensure that only the best talent is part of the Extreme family. As part of this mandate, we take reasonable steps to ensure that no person is appointed to a position unless that person: a) Is competent and qualified to perform the specific tasks assigned to them; b) Has been instructed in the requirements relevant to the performance of the obligations of their role, including the handling of personal data; and C) Has signed a non-disclosure or other confidentiality agreement that applies to not just to Extreme confidential information, but also to confidential information of Extreme's customers and other third parties that we receive in confidence. Physical Security All media destruction is governed by Extreme's digital disposal policy. This complements the data retention policy on when and for how long data should be retained within the organization. All core systems within the enterprise are covered by back-up solutions allowing for retrieval of accidentally deleted data. All locations are badge controlled with access only granted on a needs basis. Incident Management Extreme takes seriously any security incident that could impact Extreme assets, whether physical or virtual. In line with regulatory and contractual requirements, we focus in particular on data security and rapid assessment of whether any security incident could impact or has impacted confidential data, including personal data. All InfoSec team members undergo regular training on the latest tools and technologies. Data Protection Extreme policy mandates that all corporate data, including that of our customers and partners, must only be stored on corporate systems that are fully backed up and protected. All network and system events are tracked and monitored as part of our centralized InfoSecOp's management program. Full logging is in place as applicable to facilitate monitoring and investigations. The environment is protected from common threats using industry standard approaches including, but not limited to: • Web application firewalls • Intrusion detection and prevention systems • Infrastructure vulnerability scanning • Penetration testing • Web application vulnerability scanning Attachment D Page 43 of 471 Page 117 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 7 Service Descriptions ExtremeWorks® Maintenance Services Full access to around-the-clock, direct support for any network issue that comes your way. Your network is the backbone that supports the life of your business, and in the always-on, digitally driven business environment of today, there is no negotiating when it comes to staying connected. The network is now considered not only a required business function, but a generator of ROI. The hardware running in your network, especially within the core is critical to its functionality, and if you experience a failure,your maintenance agreement determines how quickly you'll be back up and running. Break-fix problems cannot be prevented entirely, but when they happen, they do not have to halt business operations. Your business deserves always available support to guarantee you can deliver services at the speed of business around-the-clock. ExtremeWorks Maintenance Services is a comprehensive break-fix organization that provides frill access to support no matter the problem you are experiencing with the hardware you are running; from configuration assistance to failure. If you find that a product you are working with is faulty, your maintenance agreement entitles you to next-business day delivery of your replacement part. ExtremeWorks also ensures that you are able to download and install the latest, most advanced software for your network devices until the end of service life. At Extreme Networks, there are no boundaries for solving customer problems. In the event of the unexpected, we work together effectively with all departments to minimize disruption and maximize productivity. ExtremeWorks Maintenance Services ensures that your business has frill access to network support around-the-clock, no matter what issues arise. Here's what you can expect: • Award-winning technical assistance available nonstop • Software updates and upgrades • Multiple time-based hardware replacement options • Web support • Complete ExtremeWorks knowledge base • Next Business Day (NBD) delivery for faulty product replacement Why You Need ExtremeWorks Maintenance Services Attachment D Page 44 of 471 Page 118 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. First Person Resolution With Extreme Networks, opening up a case won't send you on a multi-tiered hunt for technical answers, and you should never have to repeat the problem you are experiencing. ExtremeWorks provides constant forward movement on network issues. Better than 90% of cases are resolved with the first technical specialist who answers your call, eliminating the frustration of being transferred from representative to representative. Support Centers Are Close to the Builders of the Products Most Extreme Networks support centers sit beside the original builders of our products. In many cases, the builders and inventors of Extreme features and functions are within close proximity of the support organization, making it easy to gain an in-depth view of a potential issue with faster resolution. Proven Method for Skills-based Routing Extreme customer satisfaction is consistently measured between 92-95% globally, largely due to our proven method for skills-based routing. When you call support, we are going to connect you with an engineer who has expertise with the technology you are experiencing an issue in and can solve your problem fast. Full Visibility into Cases, Constant Contact with Key Stakeholders When it comes to support, we believe in total transparency. When you open a case, support receives that case in their queue as does your account representative. All key stakeholders you are in contact with are aware of your obstacles, keeping open communication across teams. Further, the minute you're connected with a support specialist, at their fingertips, they have the ability to review all of your open cases, giving them a holistic perspective of issues you may be experiencing. Choose ExtremeWorks Maintenance Services to stay on top of your network and ensure problem resolution is achieved as quickly as possible. When you choose Extreme,you choose partnership, built on 100% in-sourced support engineering expertise to solve your most pressing networking challenges. If the unexpected strikes, a cross-functional Extreme Networks team will be there. Protect the core of your network with ExtremeWorks Maintenance Services. Attachment D Page 45 of 471 Page 119 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks® AHR Service 1.0 Service Overview 2.0 Service Levels Extreme Networks Advanced Hardware ExtremeWorks Advanced Hardware Replacement Replacement Services offerings provide technical Services are available with the following response support,update and/ or upgrade support, and times depending upon the offering purchased advanced parts replacement for Covered Products (as defined herein) according to particular levels of Service Order Service Levels FRU Response purchase. Upon diagnosis of a reported failure, Code Time* service offerings cover the replacement part arrival ExtremeWorks within the response time specified for the service NBD 97004 Advanced Next Business level purchased, subject to the conditions defined Day herein. Hardware Replacement Extreme service offerings further grant Customers ExtremeWorks telephone and web access to Extreme Networks 4 Hour Global Technical Assistance Center("GTAC") 24 97007 Advanced 24x7 -4 Hours hours a day, 365 days a year (24x7) to report Hardware problems, ask product-related questions and receive Replacement assistance for Extreme Networks hardware and Operational Software. Diaonosis and trotibleshooting regiiired to identify the (atilty Field replaceable Unit("1 IZLF ) to be replaced miist be completed prior to regtiesting the replacement l 1Z tJ. The response time interval starts after the G'1 AC validates the ctistomeCs recltiest for a replacement 11ZtJ and assions an IMA ntirnber. 3.0 Availability ExtremeWorks Advanced Hardware Replacement Services, contracted for a defined period, are available globally from key business locations, subject to the conditions herein. Please refer to Appendix A for addition information on availability and restrictions by geography. Attachment D Page 46 of 471 Page 120 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 4.0 Deliverables a web account and are only available for Covered Each ExtremeWorks Advanced Hardware Product that is registered and subject to Extreme's Replacement Service offer includes the following: standard published product documentation and • GTAC Technical Support—24x7 telephone support/maintenance entitlements. Use of Operational support that provides technical assistance with Software updates and upgrades shall be subject to the diagnosis of defect or failures in the Extreme ExtremeWorks Support Program Terms and Networks hardware and Operational Software to Conditions, in addition to your applicable product conform to published documentation on Covered license agreement and purchasing terms and Products. conditions. • Escalation Management— The GTAC is the NOTE; Stipport for Application Software products, escalation point for the customer for raising including subscription to include entitlement to major unsatisfactory conditions or immediate concerns and minor releases of the Application Software associated with the service quality on Covered prodticts, if available, are not included with the Products. Please see Appendix B for additional detail. Extreme A'orks Advanced l lardware Replacel-nent • Advanced Shipment—Extreme Networks Services Subscription and stipport for Applicationprovides for the advanced shipment of FRUs to the Software i-mist be ordered separately via. customer's contracted sites within the contract response time on Covered Products. A request for a Extreme A7orks Software Stibscription services replacement FRU is validated by GTAC and a Return offerings as ftirthertzbllshed for availability in Material Authorization (RMA) number is assigned. accordance with Extreme Networks' then-current Extreme Networks will pick,pack and dispatch the Price List (c��rrently cateorled as order code 700.0. replacement FRU using a commercial delivery Access to Extreme Networks' Customer service to make the delivery to the customer's Support Website—which may include, but is not contracted site. The replacement FRU will be limited to (i) status review of known hardware and delivered within the contracted response time, subject software problems (ii) access to technical to the regional restrictions, response times, and documentation (iii) ability to log a case(iv) status diagnostic requirements identified in Appendix A. view of outstanding RMAs. • Operational Software Updates and Upgrades — 5.0 Extreme Networks Responsibilities Customer is entitled to receive any Operational Extreme Networks is responsible for: Software or Operational Software upgrades that Extreme Networks may develop and generally release 0 Assisting with fault diagnosis required to on Covered Products. Operational Software is defined identify the FRU to be replaced and to occur prior to as embedded software that is required to operate an assignment of the RMA number. Extreme Networks network device and is offered for 0 Assigning an RMA number to each FRU to be sale as an inclusive component of such hardware replaced and notifying the customer of the relevant network device product as described in Extreme RMA numbers. Networks' published price list applicable to such • Shipping an replacement FRU on an advance hardware product( "Covered Product"). Operational exchange basis to the customer's location per the Software updates and upgrades may be obtained applicable availability and restrictions in Appendix A. through Extreme Networks' Website after establishing Attachment D Page 47 of 471 Page 121 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. • Extreme Networks will measure and categorize current list price. Failure to return defective parts in a the case priority level of software problems reported timely manner may result in the suspension of future by the customer based on the impact on the network advance hardware replacement service delivery from and in accordance with the classification definitions Extreme Networks. contained in Appendix B. If it is not clear which • Providing, at Customer's expense, reasonable priority level applies, then the priority level assigned access to the Product through the Internet or via by the customer will be used. However, if a problem modem to establish a dataa communication link clearly belongs in a given priority level, then that level between Customer and the Extreme Networks GTAC will be used. Case severity and level assignment will engineer. In addition, customer must provide systems' be determined in Extreme's sole discretion. passwords so that problems may be diagnosed and, • If Extreme Networks diagnoses that a reported where possible, corrected remotely. problem is due to non-conformance to published specifications of a supported Operational Software Using all reasonable efforts to maintain version, then software products major releases installed at sites at the most current release level. Extreme Networks will provide any Operational Software fix for the reported non-conformance Using the versions of Operational Software available at the time the problem is reported,provided currently supported by Extreme Networks. If the that customer is running on a version of Operational Operational Software is a version other than that Software that is currently supported, as identified in Which is currently supported, as identified in the the Extreme Networks Product End of Life Policy. Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to 6.0 Customer Responsibilities purchase the required versions of the product to obtain The Customer is responsible for: support. Support for Application Software must be purchased separately under Software Subscription as • Advising Extreme Networks, in writing, of any defined in Extreme's then-current Price List, if change of location for Covered Products to ensure available. proper dispatch and delivery. • Ensuring that all covered hardware is 7.0 Assumptions operational and up to the currently supported revision The following assumptions govern the delivery of level before this service plan goes into effect. Failure ExtremeWorks Advance Hardware Replacement to do so will exclude that hardware from coverage. Service: Ensuring that the products are used and Extreme Networks will make commercially maintained in accordance with the applicable product reasonable efforts to ship, at its expense, a replaceable documentation. hardware FRU to arrive at the customer's designated location within the specified time frame and based on • Returning the defective FRU to an authorized the parameters indicated in Appendix A. In certain Extreme Networks repair facility. In the event that geographies, the customer may be responsible for the you fail to return the defective FRU within ten (10) cost of importing replacement product, including business days of receipt of the replacement FRU, customs and duty fees. Please consult with Extreme Extreme Networks reserves the right to invoice you Networks or your authorized Extreme Networks for such product or product component based on the Attachment D Page 48 of 471 Page 122 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Services Partner to learn whether your location is Extreme Networks published terms and conditions, included. Extreme Networks published terms and conditions For the purpose of providing support services, shall govern. Extreme Networks will have the an at right g y time to • Unless required for operational reasons and audit a contracted site through software, remote elsewhere agreed between the customer and Extreme polling or other reasonable means to verify the site's Networks, the replacement FRU will be at the then- in-service inventory against the contracted equipment, current minimum hardware, software and software to conform to the customer's network size and/or to release levels as published by Extreme Networks. verify the software eligibility status, except as When the hardware or software is part of the otherwise may be prohibited by applicable law. same system, it must carry consistent service level • FRU delivery is subject to the hours of coverage. This includes the chassis,modules, circuit coverage and response times as identified in Appendix packs, software and all other supportable components A. within the system configuration. • If the customer's Operational Software is a 8.0 Exclusions version that is not currently supported, and the non- The following are completely out of the scope of conformance is corrected in a supported version, then ExtremeWorks Advance Hardware Replacement the customer will be advised to upgrade to obtain Services entitlements and are not included herein. assistance. Extreme Networks will not incorporate Professional Services offerings may be available for software fixes or corrections into versions of purchase and Extreme reserves the right to charge for Operational Software other than those currently any costs incurred with performance of services supported in accordance with Extreme Networks' affected by any of the following factors below. Product • Extreme Networks is not required to provide • End of Life and Support Plan End of Life any services for problems arising out of: (i) Policy. Extreme Networks does not represent or Company's failure to implement all Updates issued warrant that all nonconformance of the Operational tinder the Services uu alterations of or additions to Software can be corrected. the Products performed by parties other than Extreme; • Operational Software upgrades may be (iii) accident, natural disasters, terrorism, negligence, obtained through Extreme Networks' Web site after or misuse of the Products (such as, without limitation, establishing a web account and are only available for fire, flood, water, wind, lightening or other acts of the Covered Product that is registered. Use of God, operation outside of environmental Operational Software upgrades shall be subject to the specifications or in a manner for which the Products terms and conditions of said software. were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, • Customer will maintain and backup all or(v) certain components, including but not limited to configuration data. the following: spare fan trays, blank panels, cables, • The terms and conditions of Extreme's cable kits,rack mount kits, brackets, antennas and performance of support and services are as posted consumable items. here. In the event of any conflict between the Extreme Networks shall only be obligated to support language in this Service Description Document and the then-current revision of the Products and the Attachment D Page 49 of 471 Page 123 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. immediately prior revision. Support for any earlier 0 This service offering and any subsequent versions or for other problems not covered under the service renewals are subject to the terms and Services may be obtained at then-current rates for conditions of Extreme Networks Product End of Life special technical services and on Extreme Networks and Support Plan End of Life policy. then-current terms and conditions for such services • New releases and upgrades for Application subject to acceptance by Extreme Networks. Software, or software releases,updates or upgrades • Extreme Networks will have no liability or otherwise outof-scope as defined herein. obligations for failure of the products to conform to Unless elsewhere agreed in writing between published specifications resulting from the the customer and Extreme Networks in a separate combination of the products with any third-party contract, this service does not include root-cause hardware or software not authorized in Extreme analysis, the provision of fault reports or lead-time/ Networks published documentation or when caused performance metrics. by customer's inability to use the products if the products are operating substantially in accordance with published specifications. • Service availability is subject to geographical limitations, as advised by Extreme Networks upon request. Extreme Networks will have no obligation to meet the response times outlined in the Appendix A if the customer's site is outside of the geographical zone of service availability. If the customer purchases this service for locations outside Extreme Networks advised geographical limitations, Extreme Networks will be required only to use commercially reasonable efforts to replace FRUs as soon as practical after receipt of a request from the customer. • Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. • Labor charges for reinstalling the customer's system Operational Software (operational or application) or end user configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. • This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. Attachment D Page 50 of 471 Page 124 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A ExtremeWorks Advance Hardware Replacement Services Deliverables Extreme Networks will make commercially reasonable efforts, at its expense (excluding any and all duties, taxes or government imposed fees if applicable) to see that the replacement hardware FRU arrives at the customer's designated location within the specified time period based upon the system's Response Service Level following completion of diagnostics and the assignment of an RMA Number. Extreme Networks will have no obligation to meet the response times outlined in the appropriate ExtremeWorks Service Description if the customer's site is outside the geographical zone of service availability. Extreme Networks is not responsible for any delays related to import/export or customs regulations or processes, or uncontrollable transportation issues including inability of the customer to allow the actual delivery of services. Delivery targets for RMA's including but not limited to oversized/heavy weight items may fall outside the posted SLA. A current list of Extreme authorized servicing depots that correspond to the defined ExtremeWorks services offerings, including expected delivery response, is defined below. Next Business Day Where Next Business Day Advanced Hardware Replacement Services is available, Extreme Networks must process the RMA relating to the defective product per the Advanced Exchange RMA Times section of the Extreme Networks Service Availability Matrix, Monday through Friday, in order to deliver the replacement product to your site, by the end of day of the Next Business Day. Otherwise Second Business Day delivery will be provided for RMA's approved after the time indicated. Next Business Day delivery is generally available in these geographical locations: • North America: United State and Canada • EMEA: Most European Union Countries, Switzerland and South Africa • LATAM: Argentina, Brazil, Columbia, Mexico • APJC: Australia, China, India, Japan,Philippines NOTE- please check the Extreme Networks Service Availability Matrix for locations that may be exchided, Where Next Business Day delivery of the part is not available, Advanced Hardware Replacement will ship on the same business day provided Extreme Networks processed the RMA relating to the defective product per the Advanced Exchange RMA Times section of the Extreme Networks Service Availability Matrix, Monday Attachment D Page 51 of 471 Page 125 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. through Friday in order to ship the replacement product to your site, otherwise Next Business Day shipment will be provided for RMA's processed after the time indicated. Estimated delivery times to country are available via the Extreme Networks `'st~ryick Availability N,Iattix. 4 Hour 4 Hour Advanced Hardware Replacement Service is only available to you within one hundred(100)miles (160 kilometers) of an Extreme Networks parts depot. All 4 Hour support contracts require customer site location pre approval from Extreme Networks before Extreme Networks will accept a purchase order for the applicable 4 Hour support plan. Email 4liOLirl'.'aiiabilit, �-ci,�exti-ciriet'ict-,�/ot'ks,coii-i for confirmation of service delivery availability. Extreme Networks provides parts at customer's designated location provided that Extreme Networks has validated a Hardware failure and a Return Material Authorization (RMA)number has been assigned. Four-Hour Advanced Hardware Replacement response is available twenty-four(24) hours per day, seven (7) days per week, including Extreme Networks observed holidays. Please work with your regional service sales manager to determine coverage. Appendix B Case Severity and Escalation Guidelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Restore time Case Priority Response Time (Software fix or Update Frequency workaround) Attachment D Page 52 of 471 Page 126 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. C1: Customer's network segment or management application is down or experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours performance impact with no immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network or 1 hour 1 day Daily management application. C3: Customer has issues that do not affect normal network or management application operation 8 hours 10 days 5 days and/or questions concerning product function or use. C4: Submission of a product enhancement/new Immediate N/A N/A feature request Acknowledgment, If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme. Networks home page. Support Life Cycle Communication Matrix Notification Levels Cl —Critical C2 —High C3 —Medium Priority Priority Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 days Director, Global Technical Services Immediate 48 hours 10 days Vice President, Global Technical Services 2 hours 72 hours 20 days Executive Management(CTO/EVP Eng) 4 hours None None Attachment D Page 53 of 471 Page 127 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks® Return and Replace Service 1.0 Service Overview Extreme Networks Return and Replace Service 3.0 Availability offering provides technical support,update and/or ExtremeWorks Return and Replace Service, upgrade support, and return-to-factory parts contracted for a defined period, are available globally replacement for Covered Products (as defined herein). from key business locations, subject to the conditions Upon diagnosis of a reported failure, the service herein. Please refer to Appendix A for addition offering covers the replacement part within the information on availability and restrictions by response time specified, subject to the conditions geography. defined herein. Extreme service offerings further grant Customers 4.0 Deliverables telephone and web access to Extreme Networks ExtremeWorks Return and Replace Service offering Global Technical Assistance Center("GTAC") 24 includes the following: hours a day, 365 days a year (24x7) to report 0 GTAC Technical Support—24x7 telephone problems, ask product-related questions and receive support that provides technical assistance with assistance for Extreme Networks hardware and diagnosis of defect or failures in the Extreme Operational Software. Networks hardware and Operational Software to conform to published documentation on Covered 2.0 Service Levels Products. ExtremeWorks Return and Replace Service is • Escalation Management—The GTAC is the available with the following response times: escalation point for the customer for raising Service Order Service Levels Response unsatisfactory conditions or immediate concerns Code Time* associated with the service quality on Covered ExtremeWorks 10 business Products. Please see Appendix B for additional detail. 97001 Parts Return day from Return and Replace Service—provides and Replace receipt Diagnosis and troubleshooting recl.ired to identify customers the opportunity to return their defective the fatilt}� FieldlZeplaceab[e Unit("1�1ZtJ") to be part to Extreme Networks. A request for a replacement FRU is validated by GTAC and a Return replaced mast be completed prior to reqtzesting the Material Authorization (RMA)number is assigned. replacement h1ZU. The response time interval starts Within ten (10) business days of receipt of such after receipt of defective unit by Extreme Networks, defective product, Extreme Networks will ship a like or equivalent part back to the customer. Attachment D Page 54 of 471 Page 128 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. • Operational Software Updates and Upgrades — Customer is entitled to receive any Operational Software or Operational Software upgrades that 5.0 Extreme Networks Responsibilities Extreme Networks may develop and generally Extreme Networks is responsible for: release on Covered Products. Operational 0 Assisting with fault diagnosis required to Software is defined as embedded software that is identify the FRU to be replaced and to occur prior to required to operate an Extreme Networks assignment of the RMA number. network device and is offered for sale as an 0 Assigning an RMA number to each FRU to be inclusive component of such hardware network replaced and notifying the customer of the relevant device product as described in Extreme RMA numbers. Networks' published price list applicable to such 0 Extreme Networks will measure and hardware product("Covered Product"). categorize the case priority level of software Operational Software updates and upgrades may problems reported by the customer based on the be obtained through Extreme Networks' Website impact on the network and in accordance with the after establishing a web account and are only classification definitions contained in Appendix B. If available for Covered Product that is registered it is not clear which priority level applies, then the and subject to Extreme's standard published priority level assigned by the customer will be used. product documentation and support/maintenance However, if a problem clearly belongs in a given entitlements. Use of Operational Software updates priority level, then that level will be used. Case and upgrades shall be subject to the severity and level assignment will be determined in ExtremeWorks Support Program Terms and Extreme's sole discretion. Conditions, in addition to your applicable product 0If Extreme Networks diagnoses that a reported license agreement and purchasing terms and problem is due to non-conformance to published conditions. specifications of a supported Operational Software version, then NOTE: Support for Application Software products, including subscription to include entitlement to major and minor releases of the Extreme Networks will provide any Operational Application Software products, if available, Software fix for the reported non-conformance are not included with the ExtremeWorks available at the time the problem is reported,provided Return and Replace Service. Subscription and that customer is running on a version of Operational support for Application ExtremeWorks Software that is currently supported, as identified in Return and Replace Service - SDD 2 the Extreme Networks Product End of Life Policy. Software must be ordered separately via Shipping a repaired or replacement FRU (feature, ExtremeWorks Software Subscription services function and fit compatible)within 10 business days offerings as further published for availability in of receipt of the defective FRU at an Extreme accordance with Extreme Networks' then-current Networks facility if the purchased service is Return Price List(currently categorized as order code and Replace. Return shipment of repaired or replaced 97003). FRU to the customer's designated location will be included with this SDD. Attachment D Page 55 of 471 Page 129 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 6.0 Customer Responsibilities 0 Acknowledging that the customer's right to The Customer is responsible for: use the Operational Software releases is subject to the Advising Extreme Networks, in writing, of software licensing terms of the applicable any change of location for Covered Products to purchasing/licensing agreement under which the ensure proper dispatch and delivery. customer purchased/licensed its products from Ensuring that all covered hardware is Extreme Networks, and any associated terms and operational and up to the currently supported revision conditions contained therein. level before this service plan goes into effect. Failure ' Extreme Networks will make commercially to do so will exclude that hardware from coverage. reasonable efforts to ship, at its expense, a Ensuring that the products are used and replaceable hardware FRU to arrive at the customer's maintained in accordance with the applicable product designated location within the specified time frame documentation. and based on the parameters indicated in Appendix Providing, at Customer's expense, reasonable A. In certain geographies, the customer may be access to the Product through the Internet or via responsible for the cost of importing replacement modem to establish a dataa communication link product, including customs and duty fees. Please between Customer and the Extreme Networks GTAC consult with Extreme Networks or your authorized engineer. In addition, customer must provide Extreme Networks Services Partner to learn whether systems' passwords so that problems may be your location is included. diagnosed and, where possible, corrected remotely. For the purpose of providing support services, • Requesting technical assistance from Extreme Extreme Networks will have the right at any time to Networks in diagnosing a fault prior to requesting audit a contracted site through software, remote parts replacement. polling or other reasonable means to verify the site's Using all reasonable efforts to maintain in-service inventory against the contracted Operational Software products major releases equipment, to conform to the customer's network installed at sites at the most current release level. size and/or to verify the software eligibility status, Using the versions of Operational Software except as otherwise may be prohibited by applicable currently supported by Extreme Networks. If the law. Operational Software is a version other than that If the customer's Operational Software is a which is currently supported, as identified in the version that is not currently supported, and the non- Extreme Networks Product End of Life and Support conformance is corrected in a supported version, then Plan End of Life Policy, the customer is required to the customer will be advised to upgrade to obtain purchase the required versions of the product to assistance. Extreme Networks will not incorporate obtain support. Support for Application Software software fixes or corrections into versions of must be purchased separately under Software Operational Software other than those currently Subscription as defined in Extreme's then-current supported in accordance with Extreme Networks' Price List, if available. Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or 7.0 Assumptions warrant that all nonconformance of the Operational The following assumptions govern the delivery of Software can be corrected. ExtremeWorks Return and Replace service: Attachment D Page 56 of 471 Page 130 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. • Parts Repair and FRU delivery is subject to incurred with performance of services affected by any the hours of coverage and response times as of the following factors below. identified in Appendix A. Extreme Networks is not required to provide • Operational Software products major releases any services for problems arising out of: (i) and upgrades are provided for distribution only to the Company's failure to implement all Updates issued customer for use on or with the Extreme Networks funder the Servicesuu alterations of or additions to supplied products on which they operate, in Services; ( ) the Products performed by parties other than accordance with the Extreme Networks published Extreme (iii) accident natural disasters terrorism specifications. ' ' negligence, or misuse of the Products (such as, • Operational Software upgrades may be without limitation fire flood water, wind lightening obtained through Extreme Networks' Web site after or other acts of God, operation outside of establishing a web account and are only available for environmental specifications or in a manner for the Covered Product that is registered. Use of which the Products were not designed); (iv) Operational Software upgrades shall be subject to the interconnection of the Products with other products terms and conditions of said software. not supplied by Extreme, or(v) certain components, • Customer will maintain and backup all including but not limited to the following: spare fan configuration data.. trays, blank panels, cables, cable kits, rack mount • The terms and conditions of Extreme's kits, brackets, antennas and consumable items. performance of support and services are in included Extreme Networks shall only be obligated to as Exhibit 4as posted here. In the event of any support the then-current revision of the Products and conflict between the language in this Service the immediately prior revision. Support for any Description Document and Extreme Networks earlier versions or for other problems not covered published terms and conditions, Extreme Networks funder the Services may be obtained at then-current published terms and conditions shall govern. rates for special technical services and on Extreme • Unless required for operational reasons and Networks then-current terms and conditions for such elsewhere agreed between the customer and Extreme services, subject to acceptance by Extreme Networks. Networks, the replacement FRU will be at the then- Extreme Networks will have no liability or current minimum hardware, software and software obligations for failure of the products to conform to release levels as published by Extreme Networks. published specifications resulting from the • When the hardware or software is part of the combination of the products with any third-party same system, it must carry consistent service level hardware or software not authorized in Extreme coverage. This includes the chassis,modules, circuit Networks published documentation or when caused packs, software and all other supportable components by customer's inability to use the products if the within the system configuration. products are operating substantially in accordance 8.0 Exclusions with published specifications. The following are completely out of the scope of Service availability is subject to geographical ExtremeWorks Return and Replace Service limitations, as advised by Extreme Networks upon entitlements and are not included herein. Professional request. Extreme Networks will have no obligation to Services offerings may be available for purchase and meet the response times outlined in the Appendix A Extreme reserves the right to change for any costs if the customer's site is outside of the geographical zone of service availability. If the customer purchases Attachment D Page 57 of 471 Page 131 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. this service for locations outside Extreme Networks Appendix A Return and Replace Deliverables advised geographical limitations, Extreme Networks Extreme Networks will make commercially will be required only to use commercially reasonable reasonable efforts, at its expense (excluding any and efforts to replace FRUs as soon as practical after all duties, taxes or government imposed fees if receipt of a defective product from the customer. applicable) to see that the replacement hardware FRU • Services such as upgrades to hardware are arrives at the customer's designated location within excluded from the scope of this SDD and should be the specified time period based upon the system's ordered separately. Response Service Level following completion of • Labor charges for reinstalling the customer's diagnostics and the assignment of an RMA Number. system Operational Software (operational or Extreme Networks will have no obligation to meet application) or enduser configuration software, other the response times outlined in the appropriate than what is provided in the customer's backup copy, ExtremeWorks Service Description if the customer's are not included within the scope of this service. This site is outside the geographical zone of service is a separately charged and scheduled activity. This availability. Extreme Networks is not responsible for service does not include support and maintenance of any delays related to import/export or customs any third party software or hardware not provided by regulations or processes, or uncontrollable Extreme Networks. transportation issues including inability of the • This service offering and any subsequent customer to allow the actual delivery. A current list service renewals are subject to the terms and of Extreme authorized servicing depots that conditions of Extreme Networks Product End of Life correspond to the defined ExtremeWorks services and Support Plan End of Life policies. offerings, including expected delivery response, New releases and upgrades for Application defined herein is available on Extreme Networks Software, or software releases,updates or website. upgrades otherwise out-of-scope as defined herein. For Products covered with Return and Replace level • Unless elsewhere agreed in writing between of service, the customer pays for the return freight of the customer and Extreme Networks in a separate the product to Extreme Networks, including any contract, this service does not include root-cause applicable taxes, duties and custom fees. Extreme analysis, the provision of fault reports or lead- Networks pays the freight of the unit shipped to the time/performance metrics. customer, excluding any applicable taxes, duties and custom fees. Attachment D Page 58 of 471 Page 132 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Appendix l3 Case Severity and Escalation Guidelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Service Level Objectives Matrix Restore Time Update Case Priority Response Time (Software Fix or Workaround) Frequency C1: Customer's network segment or management application is down or experiencing a consistent, measurable performance impact with no 15 Minutes 4 Hours Up to 4 hours immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network or management 1 Hour 1 Day Daily application. C3: Customer has issues that do not affect normal network or management application operation 8 Hours 10 Days 5 Days and/or questions concerning product function or use. C4: Submission of a product enhancement/new Immediate N/A N/A feature request Acknowledgement; If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty. Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme Networks home page. Support Life Cycle Communication Matrix Notification Levels Cl - Critical C2 -High C3 - Medium Priority Priority Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 Days Director, Global Technical Services Immediate 48 Hours 10 Days Vice President, Global Technical Services 2 Hours 72 Hours 20 Days Executive Management(CTO/EVP Eng) 4 Hours None None Attachment D Page 59 of 471 Page 133 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks OnSite Service 1.0 Service Overview after the GTAC validates the ctistomeCs recltiest for a Extreme Networks On-site Services offerings provide replacement F1ZL[ and assign an IZMA ntimber, technical support, update and/or upgrade support, and 3.0 Availability advanced parts replacement with on-site labor for ExtremeWorks On-site Services, contracted for a Covered Products (as defined herein) according to defined period, are available globally from key particular levels of purchase. Upon diagnosis of a reported failure, services offerings cover the business locations, subject to the conditions herein.replacement part and an on-site field technician arrival Please refer to Appendix A for addition information within the response time specified for the service level on availability and restrictions by geography. purchased, subject to the conditions defined herein. 4.0 Deliverables Extreme service offerings further grant Customers Each ExtremeWorks On-site Services offering telephone and web access to Extreme Networks includes the following: Global Technical Assistance Center("GTAC") 24 0 GTAC Technical Support—24x7 telephone hours a day, 365 days a year (24x7) to report support that provides technical assistance with problems, ask product-related questions and receive diagnosis of defect or failures in the Extreme assistance for Extreme Networks hardware and Networks hardware and Operational Software to Operational Software. conform to published documentation on Covered 2.0 Service Levels Products. ExtremeWorks On-site Services are available with the 0 Escalation Management—The GTAC is the following response times depending upon offering escalation point for the customer for raising purchased:* unsatisfactory conditions or immediate concerns Service Order Service Levels Response Time associated with the service quality on Covered Code Products. Please see Appendix B for additional detail. 0 Advanced Shipment—Extreme Networks ExtremeWorks Next Business provides for the advanced shipment of FRUs to the 97011 Onsite Next Day customer's contracted sites within the contract Business Day response time on Covered Products. A request for a ExtremeWorks replacement FRU is validated by GTAC and a Return 97008 Onsite—24x7 24x7 - 4 Hours Material Authorization (RMA) number is assigned. 4 Hours Extreme Networks will pick, pack and dispatch the "Diaonosis and trotiblesliootinC g reqi.iired to identify C replacement FRU using a commercial delivery the fatilty Field replaceable Unit("1 IZ1,Y ) to be service to make the delivery to the customer's replaced mast be completed prior to recltiestingC the contracted site. The replacement FRU will be replacement F1ZL[. The response time interval starts delivered within the contracted response time, subject Attachment D Page 60 of 471 Page 134 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. to the regional restrictions, response times, and Application Software must be ordered separately diagnostic requirements identified in Appendix A. via Extreme A7orks Software Stibscription services • On-Site FRU Replacement–After a request offerings as further ptiblislied for availability in for a replacement FRU is validated by GTAC, accordance with Extreme Networks' dien-ctirrent Extreme Networks assigns a field technician, who Price List (ctirrently categorized as order code will be scheduled for arrival within the contracted response time, depending on the distance to the 97003), customer's site (see Appendix A) for details on Access to Extreme Networks' Customer Covered Products. The Extreme Networks field Support Web site—which may include, but is not technician will replace the defective FRU and install limited to (i) status review of known hardware and the replacement FRU. See Appendix for response software problems (ii) access to technical times and diagnostic requirements. documentation (iii) ability to log a case (iv) status 0Operational Software Updates and Upgrades – view of outstanding RMAs. Customer is entitled to receive any Operational Software or Operational Software upgrades that 5.0 Extreme Networks Responsibilities Extreme Networks may develop and generally Extreme Networks is responsible for: release on Covered Products. Operational Software is 0 Assisting with fault diagnosis required to defined as embedded software that is required to identify the FRU to be replaced and to occur prior to operate an Extreme Networks network device and is assignment of the RMA number. offered for sale as an inclusive component of such 0 Assigning an RMA number to each FRU to be hardware network device product as described in replaced and notifying the customer of the relevant Extreme Networks' published price list applicable to RMA numbers. such hardware product("Covered Product"). 0 Dispatching a field technician and an Operational Software updates and upgrades may be equivalent FRU(feature, function and fit compatible) obtained through Extreme Networks' Website after to arrive at the customer's site, subject to conditions establishing a web account and are only available for outlined in Appendix A, following assignment of the Covered Product that is registered and subject to RMA numbers. Extreme's standard published product documentation 0 Coordinating the arrival of the Extreme and support/maintenance entitlements. Use of Networks field technician and the FRU at the Operational Software updates and upgrades shall be customer's site. subject to the ExtremeWorks Support Program 0 Extreme Networks will measure and Terms and Conditions, in addition to your applicable categorize the case priority level of Operational product license agreement and purchasing terms and Software problems reported by the customer based on conditions. the impact on the network and in accordance with the classification definitions contained in Appendix B. If Note: Stipport for Application Software prodticts, it is not clear which priority level applies, then the including subscription to include entitlement to priority level assigned by the customer will be used. maj or and minor releases of the Application However, if a problem clearly belongs in a given Software prodticts, if available, are not included with priority level, then that level will be used. Case the Extreme"7 orks On-site Services, Stibscription severity and level assignment will be deten-nined in and stipport For Extreme's sole discretion. Attachment D Page 61 of 471 Page 135 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. • If Extreme Networks diagnoses that a reported for such product or product component based on the problem is due to non-conformance to published current list price. Failure to return defective parts in a specifications of a supported Operational Software timely manner may result in the suspension of future version, then advance hardware replacement service delivery from Extreme Networks will provide any Operational Extreme Networks. Software fix for the reported non-conformance 0 Providing, at Customer's expense, reasonable available at the time the problem is reported,provided access to the Product through the Internet or via that customer is running on a version of Operational modem to establish a data communication link Software that is currently supported, as identified in between Customer and the Extreme Networks GTAC the Extreme Networks Product End of Life and engineer. In addition, customer must provide Support Plan End of Life Policy. systems' passwords so that problems may be diagnosed and, where possible, corrected remotely. 6.0 Customer Responsibilities 0 Using all reasonable efforts to maintain The Customer is responsible for: software products major releases installed at sites at • Advising Extreme Networks, in writing, of the most current release level. any change of location for Covered Products to 0Using the versions of Operational Software ensure proper dispatch and delivery. currently supported by Extreme Networks. If the • Ensuring that access (point of entry, security Operational Software is a version other than that access) is arranged to both the site and equipment for Which is currently supported, as identified in the receiving the replacement FRU and to enable the Extreme Networks Product End of Life and Support field technician to carry out the hardware Plan End of Life Policy, the customer is required to replacement, and if necessary making personnel purchase the required versions of the product to available to accompany the field technician on site. obtain support. Support for Application Software (For locations requiring special access, such as must be purchased separately under Software government facilities or financial institutions, the Subscription as defined in Extreme's then-current customer needs to provide written documentation Price List, if available. needed to obtain access.) On completion of FRU 7.0 Assumptions replacement, the field technician will leave the site The following assumptions govern the delivery of except as otherwise approved by Extreme Networks. ExtremeWorks On-site Services: • Ensuring that all covered hardware is operational and up to the currently supported revision Acknowledging that the customer's right to level before this service plan goes into effect. Failure use the Operational Software releases is subject to the to do so will exclude that hardware from coverage. software licensing terms of the applicable • Ensuring that the products are used and purchasing/licensing agreement under which the maintained in accordance with the applicable product customer purchased/licensed its products from documentation. Extreme Networks, and any associated terms and • Returning the defective FRU to an authorized conditions contained therein. Extreme Networks repair facility. In the event that 0 On-Site and FRU delivery are subject to the you fail to return the defective FRU within ten (10) hours of coverage and response times as identified in business days of receipt of the replacement FRU, the Appendix. Extreme Networks reserves the right to invoice you Attachment D Page 62 of 471 Page 136 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. • Extreme Networks will make commercially compatible) at the designated customer site within the reasonable efforts to ship, at its expense, a response time set out in the replaceable hardware FRU to arrive at the customer's Appendix. The failed FRU becomes the property of designated location within the specified time frame Extreme Networks on an exchange basis. and based on the parameters indicated in Appendix • Operational Software products major releases A. In certain geographies, the customer may be and upgrades are provided for distribution only to the responsible for the cost of importing replacement customer for use on or with the Extreme Networks- product, including customs and duty fees. Please supplied products on which they operate, in consult with Extreme Networks or your authorized accordance with the Extreme Networks published Extreme Networks Services Partner to learn whether specifications. your location is included. • Operational Software upgrades may be • Extreme Networks will use commercially obtained through Extreme Networks' Web site after reasonable efforts to dispatch a field technician to establishing a web account and are only available for arrive at the customer's designated location to the Covered Product that is registered. Use of perform the on-site replacement. Operational Software upgrades shall be subject to the • For the purpose of providing support services terms and conditions of said software. Extreme Networks will have the right at any time to • Customer will maintain and backup all audit a contracted site through software, remote configuration data. polling or other reasonable means to verify the site's • The terms and conditions of Extreme's in-service inventory against the contracted performance of support and services are included in equipment, to conform to the customer's network Exhibit 4. In the event of any conflict between the size and/or to verify the software eligibility status, language in this Service Description Document and except as otherwise may be prohibited by applicable Extreme Networks published terms and conditions, law. Extreme Networks published terms and conditions • If the customer's Operational Software is a shall govern. version that is not currently supported, and the non- • Unless required for operational reasons and conformance is corrected in a supported version, then elsewhere agreed between the customer and Extreme the customer will be advised to upgrade to obtain Networks, the replacement FRU will be at the then- assistance. Extreme Networks will not incorporate current minimum hardware, software and software software fixes or corrections into versions of release levels as published by Extreme Networks. Operational Software other than those currently • When the hardware or software is part of the supported in accordance with Extreme Networks' same system, it must carry consistent service level Product End of Life and Support Plan End of Life coverage. This includes the chassis,modules, circuit Policy. Extreme Networks does not represent or packs, software and all other supportable components warrant that all non-conformance of the Operational within the system configuration. Software can be corrected. • On-site replacement means the replacement of an identified Extreme Networks-supplied defective FRU by a field technician using a like-for-like equivalent FRU (feature, fit, and function Attachment D Page 63 of 471 Page 137 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 8.0 Exclusions 0 Service availability is subject to geographical The following are completely out of the scope of limitations, as advised by Extreme Networks upon ExtremeWorks On-site Services entitlements and are request. Extreme Networks will have no obligation to not included herein. Professional Services offerings meet the response times outlined in the Appendix A may be available for purchase and Extreme reserves if the customer's site is outside of the geographical the right to charge for any costs incurred with zone of service availability. If the customer purchases performance of services affected by any of the this service for locations outside Extreme Networks following factors below. advised geographical limitations, Extreme Networks • Extreme Networks is not required to provide will be required only to use commercially reasonable any services for problems arising out of: (i) efforts to provide services as soon as practical after Company's failure to implement all Updates issued receipt of a request from the customer. under the Services; (ii) alterations of or additions to • Services such as upgrades to hardware are the Products performed by parties other than excluded from the scope of this SDD and should be Extreme; (iii) accident, natural disasters, terrorism ordered separately. negligence, or misuse of the Products (such as, Labor charges for reinstalling the customer's without limitation, fire, flood, water, wind, lightening system Operational Software (operational or or other acts of God operation outside of application) or end-user configuration software, other than what is provided in the customer's backup copy, environmental specifications or in a manner for which the Products were not designed); (iv) are not included within the scope of this service. This interconnection of the Products with other products is a separately charged and scheduled activity. not supplied by Extreme, or(v) certain components, This service does not include support and including but not limited to the following: spare fan maintenance of any third party software or hardware trays, blank panels, cables, cable kits, rack mount not provided by Extreme Networks. • This service offering and any subsequent kits, brackets, antennas and consumable items. service renewals are subject to the terms and Extreme Networks shall only be obligated to conditions of Extreme Networks Product End of Life support the then-current revision of the Products and the immediately prior revision. Support for any and Support Plan End of Life policy. earlier versions or for other problems not covered New releases and upgrades for Application under the Services maybe obtained at then-current Software, or software releases,updates or upgrades rates for special technical services and on Extreme otherwise out-of--scope as defined herein. Unless elsewhere agreed in writing between Networks then-current terms and conditions for such • services, subject to acceptance by Extreme Networks. the customer and Extreme Networks in a separate Extreme Networks will have no liability or contract, this service does not include root-cause obligations for failure of the products to conform to analysis, the provision of fault reports or lead-time/ published specifications resulting from the performance metrics. combination of the products with any third-party hardware or software not authorized in Extreme Networks published documentation or when caused by customer's inability to use the products if the products are operating substantially in accordance with published specifications. Attachment D Page 64 of 471 Page 138 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A: relating to the defective product by 2 p.m. in the time zone where your nearest Extreme Networks GTAC is ExtremeWorl�s Onsite Services Deliverables located Monday through Friday in order to send a Extreme Networks will make commercially field engineer and the replacement product to your reasonable efforts, at its expense (excluding any and site, by the end of day, the Next Business Day, all duties, taxes or government imposed fees if otherwise Second Business Day service will be applicable) to see that the replacement hardware FRU provided for RMA's approved after 2p.m. and field technician arrive at the customer's designated location within the specified time period Next Business Day Onsite is generally available in based upon the system's Onsite Response Service these geographical locations: Level following completion of diagnostics and the Note: please ciaeck the Extreme Networks Service assignment of an RMA Number. Extreme Networks Availability Matrix for locations that may be will have no obligation to meet the response times excluded, outlined in the appropriate ExtremeWorks Service Description if the customer's site is outside the North America: United State and Canada geographical zone of service availability. Extreme EMEA: Most European Union Countries, Networks is not responsible for any delays related to Switzerland and South Africa import/export or customs regulations or processes, or LATAM: Argentina Brazil Columbia uncontrollable transportation issues including inability Mexico of the customer to allow the actual delivery of oes Australia China India Japan services. Delivery targets for RMA's including but not Philippines limited to oversized/heavy weight items may fall outside the posted SLA. A current list of Extreme 4 Hour Onsite authorized servicing depots that correspond to the 4 Hour Onsite is only available to you within one defined ExtremeWorks services offerings, including hundred(100)miles (160 kilometers) of an Extreme expected onsite response, defined herein is available Networks service parts depot. here. Extreme Networks provides parts and a field All Onsite Service offerings require customer site technician at customer's designated location location pre-approval from Extreme Networks before provided that Extreme Networks has validated a Extreme Networks will accept a purchase order for Hardware failure and a Return Material the applicable Onsite, support plan. Authorization (RMA)number has been assigned. Email: 4liOLlra,.'ailabilit"?(-ctextreiriet'iet-,�/ot'ks,coii-i for Four-Hour Onsite response is available twenty-four confirmation of service delivery availability. (24) hours per day, seven (7) days per week, including Extreme Networks observed holidays. Next Business Day Onsite Please work with your regional service sales manager Where Next Business Day Onsite Services are to determine coverage. available, Extreme Networks must approve the RMA Attachment D Page 65 of 471 Page 139 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Appendix B Case Severity and Escalation Guidelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Service Level Objectives Matrix Restore Time Update Case Priority Response Time (Software Fix or Workaround) Frequency C1: Customer's network segment or management application is down or experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours performance impact with no immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network 1 hour 1 day Daily or management application. C3: Customer has issues that do not affect normal network or management application g hours 10 days 5 days operation and/or questions concerning product function or use. C4: Submission of a product enhancement Immediate N/A N/A /new feature request Acknowledgment If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme. Networks home page. Attachment D Page 66 of 471 Page 140 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Support Life Cycle Communication Matrix Notification Level 9 APs Model Model Number Numbers Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 days Director, Global Technical Immediate 48 hours 10 days Services Vice President, Global Technical 2 hours 72 hours 20 days Services Executive Management 4 hours None None (CTO/EVP Eng) Attachment D Page 67 of 471 Page 141 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks Software Subscription 1.0 Service Overview diagnosis of defect or failures in the Extreme Extreme Networks Software Subscription Service Networks Application Software to conform to offering provides technical support and update and/or published documentation on Covered Products. upgrade support, for Covered Products (as defined Escalation Management—The GTAC is the herein). escalation point for the customer for raising unsatisfactory conditions or immediate concerns Extreme service offerings further grant Customers associated with the service quality on Covered telephone and web access to Extreme Networks Products. Please see Appendix A for additional Global Technical Assistance Center("GTAC") 24 detail. hours a day, 365 days a year (24x7) to report Application Software Updates and Software problems, ask product-related questions and receive Upgrades —Customer is entitled to receive any assistance for Extreme Networks Application Application Software or software upgrades that Software. Extreme Networks may develop and generally release on Covered Products. 2.0 Service Levels ExtremeWorks Software Subscription support has Application Software is defined as software that is the following Services Order Code: not required to operate a network device, such as 9 Managed Devices Service Levels management software. It is not an enhancement to 97003 Software Subscripti the Operational Software and may reside on another "Diaonosis and trotiblesluooting regiiired to identify network device. the faulty Field replaceable Unit("F R LF ) to be replaced must be completed prior to regtiesting the Application Software updates and upgrades may be replacement FRL[ obtained through Extreme Networks' Website after establishing a web account and are only available 3.0 Availability for Covered Product that is registered and subject to ExtremeWorks Software Subscription Service, Extreme's standard published product contracted for a defined period, is available globally, documentation and support/maintenance subject to the conditions herein. entitlements. Use of Application Software updates and upgrades shall be subject to the ExtremeWorks 4.0 Deliverables Support Program Terms and Conditions, in addition ExtremeWorks Software Subscription service to your applicable product license agreement and offering includes the following: purchasing terms and conditions. • GTAC Technical Support—24x7 telephone NOTE- Support for Operational Software prodticts support that provides technical assistance with inch.iding stibscription to incl.isle entitlement to Attachment D Page 68 of 471 Page 142 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. maj or and minor releases of the Operational provide any Application Software fix for the Software produ cts, if available, are not included reported non-conformance available at the time the with the Extreme A7 orks Software Subscription problem is reported, provided that customer is services, Subscription and support for Operational running on a version of Application Software that is Software must be ordered separately via currently supported, as identified in the Extreme Extreme A7 orks services offerinos as further Networks Product End of Life and Support Plan C End of Life Policy. published for availability in accordance with Extreme Networks' then-current Price List, 6.0 Customer Responsibilities Operational Software is defined as embedded The Customer is responsible for: software that is required to operate an Extreme0 Ensuring that all covered Application Networks network device and is offered For sale as Software is operational and tip to the currently an inclusive component of such hardware network supported revision level before this service plan device, goes into effect. Failure to do so will exclude that 0 Access to Extreme Networks' Customer software from coverage. Support Website—which may include, but is not 0 Ensuring that the products are used and limited to (i) status review of known hardware and maintained in accordance with the applicable software problems (ii) access to technical product documentation. documentation (iii) ability to log a case (iv) status 0 Providing, at Customer's expense, view of outstanding RMAs. reasonable access to the Product through the Internet or via modem to establish a data 5.0 Extreme Networks Responsibilities communication link between Customer and the Extreme Networks is responsible for: Extreme Networks GTAC engineer and provide 0 Extreme Networks will measure and systems passwords so that problems may be categorize the case priority level of Application diagnosed and, where possible, corrected remotely. Software problems reported by the customer based 0 Using all reasonable efforts to maintain on the impact on the network and in accordance Application Software products major releases with the classification definitions contained in installed at sites at the most current release level. Appendix A. If it is not clear which priority level 0 Using the versions of Application Software applies, then the priority level assigned by the currently supported by Extreme Networks. If the customer will be used. However, if a problem Application Software is a version other than that clearly belongs in a given priority level, then that which is currently supported, as identified in the level will be used. Case severity and level Extreme Networks Product End of Life and Support assignment will be determined in Extreme's sole Plan End of Life Policy, the customer is required to discretion. purchase the required versions of the product to 0 If Extreme Networks diagnoses that a obtain support. Support for Operational Software reported problem is due to non-conformance to must be purchased separately as defined in published specifications of a supported Application Extreme's then-current Price List, if available. Software version, then Extreme Networks will Attachment D Page 69 of 471 Page 143 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. • Using the versions of Application Software will be advised to upgrade to obtain assistance. currently supported by Extreme Networks. If the Extreme Networks will not incorporate software fixes Application Software is a version other than that or corrections into versions of Application Software which is currently supported, as identified in the other than those currently supported in accordance Extreme Networks Product End of Life and Support with Extreme Networks' Product End of Life and Plan End of Life Policy, the customer is required to Support Plan End of Life Policy. Extreme Networks purchase the required versions of the product to does not represent or warrant that all non- obtain support. conformance of the Application Software can be corrected. 7.0 Assumptions The following assumptions govern the delivery of Application Software products major ExtremeWorks Software Subscription: releases and upgrades are provided for distribution only to the customer for use on or with the Extreme • Acknowledging that the customer's right to Networks-supplied products on which they operate, use the Application Software releases is subject to in accordance with the Extreme Networks published the software licensing terms of the applicable specifications. purchasing/licensing agreement under which the 0 Application Software upgrades may be customer purchased/licensed its products from obtained through Extreme Networks Web site after Extreme Networks, and any associated terms and establishing a web account and are only available conditions contained therein. for the Covered Product that is registered. Use of • For the purpose of providing support Application Software upgrades shall be subject to services, Extreme Networks will have the right at the terms and conditions of said software. any time to audit a contracted site through software, 0 Application Software upgrades may be remote polling or other reasonable means to verify obtained through Extreme Networks' Web site after the site's in-service inventory against the contracted establishing a web account and are only available equipment, to conform to the customer's network for the covered product that is registered. Use of size and/or to verify the software eligibility status, Application Software upgrades shall be subject to except as otherwise may be prohibited by applicable the terms and conditions of said software. law. 0 Customer will maintain and backup all • If there is no available Application Software configuration data.. fix, Extreme Networks will use reasonable 0 The terms and conditions of Extreme's commercial efforts to remedy such non- performance of support and services are as posted conformance, which may include a workaround or here. In the event of any conflict between the other temporary or permanent fix to the Application language in this Service Description Document and Software,provided that the reported problem can be Extreme Networks published terms and conditions, verified and/or recreated by Extreme Networks on Extreme Networks published terms and conditions the then current software version. shall govern. If the customer's software is a version that is not 0 When the hardware or software is part of the currently supported, and the non- conformance is same system, it must carry consistent service level corrected in a supported version, then the customer coverage. This includes the chassis,modules, circuit Attachment D Page 70 of 471 Page 144 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. packs, software and all other supportable combination of the products with any third-parry components within the system configuration. hardware or software not authorized in the Extreme Networks published documentation or when caused 8.0 Exclusions by customer's inability to use the products if the The following are completely out of the scope of products are operating substantially in accordance ExtremeWorks Software Subscription Service with published specifications. entitlements and are not included herein. Professional . Labor charges for reinstalling the customer's Services offerings may be available for purchase and system software (operational or application) or end- Extreme reserves the right to change for any costs user configuration software, other than what is incurred with performance of services affected by provided in the customer's backup copy, are not any of the following factors below. included within the scope of this service. This is a • Extreme Networks is not required to provide separately charged and scheduled activity. any services for problems arising out of: (i) New releases and upgrades for Operational Company's failure to implement all Updates issued Software, or software releases,updates or under the Services; (ii) alterations of or additions to upgrades otherwise out-of-scope as defined the Products performed by parties other than herein. Extreme; (iii) accident, natural disasters, terrorism, Services such as upgrades to hardware are negligence, or misuse of the Products (such as, excluded from the scope of this SDD and should be without limitation, fire, flood, water, wind, ordered separately. lightening or other acts of God, operation outside of . The customer acknowledges that any environmental specifications or in a manner for hardware upgrades, improvements or changes which the Products were not designed); (iv) required to install or use a Application Software interconnection of the Products with other products product major release or update or any part thereof not supplied by Extreme, or(v) certain components, are charged separately from and are in addition to including but not limited to the following: spare fan the charges of the current contract. trays, blank panels, cables, cable kits, rack mount 0 This service does not include support and kits, brackets, antennas and consumable items. maintenance of any third parry software or hardware • Extreme Networks shall only be obligated to not provided by Extreme Networks. support the then-current revision of the Products 0 This service does not include the repair or and the immediately prior revision. Support for any replacement of defective hardware. If Extreme earlier versions or for other problems not covered Networks determines that defective Extreme under the Services may be obtained at then-current Networks hardware causes a reported problem, then rates for special technical services and on Extreme Extreme Networks will advise customer thereof. If Networks then-current terms and conditions for the customer desires to remedy such defect, such services, subject to acceptance by Extreme Extreme Networks and the customer will agree Networks. upon service at the Extreme Networks then • Extreme Networks will have no liability or published per-incident rates, and subsequently obligations for failure of the products to conform to Extreme Networks will recommend an appropriate published specifications resulting from the Attachment D Page 71 of 471 Page 145 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. annual hardware contract to the customer for considerat=ion. • This service offering and any subsequent service renewal is subject=to the t=erms and conditions of the applicable Extreme Networks Product End of Life and Support Plan End of Life policy. • Unless elsewhere agreed in writing between the customer and Extreme Networks in a separate contract, this service does not include root-cause analysis, the provision of fault reports or lead-time/ performance metrics. Attachment D Page 72 of 471 Page 146 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A Case Severity and Escalation Guidelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Service Level Objectives —Matrix Restore time Case Priority Response Time (Software fix or Update Frequency workaround) C1: Customer's network segment or management application is down or experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours performance impact with no immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network or 1 hour 1 day Daily management application. C3: Customer has issues that do not affect normal network or management application g hours 10 days 5 days operation and/or questions concerning product function or use. C4: Submission of a product enhancement/new Immediate N/A N/A feature request Acknowledgment If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty Additional information on GTAC processes and procedures can be found at the Services tab from the Extreme. Networks home page. Support Life Cycle Communication Matrix Notification Levels Cl —Critical C2 —High C3 —Medium Priority Priority Attachment D Page 73 of 471 Page 147 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 days Director, Global Technical Services Immediate 48 hours 10 days Vice President, Global Technical Services 2 hours 72 hours 20 days Executive Management(CTO/EVP Eng) 4 hours None None Attachment D Page 74 of 471 Page 148 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks Software and Global Technical Assistance Center(GTAC) Service 1.0 Service Overview unsatisfactory conditions or immediate concerns Extreme Networks Software and GTAC Service associated with the service quality on Covered offering provides technical support and update and/or Products. See Appendix A for additional detail. upgrade support, for Covered Products (as defined 0 Operational Software Updates and Upgrades— herein). Customer is entitled to receive any Operational Extreme service offerings further grant Customers Software or Operational Software upgrades that telephone and web access to Extreme Networks Extreme Networks may develop and generally Global Technical Assistance Center("GTAC") 24 release on Covered Products. Operational Software hours a day, 365 days a year (24x7) to report is defined as embedded software that is required to problems, ask product-related questions and receive operate an Extreme Networks network device and is assistance for Extreme Networks hardware and offered for sale as an inclusive component of such Operational Software. hardware network device product as described in Extreme Networks' published price list applicable 2.0 Service Levels to such hardware product("Covered Product"). ExtremeWorks Software and GTAC Support has the Operational Software updates and upgrades may be following Services Order Code: obtained through Extreme Networks' Website after Service Order Code Service Levels establishing a web account and are only available 97000 Software and GTAC for Covered Product that is registered and subject to Extreme's standard published product 3.0 Availability documentation and support/maintenance ExtremeWorks Software and GTAC Service, entitlements. Use of Operational Software updates contracted for a defined period, is available and upgrades shall be subject to the ExtremeWorks globally, subject to the conditions herein. Support Program Terms and Conditions, in addition to your applicable product license agreement and 4.0 Deliverables purchasing terms and conditions. ExtremeWorks Software and GTAC service offering NOTE: Support for Application Software products, includes the following: including subscription to include entitlement to major • GTAC Technical Support—24x7 telephone and minor releases of the Application Software support that provides technical assistance with products, if available, are not included with the diagnosis of defect or failures in the Extreme ExtremeWorks Software and GTAC Service. Networks hardware and Operational Software to Subscription and support for Application Software conform to published documentation on Covered must be ordered separately via ExtremeWorks Products. Software Subscription services offerings as further • Escalation Management—The GTAC is the published for availability in accordance with Extreme escalation point for the customer for raising Attachment D Page 75 of 471 Page 149 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Networks' then-current Price List(currently effect. Failure to do so will exclude that hardware categorized as order code 97003). from coverage. • Access to Extreme Networks' Customer 0Ensuring that the products are used and Support Website- which may include, but is not maintained in accordance with the applicable limited to (i) status review of known hardware and product documentation. software problems (ii) access to technical 0Providing, at Customer's expense, reasonable documentation (iii) ability to log a case(iv) status access to the Product through the Internet or via view of outstanding RMAs. modem to establish a data communication link between Customer and the Extreme Networks 5.0 Extreme Networks Responsibilities GTAC engineer and provide systems passwords so Extreme Networks is responsible for: that problems may be diagnosed and, where Extreme Networks will measure and possible, corrected remotely. categorize the case priority level of software • Using all reasonable efforts to maintain problems reported by the customer based on the Operational Software products major releases impact on the network and in accordance with the installed at sites at the most current release level. classification definitions contained in Appendix A. If Using the versions of Operational Software itis not clear which priority level applies, then the currently supported by Extreme Networks. If the priority level assigned by the customer will be used. Operational Software is a version other than that However, if a problem clearly belongs in a given Which is currently supported, as identified in the priority level, then that level will be used. Case Extreme Networks Product End of Life and Support severity and level assignment will be determined in Plan End of Life Policy, the customer is required to Extreme's sole discretion. purchase the required versions of the product to If Extreme Networks diagnoses that a obtain support. Support for Application Software reported problem is due to non-conformance to must be purchased separately under Software published specifications of a supported Operational Subscription as defined in Extreme's then-current Software version, then Extreme Networks will Price List, if available. provide any Operational Software fix for the 7.0 Assumptions reported non-conformance available at the time the The following assumptions govern the delivery of problem is reported,provided that customer is ExtremeWorks running on a version of Operational Software that is currently supported, as identified in the Extreme Software and GTAC Support: Networks Product End of Life and Support Plan End 0 Acknowledging that the customer's right to of Life Policy. use the Operational Software releases is subject to • the software licensing terms of the applicable 6.0 Customer Responsibilities purchasing/licensing agreement under which the The Customer is responsible for: customer purchased/licensed its products from • Ensuring that all covered hardware is Extreme Networks, and any associated terms and operational and up to the currently supported conditions contained therein. revision level before this service plan goes into 0For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, Attachment D Page 76 of 471 Page 150 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. remote polling or other reasonable means to verify 0 The terms and conditions of Extreme's the site's in-service inventory against the contracted performance of support and services are included in equipment, to conform to the customer's network Exhibit 4. In the event of any conflict between the size and/or to verify the software eligibility status, language in this Service Description Document and except as otherwise may be prohibited by applicable Extreme Networks published terms and conditions, law. Extreme Networks published terms and conditions • If there is no available Operational Software shall govern. fix, Extreme Networks will use reasonable 0 When the hardware or software is part of the commercial efforts to remedy such non- same system, it must carry consistent service level conformance, which may include a workaround or coverage. This includes the chassis,modules, circuit other temporary or permanent fix to the Operational packs, software and all other supportable Software,provided that the reported problem can be components within the system configuration. verified and/or recreated by Extreme Networks on the then current software version. 8.0 Exclusions • If the customer's Operational Software is a The following are completely out of the scope of version that is not currently supported, and the non- ExtremeWorks Software and GTAC Service conformance is corrected in a supported version, entitlements and are not included herein. Professional then the customer will be advised to upgrade to Services offerings may be available for purchase and obtain assistance. Extreme Networks will not Extreme reserves the right to change for any costs incorporate software fixes or corrections into incurred with performance of services affected by any versions of Operational Software other than those of the following factors below. currently supported in accordance with Extreme 0 Extreme Networks is not required to provide Networks' Product End of Life and Support Plan any services for problems arising out of: (i) End of Life Policy. Extreme Networks does not Company's failure to implement all Updates issued represent or warrant that all nonconformance of the under the Services; (ii) alterations of or additions to Operational Software can be corrected. the Products performed by parties other than • Operational Software products major releases Extreme; (iii) accident, natural disasters, terrorism, and upgrades are provided for distribution only to negligence, or misuse of the Products (such as, the customer for use on or with the Extreme without limitation, fire, flood, water, wind, Networks supplied products on which they operate, lightening or other acts of God, operation outside of in accordance with the Extreme Networks published environmental specifications or in a manner for specifications. which the Products were not designed); (iv) • Operational Software upgrades may be interconnection of the Products with other products obtained through Extreme Networks' Web site after not supplied by Extreme, or(v) certain components, establishing a web account and are only available for including but not limited to the following: spare fan the Covered Product that is registered. Use of trays, blank panels, cables, cable kits, rack mount Operational Software upgrades shall be subject to kits, brackets, antennas and consumable items. the terms and conditions of said software. 0 Extreme Networks shall only be obligated to • Customer will maintain and backup all support the then-current revision of the Products and configuration data.. the immediately prior revision. Support for any earlier versions or for other problems not covered Attachment D Page 77 of 471 Page 151 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. under the Services may be obtained at then-current rates, and subsequently Extreme Networks will rates for special technical services and on Extreme recommend an appropriate annual hardware contract Networks then-current terms and conditions for such to the customer for consideration. services, subject to acceptance by Extreme 0 This service offering and any subsequent Networks. service renewal is subject to the terms and conditions • Extreme Networks will have no liability or of the applicable Extreme Networks Product End of obligations for failure of the products to conform to Life and Support Plan End of Life policy. published specifications resulting from the 0 New releases and upgrades for Application combination of the products with any third-party Software, or software releases,updates or upgrades hardware or software not authorized in the Extreme otherwise out-of-scope as defined herein. Networks published documentation or when caused 0 Unless elsewhere agreed in writing between by customer's inability to use the products if the the customer and Extreme Networks in a separate products are operating substantially in accordance contract, this service does not include root-cause with published specifications. analysis, the provision of fault reports or lead- • Labor charges for reinstalling the customer's time/performance metrics. system Operational Software (operational or application) or enduser configuration software, other than what is provided in the customer's backup copy, are not included within the scope of this service. This is a separately charged and scheduled activity. • Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. • The customer acknowledges that any hardware upgrades, improvements or changes required to install or use an Operational Software product major release or update or any part thereof are charged separately from and are in addition to the charges of the current contract. • This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. • This service does not include the repair or replacement of defective hardware. If Extreme Networks determines that defective Extreme Networks hardware causes a reported problem, then Extreme Networks will advise customer thereof. If the customer desires to remedy such defect, Extreme Networks and the customer will agree upon service at the Extreme Networks then published per-incident Attachment D Page 78 of 471 Page 152 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A Case Severity and Escalation Guidelines Extreme Networks will measure and categorize the case priority level of hardware/software problems reported by the customer based on the impact on the network and in accordance with the classification in the table below. If it is not clear which case priority level applies, then the Support Level Objectives Matrix case priority level assigned by the customer will initially be used. However, if a problem clearly belongs in a given case priority level as defined below, then that level will be used. Notwithstanding the foregoing, case severity and level assignment will be determined in Extreme's sole discretion. Restore Time Update Case Priority Response Time (Software Fix or Workaround) Frequency C1: Customer's network segment or management application is down or experiencing a consistent measurable performance impact with no 15 Minutes 4 hours Up to 4 hours immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network or management 1 Hour 1 Day Daily application. C3: Customer has issues that do not affect normal network or management application operation 8 Hours 10 Days 5 Days and/or questions concerning product function or use. C4: Submission of a product enhancement/new Immediate N/A N/A feature request Acknowledgement, If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty. Additional information on GTAC processes and procedures exhcan be found at the Services tab from the Extreme Networks home page. Support Life Cycle Communication Matrix Notification Levels C1 - Critical C2 -High C3 -Medium Priority Priority Support Engineer Immediate Immediate Immediate GTAC Manager Immediate Immediate 10 Days Director Global Technical Services Immediate 48 Hours 10 Days Vice President, Global Technical Services 2 Hours 72 Hours 20 Days Executive Management(CTO/EVP Eng) 4 Hours None None Attachment D Page 79 of 471 Page 153 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 8 Product Warranty Table Part Class Model Product Description Warranty End- Number of- Supp ort 10033 Summit Pwr Cord IOACEE 7/7C13 Pwr Cord IOACEE No 7/71EC32OC 13 Warrant 10034 Summit Pwr Cord 10AB S 13 63 C 13 Pwr No CordlOABS1363IEC320 Warranty C13 10035 Summit Pwr Cord 10AB S546C 13 Pwr No Cord I OAB S5461EC320C Warranty 13 10036 Summit Pwr CordlOAAS3112C13 Pwr No Cord IOAAS3112IEC320 Warranty C13 10037 Summit Pwr Cord 10ASEC 1011 C 13 Pwr No Cord IOASEC1011IEC320 Warranty C13 10038 Summit Pwr Cord 10ACEI Pwr Cord 10ACEI No 2316/VIIC13 2316/VIIIEC32OC13 Warrant 10039 Summit Pwr Cord 10AGB 1002 Pwr Cord 10AGB 1002 1 Year YP03 C 13 YP031EC32OC 13 Warrant 10041 BD 8K Pwr Cord IOANEMA Pwr Cord IOANEMA 1 Year 515PC13RA 515PIEC32OC13Right Warranty Angle 10042 8K Pwr Pwr 1 Year Cord12AJlSC8303CI3RA Cord 12AJISC83031EC32 Warranty OC13RA 10043 BD 8K Pwr Cord 10ACEE Pwr Cord 10ACEE No 7/7C13RA 7/7IEC32OC13Right Warranty Angle 10044 8K Pwr Pwr No CordIOABS1363CI3RA CordlOABS13631EC320 Warranty C13Ri ht Angle 10045 BD 8K Pwr Pwr No CordIOABS546CI3RA Cord 10 S5461EC320C Warranty 13Ri ht Angle 10046 BD 8K Pwr Pwr No Cord IOAAS3112C13 Cord IOAAS3112IEC320 Warranty C13Ri ht Angle Attachment D Page 80 of 471 Page 154 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10047 BD 8K Pwr Pwr No CordlOASEC1011C13RA COrdlOASECI011IEC320 Warranty C13Ri ht Angle 10048 BD 8K Pwr Cord IOACEI Pwr Cord IOACEI No 2316/VIIRA 2316/VIIIEC320C13Right Warranty Angle 10049 BD 8K Pwr Cord IOAG 1002 Pwr Cord IOAG 1002 1 Year 03 C l3RA YP031EC32OC13RA Warrant 10058 Optics IOOBASEBXD BiDi SFP 100BASEBXD 1 Year Bidirecttion Downstream Warranty SFP module SMF IOkm link LCconnector for Fast Ethernet SFP Port 10059 Optics IOOBASEBXU BiDi SFP 100BASEBXU 1 Year Bidirecttion Downstream Warranty SFP module SMF IOkm link LCconnector for Fast Ethernet SFP Port 10060 Optics 100FX/1000LX miniGBIC MiniGBIC SFP dualspeed 1 Year 100 LX/ 1000 LX LC Warranty connector 10061 Summit Pwr Cord I OANEMA Pwr Cord I OANEMA 1 Year 515PC 13 515PIEC320C 13 Warrant 10062 Summit Pwr Cord I2AJISC8303C13 Pwr 1 Year Cord I 2AJISC83 031EC32 Warranty OC13 10063 Optics IOOFX miniGBIC Module MiniGBIC SFP 100FX 1 Year MMF LC connector Warrant 10065 Optics 10/100/1000BASET SFP 10/100/1000BASET SFP 1 Year module CATS cable 100m Warranty link RJ45connector for Giga Bit Ethernet SFP Port. 10066 Optics 100BASELXIO SFP 100BASELXIO SFP 1 Year module SMF IOkm link Warranty LCconnector for Fast Ethernet SFP Port. 10067 Optics IOOBASEFX SFP IOOBASEFX SFP module 1 Year MMF 2km link Warranty LCconnector for Fast Ethernet SFP Port. Item 10088 BD 8K Pwr Cord IOANEMA Power Cord IOANEMA 1 Year L615PC 13RA L615PIEC320C13Right Warranty Angle Attachment D Page 81 of 471 Page 155 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10089 Summit PWR Power Cord IOA No CORD IOAAUSAS3112CI AUSTRALIA AS3112 Warranty 5 IEC320C 15 10090 Summit PWR CORD I OACHINA Power Cord I OA CHINA No GB 1002 GB 1002 Warrant 10092 Summit PWR Power Cord IOA SOUTH No CORD IOASAS 5164/1C AFRICA SS 164/1 Warranty 15 IEC320C 15 10093 Summit PWR Power Cord IOA No CORD I OADENMARKSR DENMARKSRAF Warranty AFC 15 IEC320C 15 10094 Summit PWR Power Cord IOA No CORD I OAEUROPECEE7 EUROPE CEE7 Warranty C15 IEC320C 15 10095 Summit PWR Power Cord 12A BRAZIL No CORD12ABRNBRI4136C NBR14136IEC320C15 Warranty 15 10096 Summit PWR Power Cord IOA UK BS No CORD 10AUKB S 13 63 C 15 1363 IEC320C 15 Warrant 10097 Summit PWR Power Cord 10A SWISS No CORD IOASWISSSEV101 SEV1011IEC320C15 Warranty 1C15 10098 Summit PWR Power Cord 12A JAPAN No CORD 12AJAPANJIS8303 JIS 8303 IEC320C15 Warranty C15 10099 Summit PWR Power Cord 15A USA No CORD I 5AUSANEMA515 NEMA 515 IEC320C15 Warranty C15 10100 Summit PWR CORD ISA Power Cord 15A No ROW/USA C14C15 ROW/USA Jumper Warranty IEC320C14 IEC320C15 10121 Optics SR XFP Module IOGBASESR XFP LC 1 Year Connector Warrant 10122 Optics LR XFP Module I OGBASELR XFP LC 1 Year Connector Warrant 10124 Optics ER XFP Module I OGBaseER XFP 40km 1 Year reach LC connector Warrant 10125 Optics ZR XFP module 10 Gigabit Ethernet XFP 1 Year module 1550nm SMF Warranty 80km LC connector 10200 Optics Tunable DWDM XFP 10 Gigabit Ethernet XFP 1 Year Tunable DWDM module Warranty Cband SMF 80km LC connector Attachment D Page 82 of 471 Page 156 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10202 Optics 1m QSFP+to 4xSFP+ QSFP+to 4 x SFP+ 1 Year fanout26 AWG fanout copper cable 26 Warranty AWG 1m length. 10203 Optics 2m QSFP+to 4xSFP+ QSFP+to 4 x SFP+ 1 Year fanout26 AWG fanout copper cable 26 Warranty AWG 2m length. 10301 Optics SR SFP+ module 10 Gigabit Ethernet SFP+ 1 Year module 850nm MMF Warranty 26300m link LC connector 10302 Optics LR SFP+ module 10 Gigabit Ethernet SFP+ 1 Year module 1310nm SMF Warranty 10km link LC connector 10303 Optics LRM SFP+ module LRM SFP+MOdule0 1 Year Gigabit Ethernet SFP+ Warranty module 1310nm MMF 220m link LC connector 10304 Optics 1m SFP+ Cable 10 Gigabit Ethernet SFP+ 1 Year passive cable assembly Warranty 1m length. 10305 Optics 3m SFP+ Cable 10 Gigabit Ethernet SFP+ 1 Year passive cable assembly Warranty 3m length. 10306 Optics 5m SFP+ Cable 10 Gigabit Ethernet SFP+ 1 Year passive cable assembly Warranty 5m length. 10307 Optics 10m SFP+ Cable 10 Gigabit Ethernet SFP+ 1 Year passive cable assembly Warranty 10m len th. 10309 Optics ER SFP+ module 10 Gigabit Ethernet SFP+ 1 Year module 1550nm SMF Warranty 40km link LC connector 10310 Optics ZR SFP+ module 10 Gigabit Ethernet SFP+ 1 Year module 1550nm SMF Warranty 80km LC connector 10311 Summit 0.5m QSFP+Passive 40 Gigabit Ethernet 1 Year Copper Cable QSFP+ passive copper Warranty cable assembly 0.5 length. 10312 Summit 1m QSFP+Passive Copper 40 Gigabit Ethernet 1 Year Cable QSFP+ passive copper Warranty cable assembly 1m length. 10313 Summit 3m QSFP+Passive Copper 40 Gigabit Ethernet 1 Year Cable QSFP+ passive copper Warranty cable assembly 3m length. Attachment D Page 83 of 471 Page 157 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10315 Summit 10m QSFP+ Active Optical 40 Gigabit Ethernet I Year Cable QSFP+ active optical Warranty cable assembly 10m length. 10316 Summit 20m QSFP+ Active Optical 40 Gigabit Ethernet I Year Cable QSFP+ active optical Warranty cable assembly 20m length. 10318 Summit 100m QSFP+ Active 40 Gigabit Ethernet I Year Optical Cable QSFP+ active optical Warranty cable assembly 100m length. 10319 Optics QSFP+ SR4 Module 40 Gigabit Ethernet I Year QSFP+ SR4 optical Warranty module MPO connector 100m link length. 10320 Optics QSFP+40GBASELR4 40 Gigabit Ethernet I Year QSFP+LR4 optical Warranty module LC connectors I Okm SMF link length 10321 Summit QSFP+ 4xSFP+ fanout cbl QSFP+to 4 x SFP+ I Year 3m fanout copper cable 3m Warranty 10322 Summit QSFP+ 4xSFP+ fanout cbl QSFP+to 4 x SFP+ I Year 5m fanout copper cable 5m Warranty 10323 Summit 5m QSFP+Passive Copper 40 Gigabit Ethernet I Year Cable QSFP+ passive copper Warranty cable assembly 5m length. 10325 Optics Tunable DWDM SFP+ 10 Gigabit Ethernet SFP+ I Year Tunable DWDM module Warranty SMF 80km LC connector 10326 Optics QSFP+PSM Optical QSFP+ (4XI0GBASE) I Year Module breakout optical module Warranty MPO connector lOkm SMF link length 10327 Optics MPO to 4xLC breakout MPO to 4 x LC breakout I Year patch cable SM 10m patch cable SingleMode Warranty lom 10328 Summit 3rd Party Optics Lic ExtremeXOS 3rd Party No X480/X460 Optics (40ExtremeXOS Warranty 3rd Party Optics (40G and 100G)FeaturePack for X460G2 X480 10329 Optics 40Gb BiDi MMF QSFP+ 40Gb Bidirectional MMF I Year 100m OM3 QSFP+LC Warranty 10330 Optics CFP2 100GBASELR4 100 Gigabit EthernetLR4 I Year I module I CPF2 optical module LC I Warranty I Attachment D Page 84 of 471 Page 158 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. connector 10km SMF link length 10331 Optics CFP2 100GBASESRI0 100 Gigabit EthernetSR10 1 Year module CPF2 optical module Warranty MPO connector loom link length 10332 Optics MPO4xLC patch cable MPO to 4xLC breakout 1 Year OM4 5m patch cable OM4 MMF Warranty 5m 10334 Optics 40Gb LM4 QSFP+ 40Gb LM4 140m OM3 1 Year F lKm SMF QSFP+ Warranty LC 10335 Optics 40Gb E4 QSFP+ 40Gb ER4 40Km SMF 1 Year QSFP+LC Warrant 10336 Optics 3m QSFP+ Active Optical 40 Gigabit Ethernet 1 Year Cable QSFP+ active optical Warranty cable assembly 3m length 10337 Optics 5m QSFP+ Active Optical 40 Gigabit Ethernet 1 Year Cable QSFP+ active optical Warranty cable assembly 5m length 10338 Optics 10Gb SFP+ 10GBASET 10Gb SFP+ 10GBASET 1 Year RJ45 30m with Cat6a Warrant 10345 Optics MPO patch cable OM3 3m MPO to MPO Patch cable 1 Year 12 fiber pinless Warranty MPO/MTP connectors OM3 MMF Type B 3 10346 Optics MPO patch cable OM3 MPO to MPO Patch cable 1 Year loom 12 fiber pinless Warranty MPO/MTP connectors OM3 MMF Type B loom 10401 Optics 100Gb QSFP28 SR4 MMF 100Gb 100GBASESR4 1 Year 70m OM3 / loom OM4 Warranty MMF QSFP28 MPO 10403 Optics 100Gb QSFP28 L4 lOkm 100Gb 100GASEL4 1 Year 10km SMF QSFP28 LC Warrant 10404 Optics 100Gb QSFP28 CWDM4 100Gb CWDM4 2km 1 Year SMF QSFP28 LC Warrant 10405 Optics 100Gb QSFP28 PSM4 100Gb PSM4 2km SMF 1 Year QSFP28 MPO Warrant 10406 Optics 100Gb SWDM4 NPvIF 100Gb QSFP28 SWDM4 1 Year 75m OM3 / loom OM4 Warranty MMF LC 10410 Optics 100Gb DAC 100Gb QSFP28QSFP28 1 Year QSFP28QSFP28 0.5m Direct attach passive Warranty Copper cable 0.5 Attachment D Page 85 of 471 Page 159 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10411 Optics 100Gb DAC 100Gb QSFP28QSFP28 1 Year QSFP28QSFP28 1m Direct attach passive Warranty Copper cable 1m 10413 Optics 100Gb DAC 100Gb QSFP28QSFP28 1 Year QSFP28QSFP28 3m Direct attach passive Warranty Copper cable 3 10414 Optics 100Gb DAC 100Gb QSFP28QSFP28 1 Year QSFP28QSFP28 5m Direct attach passive Warranty Copper cable 5 10421 Optics 100Gb DAC 100Gb QSFP284 x SFP28 1 Year QSFP284xSFP28 1m (4x25Gb)Direct attach Warranty passive copper breakout 1m 10423 Optics 100Gb DAC 100Gb QSFP284 x SFP28 1 Year QSFP284xSFP28 3m (4x25Gb)Direct attach Warranty passive copper breakout 3 10424 Optics 100Gb DAC 100Gb QSFP284 x SFP28 1 Year QSFP284xSFP28 5m (4x25Gb)Direct attach Warranty passive copper breakout 5 10426 Optics 100Gb DAC 100Gb QSFP282 x 1 Year QSFP282xQSFP28 1m QSFP28 (2x50Gb)Direct Warranty attach passive copper breakout 1m 10428 Optics 100Gb DAC 100Gb QSFP282 x 1 Year QSFP282xQSFP28 3m QSFP28 (2x50Gb)Direct Warranty attach passive copper breakout 3m 10434 Optics 100Gb AOC QSFP28 5m 100Gb QSFP28QSFP28 1 Year Active optical cable 5m Warrant 10435 Optics 100Gb AOC QSFP28 7m 100Gb QSFP28QSFP28 1 Year Active optical cable 7m Warrant 10436 Optics 100Gb AOC QSFP28 10m 100Gb QSFP28QSFP28 1 Year Active optical cable 10m Warrant 10437 Optics 100Gb AOC QSFP28 20m 100Gb QSFP28QSFP28 1 Year Active optical cable 20m Warrant 10441 Optics 100Gb AOC QSFP28 x 4 100Gb QSFP28 4xSFP28 1 Year SFP28 5m (4x25Gb) Active optical Warranty breakout cable 5m 10442 Optics 100Gb AOC QSFP28 x 4 100Gb QSFP28 4xSFP28 1 Year SFP28 7m (4x25Gb) Active optical Warranty breakout cable 7m 10443 Optics 100Gb AOC QSFP28 x 4 100Gb QSFP28 4xSFP28 1 Year SFP28 10m (4x25Gb) Active optical Warranty breakout cable 10m Attachment D Page 86 of 471 Page 160 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10444 Optics 100Gb AOC QSFP28 x 4 100Gb QSFP28 4xSFP28 1 Year SFP28 20m (4x25Gb) Active optical Warranty breakout cable 20m 10446 Optics 100Gb AOC 100Gb QSFP28 2 x 1 Year QSFP282xQSFP28 5m QSFP28 (2x50Gb) Active Warranty Optical Breakout Cable 5m 10447 Optics 100Gb AOC 100Gb QSFP28 2 x 1 Year QSFP282xQSFP28 7m QSFP28 (2x50Gb) Active Warranty Optical Breakout Cable 7m 10448 Optics 100Gb AOC 100Gb QSFP28 2 x 1 Year QSFP282xQSFP28 10m QSFP28 (2x50Gb) Active Warranty Optical Breakout Cable 10m 10449 Optics 100Gb AOC 100Gb QSFP28 2 x 1 Year QSFP282xQSFP28 20m QSFP28 (2x50Gb) Active Warranty Optical Breakout Cable 20m 10501 Optics 25Gb SFP28 SR MMF 25Gb SFP28 1 Year 25GBASESR 70m OM3 / Warranty 100m OM4 MMF LC 10502 Optics 25Gb SFP28 SR LiteFEC 25Gb SR LiteFEC 50m 1 Year MMF OM3 /70m OM4 RSFEC Warranty 70m OM3 / 100m OM4 F LC 10503 Optics 25Gb SFP28 ESR MMF 25Gb SFP28 ESR 1 Year extended range 300m Warranty OM3 /400m O4 MMF LC 10504 Optics 25Gb SFP28 LR 10km 25Gb SFP28 LR 10km 1 Year SMF SMF LC Warrant 10506 Optics QSFP28 SFP28 Adapter QSFP28 SFP28 Slot 1 Year Adapter Warrant 10520 Optics 25Gb DAC SFP28SFP28 25Gb SFP28SFP28 1 Year 1m Passive Copper Direct Warranty Attach Cable 1m 10521 Optics 25Gb DAC SFP28SFP28 25Gb SFP28SFP28 1 Year 3m Passive Copper Direct Warranty Attach Cable 3m 10522 Optics 25Gb DAC SFP28SFP28 25Gb SFP28SFP28 1 Year 5m Passive Copper Direct Warranty Attach Cable 5m 10530 Optics 25Gb AOC SFP28SFP28 25Gb SFP28SFP28 1 Year 10m Active Optical Cable 10m Warrant Attachment D Page 87 of 471 Page 161 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10531 Optics 25Gb AOC SFP28SFP28 25Gb SFP28SFP28 I Year 20m Active Optical Cable 20m Warranty 10911 Summit EPS500 External AC PSU External Power System Limited 03/31/ 500 Watts with cable Lifetime 2022 Warranty with express Advanced Hardware Replacem ent 10916 Summit Summit X650/X480 FAN FAN module for Summit I Year module X650 and Summit X480 Warranty series switches spare 10917 Summit Summit 450W AC PSU FB 450W AC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10918 Summit Summit 450W DC PSU FB 450W DC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10923 Summit S500p External PoE+Redundant Limited Power Supply Unit 500 Lifetime Watts with cable Power Warranty cord ordered separately with express Advanced Hardware Replacem ent 10925 Summit Summit 550W AC PSU FB 550W AC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10926 Summit Summit 550W DC PSU FB 550W DC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10927 Summit Summit 550W AC PSU BF 550W AC Power Supply I Year module for Summit Warranty switches BacktoFront airflow 10928 Summit Summit 550W DC PSU BF 550W DC Power Supply I Year module for Summit Warranty Attachment D Page 88 of 471 Page 162 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. switches BacktoFront airflow 10931 Summit Summit 750W PoE AC 750W PoE AC Power Limited PSU Supply Module Lifetime Warranty with express Advanced Hardware Replacem ent 10932 Summit RPS 150 XT External Redundant 1 Year Power Supply Unit 150 Warranty Watts with cable Extended Temparture Range from 0 to +60 degrees Celsius Power cord ordered separately 10933 Summit Summit 30OW+24V/48V 30OW+24V/48V DC Limited DC PSU Power Supply Module for Lifetime the X460 and the E4G400 Warranty platforms with express Advanced Hardware Replacem ent 10935 Summit Summit X460 FAN Module FAN Module for Summit Limited 12/31/ X460 Series Switches Lifetime 2022 spare Warranty with express Advanced Hardware Replacem ent 10936 Summit EPSC2 External Power System 1 Year Chassis 2. Accepts up to Warranty three Summit 750W AC PoE PSU 48V power supplies. Accepts up to 5 EPSCBL2x7 or up to 1 EPSCBL2x9 cables. 10939 Summit EPS Cable 2x7 External Power System 1 Year Cable (1M with 2x7 pin) Warranty that connects EPS to an Attachment D Page 89 of 471 Page 163 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Summit X440 or X450G2 for providing redundant power 10940 Summit EPS Cable 2x9 External Power System I Year II/Ol/ (EPS) Cable (with 2x9 Warranty 2023 pin)that connects EPS to a X250e48p or a X450e48p for providing additional DC power. 10941 Summit Summit I I OOW AC PSU 1100 Watt AC PoE Power Limited FB Supply module with Lifetime FronttoBack airflow Warranty with express Advanced Hardware Replacem ent 10942 Summit Summit I I OOW AC PSU I I OOW AC Power Supply Limited BF Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacem ent 10943 Summit Summit 30OW AC PSU BF 30OW AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacem ent 10944 Summit Summit 30OW DC PSU BF 30OW DC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacem ent Attachment D Page 90 of 471 Page 164 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10945 Summit Summit Fan module FB Fan Module for Summit Limited X460G2/X45OG2 Series Lifetime Switches front to back Warranty airflow with express Advanced Hardware Replacem ent 10946 Summit Summit X460G2 Fan FAN Module for Summit Limited module BF X460G2 Series Switches Lifetime back to front airflow Warranty with express Advanced Hardware Replacem ent 10947 Summit C5 to C14 Converter Power dongle for No converting an WC C5 Warranty lu to IEC C14 plug 10948 Summit RPS90 External Redundant I Year Power Supply Unit 90 Warranty Watts with cable Power cord ordered separately 10949 Summit Pwr Cord 2.5AGB 1002 Pwr Cord 2.5AGB 1002 No IEC320C5 JEC320C5 for China Warranty 10950 E4G E4G DC Pwr Conn Conv E4G DC Power Connector I Year 12/31/ Cable Converter Cable from Warranty 2024 3pin to 4pin (50mm length). It is for connection between E4G200DC/router(3Pin) and ASTEC AC/DC Adapter Model AD 10048P3 (4Pin). 10951 Summit Summit 715W PoE AC 715W AC PoE Power Limited PSU FB Supply Module with front Lifetime to back airflow Warranty with express Advanced Hardware Replacem ent Attachment D Page 91 of 471 Page 165 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10952 Summit Summit 715W AC PSU BF 715W AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacem ent 10953 Summit 350W AC PSU FB 350W AC Power Supply Limited Module front to back Lifetime airflow Warranty with express Advanced Hardware Replacem ent 10954 Summit 350W AC PSU BF 350W AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacem ent 10958 Summit HDX to FDX Converter External converter for the Limited ROW international market that Lifetime can use a CEE 7/1 plug to Warranty connect up to four with halfduplex devices to four express full duplex switch ports. Advanced Does NOT support Hardware PoEpass through. External Replacem power supply and cord ent with CEE 7/1 plug included 10959 Summit HDX to FDX Converter External converter for the Limited NA North American market to Lifetime connect up to four Warranty halfduplex devices to four with full duplex switch ports. express Does NOT support Advanced PoEpass through. External Hardware power supply and cord Attachment D Page 92 of 471 Page 166 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. with NEMA 115P plug Replacem included ent 10960 Summit PSU55Wx40.2Tx322Lmm7 770W AC power supply 1 Year 70WACFB FronttoBack airflow Warrant 10961 Summit PSU55Wx40.2Tx322Lmm7 770W AC power supply 1 Year 70WACBF BacktoFront airflow Warrant 10962 Summit PSU55Wx40.2Tx322Lmml 1100W DC power supply 1 Year 100WDCFB FronttoBack airflow Warrant 10963 Summit PSU55Wx40.2Tx322Lmml 1100W DC power supply 1 Year 100WDCBF BacktoFront airflow Warrant 10965 Smart LRM/MACsec Adapter Extreme Switching 1 Year OmniEdge LRM/MACsec Adapter Warranty Switching two SFP+network ports (unpopulated) and two host cables with integrated SFP/SFP+transceivers for host switch connection 10966 Smart 5 Unit Rack Mount Kit Optional multi unit rack 1 Year OmniEdge LRM/MACsec Adapter mount bracket for Warranty Switching LRM/MACsec Adapter. Holds five units in IRU 11011 Summit Direct Attach Feature Pack Direct Attach Feature Software Pack for Summit Warranty X45 0a/X460/X460G2/X4 80 X650 X670/X670G2 X770 and BlackDiamond 8800 X Series 12101 Summit ReachNXT 1008t 8 10/100BASETX 1 Limited Gigabit combo ports (1 Lifetime unpopulated Gigabit SFP Warranty - and 10/100/1000BASET) 10 Business Day Ship 12102 Summit ReachNXT 1008t AC Optional AC power 1 Year 12/31/ Power Adapter adapter with 3 attachable Warranty 2023 power pins/plugs AC input 100240V 50/60Hz Max 0.5A DC output 12V 1.25A 12103 Summit ReachNXT 1008t Mounting 1 pair of magnets and 1 1 Year Kit metal mounting plate for Warranty placing the ReachNXT 1008t product underneath a table or on a wall Attachment D Page 93 of 471 Page 167 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15710 Wireless Summit WM3700 WLAN Summit WM3700 AN I Year 06/30/ Controller controller with 4xGE Warranty 2020 Cu/SFP ports NFE management port and Ix serial console port. Hasl CIF card slot 2 USB slots. Can manage up to 1024 Access Points. AP capacity and feature licenses sold separately. Power cord sold separately. 15711 Wireless 16AP Lic for Summit 16 AP capacity license for Software 06/30/ WM3700 Summit WM3700 Warranty 2020 controller. Shipped as a voucher. 15712 Wireless 64AP Lic for Summit 64 AP capacity license for Software 06/30/ WM3700 Summit WM3700 Warranty 2020 controller. Shipped as a voucher. 15713 Wireless RTLS Lic for Summit Real Time Location Software 06/30/ WM3700 System (RTLS) feature Warranty 2020 upgrade license for Summit WM3700 controller. Enables the API between the RTLS engine in controller and 3rd party RTLS application. 15714 Wireless Summit WM3600 WLAN Summit WM3600 WLAN I Year 06/30/ Controller controller with Ix GE Warranty 2020 Cu/SFP Uplink port 8x GE PoE ports Ix FE Mgmt port Ix USB 2.0 Host Ix ExpressCard Slot Ix PCIX Ix Serial Port 2 USB slots. Can manage up to 256 APs. Licenses sold separately. Power cord sold separately. 15715 Wireless 16 AP Lic for Summit 16 AP capacity license for Software 06/30/ WM3600 Summit WM3600 Warranty 2020 controller. Shipped as a voucher. Attachment D Page 94 of 471 Page 168 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15716 Wireless RTLS Lic for Summit Real Time Location Software 06/30/ WM3600 System (RTLS) feature Warranty 2020 upgrade license for Summit WM3600 controller. Enables the API between the RTLS engine in controller and 3rd party RTLS application. 15717 Wireless Summit WM3400 WLAN Summit WM3400 WLAN I Year 06/30/ Controller controller with 5xGE Warranty 2020 PoE+LAN ports IxGE WAN port and Ix serial console port. Includes Ix ExpressCard Slot and Ix USB port. Bundled with support for 6 Access Points. Includes universal AC power module. Region specific power cord for power module sold separately. Requires Summit WM3 000 series software R4.2 or above 15718 Wireless 256 AP Lic for Summit 256 AP capacity license Software 06/30/ WM3700 for Summit WM3 700 Warranty 2020 controller. Shipped as a voucher 15719 Wireless 64 AP Lic for Summit 64 AP capacity upgrade Software 06/30/ WM3600 license for Summit Warranty 2020 WM3600 controller. Shipped as a voucher with instructions on logging to the Extreme License server and generating the license key 15724 Wireless Altitude 461OUS abgn InAn Altitude 4610 dualradio Limited 06/30/ AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for US Warranty regulatory domain. Has Wing one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes internal omnidirectional antennas. Attachment D Page 95 of 471 Page 169 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Suitable for wall or below ceiling mount to TBars with builtin mounting brackets. IEEE 802.3af PoE powered or use a suitable midspan PoE injector 15725 Wireless Altitude 4610ROW abgn Altitude 4610 dualradio Limited 06/30/ InAn AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for Rest of Warranty the World regulatory Wing domainexcept Israel. Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes internal omnidirectional antennas. Suitable for wall or below ceiling mount to TBars with builtin mounting brackets. IEEE 802.3af PoE powered or use a suitable midspan PoE injector 15727 Wireless Altitude 4610EU abgn Altitude 4610 dualradio Limited 06/30/ InAn AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for European Warranty Union regulatory domain. Wing Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes internal onmidirect 15730 Wireless Altitude 4620US abgn Altitude 4620 dualradio Limited 06/30/ ExAn AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for US Warranty regulatory domain. Has Wing one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable external omnidirectional antennas. Plenum rated. Suitable for Attachment D Page 96 of 471 Page 170 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. wall or above the ceiling mount with builtin mounting brackets. Comes with a light pipe to display LED activity below the drop down ceiling. IEEE 802.3af PoE powered or use a suitable midspan PoE injector 15731 Wireless Altitude 4620ROW abgn Altitude 4620 dualradio I Year 06/30/ ExAn AP 802.11 a/b/g/n indoor Warranty 2020 Access Point for Rest of the World regulatory domainexcept Israel. Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable external omnidirectional antennas. Plenum rated. Suitable for wall or above the ceiling mount. Comes with a light pipe to display LED activity below the drop down ceiling. IEEE 802.3af PoE powered or use a suitable midspan PoE injector 15734 Wireless 3G Lic for Summit 3G feature upgrade Software 06/30/ WM3600 license for Summit Warranty 2020 WM3600 controller. Enables the operation of an approved 3G card plugged into the express card slot in Summit WM3600. Require relevant 3G service from cellular carrier. Approved 3 G card for the 3 G service to be procured from 3rd party supplier. Attachment D Page 97 of 471 Page 171 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15735 Wireless Altitude 461 IROW abgn Altitude 4611 singleradio Limited 06/30/ IntAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Rest Warranty of World regulatory Wing domain. Includes an internal omnidirectional antenna and Ix 10/100/1000 PoE port. Managed by Summit WM3000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15736 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ WM3600 upgrade license for Warranty 2020 Summit WM3600 controller. Enables Role Based Firewall Configuration and increases number of IP SEC VPN tunnels from 100 to 1024. Shipped as a voucher. 15737 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ WM3700 upgrade license for Warranty 2020 Summit WM3700 controller. Enables Role Based Firewall Configuration and increases number of IP SEC VPN tunnels from 600 to 2048. Shipped as a voucher. 15738 Wireless Rackmount kit for Summit Rack mount kit for I Year 06/30/ WM3400 mounting Summit Warranty 2020 WM3400 controller and the power module to a 19 rack. Optional accessory 15749 Wireless Altitude 4621ROW abgn Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Rest Warranty of World regulatory Wing domainexcluding Israel. Includes 3x detachable external omnidirectional addle antennas and Ix Attachment D Page 98 of 471 Page 172 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10/100/1000 PoE port. Plenum rated. Managed by Summit WM3000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15750 WiNG Altitude 4710EU abgn Altitude 4710 dualradio Limited 06/30/ Wireless DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the European Union Wing regulatory domain. Includes an RJ45 console port and 2x GE data portsGEI is a PoE port GE2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in'ector. 15751 Wireless Altitude 471OUS abgn Altitude 4710 dualradio Limited 06/30/ DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the US regulatory domain. Wing Includes an RJ45 console port and 2x GE data portsGEI is a PoE port GE2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3000 series controllers. Powered by 802.3af/at PoE or by use of an optional external Attachment D Page 99 of 471 Page 173 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. power supply or PoE inj ector. 15752 Wireless Altitude 4710ROW abgn Altitude 4710 dualradio Limited 06/30/ DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the Rest of World Wing regulatory domainexcluding Israel. Includes an RJ45 console port and 2x GE data portsGEI is a PoE port GE2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in'ector. 15753 WiNG Altitude 4750US abgn Altitude 4750 triradio Limited 06/30/ Wireless TriRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the US regulatory domain. Wing Third radio functions as a sensor only. Includes an RJ45 console port and 2x GE data portsGEI is a PoE port GE2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3 000 series controllers. Powered by Attachment D Page 100 of 471 Page 174 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 802.3af/at PoE or by use of an optional external power supply or PoE inj ector. 15754 Wireless Altitude 4750ROW abgn Altitude 4750 triradio Limited 06/30/ TriRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the Rest of World Wing regulatory domainexcluding Israel. Third radio functions as a sensor only. Includes an RJ45 console port and 2x GE data portsGEI is a PoE port GE2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3 000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in'ector. 15755 Wireless Facade Antenna for 4700 Integrated snapon I Year 06/30/ AP dualband omnidirectional Warranty 2020 facade antenna for 4700 series Access Points. Snaps over the AP housing and the wires are connected to the antenna ports on the AP. Antenna gain 3dBi/5dBi on 2.4/5 GHz bands. 15757 Wireless Altitude 461 IUS abgn Altitude 4611 singleradio Limited 06/30/ IntAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the US Warranty regulatory domain. Wing Includes an internal Attachment D Page 101 of 471 Page 175 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. omnidirectional antenna and Ix 10/100/1000 PoE port. Managed by Summit WM3000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15758 Wireless Altitude 4621US abgn Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the US Warranty regulatory domain. Wing Includes 3x detachable external omnidirectional paddle antennas and Ix 10/100/1000 PoE port. Plenum rated. Managed by Summit WM3000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15759 Wireless Altitude 4750EU abgn Altitude 4750 triradio Limited 06/30/ TriRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the European Union Wing regulatory domain. Third radio functions as a sensor only. Includes an RJ45 console port and 2x GE data portsGEI is a PoE port GE2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3 000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in'ector. Attachment D Page 102 of 471 Page 176 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15760 Wireless Altitude 461 IEU abgn Altitude 4611 singleradio Limited 06/30/ IntAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Warranty European Union with regulatory domain. express Includes an internal Advanced omnidirectional antenna Hardware and Ix 10/100/1000 PoE Replacem port. Managed by Summit ent WM3000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15761 WiNG AP4511 Wallplate AP US Altitude AP4511 Single Limited 06/30/ Wireless radio 802.11 a/b/g/n Wall Lifetime 2020 Plate Access Point. 2x2 Warranty MIMO. Low profile. One Wing Fast Ethernet PoE uplink port one Fast Ethernet LAN port included. USonly version. 15762 Wireless AP4511 Wallplate AP WW Altitude AP4511 Single Limited 06/30/ radio 8 02.11 a/b/g/n Lifetime 2020 WallPlate Access Point. Warranty 2x2 MIMO. Low profile. Wing One Fast Ethernet PoE uplink port one Fast Ethernet LAN port included. Rest of World (ROW) regulatory domain. 15764 Wireless AP45321 int ant US Altitude AP45321 internal I Year 06/30/ antenna Access Point for Warranty 2020 indoors installations for sale in the USA 15765 Wireless AP4532i int ant ROW Altitude AP4532i internal I Year 06/30/ antenna Access Point for Warranty 2020 sale Worldwide 15767 WiNG AP4532e ext ant US Altitude AP4532e Limited 06/30/ Wireless external antenna Access Lifetime 2020 Point for indoor Warranty installations for sale in the Wing USA 15768 WiNG AP4532e ext ant ROW Altitude AP4532e Limited 06/30/ Wireless external antenna Access Lifetime 2020 Point for indoor Attachment D Page 103 of 471 Page 177 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. installations for sale Warranty worldwide Wing 15770 Wireless Altitude 4621EU abgn Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Warranty European Union with regulatory domain. express Includes 3x detachable Advanced external omnidirectional Hardware paddle antennas and Ix Replacem 10/100/1000 PoE port. ent Plenum rated. Managed by Summit WM3000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15771 Wireless Summit WM3411 US Summit WM3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 abgn radios. For the US Regulatory Domain 15772 Wireless Summit WM3411 WW Summit WM3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 abgn radios. For the Rest of World Regul tory Domain. 15774 Wireless Facade Antenna for 3x3 MiMo Facade I Year 06/30/ WM3411 Antenna for the Summit Warranty 2020 WM3411 Wireless Controller 15776 Wireless Altitude 4620EU abgn Altitude 4620 dualradio Limited 06/30/ ExAn AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for European Warranty Union regulatory domain. Wing Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable externa Attachment D Page 104 of 471 Page 178 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15777 Wireless Tbar AP Mount Bracket Wireless Mounting 1 Year 06/30/ IPC Bracket for ceiling Tbar Warranty 2020 mount for 46xx 47xx Access Points 1 Pack 15778 Wireless 6AP lic upgrade 6 Wireless AP license Software 06/30/ WM34003411 upgrade for the Summit Warranty 2020 WM3411 WM3400 15779 Wireless Adv WIPS for Advanced WIPS upgrade Software 06/30/ WM34003411 for Summit Warranty 2020 WM340OWM3411 15780 Wireless Adv WIPS license for Advanced WIPS upgrade Software 06/30/ 3600 for WM3600 Warranty 2020 15781 Wireless Adv WIPS license for Advanced WIPS upgrade Software 06/30/ WM3700 for WM3700 Warranty 2020 15782 WiNG AP4511 Wallplate AP EU Altitude AP4511 Single Limited 06/30/ Wireless radio 8 02.11 a/b/g/n Lifetime 2020 WallPlate Access Point. Warranty 2x2 MIMO. Low profile. Wing One Fast Ethernet PoE uplink port one Fast Ethernet LAN port included. European Union re ul ory domain. 15783 Wireless AP4021i int ant US Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent)indoor Warranty Access Point for US Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at PoE or by use of a PoE in'ector. 15784 Wireless AP4021i int ant ROW Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent)indoor Warranty Access Point for the Rest Wing of the World regulatory domain 8 02.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at PoE or by use of a PoE in'ector. Attachment D Page 105 of 471 Page 179 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15785 Wireless AP402 I e ext ant US Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for US Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE inj ector. 15787 Wireless Tbar AP Mount Bracket Wireless Mounting I Year 06/30/ IOPC Bracket for ceiling Tbar Warranty 2020 mount for 46xx 47xx Access Points TEN Pack 15788 Wireless AP402 I e ext ant ROW Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for the Rest Wing of World regulatory domain 8 02.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE injector. 15789 Wireless AP4521i int ant US Altitude AP4521i Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at PoE or by use of a PoE in'ector. 15790 Wireless AP4521i int ant ROW Altitude AP4521i Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 8 02.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at Attachment D Page 106 of 471 Page 180 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. PoE or by use of a PoE inj ector. 15791 Wireless AP452 I e ext ant US Altitude AP452le Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE inj ector. 15793 Wireless AP452 I e ext ant ROW Altitude AP452le Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE inj ector. 15794 Wireless AP4762 outdoor US Altitude AP4762 I Year 06/30/ dualradio Independent Warranty 2020 Outdoor Access Point for US regulatory domain 802.11 a/b/g/n 3x3 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE inj ector. 15795 WiNG AP4762 outdoor ROW Altitude AP4762 I Year 06/30/ Wireless dualradio Independent Warranty 2020 Outdoor Access Point for Rest of World regulatory domain 8 02.11 a/b/g/n 3x3 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE injector. Attachment D Page 107 of 471 Page 181 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15796 Wireless AP4763 outdoor US Altitude AP4763 triradio I Year 06/30/ Independent Outdoor Warranty 2020 Access Point for US regulatory domain 802.11 a/b/g/n 3x3 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in'ector. 15797 Wireless Summit WM3411 EU Summit WM3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 abgn radios. For the European Union Regul tory Domain. 15798 Wireless AP4532i int ant EU Altitude AP4532i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 8 02.11 a/b/g/n 2x3 MIMOintegrated internal omnidirectional antennas Powered by 802.3af/at PoE. 15799 Wireless AP4532e ext ant EU Altitude AP4532e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x3 MIMO. External antennas not includedmust order separately up to 6 paddle antennas. Powered by 802.3af/at PoE. 15804 Wireless AP402 I i int ant EU Altitude AP4021i Limited 06/30/ singleradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 8 02.11 a/b/g/n 2x2 MIMOintegrated internal omnidirectional antennas. Attachment D Page 108 of 471 Page 182 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Powered by 802.3af/at PoE . 15808 Wireless AP402 I e ext ant EU Altitude AP402 I e Limited 06/30/ singleradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust order separately up to 2 paddle antennas. Powered by 802.3af/at PoE . 15809 Wireless AP452 I i int ant EU Altitude AP4521i Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 802.3af/at PoE. 15810 Wireless AP452 I e ext ant EU Altitude AP452le Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 2 paddle antennas. Powered by 802.3af/at PoE. 15811 WiNG AP4762 outdoor EU Altitude AP4762 I Year 06/30/ Wireless dualradio Independent Warranty 2020 Outdoor Access Point for European Union regulatory domain 802.11 a/b/g/n 3x3 MIMO. External antennas. Powered by 802.3 at PoE. 15812 WiNG AP4763 outdoor EU Altitude AP4763 I Year 06/30/ Wireless dualradio with sensor Warranty 2020 Independent Outdoor Attachment D Page 109 of 471 Page 183 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Access Point for European Union regulatory domain 802.11 a/b/g/n 3x3 MIMO. External antennas. Powered by 802.3 at PoE. 15813 Wireless AP4022i int ant EU Altitude AP4022i Limited 06/30/ dualradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO integrated internal omnidirectional antennas. Powered by 802.3af/at PoE. 15814 Wireless AP4022e ext ant EU Altitude AP4022e Limited 06/30/ dualradio dependent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at PoE. 15815 Wireless AP4522i int ant EU Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 802.3af/at PoE. 15816 Wireless AP4522e ext ant EU Altitude AP4522e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at PoE. Attachment D Page 110 of 471 Page 184 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15830 Wireless 1024 AP Lic for WM395X 128 AP capacity license Software 06/30/ Cntrlr for WM395X family of Warranty 2020 controllers. 15831 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ WM395X upgrade license for Warranty 2020 WM395X family of controllers. Enables Role Based Firewall Configuration. 15850 Wireless AP4532i int ant H. Altitude AP4532i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Israel regulatory domain Wing 802.11 a/b/g/n 2x3 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at PoE or by use of a PoE in'ector. 15910 Wireless AP4763 outdoor ROW Altitude AP4763 triradio I Year 06/30/ Independent Outdoor Warranty 2020 Access Point for Rest of World regulatory domain 802.11 a/b/g/n 3x3 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in'ector. 15911 WiNG AP4022i int ant US Altitude AP4022i Limited 06/30/ Wireless dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at PoE or by use of a PoE in'ector. 15912 Wireless AP4022i int ant ROW Altitude AP4022i Limited 06/30/ dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 8 02.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at Attachment D Page 111 of 471 Page 185 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. PoE or by use of a PoE inj ector. 15913 WiNG AP4022e ext ant US Altitude AP4022e Limited 06/30/ Wireless dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas.. Powered by 802.3af/at PoE or by use of a PoE inj ector. 15916 Wireless AP4022e ext ant ROW Altitude AP4022e Limited 06/30/ dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 8 02.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE injector. 15993 Wireless AP4522i int ant US Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO integrated internal omnidirectional antennas Powered by 802.3af/at PoE. 15994 Wireless AP45221 int ant ROW Altitude AP45221 Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 8 02.11 a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 802.3af/at PoE. Attachment D Page 112 of 471 Page 186 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 15995 Wireless AP4522e ext ant US Altitude AP4522e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at PoE. 15996 Wireless AP4522e ext ant ROW Altitude AP4522e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 8 02.11 a/b/g/n 2x2 MIMO. External antennas not includedmust order separately up to 4 paddle antennas. Powered by 802.3af/at 16105 Summit Stacking Cable 5.OM SummitStack Stacking Limited cable 5.OM (not supported Lifetime for Uni Stack) Warranty with express Advanced Hardware Replacem ent 16106 Summit Stacking Cable 0.5M SummitStack/Uni Stack I Year Stacking cable 0.5M Warranty 16107 Summit Stacking Cable 1.5M SummitStack/Uni Stack I Year Stacking cable 1.5M Warranty 16108 Summit Stacking Cable 3.OM SummitStack/Uni Stack Limited Stacking cable 3.OM Lifetime Warranty with express Advanced Hardware Replacem ent 16117 Summit XGM32sf Option card two Limited 12/31/ unpopulated 10 Gigabit Lifetime 2022 SFP+ slots compatible Warranty with Summit X460 with Attachment D Page 113 of 471 Page 187 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. express Advanced Hardware Replacem ent 16119 Summit XGM3 S2xf/module 2 x 10GbE XFP port 1 Year 03/01/ interface module rear Warranty 2024 pluggable in Slot A on X460 and E4G400 platforms supporting SummitStackV (and SyncE when used with E4G400 16120 Summit XGM3 S4sf/module 4 x 10GbE SFP+ports 1 Year 03/01/ rear pluggable in Slot B Warranty 2024 on X460 and E4G400 platforms (supporting SyncE when used with E4G400 16125 Summit SX460 Network Timing ExtremeXOS Network Software 12/31/ Feature Pck Timing Feature Pack for Warranty 2022 Summit X460 Series Switches 16126 Summit XGM3 S2sf/module 2 x 10GbE SFP+port 1 Year 03/01/ interface module rear Warranty 2024 pluggable in Slot A on X460 and E4G400 platforms supporting SummitStackV (and SyncE when used with E4G400 16127 E4G E4GB16T1E1/module 2 x MRJ21 ports for 16 1 Year 06/30/ T1/E1 pseudowire Warranty 2023 emulation 2 x SMA port for synchronization input/output rear lu able in Slot B 16169 Summit SX450G2 ExtremeXOS Audio Software Multimedia(AVB)Pck Video Bridging Feature Warranty Pack for Summit X450G2 series switches 16172 Summit X450G224tGE4Base Summit X450G2 24 Limited 10/100/1000BASET 4 Lifetime 1000BASEX unpopulated Warranty SFP two 21 Gb stacking with orfs 1 Fixed AC PSU 1 express Attachment D Page 114 of 471 Page 188 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. S port fan module slot Advanced kunpopulated) Hardware ExtremeXOS Edge Replacem license ent-2 16173 Summit X450G224pGE4Base Summit X450G2 24 Limited 10/100/1000BASET Lifetime POE+ 4 1000BASEX Warranty unpopulated SFP two with 21 Gb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16174 Summit X450G248tGE4Base Summit X450G2 48 Limited 10/100/1000BASET 4 Lifetime 1000BASEX unpopulated Warranty SFP two 21 Gb stacking with ports (QSFP) 1 Fixed AC express PSU 1 RPS port fan Advanced module slot(unpopulated) Hardware ExtremeXOS Edge Replacem license w Policy ent-2 16175 Summit X450G248pGE4Base Summit X450G2 48 Limited 10/100/1000BASET Lifetime POE+ 4 1000BASEX Warranty unpopulated SFP two with 21 Gb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16176 Summit X450G224tl OGE4Base Summit X450G2 24 Limited 10/100/1000BASET 4 Lifetime 10GBASEX unpopulated Warranty SFP+ two 21 Gb stacking with ports 1 Fixed AC PSU 1 express S port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacem license ent-2 16177 Summit X450G224plOGE4Base Summit X450G2 24 Limited 10/100/1000BASET Lifetime POE+ 4 10GBASEX Warranty unpopulated SFP+ two I with Attachment D Page 115 of 471 Page 189 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 21Gb stacking ports) 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16178 Summit X450G248tl OGE4Base Summit X450G2 48 Limited 10/100/1000BASET 4 Lifetime 10GBASEX unpopulated Warranty SFP+ two 21 Gb stacking with ports 1 Fixed AC PSU 1 express S port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacem license ent-2 16179 Summit X450G248plOGE4Base Summit X450G2 48 Limited 10/100/1000BASET Lifetime POE+ 4 10GBASEX Warranty unpopulated SFP+ two with 21 Gb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16190 Summit SX450G2 Edge to Adv ExtremeXOS Advanced Software Edge Lic Edge License upgrade for Warranty Summit X450G2 series switches 16191 Summit X450G2 Core Lic from ExtremeXOS Advanced Software Edge Lic Core License upgrade Warranty from Edge License for Extreme Switching X450G2 series switches 16192 Summit X450G2 Core Lic from ExtremeXOS Advanced Software Adv Edge Core License upgrade Warranty from Advanced Edge License for Extreme Switching X450G2 series switches 16200 Summit SX450G2 OpenFlow ExtremeXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for Summit X450G2 series switches 16220 E4G E4G TDM Breakout Cable TDM connectivity 1 Year 06/30/ breakout cable that Warranty 2023 Attachment D Page 116 of 471 Page 190 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. provides 1 x NHU21 to 8 x RJ48c for use with TDM modules using MRJ21 connectors 16301 Summit Summit X48048t 48 10/100/1000BASET 4 1 Year 07/15/ 100/1000BASEX Warranty 2025 unpopulated SFP (shared) No PSU with two unpopulated PSU slots one VIM2 slot ExtremeXOS Advanced Edge license 16303 Summit Summit X48024x 24 100/1000BASEX 1 Year 07/15/ unpopulated SFP 12 Warranty 2025 10/100/1000BASET (shared) 2 unpopulated XFP ports No PSU with two unpopulated PSU slots one VIM2 slot ExtremeXOS Advanced Edge license 16304 Summit Summit X48048x 48 100/1000BASEX 1 Year 07/15/ unpopulated SFP No PSU Warranty 2025 with two unpopulated PSU slots one VIM2 slot ExtremeXOS Advanced Edge license 16311 Summit VIM2SummitStack VIM2SummitStack 2 1 Year 07/15/ SummitStack stacking Warranty 2025 ports 16312 Summit VIM210G4X VIM2 I OG4X 4 1 Year 07/15/ 10GBASEX XFP ports Warranty 2025 16313 Summit VIM2SummitStackl28 VIM2SummitStackl28 2 1 Year 07/15/ x 64G stacking ports Warranty 2025 16315 Summit VIM2SummitStackV80 VIM2SummitStackV80 2 1 Year 12/31/ x 40G stacking ports Warranty 2022 16321 Summit Summit X480 Core License ExtremeXOS Core Software License for Summit X480 Warranty series switches 16322 Summit Summit X480 MPLS ExtremeXOS MPLS Software Feature Pack Feature Pack for Summit Warranty X480 series switches 16323 Summit Summit X480 OpenFlow ExtremeXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for Summit X480 series switches Attachment D Page 117 of 471 Page 191 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16401 Summit Summit X46024t 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP (4 24 Warranty 10/100/1000BASET 8 with 100/1000BASEX express unpopulated SFP (4 SFP Advanced ports shared with Hardware 10/100/1000BASET Replacem ports) XGM3 slot ent Stacking module slot 300W AC PSU with one unpopulated PSU slot Fan Module ExtremeXOS Edge License 16402 Summit Summit X46048t 48 10/100/1000BASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 300W AC PSU with one express unpopulated PSU slot Fan Advanced Module ExtremeXOS Hardware Edge License Replacem ent 16403 Summit Summit X46024p 24 10/100/1000BASET Limited 06/30/ PoEplus 8 Lifetime 2022 100/1000BASEX Warranty unpopulated SFP (4 SFP with ports shared with express 10/100/1000ASET Advanced ports) XGM3 slot Hardware Stacking module slot Replacem 750W AC PoE PSU with ent one unpopulated PSU slot Fan Module ExtremeXOS Edge License 16404 Summit Summit X46048p 48 10/100/1000BASET Limited 06/30/ PoEplus 4 Lifetime 2022 100/1000BASEX Warranty unpopulated SFP XGM3 with slot Stacking module slot express 750W AC PoE PSU with Advanced one unpopulated PSU slot Hardware Fan Module ExtremeXOS Replacem Edge License ent Attachment D Page 118 of 471 Page 192 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16405 Summit Summit X46024x 24 100/1000BASEX Limited 06/30/ unpopulated SFP 8 Lifetime 2022 10/100/1000BASET (4 Warranty 10/100/1000BASET ports with shared with SFP ports) express XGM3 slot Stacking Advanced module slot 300W AC Hardware PSU with one Replacem unpopulated PSU slot Fan ent Module ExtremeXOS Edge License 16406 Summit Summit X46048x 48 100/1000BASEX Limited 06/30/ unpopulated SFP XGM3 Lifetime 2022 slot Stacking module slot Warranty 300W AC PSU with one with unpopulated PSU slot Fan express Module ExtremeXOS Advanced Edge License Hardware Replacem ent 16407 Summit Summit X46024tDC 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP (4 24 Warranty 10/100/1000BASET 8 with 100/1000BASEX express unpopulated SFP (4 SFP Advanced ports shared with Hardware 10/100/1000BASET Replacem ports) XGM3 slot ent Stacking module slot 300W DC PSU with one unpopulated PSU slot Fan Module ExtremeXOS Edge License 16408 Summit Summit X46048tDC 48 10/100/1000BASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 300W DC PSU with one express unpopulated PSU slot Fan Advanced Module ExtremeXOS Hardware Edge License Replacem ent Attachment D Page 119 of 471 Page 193 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16409 Summit Summit X46024xDC 24 100/1000BASEX Limited 06/30/ unpopulated SFP 8 Lifetime 2022 10/100/1000BASET (4 Warranty 10/100/1000BASET ports with shared with SFP ports) express XGM3 slot Stacking Advanced module slot 30OW DC Hardware PSU with one Replacem unpopulated PSU slot Fan ent Module ExtremeXOS Edge License 16410 Summit Summit X46048xDC 48 100/1000BASEX Limited 06/30/ unpopulated SFP XGM3 Lifetime 2022 slot Stacking module slot Warranty 30OW DC PSU with one with unpopulated PSU slot Fan express Module ExtremeXOS Advanced Edge License Hardware Replacem ent 16419 Summit SummitStack Module SummitStack Module for Limited 12/31/ Summit X460 Lifetime 2022 Warranty with express Advanced Hardware Replacem ent 16420 Summit SummitStackV80 Module SummitStackV80 Module Limited 12/31/ for Summit X460 Lifetime 2022 Warranty with express Advanced Hardware Replacem ent 16421 Summit Advanced Edge Lic ExtremeXOS Advanced Software X460/G2 Edge License for Summit Warranty X460 X460G2 Series Switches 16422 Summit Core Lic from Edge Lic ExtremeXOS Advanced Software X460/G Core License upgrade Warranty from Edge License for Attachment D Page 120 of 471 Page 194 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Summit X460 X460G2 Series Switches 16423 Summit Core Lic from Adv Edge ExtremeXOS Advanced Software X460/G Core License upgrade Warranty from Advanced Edge License for Summit X460 X460G2 series switches 16424 Summit MPLS Feature Pack ExtremeXOS MPLS Software X460/G2 Feature Pack for Summit Warranty X460 X460G2 Series Switches 16425 Summit OpenFlow FeaturePack ExtremeXOS SDN Software X460/G2 OpenFlow Feature Pack Warranty for Summit X460 X460G2 series switches 16426 Summit Multimedia(AVB)Pck ExtremeXOS Audio Software X460/G2 Video Bridging Feature Warranty Pack for Summit X460 X460G2 series switches 16431 E4G E4G400AC/router 24 x 10/100/1000BASET I Year 06/30/ 8 x 100/1000BASEX Warranty 2023 unpopulated SFP (4 SFP ports shared with 10/100/1000BASET ports)Rear Slot A Rear Slot B with AC Power Supply Fan module 16432 E4G E4G400DC/router 24 x 10/100/1000BASET I Year 06/30/ 8 x 100/1000BASEX Warranty 2023 unpopulated SFP (4 SFP ports shared with 10/100/1000BASET ports)Rear Slot A Rear Slot B with DC Power Supply Fan module 16440 E4G E4G20012xDC/router 12 x 100/1000BASEX I Year 06/30/ unpopulated SFP one Warranty 2023 front 1/0 slot one front Sync slot one internal DC PSU with two inputs 16441 E4G E4G200DC/router 8 x 10/100/1000BASET 4 1 Year 06/30/ x 100/1000BASEX Warranty 2023 unpopulated SFP one front 1/0 slot one front Sync slot one internal DC PSU with two inputs Attachment D Page 121 of 471 Page 195 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16442 E4G E4GF16T1E1/module 16 x RJ45 portfront 1 Year 06/30/ plugin module supporting Warranty 2023 pseudowire emulation of 16 T1/E1 16444 E4G E4GCLK/module 2 x SMA port front plugin 1 Year 06/30/ module supporting BITS Warranty 2023 1588v2 SyncE and TDM Line timing 16490 E4G E4G200 Ntwrk Timing ExtremeXOS Network Software 06/30/ 1588 PTP Timing Feature Pack for Warranty 2023 E4G200 that enables 1588v2 PTP (Precision Time Protocol 16491 E4G E4G200 Adv Edge Lic Extreme XOS Advanced Software 06/30/ MPLS Edge License Upgrade Warranty 2023 from Edge for E4G200 products and includes the MPLS feature pack 16492 E4G E4G200 Core Lic from Adv Extreme XOS Core Software 06/30/ Edge License Upgrade from Warranty 2023 Advanced Edge for E4G200 products 16493 E4G E4G200 Core Lic fr Edge Extreme XOS Core Software 06/30/ MPLS License Upgrade from Warranty 2023 Edge for E4G200 products and includes the MPLS feature pack 16495 E4G E4G400 Ntwrk Timing ExtremeXOS Network Software 06/30/ 1588 PTP Timing Feature Pack for Warranty 2023 E4G400 that enables 1588v2 PTP (Precision Time Protocol 16496 E4G E4G400 Core Lic from Adv Extreme XOS Core Software 12/31/ Edge License Upgrade from Warranty 2024 Advanced Edge for E4G400 products 16497 BD X BDX83rd Party Optics ExtremeXOS 3rd Party No 12/31/ License Optics (40G and 100G) Warranty 2024 FeaturePack for BDX8 16498 BD 8K BD88003rd Party Optics ExtremeXOS 3rd Party No 12/31/ License Optics (40G and 100G) Warranty 2024 FeaturePack for BD8800 16499 Summit Summit 670V3rd Party ExtremeXOS 3rd Party No Optics Lic Optics (40G and 100G) Warranty FeaturePack for Summit 670 Attachment D Page 122 of 471 Page 196 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16501 Summit Summit X4408t 8 10/100/1 OOOBASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP SummitStack Warranty Stacking ports I AC PSU with ExtremeXOS Edge express license Advanced Hardware Replacem ent 16502 Summit Summit X4408p 8 10/100/1000BASET Limited 03/31/ PoEplus 4 1000BASEX Lifetime 2022 unpopulated SFP Warranty SummitStack Stacking with ports I AC PSU express ExtremeXOS Edge Advanced license Hardware Replacem ent 16503 Summit Summit X44024t 24 10/100/1000BASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) SummitStack express Stacking ports I AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent 16504 Summit Summit X44024p 24 10/100/1000BASET Limited 03/31/ PoEplus 4 1000BASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) SummitStack Advanced Stacking ports I AC PSU Hardware ExtremeXOS Edge Replacem license connector for ent external power supply 16505 Summit Summit X44048t 48 10/100/1 OOOBASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) SummitStack express Stacking ports I AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent Attachment D Page 123 of 471 Page 197 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16506 Summit Summit X44048p 48 10/100/1000BASET Limited 03/31/ PoEplus 4 1000BASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) SummitStack Advanced Stacking ports 1 AC PSU Hardware ExtremeXOS Edge Replacem license connector for ent external power supply 16507 Summit Summit X44024t10G 24 10/100/1000BASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) 2 10GBASEX express SFP+ 1 AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent 16508 Summit Summit X44024p10G 24 10/100/1000BASET Limited 03/31/ PoEplus 4 1000BASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) 2 10GBASEX Advanced SFP+ 1 AC PSU Hardware ExtremeXOS Edge Replacem license connector for ent external power supply 16509 Summit Summit X44048t10G 48 10/100/1000BASET 2 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (2 SFP ports shared Warranty with 10/100/1000BASET with ports) 2 10GBASEX express SFP+ 1 AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent 16510 Summit Summit X44048p10G 48 10/100/1000BASET Limited 03/31/ PoEplus 2 1000BASEX Lifetime 2022 unpopulated SFP (2 SFP Warranty ports shared with with 10/100/1000BASET express ports) 2 10GBASEX Advanced SFP+ 1 AC PSU Hardware ExtremeXOS Edge Attachment D Page 124 of 471 Page 198 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. license connector for Replacem external power supply ent 16513 Summit Summit X44024x 24 100/1000BASEX SFP Limited 03/31/ ports 4 gigabit combo Lifetime 2022 ports (4 SFP ports shared Warranty with 10/100/1000BASET with ports) Summit Stack express Stacking ports I AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent 16514 Summit Summit X44024x I OG 24 100/1000BASEX SFP Limited 03/31/ ports 4 gigabit combo Lifetime 2022 ports (4 SFP ports shared Warranty with 10/100/1000BASET with ports) 2 1 OGBASEX express SFP+ I AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent 16515 Summit Summit X4308p 8 10/100/1000BASET Limited 09/30/ PoE+ 2 1000BASEX Lifetime 2023 unpopulated SFP I AC Warranty PSU ExtremeXOS L2 with Edge license express Advanced Hardware Replacem ent 16516 Summit Summit X43024t 24 10/100/1000BASET 4 Limited 09/30/ 1000BASEX unpopulated Lifetime 2023 SFP I AC PSU Warranty ExtremeXOS L2 Edge with license express Advanced Hardware Replacem ent 16517 Summit Summit X43024p 24 10/100/1000BASET Limited 09/30/ PoE+ 4 1000BASEX Lifetime 2023 unpopulated SFP I AC Warranty PSU ExtremeXOS L2 with Edge license express Advanced Attachment D Page 125 of 471 Page 199 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Hardware Replacem ent 16518 Summit Summit X43048t 48 10/100/1000BASET 4 Limited 09/30/ 1000BASEX unpopulated Lifetime 2023 SFP 1 AC PSU Warranty ExtremeXOS L2 Edge with license express Advanced Hardware Replacem ent 16519 Summit Summit X44024tDC 24 10/100/1000BASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) Summit Stack express Stacking ports 1 DC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply. ent 16520 Summit Summit X44048tDC 48 10/100/1000BASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) Summit Stack express Stacking ports 1 DC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply. ent 16521 Summit Summit X440 Adv. Edge ExtremeXOS Advanced Software License Edge License for Summit Warranty X440 series switches 16522 Summit Summit X440 OpenFlow ExtremeXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for Summit X440 series switches 16523 Summit X440 Multimedia(AVB) ExtremeXOS Audio Software Feature Pck Video Bridging Feature Warranty Pack for Summit X440 series switches 16524 Summit X430 AVB Pk 100 streams ExtremeXOS Audio Software 09/30/ 8 ports Video Bridging Feature Warranty 2023 Pack for Summit X430 series switches Maximum Attachment D Page 126 of 471 Page 200 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. of 100 active streams on no more than eight ports 16525 Summit Summit X4308p Mounting Rack Mounting Kit for I Year 09/30/ Kit Summit X4308p Switch Warranty 2023 16530 Summit X440G212tlOGE4 X440G2 12 Limited 10/100/1000BASET 4 Lifetime I GbE unpopulated SFP Warranty upgradable to I OGbE with SFP+ I Fixed AC PSU I express RPS port ExtremeXOS Advanced Edge license Hardware Replacem ent-2 16531 Summit X440G212p10GE4 X440G2 12 Limited 10/100/1000BASET Lifetime POE+ 4 1 GbE Warranty unpopulated SFP with upgradable to I OGbE express SFP+ I Fixed AC PSU I Advanced RPS port ExtremeXOS Hardware Edge license Replacem ent-2 16532 Summit X440G224tlOGE4 X440G2 24 Limited 10/100/1000BASET 4 Lifetime SFP combo 4 1 GbE Warranty unpopulated SFP with upgradable to I OGbE express SFP+ I Fixed AC PSU I Advanced RPS port ExtremeXOS Hardware Edge license Replacem ent-2 16533 Summit X440G224plOGE4 X440G2 24 Limited 10/100/1000BASET Lifetime POE+ 4 SFP combo 4 Warranty I GbE unpopulated SFP with upgradable to I OGbE express SFP+ I Fixed AC PSU I Advanced RPS port ExtremeXOS Hardware Edge license Replacem ent-2 16534 Summit X440G248tlOGE4 X440G248tlOGE4 long Limited description X440G2 48 Lifetime 10/100/1000BASET 4 Warranty SFP combo 4 1 GbE with unpopulated SFP express upgradable to I OGbE Advanced Attachment D Page 127 of 471 Page 201 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. SFP+ (2 combo/2 Hardware noncombo) 2 1GbE Replacem copper combo upgradable ent-2 to 10GbE 1 Fixed AC PSU 1 RPS port ExtremeXOS Edge license 16535 Summit X440G248plOGE4 X440G2 48 Limited 10/100/1000BASET Lifetime POE+ 4 1GbE Warranty unpopulated SFP with upgradable to 10GbE express SFP+ (2 combo/2 Advanced noncombo) 2 1GbE Hardware copper combo upgradable Replacem to 10GbE 1 Fixed AC ent-2 PSU 1 RPS port ExtremeXOS Edge license 16536 Summit X440G224tlOGE4DC X440G2 24 Limited 10/100/1000BASET 4 Lifetime SFP combo 4 1GbE Warranty unpopulated SFP with upgradable to 10GbE express SFP+ 1 Fixed DC PSU 1 Advanced S port ExtremeXOS Hardware Edge license Replacem ent-2 16537 Summit X440G248tlOGE4DC X440G2 48 Limited 10/100/1000BASET 4 Lifetime SFP combo 4 1GbE Warranty unpopulated SFP with upgradable to 10GbE express SFP+ (2 combo/2 Advanced noncombo) 2 1GbE Hardware copper combo upgradable Replacem to 10GbE 1 Fixed DC ent-2 PSU 1 RPS port ExtremeXOS Edge license 16538 Summit X440G224xlOGE4 X440G2 24 unpopulated Limited 1000BASEX SFP (4 Lifetime combo) 4 10/100/1000 Warranty combo 4 1GbE with unpopulated SFP express upgradable to 10GbE Advanced Attachment D Page 128 of 471 Page 202 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. SFP+ 1 Fixed AC PSU 1 Hardware S port ExtremeXOS Replacem Edge license ent-2 16539 Summit X440G224fxGE4 X440G2 24 fixed Limited I OOBASEFX LC Lifetime connectors 4 1GBASEX Warranty unpopulated SFP 1 Fixed with AC PSU 1 RPS port express ExtremeXOS Edge Advanced license OC to 60C Hardware operation Replacem ent-2 16540 Summit X440G212t8fxGE4 X440G2 12 Limited 10/100/1000BASET plus Lifetime 8 fixed IOOBASEFX LC Warranty connectors 4 1GBASEX with unpopulated SFP 1 Fixed express AC PSU 1 RPS port Advanced ExtremeXOS Edge Hardware license OC to 60C Replacem operation ent-2 16541 Summit X440G224tGE4 X440G2 24 fixed Limited 10/100/1000BASETX 4 Lifetime 1GBASEX unpopulated Warranty SFP 1 Fixed AC PSU 1 with RPS port ExtremeXOS express Edge license OC to 60C Advanced operation Hardware Replacem ent-2 16542 Summit Dual 10GbE Upgrade License that converts the Software License two nonstack 1GbE SFP Warranty orfs to be 10GbE SFP+ 16543 Summit Quad 10GbE Upgrade License that converts four Software License 1GbE SFP ports to be Warranty 10GbE SFP+ 16546 Summit Quad 10GbE Lic from Dual License that upgrades an Software 10GbE Lic already licensed Dual Warranty 10GbE switch to a Quad 10GbE switch 16560 FastPath 22012t10GE2 220Series 12 port Limited Switches 10/100/1000BASET 2 Lifetime 10GbE unpopulated SFP+ Warranty ports 1 Fixed AC PSU L2 with Switching with RIP and Express Static Routes 1 Advanced Attachment D Page 129 of 471 Page 203 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. countryspecific power Hardware cord Replacem ent- B 16561 FastPath 22012p I OGE2 220Series 12 port Limited Switches 10/100/1000BASET Lifetime PoE+ 2 1 OGbE Warranty unpopulated SFP+ ports I with Fixed AC PSU L2 Express Switching with RIP and Advanced Static Routes I Hardware countryspecific power Replacem cord ent- B 16562 FastPath 22024t1OGE2 220Series 24 port Limited Switches 10/100/1000BASET 2 Lifetime I OGbE unpopulated SFP+ Warranty ports I Fixed AC PSU I with RPS port L2 Switching Express with RIP and Static Advanced Routes I countryspecific Hardware power cord Replacem ent- B 16563 FastPath 22024p I OGE2 220Series 24 port Limited Switches 10/100/1000BASET Lifetime PoE+ 2 1 OGbE Warranty unpopulated SFP+ ports I with Fixed AC PSU I RPS port Express L2 Switching with RIP Advanced and Static Routes I Hardware countryspecific power Replacem cord ent- B 16564 FastPath 22048t1OGE4 220Series 48 port Limited Switches 10/100/1000BASET 4 Lifetime I OGbE unpopulated SFP+ Warranty ports (2 LRM Capable) I with Fixed AC PSU I RPS port Express L2 Switching with RIP Advanced and Static Routes I Hardware countryspecific power Replacem cord ent- B 16565 FastPath 22048p1OGE4 220Series 48 port Limited Switches 10/100/1000BASET Lifetime PoE+ 4 1 OGbE Warranty unpopulated SFP+ ports with (2 LRM Capable) I Fixed Express AC PSU I RPS port L2 Advanced Switching with RIP and Hardware Attachment D Page 130 of 471 Page 204 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Static Routes I Replacem countryspecific power ent- B cord 16566 FastPath 21012tGE2 210Series 12 port Limited Switches 10/100/1000BASET 2 Lifetime I GbE unpopulated SFP Warranty ports I Fixed AC PSU L2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Replacem ent- B 16567 FastPath 21012pGE2 210Series 12 port Limited Switches 10/100/1000BASET Lifetime PoE+ 2 1 GbE Warranty unpopulated SFP ports I with Fixed AC PSU L2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacem ent- B 16568 FastPath 21024tGE2 210Series 24 port Limited Switches 10/100/1000BASET 2 Lifetime I GbE unpopulated SFP Warranty ports I Fixed AC PSU L2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Replacem ent- B 16569 FastPath 21024pGE2 210Series 24 port Limited Switches 10/100/1000BASET Lifetime PoE+ 2 1 GbE Warranty unpopulated SFP ports I with Fixed AC PSU L2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacem ent- B 16570 FastPath 21048tGE4 210Series 48 port Limited Switches 10/100/1000BASET 4 Lifetime I GbE unpopulated SFP Warranty ports I Fixed AC PSU L2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Attachment D Page 131 of 471 Page 205 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent- B 16571 FastPath 21048pGE4 210Series 48 port Limited Switches 10/100/1000BASET Lifetime PoE+ 4 1 GbE Warranty unpopulated SFP ports I with Fixed AC PSU L2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacem ent- B 16572 FastPath 200Series Dual Rack Hardware kit for Limited Switches Mount Kit mounting two 12 port Lifetime 200Series switches (210 Warranty and/or 220) sidebyside in with a 19 inch rack Express Advanced Hardware Replacem ent- B 16573 FastPath 200Series Wall Mount Kit Hardware kit for wall Limited Switches mounting one 12 port Lifetime 200Series switch (either Warranty 210 or 220) with Express Advanced Hardware Replacem ent- B 16701 Summit X460G224tlOGE4Base Summit X460G2 24 Limited 10/100/1000BASET 8 Lifetime 100/1000BASEX unpopd Warranty SFP (4 SFP ports shared) with 4 1000/1 OGB aseX unpopd express SFP+ ports Rear VIM Slot Advanced (unpopd) Rear Timing Hardware Slot (unpopd) 2 unpopd Replacem PSU slots fan module slot ent-2 (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater Attachment D Page 132 of 471 Page 206 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16702 Summit X460G248tl OGE4Base Summit X460G2 48 Limited 10/100/1000BASET 4 Lifetime 1000/10GBaseX unpopd Warranty SFP+ports Rear VIM Slot with (unpopd) Rear Timing express Slot(unpopd) 2 unpopd Advanced PSU slots fan module slot Hardware (unpopd) ExtremeXOS Replacem Advanced Edge license ent-2 with EXOS Release 22.1 or greater 16703 Summit X460G224plOGE4Base Summit X460G2 24 Limited 10/100/1000BASET Lifetime PoE+ 8 100/1000BASEX Warranty unpopd SFP (4 SFP ports with shared) 4 express 1000/10GBaseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear Timing Replacem Slot(unpopd) 2 unpopd ent-2 PSU slots fan module slot (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16704 Summit X460G248plOGE4Base Summit X460G2 48 Limited 10/100/1000BASET Lifetime PoE+ 4 1000/10GBaseX Warranty unpopd SFP+ports Rear with VIM Slot(unpopd) Rear express Timing Slot(unpopd) 2 Advanced unpopd PSU slots fan Hardware module slot(unpopd) Replacem ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16705 Summit X460G224xlOGE4Base Summit X460G2 24 Limited 100/1000BASEX unpopd Lifetime SFP 8 Warranty 10/100/1000BASET (4 with ports shared) 4 express 1000/10GBaseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear Timing Replacem Slot(unpopd) 2 unpopd ent-2 PSU slots fan module slot (unpopd) ExtremeXOS Attachment D Page 133 of 471 Page 207 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Advanced Edge license with EXOS Release 22.1 or greater 16706 Summit X460G248xlOGE4Base Summit X460G2 48 Limited 100/1000BASEX unpopd Lifetime SFP 4 1000/10GBaseX Warranty unpopd SFP+ports Rear with VIM Slot (unpopd) Rear express Timing Slot (unpopd) 2 Advanced unpopd PSU slots fan Hardware module slot(unpopd) Replacem ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16710 Summit Summit X460G2 VIM2q Optional Virtual Interface Limited Module for the rear of the Lifetime X460G2 providing 2 Warranty 40GBASEX ports with unpopulated QSFP+ express Advanced Hardware Replacem ent-2 16711 Summit Summit X460G2 VIM2x Optional Virtual Interface Limited Module for the rear of the Lifetime X460G2 providing 2 Warranty I OGBASEX ports with unpopulated SFP+ express Advanced Hardware Replacem ent-2 16712 Summit Summit X460G2 V1M2t Optional Virtual Interface Limited Module for the rear of the Lifetime X460G2 providing 2 Warranty I OGBASET ports with express Advanced Hardware Replacem ent-2 16713 Summit Summit X460G2 V1M2ss Optional Virtual Interface Limited Module for the rear of the Lifetime Warranty Attachment D Page 134 of 471 Page 208 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. X460G2 providing 2 ports with of Extremes SummitStack express Advanced Hardware Replacem ent-2 16714 Summit TIMING SLOT GNDLUG Modular Grounding Lug No Card for the X460G2 that Warranty utilizes the Timing Module slot (note that adding the grounding lug excludes use of the 16715 Timing Module) 16715 Summit Summit X460G2 TMCLK Optional Timing Module Limited for the rear of the X460G2 Lifetime providing the hardware Warranty for SyncE and 1588 PTP with clocking with 2 ports of express miniBNC connectors for Advanced clocking outputs Hardware Replacem ent-2 16716 Summit X460G224tGE4Base Summit X460G2 24 Limited 10/100/1000BASET 8 Lifetime 100/1000BASEX unpopd Warranty SFP (4 SFP ports shared) with 4 1 GBASEX unpopd SFP express Rear VIM Slot(unpopd) Advanced Rear Timing Slot Hardware (unpopd) 2 unpopd PSU Replacem slots fan module slot ent-2 (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16717 Summit X460G248tGE4Base Summit X460G2 48 Limited 10/100/1000BASET 4 Lifetime I GBASEX unpopd SFP Warranty Rear VIM Slot(unpopd) with Rear Timing Slot express (unpopd) 2 unpopd PSU Advanced slots fan module slot Hardware (unpopd) ExtremeXOS Replacem Advanced Edge license ent-2 with EXOS Release 22.1 or greater Attachment D Page 135 of 471 Page 209 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16718 Summit X460G224pGE4Base Summit X460G2 24 Limited 10/100/1000BASET Lifetime PoE+ 8 100/1000BASEX Warranty unpopd SFP (4 SFP ports with shared) 4 1GBASEX express unpopd SFP Rear VIM Advanced Slot(unpopd) Rear Hardware Timing Slot(unpopd) 2 Replacem unpopd PSU slots fan ent-2 module slot(unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16719 Summit X460G248pGE4Base Summit X460G2 48 Limited 10/100/1000BASET Lifetime PoE+ 4 1GBASEX Warranty unpopd SFP Rear VIM with Slot(unpopd) Rear express Timing Slot(unpopd) 2 Advanced unpopd PSU slots fan Hardware module slot(unpopd) Replacem ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16720 Summit X460G216mp32plOGE4 16 100Mb/1.0/2.5 GbE Limited PoEplus 32 Lifetime 10/100/1000BASET Warranty PoEplus 4 with 1000/10GBaseX express unpopulated SFP+ ports Advanced Rear VIM Slot(unpopd) Hardware Rear Timing Slot Replacem (unpopd) 2 unpopulated ent-2 PSU slots fan module slot (unpopd) EXOS Advanced Edge license with polic 16755 Summit Summit X460G2 Ntwrk ExtremeXOS Network Software Timing 1588 Timing Feature Pack for Warranty Summit X460G2 that enables 1588v2 PTP (Precision Time Protocol) Boundary Clock Attachment D Page 136 of 471 Page 210 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16756 Summit X460G224p24hp10GE4Bas X460G2 24 Limited e 10/100/1000BASET full Lifetime duplex PoE+ 24 Warranty 10/100/1000BASET with full/half duplex PoE+ 4 express 1000/10GaseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear Timing Replacem Slot(unpopd) 2 unpopd ent-2 PSU slots fan module slot (unpopd) ExtremeXOS Advanced Edge 16757 Summit X460G224t24htlOGE4Base X460G2 24 Limited 10/100/1000BASET full Lifetime duplex 24 Warranty 10/100/1000BASET with full/half duplex 4 express 1000/10GaseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear Timing Replacem Slot(unpopd) 2 unpopd ent-2 PSU slots fan module slot (unpopd) ExtremeXOS Advanced Edge 16776 Summit Rear Rail Kit4 Post Adapter kit for adding No Mounting rear rails to enable four Warranty post mounting of X460G2 and Summit 17 or deeper switches 16777 Summit Four Piece Rack Mount Kit Four Piece Rack Mount No Spare Kit Spare. Compatible Warranty with X450G2 X460G2 X620 (16 port models) X670 X670V X670 G2 X690 X770 X870 16778 Smart X440G2 EXOS MACsec Extreme Switching Software OmniEdge Feature Pack X440G2 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with Extreme Switching LRM/MACsec Adapter 16779 Smart X450G2 EXOS MACsec Extreme Switching Software OmniEdge Feature Pack X450G2 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with Attachment D Page 137 of 471 Page 211 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Switching LRM/MACsec Adapter 16780 Smart X460G2 EXOS MACsec Extreme Switching Software OmniEdge Feature Pack X460G2 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with X460G224p24hp 10GE4 X460G224t24htl OGE4 models or Extreme Switching LRM/MACsec Adapter 16790 Summit X59024xlg2c Base System Extreme Switching X590 1 Year base unit with 24 Warranty 1Gb/l0Gb SFP+ ports 1 10Gb/40Gb QSFP+port 2 10Gb/25Gb/40Gb/50Gb/1 OOGb capable QSFP28 ports 2 unpopulated power supplies slots 4 unpopulated fan module slots ExtremeXOS Advanced Edge License 16791 Summit X59024tlg2c Base System Extreme Switching X590 1 Year base unit with 24 Warranty 100Mb/lGb/10GBASET ports 1 10Gb/40Gb QSFP+ port 2 10Gb/25Gb/40Gb/50Gb/1 OOGb capable QSFP28 ports 2 unpopulated power supplies slots 4 unpopulated fan module slots ExtremeXOS Advanced Edge License 16795 Summit X590 EXOS Core License Extreme Switching X590 Software ExtremeXOS Core license Warranty upgrade from Advanced Ed e 16801 Fixed L2 ISW 4port POE+ 10/100 2Port 5 Year 410/100P210/100T2SFP 10/100 w/2port SFP Warranty Operating Temperature 40C +75C 16802 Fixed L2 ISW 810/100P4SFP Sport POE+ 10/100 w/ 5 Year 4port SFP Operating Warranty Temperature 40C +75C Attachment D Page 138 of 471 Page 212 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16803 Fixed L2 IS W 4GBP2GBT2SFP 4port POE+ Gigabit 2port 5 Year Gigabit w/2port SFP Warranty Operating Temperature 40C +75C 16804 Fixed L2 ISW 8GBP4SFP Sport POE+ Gigabit w/ 5 Year 4port SFP Operating Warranty Temperature 40C +75C 16805 Fixed L2 POE INJ75W24 24VDC GbE PoE injector 3 Year with 60/75W output Warranty Operating Temperature 40C +75C 16806 Fixed L2 POE INJ30W24 24VDC GbE PoE injector 3 Year with 30W output Warranty Operating Temperature 40C +75C 16807 Fixed L2 IS ACDC PS 240W IS ACDC Power Supply 3 Year 240W Output DIN Rail 25 Warranty 70C 16920 Fixed L2 IS ACDC PS 480W IS ACDC Power Supply 3 Year 480W Output DIN Rail 25 Warranty 70C 17026 Summit Stacking Cable 128G/64G Conversion cable for Limited 1.0m SummitStack256 and Lifetime SummitStack128 I.OM Warranty with express Advanced Hardware Replacem ent 17030 Summit Stacking Cable 64G I.OM SummitStack128 Stacking Limited Cable I.OM Lifetime Warranty with express Advanced Hardware Replacem ent 17038 Summit Stacking Cable 64G/20G Conversion cable for Limited 1.0m SummitStack128 and Lifetime SummitStack I.OM Warranty with express Advanced Hardware Attachment D Page 139 of 471 Page 213 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent 17101 Summit Summit X670V48xFB 48 10GBASEX SFP+ one 1 Year VIM4 slot(unpopulated) Warranty ExtremeXOS Advanced Edge License unpopulated dual PSU power slot FronttoBack airflow fan module 17102 Summit Summit X670V48xBF 48 10GBASEX SFP+ one 1 Year VIM4 slot(unpopulated) Warranty ExtremeXOS Advanced Edge License unpopulated dual PSU power slot BacktoFront airflow fan module 17103 Summit Summit X67048xFB 48 10GBASEX SFP+ 1 Year ExtremeXOS Advanced Warranty Edge License unpopulated dual PSU power slot FronttoBack airflow fan module 17104 Summit Summit X67048xBF 48 10GBASEX SFP+ 1 Year ExtremeXOS Advanced Warranty Edge License unpopulated dual PSU power slot BacktoFront airflow fan module 17111 Summit Summit X670 fan module Fan module for Summit 1 Year FB X670 series switches Warranty FronttoBack airflows are 17112 Summit Summit X670 fan module Fan module for Summit 1 Year BF X670 series switches Warranty BacktoFront airflows are 17115 Summit FAN X870 Fan Module 1 Year ASSY1x229.2CFM12FB FronttoBack airflow Warrant 17116 Summit FAN X870 Fan Module 1 Year ASSY1x229.2CFM12BF BacktoFront airflow Warrant 17121 Summit VIM340G4X VIM340G4X 4 1 Year 40GBASEX QSFP+ports Warranty module for Summit X650/X480 17122 Summit VIM440G4X VIM44OG4X 4 1 Year 40GBASEX QSFP+ports Warranty module for Summit X670V Attachment D Page 140 of 471 Page 214 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 17131 Summit Summit X670 Series Core ExtremeXOS Core Software License License Summit X670 Warranty Series 17133 Summit Summit X670 MPLS ExtremeXOS MPLS Software Feature Pack Feature Pack for Summit Warranty X670 series switches 17134 Summit Summit X670 OpenFlow ExtremeXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for Summit X670 series switches 17135 Summit X670 Multimedia(AVB) ExtremeXOS Audio Software Feature Pck Video Bridging Feature Warranty Pack for Summit X670 series switches 17136 Summit X670G2 Timing 1588 PTP ExtremeXOS Network Software Timing Feature Pack for Warranty Summit X670G2 enables 1588v2 PTP (Precision Time Protocol) 17137 Summit X670G2 EXOS MACsec Extreme Switching Software Feature Pack X670G2 EXOS MACsec Warranty Feature Pack. Enables MACsec for use with Extreme Switching LRM/MACsec Adapter 17138 Summit X690 EXOS MACsec Extreme Switching X690 Software Feature Pack EXOS MACsec Feature Warranty Pack. Enables MACsec for use with Extreme Switching LRM/MACsec Adapter 17139 Summit X590 EXOS MACsec Extreme Switching X590 Software Feature Pack EXOS MACsec Feature Warranty Pack. Enables MACsec for use with Extreme Switching LRM/MACsec Adapter 17201 Summit Summit X670V48tFBAC 48 IOGBASET 4 1 Year I OGBASEX(unpopulated Warranty and shared with 4 ports of the 48 1 OGBaseT ports) one VM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC Attachment D Page 141 of 471 Page 215 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. power supplies FronttoBack airflow fans 17202 Summit Summit X670V48tBFAC 48 10GBASET 4 1 Year 10GBASEX(unpopulated Warranty and shared with 4 ports of the 48 10GBaseT ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 BacktoFront 550W AC power supplies BacktoFront airflow fans 17203 Summit Summit X670V48tFBDC 48 10GBASET 4 1 Year 10GBASEX(unpopulated Warranty and shared with 4 ports of the 48 10GBaseT ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W DC power supplies FronttoBack airflow fans 17204 Summit Summit X670V48tBFDC 48 10GBASET 4 1 Year 10GBASEX(unpopulated Warranty and shared with 4 ports of the 48 10GBaseT ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 BacktoFront 550W DC power supplies BacktoFront airflow fans 17205 Summit Summit X670V48tFBMIX 48 10GBASET 4 1 Year 10GBASEX(unpopulated Warranty and shared with 4 ports of the 48 10GBaseT ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 1 FronttoBack 550W AC Attachment D Page 142 of 471 Page 216 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. power supply 1 FronttoBack 550W DC power supply FronttoBack airflow fans 17206 Summit Summit X670V48tBFMIX 48 10GBASET 4 1 Year IOGBASEX(unpopulated Warranty and shared with 4 ports of the 48 10GBaseT ports) one VfM4 slot (unpopulated) ExtremeXOS Advanced Edge License 1 BacktoFront 550W AC power supply 1 BacktoFront 550W DC power supply BacktoFront airflow fans 17300 Summit Summit 72 10GBASEX SFP+ 1 Year X670G272xBaseUnit ExtremeXOS Advanced Warranty Edge License unpopulated dual PSU power slot and 5 unpopulated fan airflow slots 17310 Summit Summit 48 10GBASEX SFP+ and 1 Year X670G248x4gBaseUnit 4 40GBASEX QSFP+ Warranty ExtremeXOS Advanced Edge License unpopulated dual PSU power slot and 3 unpopulated fan airflow slots 17350 Summit X69048x2g4c X690 base unit with 48 1 Year 1Gb/IOGb SFP+ ports 2 Warranty 10Gb/40Gb QSFP+ports 4 10Gb/25Gb/40Gb/50Gb/1 OOGb capable QSFP28 ports 2 unpopulated power supplies slots 6 unpopulated fan module slots ExtremeXOS Advanced Edge License 17360 Summit X69048t2g4c X690 base unit with 48 1 Year 1Gb/10GBASET ports 2 Warranty 10Gb/40Gb QSFP+ports 4 10Gb/25Gb/40Gb/50Gb/1 Attachment D Page 143 of 471 Page 217 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. OOGb capable QSFP28 ports 2 unpopulated power supplies slots 6 unpopulated fan module slots ExtremeXOS Advanced Edge License 17401 Summit X62016xBase X62016 Limited 100Mb/lGb/10GBASEX Lifetime SFP+ ports 2 unpopulated Warranty power supply slots 1 with unpopulated Fan Module express slot ExtremeXOS Edge Advanced license Hardware Replacem ent-2 17402 Summit X62016tBase X62012 Limited 100Mb/lGb/10GBASET Lifetime ports with EEE 4 Warranty 100Mb/lGb/10GBASET with with EEE shared with 4 express 1Gb/10GBASEX SFP+ Advanced ports 2 unpopulated power Hardware supply slots 1 unpopulated Replacem Fan Module slot ent-2 ExtremeXOS Edge license 17403 Summit X62016pBase X62012 Limited 100Mb/lGb/2.5Gb/5Gb/1 Lifetime OGBASET PoE(8 PoE++ Warranty and 4 PoE+) and EEE 4 with 100Mb/lGb/10GBASET express PoE+ and EEE shared Advanced with 4 1Gb/10GBASEX Hardware SFP+ ports 2 unpopulated Replacem power supply slots 1 ent-2 unpopulated Fan Module slot ExtremeXOS Edge license 17404 Summit X62010xBase X62010 Limited 100Mb/lGb/10GBASEX Lifetime SFP+ ports integrated Warranty power supply and fans with ExtremeXOS Edge express license Advanced Hardware Attachment D Page 144 of 471 Page 218 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 17405 Summit X6208t2xBase X620 8 Limited 100Mb/lGb/10GBASET Lifetime with EEE and 2 Warranty 100Mb/lGb/10GBASEX with SFP+ports integrated express power supply and fans Advanced ExtremeXOS Edge Hardware license Replacem ent-2 17431 Summit X620 Edge to Adv Edge ExtremeXOS Advanced Software License Edge License for X620 Warrant 17433 Summit X620 Multimedia(AVB) ExtremeXOS AVB Software FeaturePck (Audio Video Bridging) Warranty Feature Pack for X620 17434 Summit X620 OpenFlow ExtremeXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for X620 17435 Smart X620 EXOS MACsec Extreme Switching X620 Software OmniEdge Feature Pack EXOS MACsec Feature Warranty Switching Pack. Enables MACsec for use with Extreme Switching LRM/MACsec Adapter 17701 Summit Summit X77032gFBAC 32 40GBASEX QSFP+ 1 Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC power supplies 5 FronttoBack airflow fan modules 17702 Summit Summit X77032gBFAC 32 40GBASEX QSFP+ 1 Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 BacktoFront 550W AC power supplies 5 BacktoFront airflow fan modules 17703 Summit Summit X77032gFBDC 32 40GBASEX QSFP+ 1 Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 FronttoBack 550W DC Attachment D Page 145 of 471 Page 219 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. power supplies 5 FronttoBack airflow fan modules 17704 Summit Summit X77032gBFDC 32 40GBASEX QSFP+ 1 Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 BacktoFront 550W DC power supplies 5 BacktoFront airflow fan modules 17705 Summit Summit X77032gFBMIX 32 40GBASEX QSFP+ 1 Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 1 FronttoBack 550W AC power supply 1 FronttoBack 550W DC power supply 5 FronttoBack airflow fan modules 17706 Summit Summit X77032gBFMIX 32 40GBASEX QSFP+ 1 Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 1 BacktoFront 550W AC power suppy 1 BacktoFront 550W DC power suppy 5 BacktoFront airflow fan modules 17725 Summit Summit X770 Series Core ExtremeXOS Core Software License License Summit X770 Warranty Series 17726 Summit Summit X770 MPLS ExtremeXOS MPLS Software Feature Pck Feature Pack for Summit Warranty X770 series switches 17727 Summit Summit X770 OpenFlow ExtremeXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for Summit X770 series switches 17728 Summit X770 Multimedia(AVB) ExtremeXOS Audio Software Feature Pck Video Bridging Feature Warranty Pack for Summit X770 series switches Attachment D Page 146 of 471 Page 220 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 17729 Summit Summit X770 Timing 1588 ExtremeXOS Network Software PTP Timing Feature Pack for Warranty Summit X770 enables 1588v2 PTP (Precision Time Protocol 17800 Summit X87032cBase X87032c Base unit 32 1 Year 10Gb/25Gb/40Gb/50Gb/1 Warranty OOGb QSFP28 ports unpopulated ExtremeXOS Advanced Edge License 2 unpopulated power supply slots 6 unpopulated fan module slots 17810 Summit X87096x8cBase X87096x8c Base unit 96 1 Year 10Gb ports on 24 QSFP28 Warranty ports unpopulated 8 10Gb/25Gb/40Gb/50Gb/1 OOGb QSFP28 ports unpopulated ExtremeXOS Advanced Edge License 2 unpopulated power supply slots 6 unpopulated fan module slots 17825 Summit X870 Core License ExtremeXOS X870 Software Series Core License Warrant 17826 Summit X870 Openflow License ExtremeXOS X870 Software O enFlow Feature Pack Warrant 17828 Summit X870 MPLS License ExtremeXOS X870 Software MPLS License Warrant 17830 Summit X87096x8c 6 port Speed ExtremeXOS X87096x8c Software Lic Port Speed License Warranty upgrades 6 ports to 10Gb/25Gb/40Gb/50Gb/1 OOGb support 18001 Wireless 16502 X4408P 15761 Wireless Bundle Limited 06/30/ AP4511 US06 consisting of Qty 1 Lifetime 2020 X4408p and Qty 6 Warranty Altitude 4511 AP US with regulatory domain express Advanced Hardware Replacem ent 18002 Wireless 16502 X4408P 15762 Wireless Bundle Limited 06/30/ AP4511 WW06 consisting of Qty 1 Lifetime 2020 X4408p and Qty 6 Warranty Attachment D Page 147 of 471 Page 221 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Altitude 4511 NP with Worldwide regulatory express domain Advanced Hardware Replacem ent 18003 Wireless 16504 X44024P 15761 Wireless Bundle Limited 06/30/ AP4511 US12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 AP US with regulatory domain express Advanced Hardware Replacem ent 18004 Wireless 16504 X44024P 15762 Wireless Bundle Limited 06/30/ AP4511 WW 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 NP with Worldwide regulatory express domain Advanced Hardware Replacem ent 18005 Wireless 16504 X44024P 15783 Wireless Bundle Limited 06/30/ AP4021i US 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP US with regulatory domain express Advanced Hardware Replacem ent 18006 Wireless 16504 X44024P 15784 Wireless Bundle Limited 06/30/ AP4021i WW 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP with Worldwide regulatory express domain Advanced Hardware Replacem ent 18007 Wireless 16504 X44024P 15785 Wireless Bundle Limited 06/30/ AP402 I e US 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 402 1 e AP with I Attachment D Page 148 of 471 Page 222 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. including Qty 48 express Antennas US regulatory Advanced domain Hardware Replacem ent 18008 Wireless 16504 X44024P 15788 Wireless Bundle Limited 06/30/ AP402le WW12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 402 1 e AP with including Qty 48 express Antennas Worldwide Advanced regulatory domain Hardware Replacem ent 18009 Wireless 16506 X44048P 15761 Wireless Bundle Limited 06/30/ AP4511 US12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP US with regulatory domain express Advanced Hardware Replacem ent 18010 Wireless 16506 X44048P 15762 Wireless Bundle Limited 06/30/ AP4511 WW 12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 NP with Worldwide regulatory express domain Advanced Hardware Replacem ent 18011 Wireless 16506 X44048P 15764 Wireless Bundle Limited 06/30/ AP4532i US6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 NP US with regulatory domain express Advanced Hardware Replacem ent 18012 Wireless 16506 X44048P 15765 Wireless Bundle Limited 06/30/ AP4532i WW6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 NP with express Attachment D Page 149 of 471 Page 223 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Worldwide regulatory Advanced domain Hardware Replacem ent 18013 Wireless 16506 X44048P 15767 Wireless Bundle Limited 06/30/ AP4532e US6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas US regulatory Advanced domain Hardware Replacem ent 18014 Wireless 16506 X44048P 15768 Wireless Bundle Limited 06/30/ AP4532e WW6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas Worldwide Advanced regulatory domain Hardware Replacem ent 18015 Wireless 16502 X4408P 15782 Wireless Bundle Limited 06/30/ AP4511 EU06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Altitude 4511 NP with European Union express regulatory domain Advanced Hardware Replacem ent 18016 Wireless 16504 X44024P 15782 Wireless Bundle Limited 06/30/ AP4511 EU12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 NP with European Union express regulatory domain Advanced Hardware Replacem ent 18017 Wireless 16504 X44024P 15804 Wireless Bundle Limited 06/30/ AP4021i EU12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP with European Union express re ulatory domain Advanced Attachment D Page 150 of 471 Page 224 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Hardware Replacem ent 18018 Wireless 16504 X44024P 15808 Wireless Bundle Limited 06/30/ AP402le EU12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 402 1 e AP with including Qty 48 express Antennas European Union Advanced regulatory domain Hardware Replacem ent 18019 Wireless 16506 X44048P 15782 Wireless Bundle Limited 06/30/ AP4511 EU12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 NP with European Union express regulatory domain Advanced Hardware Replacem ent 18020 Wireless 16506 X44048P 15798 Wireless Bundle Limited 06/30/ AP4532i EU6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 NP with European Union express regulatory domain Advanced Hardware Replacem ent 18021 Wireless 16506 X44048P 15799 Wireless Bundle Limited 06/30/ AP4532e EU6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas European Union Advanced regulatory domain Hardware Replacem ent 18101 VPE V40024t10GE2 V400 Series 24 Limited 10/100/1000BASET 2 Lifetime 1000/10GBaseX Warranty unpopulated SFP+ ports with fixed power supply and express fan Advanced Hardware Attachment D Page 151 of 471 Page 225 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent 18102 VPE V40024p10GE2 V400 Series 24 Limited 10/100/1000BASET Lifetime PoE+ 2 1000/10GBaseX Warranty unpopulated SFP+ports with fixed power supply and express fans Advanced Hardware Replacem ent 18103 VPE V40048t10GE4 V400 Series 48 Limited 10/100/1000BASET 4 Lifetime 1000/10GBaseX Warranty unpopulated SFP+ports with fixed power supply and express fan Advanced Hardware Replacem ent 18104 VPE V40048p10GE4 V400 Series 48 Limited 10/100/1000BASET Lifetime PoE+ 4 1000/10GBaseX Warranty unpopulated SFP+ports with fixed power supply and express fans Advanced Hardware Replacem ent 18201 VPE VXRPSCH3 VX 3 Slot Redundant Limited Power Supply Shelf Lifetime Warranty with express Advanced Hardware Replacem ent 18202 VPE VXRPS1000 VX 1000W Redundant Limited Power Supply Lifetime Warranty with express Advanced Hardware Attachment D Page 152 of 471 Page 226 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent 27001 Network ECASW ExtremeManagement Software Manageme ExtremeControl Warranty nt ExtremeAnalytics Subscription License. Requires associated service for each managed network device and/or user. 30135 IdentiFi WSC35 WIRELESS WSC35 WLAN I Year Wireless APPLIANCE Appliance. Manages 50 Warranty Access Points expandable to 125 in I or 16 AP increments. Requires Regulatory Domain Key 30136 IdentiFi WSC5215 WLAN WSC5215 WLAN I Year Wireless CONTROLLER Appliance. Manages 100 Warranty Access Points expandable to 1000 in 25 or 100 AP increments. Requires Regulatory Domain Key. 30137 IdentiFi El 120 ExtremeCloud Appliance I Year Wireless El 120 expandable to 125 Warranty APs/Defenders and 50 Switches (Requires Separate Activation Key) 30138 IdentiFi E2120 ExtremeCloud Appliance I Year Wireless E2120 expandable to Warranty 2000 APs/Defenders and 800 Switches (Requires Separate Activation Key) 30139 Smart E3120 ExtremeCloud Appliance I Year OmniEdge E3120 expandable to Warranty Wireless 5000 APs/Defenders and 1000 Switches (Requires Separate Activation Key) 30311 IdentiFi WSREGIOPFCC VIO Regulatory Domain Software Wireless Key for FCC domain (For Warranty following countries US Puerto Rico Colombia). Enables WLAN appliances and access points with appropriate RF settings for the country. Attachment D Page 153 of 471 Page 227 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 30312 IdentiFi WSREGIOPROW VIO Regulatory Domain Software Wireless Key for ROW domain Warranty (For Rest of World). Enables WLAN appliances and access points with appropriate RF settings for the country. 30313 IdentiFi WSV211010FCC V2110 V10 Virtual Software Wireless Wireless Appliance for Warranty FCC domain (For following countries US Puerto Rico Colombia). Base of 8 APs expandable to 525 APs in I or 16 AP increments includes 2 free Radar licenses. 30314 IdentiFi WSV211010ROW V2110 V10 Virtual Software Wireless Wireless Appliance for Warranty ROW regulatory domain (For Rest of World). Base of 8 APs expandable to 525 A-Ps in I or 16 AP increments includes 2 free Radar licenses. 30315 IdentiFi WSREGIOPBASE VIO Base Key to be used Software Wireless with appliances managing Warranty 3900 series or higher series access points. Enables WLAN appliances and access points with appropriate RF settings for the country 30316 IdentiFi WSV211010BASE VIO Base Key to be used Software Wireless with V2110 virtual Warranty appliance managing 3900 series or higher series access points. Base of 8 APs expandable to 525 A-Ps in I or 16 AP increments includes 2 free Radar licenses. 30320 IdentiFi ExtremeWireless V2110 PRDVEGY Software Wireless V10 Reg Key EGYPT ExtremeWireless VIO Warranty Regulatory Key for Attachment D Page 154 of 471 Page 228 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. V2110 Virtual Appliances for Egypt 30321 IdentiFi ExtrerneWireless VIO Reg PRDKEGY Software Wireless Key EGYPT ExtrerneWireless VIO Warranty Regulatory Key for Hardware Appliances for Egypt 30323 IdentiFi Activation Key (V4) ExtrerneCloud Appliance Software Wireless Physical Appliance V4 Warranty Activation Key 30324 IdentiFi Activation Key (V4) ExtrerneCloud Virtual Software Wireless Virtual Appliance Activation Key Warranty (Except Egypt). Applies to VE6120 or VE6125. Activation capacity urchased separately. 30325 IdentiFi Activation Key (V4) for ExtrerneCloud Appliance Software Wireless Egypt Physical Appliance V4 Warranty Activation Key for EGYPT ONLY 30326 IdentiFi Activation Key (V4) ExtrerneCloud Virtual Software Wireless Virtual EGY Appliance Activation Key Warranty for Egypt. Applies to VE6120 or VE6125. Activation capacity urchased separately. 30327 IdentiFi 5 Device Adoption ExtrerneCloud Appliance Software Wireless 5 Device Adoption Warranty License (Requires Subscription Purchase 9700330327 or 9560330327) 30328 IdentiFi 25 Device Adoption ExtrerneCloud Appliance Software Wireless 25 Device Adoption Warranty License (Requires Subscription Purchase 9700330328 or 9560330328) 30329 IdentiFi 100 Device Adoption ExtrerneCloud Appliance Software Wireless 100 Device Adoption Warranty License (Requires Subscription Purchase 9700330329 or 9560330329) 30330 IdentiFi 500 Device Adoption ExtrerneCloud Appliance Software Wireless 500 Device Adoption Warranty Attachment D Page 155 of 471 Page 229 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. License (Requires Subscription Purchase 9700330330 or 9560330330) 30331 IdentiFi 2000 Device Adoption ExtremeCloud Appliance Software Wireless 2000 Device Adoption Warranty License (Requires Subscription Purchase 9700330331 or 9560330331) 30350 IdentiFi XCA 5 Dev Adoption Perm ExtremeCloud Appliance Software Wireless License 5 device permanent Warranty adoption license 30351 IdentiFi XCA 25 Dev Adoption ExtremeCloud Appliance Software Wireless Perm License 25 device permanent Warranty adoption license 30352 IdentiFi XCA 100 Dev Adoption ExtremeCloud Appliance Software Wireless Perm License 100 device permanent Warranty adoption license 30353 IdentiFi XCA 500 Dev Adoption ExtremeCloud Appliance Software Wireless Perm License 500 device permanent Warranty adoption license 30354 IdentiFi XCA 2000 Dev Adoption ExtremeCloud Appliance Software Wireless Perm License 2000 device permanent Warranty adoption license 30512 WiNG WSPSI12VMR2 12V PWR Multi region 12V Indoor I Year Wireless SPLY External Power Supply Warranty Wing 30513 IdentiFi WSMBIWALL03 WALL Indoor wall mounting I Year Wireless MTGBRKT bracket for AP3935i/e Warranty 30514 WiNG WSMBOARTOI Outdoor articulating I Year Wireless Articulating Mtg Brkt mounting bracket for Warranty AP3965i/e 30515 IdentiFi WSMBWALLEXTOI Wall mounting bracket I Year Wireless extension for indoor and Warranty outdoor directional service antennas 30516 WiNG WSMBIWALL04 Wall Indoor wall mounting I Year Wireless Mt g Brkt bracket for AP3916ic Warranty 30517 WiNG WSEIOOI AP Enclosure Indoor/Outdoor AP I Year Wireless enclosure for underseat Warranty install 30518 WiNG WSMBIDCMTROI Drop Ceiling MultiT Rail I Year Wireless Bracket. Accommodates Warranty 9/16 15/16 and 1.5 wide Tbars Attachment D Page 156 of 471 Page 230 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 30519 WiNG WSMBOHOI HT Outdoor HType mounting I Year Wireless MTGBRKT bracket for AP3917i/e or Warranty AP 7662 i/e 30520 WiNG WSMBOPOLEOI POLE Outdoor Pole mounting I Year Wireless MTGBRKT bracket for AP3 917i/e or Warranty AP 7662 i/e 30521 IdentiFi WSMBIWALL05 DESK Wall and Desk offset I Year Wireless MTGBRKT mounting bracket for Warranty AP3912i 30522 IdentiFi WSPS1750W01 750W redundant power I Year Wireless supply for network Warranty appliances (validate supported model numbers before ordering) 30524 WiNG SE1002 Silicone Rubber Silicone Rubber Chamfer I Year Wireless Kit Gasket Kit for WSEIOO I Warranty AP Enclosure 30525 WiNG WSCABRJ45FLT0I 300mm Ethernet I Year Wireless extension cable with RJ45 Warranty receptaclefor AP3915i or WSMBIWALL05 30527 Smart WSPSIIIOOWOI I I OOW Redundant Power I Year OmniEdge Supply for E3120 Warranty Wireless 30702 IdentiFi WSAIDQ05120 5DBI Indoor 2.3 2.7/4.96.1 GHz I Year Wireless 120DEG SECTOR 4feed 5dBi 120 degree Warranty sector antenna with standard RPSMAtype lu connector 30703 IdentiFi WSA15Q04060 4dbi 60deg Indoor 4.96.1 GHz 4feed I Year Wireless Sector 4dBi 60 degree sector Warranty antenna with standard RPSMAtype plug 30704 IdentiFi WSA12Q05060 5dbi 60deg Indoor 2.32.7GHz 4feed I Year Wireless Sector 5dBi 60 degree sector Warranty antenna with standard RPSMAtype plug connector 30705 IdentiFi WSAIDE07025 6.5/5DBI Indoor 2.4GHz/5GHz I Year Wireless 25DEG SECTOR eight feed 6.5/5.5dBi 25 Warranty degree sector antenna with standard RPSMAtype lu connector 30706 IdentiFi WSA15Q05025 5DBI Indoor 5GHz four feed I Year Wireless 25DEG SECTOR 5dBi 25 degree sector Warranty Attachment D Page 157 of 471 Page 231 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. antenna with RPSMAtype plug connector 30707 IdentiFi WSAIDE10055 10/6DBI Indoor 2.4GHz/5GHz I Year Wireless 55DEG SECTOR eight feed 10/6dBi 55 Warranty degree sector antenna with standard RPSMAtype lu connector 30709 IdentiFi WSANT2DIP4 DIPOLE Indoor 2.4GHz dipole I Year Wireless antenna (4pack) Warranty 30710 IdentiFi WSANT5DIP4 DIPOLE Indoor 5GHz dipole I Year Wireless antenna(4pack) Warranty 1 30711 IdentiFi WSAODQ05120N 5DBI Outdoor I Year Wireless 120DEG SECTOR 2.3 2.7/4.96.1 GHz 4feed Warranty 5dBi 120 degree sector antenna with standard Ntype plug connector 30712 IdentiFi WSA05Q04060N 4dBi Outdoor 4.96.1 GHz 4feed I Year Wireless 60deg Sector 4dBi 60 degree sector Warranty antenna with standard Ntype plug 30713 IdentiFi WSA02Q05060N 5dbi Outdoor 2.32.7GHz 4feed I Year Wireless 60deg Sector 5dBi 60 degree sector Warranty antenna with standard Ntype plug connector 30714 IdentiFi WSAODE07025N Outdoor 2.4GHz/5GHz I Year Wireless 6.5/5DBI 25DEG SECTOR eight feed 6.5/5.5dBi 25 Warranty degree sector antenna with standard Ntype plug connector 30715 IdentiFi WSAODE13025N Outdoor 2.4GHz/5GHz I Year Wireless 13/1 IDBI 25DEG eight feed 13/11 dBi 25 Warranty SECTOR degree sector antenna with standard Ntype plug connector 30716 IdentiFi WSA05Q05025N 5DBI Outdoor 5GHz four feed I Year Wireless 25DEG SECTOR 5dBi 25 degree sector Warranty antenna with standard Ntype plug connector 30717 IdentiFi WSA05Q I 1025N I IDBI Outdoor 5GHz four feed I Year Wireless 25DEG SECTOR 11 dBi 25 degree sector Warranty antenna with standard Ntype plug connector 30718 IdentiFi WSAODE10055N 10/6DBI Outdoor 2.4GHz/5GHz I Year Wireless 55DEG SECTOR eight feed 10/6dBi 55 Warranty degree sector antenna with Attachment D Page 158 of 471 Page 232 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. standard Ntype plug connector 30720 IdentiFi WSAODE07100N 7dbi Outdoor I Year Wireless 100deg Panel 2.42.5/5.155.875GHz Warranty Eightfeed 7dBi 100 degree panel antenna with standard Ntype plug connector 30724 WiNG WSAODQ04360N 4DBI Outdoor I Year Wireless O 2.42.5/5.155.875GHz Warranty 4dBi Omni antenna with standard Ntype plug connector 30912 IdentiFi WSAP3805iFCC Cloudready Dual band Limited 06/30/ Wireless Dual Radio 802.11 ac/abgn Lifetime 2023 2x22 MIMO Indoor Wave Warranty I access point with four with internal antenna array. express Available in the US Advanced Puerto Rico and Hardware Colombia. Replacem ent-2 30913 IdentiFi WSAP3805iROW Cloudready Dual band Limited 06/30/ Wireless Dual Radio 802.11 ac/abgn Lifetime 2023 2x22 MIMO Indoor Wave Warranty I access point with four with internal antenna array. express Not available in the US Advanced Puerto Rico nor Colombia Hardware verify country availability Replacem before ordering ent-2 31012 IdentiFi WSAP3935iFCC Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with internal antenna array and express active/active E/N data Advanced ports. Restricted Hardware Regulatory Domain FCC Replacem (For following countries ent-2 US Puerto Rico Colombia) 31013 IdentiFi WSAP3935iROW Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty I access point with eight I with I I Attachment D Page 159 of 471 Page 233 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. internal antenna array and express active/active E/N data Advanced ports. Restricted Hardware Regulatory Domain Rest Replacem of World ent-2 31014 IdentiFi WSAP3935eFCC Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with reverse polarity SMA express connectors (4 connectors Advanced per band) for external Hardware antenna array and Replacem active/active E/N data ent-2 ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31015 IdentiFi WSAP3935eROW Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with reverse polarity SMA express connectors (4 connectors Advanced per band) for external Hardware antenna array and Replacem active/active E/N data ent-2 ports. Restricted Regulatory Domain Rest of World 31016 IdentiFi WSAP3965iFCC Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight internal antenna array and active/active E/N data ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31017 IdentiFi WSAP3965iROW Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 I access point with eight I I I Attachment D Page 160 of 471 Page 234 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. internal antenna array and active/active E/N data ports. Restricted Regulatory Domain Rest of World 31018 IdentiFi WSAP3965eFCC Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight Ntype jack connectors (4 connectors per band) for external antenna array and active/active E/N data ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31019 IdentiFi WSAP3965eROW Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight Ntype jack connectors (4 connectors per band) for external antenna array and active/active E/N data ports. Restricted Regulatory Domain Rest of World 31020 IdentiFi WSAP3935iIL ExtremeWireless Dual Limited Wireless band Dual Radio Lifetime 802.11 ac/abgn 4x44 Warranty MIMO Indoor wave2 with access point with eight express internal antenna array and Advanced active/active E/N data Hardware ports. Restricted Replacem Regulatory Domain Israel ent-2 31025 IdentiFi WSAP3912iFCC Wallplate Cloudready Limited Wireless Dual band Dual Radio Lifetime 802.11 ac/abgn 2x22 Warranty MIMO Indoor Wave 2 with access point with four express internal antenna array. Advanced Available in the US Hardware Attachment D Page 161 of 471 Page 235 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Puerto Rico and Replacem Colombia. ent-2 31026 IdentiFi WSAP3912iROW Wallplate Cloudready Limited Wireless Dual band Dual Radio Lifetime 802.11 ac/abgn 2x22 Warranty MIMO Indoor Wave 2 with access point with four express internal antenna array. Advanced Verify country availability Hardware before ordering not Replacem available in the US Puerto ent-2 Rico nor Colombia. 31028 IdentiFi WSAP3915iFCC Cloudready Dual band Limited Wireless Dual Radio 802.11 ac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with four with internal antenna array and express integrated BTLE/802.15.4 Advanced radio. Available in the US Hardware Puerto Rico and Replacem Colombia. ent-2 31029 IdentiFi WSAP3915iROW Cloudready Dual band Limited Wireless Dual Radio 802.11 ac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with four with internal antenna array and express integrated BTLE/802.15.4 Advanced radio. Verify country Hardware availability before Replacem ordering NOT available in ent-2 the US Puerto Rico nor Colombia. 31031 IdentiFi WSAP3915eFCC Cloudready Dual band Limited Wireless Dual Radio 802.11 ac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with three with external antenna ports and express integrated BTLE/802.15.4 Advanced radio. Available in the US Hardware Puerto Rico and Replacem Colombia. ent-2 31032 IdentiFi WSAP3915eROW Cloudready Dual band Limited Wireless Dual Radio 802.11 ac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 1 2 access point w/3 with I Attachment D Page 162 of 471 Page 236 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. external antenna ports express integrated BTLE/802.15.4 Advanced radio. Verify country Hardware availability before Replacem ordering NOT available in ent-2 US Puerto Rico or Columbia. 31034 IdentiFi WSAP3916icFCC AP + Video Camera I Year Wireless Cloudready Dual band Warranty Dual Radio 802.11 ac/abgn 2x22 MIMO Indoor Wave 2 access point with four internal antenna array and integrated BTLE/802.15.4 radio. Available in the US Puerto Rico and Colombia. 31035 IdentiFi WSAP3916icROW AP + Video Camera I Year Wireless Cloudready Dual band Warranty Dual Radio 802.11 ac/abgn 2x22 MIMO Indoor Wave 2 access point with four internal antenna array and integrated BTLE/802.15.4 radio. Verify country availability before ordering NOT available in the US Puerto Rico nor Colombia. 31050 IdentiFi WSAP3917iFCC Cloudready Dual band I Year Wireless Dual Radio 802.11 ac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four internal antenna array. Available in the US Puerto Rico and Colombia. 31051 IdentiFi WSAP3917iROW Cloudready Dual band I Year Wireless Dual Radio 802.11 ac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four internal antenna array. Verify country availability before ordering not available in Attachment D Page 163 of 471 Page 237 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. the US Puerto Rico Colombia nor Israel. 31055 IdentiFi WSAP3917eFCC Cloudready Dual band I Year Wireless Dual Radio 802.11 ac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four external antenna ports. Available in the US Puerto Rico and Colombia. 31056 IdentiFi WSAP3917eROW Cloudready Dual band I Year Wireless Dual Radio 802.11 ac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four external antenna ports. Verify country availability before ordering not available in the US Puerto Rico Colombia nor Israel. 32216 WiNG WSMBVVMM Vehicle Vehicle Mounted Modem I Year Wireless Bracket Bracket Warranty 36502 Smart LBSBLE2AP Bluetooth beacon No OmniEdge 2alkaline batteries fully Warranty Wireless provisioned 36504 Smart LBSBLE2LP Bluetooth beacon No OmniEdge 2lithium batteries fully Warranty Wireless provisioned 36506 Smart LBSBLE4AP Bluetooth beacon 4 No OmniEdge alkaline batteries fully Warranty Wireless provisioned 36508 Smart LBSBLE4LP Bluetooth beacon 4 No OmniEdge lithium batteries fully Warranty Wireless provisioned 36510 Smart LBSBLEUSBP Bluetooth beacon USB No OmniEdge fully provisioned Warranty Wireless 36511 Smart LBSBLE2AU8 Bluetooth beacon No OmniEdge 2alkaline batteries not Warranty Wireless provisioned (8Pack) 36513 Smart LBSBLE2LU8 Bluetooth beacon No OmniEdge 2lithium batteries not Warranty Wireless provisioned (8Pack) Attachment D Page 164 of 471 Page 238 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 36515 Smart LBSBLE4AU8 Bluetooth beacon 4 No OmniEdge alkaline batteries not Warranty Wireless provisioned (8Pack) 36517 Smart LBSBLE4LU8 Bluetooth beacon 4 No OmniEdge lithium batteries not Warranty Wireless provisioned (8Pack) 36519 Smart LBSBLEUSBUIOO Bluetooth beacon USB No OmniEdge not provisioned (100Pack) Warranty Wireless 37101 '"TiNG AP7612680B30US 802.11 ac Wallplate Limited Wireless Wedge MUMIMO 2x22 Lifetime Dual radio internal Warranty antenna Domain United Wing States Puerto Rico 37102 WiNG AP7612680B30WR 802.11 ac Wallpate Wedge Limited Wireless MUMIMO 2x22 Dual Lifetime radio internal antenna Warranty Domain Canada Colombia Wing EMEA Rest of World 37103 WiNG AP7612680B30EG WiNG 802.11 ac Wallpate Limited Wireless Wedge Wave 2 2x22 Dual Lifetime radio internal antenna Warranty Domain Egypt Wing 37111 WiNG AP7632680B30US WiNG 802.11 ac Indoor Limited Wireless Wave 2 MUMIMO Lifetime Access Point 2x22 Dual Warranty Radio Wing 802.11 ac/abgninternal antenna Domain United States Puerto Rico 37112 WiNG AP7632680B30WR WiNG 802.11 ac Indoor Limited Wireless Wave 2NIUMIMO Access Lifetime Point 2x22 Dual Radio Warranty 802.11 ac/abgn internal Wing antenna Domain Canada Colombia EXffiA Rest of World 37113 WiNG AP7632680B40US WiNG 802.11 ac Indoor Limited Wireless Wave 2 MUMIMO Lifetime Access Point 2x22 Dual Warranty Radio Wing 8 02.11 ac/abgnexternal antenna Domain United States Puerto Rico 37114 WiNG AP7632680B40WR WiNG 802.11 ac Indoor Limited Wireless Wave 2NIUMIMO Access Lifetime Attachment D Page 165 of 471 Page 239 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Point 2x22 Dual Radio Warranty 8 02.11 ac/abgnexternal Wing antenna Domain Canada Colombia EXffiA Rest of World 37115 WiNG AP763268OB30EG WiNG 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgninternal Wing antenna Domain Egypt 37116 WiNG AP763268OB40EG WiNG 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 8 02.11 ac/abgnexternal Wing antenna Domain Egypt 37117 WiNG AP76326801330H, WiNG 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgninternal Wing antenna Domain Israel 37121 WiNG AP766268OB30US WiNG 802.11 ac Outdoor I Year Wireless Wave 2 MUMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgninternal antenna Domain United States Puerto Rico 37122 WiNG AP766268OB30WR WiNG 802.11 ac Outdoor I Year Wireless Wave 2NIUMIMO Access Warranty Point 2x22 Dual Radio Wing 802.11 ac/abgn internal antenna DomainCanada Colombia EXffiA Rest of World 37123 WiNG AP766268OB40US WiNG 802.11 ac Outdoor I Year Wireless Wave 2 MUMIMO Warranty Access Point 2x22 Dual Wing Radio 8 02.11 ac/abgnexternal antenna Domain United States Puerto Rico 37124 WiNG AP766268OB40WR WiNG 802.11 ac Outdoor I Year Wireless Wave 2 MUMIMO Warranty Access Point 2x22 Dual Wing Radio 8 02.11 ac/abgnexternal Attachment D Page 166 of 471 Page 240 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. antenna Domain Colombia EMEA Rest of World 37129 WiNG AP7662680B40EG WiNG 802.11 ac Outdoor I Year Wireless Wave 2 Access Point Warranty 2x22 Dual Radio Wing 8 02.11 ac/abgnexternal antenna Domain Egypt 37130 WiNG AP76626801330H, WiNG 802.11 ac Outdoor I Year Wireless Wave 2 Access Point Warranty 2x22 Dual Radio Wing 802.11 ac/abgn Internal antenna Domain Israel 37201 WiNG Mounting Plate for Indoor Mounting Plate for Indoor I Month Wireless APs APs Warranty Wing 37210 WiNG Flat Metal Indoor Bracket Flat Metal Indoor Bracket I Month Wireless Warranty Wing 37211 WiNG WSMBIDCFLUSH Drop Ceiling Flat Tile I Month Wireless Tbar Bracket. Warranty Accommodates 9/16 Wing 15/16 and 1.5 wide Tbars 37215 WiNG PWR 12VDC 2A 2.5mm x PWR 12VDC 2A 2.5mm I Month Wireless 5.5mm connector x 5.5mm connector. Warranty Global AC plugs included Wing 37219 Smart PWR 12VDC 3A 2.5mm x PWR 12VDC 3A 2.5mm I Year OmniEdge 5.5mm connector x 5.5mm connector. Warranty Wireless Global AC plugs included 37421 WiNG EGuestLICIAP ExtremeGuest Analytics Software Wireless License for I AP Warranty 37422 WiNG EGuestLIC5A-P ExtremeGuest Analytics Software Wireless License for SAPS Warranty 1 37423 WiNG EGuestLICIOAP ExtremeGuest Analytics Software Wireless License for IOAPs Warranty 37424 WiNG EGuestLIC50AP ExtremeGuest Analytics Software Wireless License for 50APs Warranty 37425 WiNG EGuestLIC I 00AP ExtremeGuest Analytics Software Wireless License for 100A-Ps Warranty 1 37426 WiNG EGuestLIC500AP ExtremeGuest Analytics Software Wireless License for 500APs Warranty 37427 WiNG EGuestLIC I 000AP ExtremeGuest Analytics Software Wireless License for IOOOAPs Warranty 37428 WiNG EGuestLIC2000AP ExtremeGuest Analytics Software Wireless License for 2000APs I Warranty I I Attachment D Page 167 of 471 Page 241 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 39016 Subscriptio Cloud WLAN Mgmt FCC Cloud AN VIO Software n Reg Domain Subscription Licenses for Warranty Management Control and BYOD FCC Regulatory Domain (Used for Mixed 3 7XX/3 8XX/3 9XX Deployments Restricted to Qualified Partners) 39017 Subscriptio Cloud WLAN Mgmt ROW Cloud WLAN VIO Software n Domain Subscription Licenses for Warranty Management Control and BYOD ROW Regulatory Domain (Used for Mixed 3 7XX/3 8XX/3 9XX Deployments Restricted to Qualified Partners) 39018 Subscriptio Cloud WLAN Mgmt Base Cloud WLAN VIO Base Software n Subscription Licenses for Warranty Management Control and BYOD Worldwide (Only used with 39XX deployments Restricted to Qualified Partners) 39021 IdentiFi 802.1 lac Wave 2 Wireless Extreme Networks I Year 12/30/ Wireless Demo Bundle FCC 802.11 ac Wave 2 440G2 Warranty 2024 Partner DemoKit for US Puerto Rico and Colombia 39022 IdentiFi 802.1 lac Wave 2 Wireless Extreme Networks I Year 07/25/ Wireless Demo Bundle EU 802.11 ac Wave 2 440G2 Warranty 2023 Partner DemoKit for the European Union (EU) 39023 IdentiFi 802.1 lac Wave 2 Wireless Extreme Networks I Year 12/30/ Wireless Demo Bundle ROW 802.11 ac Wave 2 440G2 Warranty 2024 Partner DemoKit for Rest of World including EMEA 39031 IdentiFi WSAP3805i2xl Limited time 2 for I Limited 06/30/ Wireless promotion for the Lifetime 2023 AP3805i (verify country Warranty availability before with ordering) express Advanced Hardware Replacem ent-2 Attachment D Page 168 of 471 Page 242 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 39032 IdentiFi WSA-P3825i2xI Limited time 2 for I Limited 12/31/ Wireless promotion for the Lifetime 2022 AP3825i (verify country Warranty availability before with ordering) express Advanced Hardware Replacem ent-2 39033 IdentiFi WSAP3805iFCC2xI Limited time 2 for I Limited 06/20/ Wireless promotion for the Lifetime 2023 AP3805iFCC (available in Warranty the US Puerto Rico and with Colombia) express Advanced Hardware Replacem ent-2 39034 IdentiFi WSAP3805iROW2xI Limited time 2 for I Limited 12/31/ Wireless promotion for the Lifetime 2022 AP3805iROW (not Warranty available for the US with Puerto Rico nor Colombia express verify RestofWorld Advanced country availability before Hardware ordering) Replacem ent-2 39035 IdentiFi WSAP3865e2xl Limited time 2 for I Limited 03/31/ Wireless promotion for the Lifetime 2023 AP3865e (verify country Warranty availability before with ordering) express Advanced Hardware Replacem ent-2 39036 IdentiFi WSAP39l2iFCC2xI Limited time 2 for I Limited 06/28/ Wireless promotion for the Lifetime 2024 AP3912iFCC (available in Warranty the US Puerto Rico and with Colombia) express Advanced Hardware Replacem ent-2 Attachment D Page 169 of 471 Page 243 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 39037 IdentiFi WSAP39l2iROW2xI Limited time 2 for I Limited 06/28/ Wireless promotion for the Lifetime 2024 AP3912iROW (Not Warranty available in FCC region with verify RestofWorld express country availability before Advanced ordering) Hardware Replacem ent-2 39038 IdentiFi WSAP3935iFCC2xI Limited time 2 for I Limited 12/28/ Wireless promotion for the Lifetime 2023 AP3935iFCC (available in Warranty the US Puerto Rico and with Colombia) express Advanced Hardware Replacem ent-2 39039 IdentiFi WSAP3935iROW2xI Limited time 2 for I Limited 12/28/ Wireless promotion for the Lifetime 2023 AP3935iROW (not Warranty available for the US with Puerto Rico nor Colombia express verify RestofWorld Advanced country availability before Hardware ordering) Replacem ent-2 39505 Smart SA201 Defender Adapter 201 1 Year OmniEdge with two 10/100/1000 Warranty Wireless BASET ports (I network port and I device port) power from POE/POE+ optional power adapter sold separately. Verify country availability before ordering. 39521 Smart Defender Lic for 10 End Defender License for 10 Software OmniEdge Systems Protected End Systems Warranty Applicatio ns 39522 Smart Defender Lic for 100 End Defender License for 100 Software OmniEdge Systems Protected End Systems Warranty Applicatio ns Attachment D Page 170 of 471 Page 244 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 39523 Smart Defender Lic for 1000 End Defender License for Software OmniEdge Systems 1000 Protected End Warranty Applicatio Systems ns 39524 Smart Defender Lic for 5000 End Defender License for Software OmniEdge Systems 5000 Protected End Warranty Applicatio Systems ns 39525 Smart Defender Lic for 10000 End Defender License for Software OmniEdge Systems 10000 Protected End Warranty Applicatio Systems ns 41011 BD 8K BD 8810 10 Slot Chassis BlackDiamond 8810 1 Year 06/30/ 10Slot Chassis (Includes Warranty 2023 Fan Tray) 41012 BD 8K BD 8806 6Slot Chassis Black Diamond 8806 1 Year 06/30/ 6Slot Chassis (Includes Warranty 2023 Fan Tray) 41050 BD 8K BD 8806 60OW/90OW PSU BD 8806 60OW/90OW 1 Year 06/30/ 100240V PSU Warranty 2023 41114 BD 8K BD 8806 AC PSU Cover BlackDiamond 8806 PSU 1 Year 06/30/ cover(includes power Warranty 2023 cord retainer bracket 41115 BD 8K BD 8810 AC PSU Cover BlackDiamond 8810 PSU 1 Year 06/30/ cover(includes power Warranty 2023 cord retainer bracket 41121 BD 8K BD 8800 /BD 12800 Spare BlackDiamond 12K/ 1 Year 06/30/ Blank Panel BlackDiamond 8800 Warranty 2023 Spare Blank Panel 41141 BD 8K BD 8810 Mid Mount Kit BlackDiamond 8810 Mid 1 Year 06/30/ Mount Kit Warranty 2023 41151 BD 8K BD Cable Management BlackDiamond Cable 1 Year 06/30/ Clip Kit Management Clip Kit Warranty 2023 41213 BD 8K BD 8800 MSM48c BlackDiamond 8800 1 Year 06/30/ Management Switch Warranty 2023 Module optional I/O port 41216 BD 8K BD 8800MSM96 Management Switch 1 Year 06/30/ Module Warranty 2023 41231 BD 8K BD 89005128 Management Switch 1 Year 06/30/ Module Warranty 2023 41251 BD 8K BD 8500MSM24 Management Switch Limited 03/04/ Module Lifetime 2020 Warranty with express Advanced Attachment D Page 171 of 471 Page 245 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Hardware Replacem ent 41312 BD 8K BD 8800 MPLS Feature ExtremeXOS MPLS Software 06/30/ Pack Feature Pack for Warranty 2023 BlackDiamond 8800 series switches requires MSM128 8900XL interface modules and ExtremeXOS 12.5 (or reater 41314 BD 8K BD 8800 Core License BlackDiamond 8800 Software 06/30/ ExtremeXOS Core Warranty 2023 Software Upgrade O enFlow Feature Pack 41516 BD 8K BD 8800 G48Te2 BlackDiamond 8800 1 Year 06/30/ 48port Warranty 2023 10/100/1000BASET RJ45 edge optional POE card 41517 BD 8K BD 8800 G48Tc BlackDiamond 8800 1 Year 06/30/ 48port Warranty 2023 10/100/1000BASET RJ45 optional POE card 41521 BD 8K BD 8900G48Xxl 48port 1000BASEX SFP 1 Year 06/30/ Warranty 2023 41531 BD 8K BD 8900G48Txl 48port 1 Year 06/30/ 10/100/1000BASET RJ45 Warranty 2023 41532 BD 8K BD 8900G96Tc 96port 1 Year 06/30/ 10/100/1000BASET Warranty 2023 MRJ21 41543 BD 8K BD 8800 G24Xc BlackDiamond 8800 1 Year 06/30/ 24port 1000ASEX Warranty 2023 miniGBIC 41544 BD 8K BD 8800 G48Xc BlackDiamond 8800 1 Year 06/30/ 48port 1000ASEX Warranty 2023 miniGBIC 41561 BD 8K BD 8500G24Xe 24port 1000BASEX SFP Limited 03/04/ Lifetime 2020 Warranty with express Advanced Hardware Replacem ent Attachment D Page 172 of 471 Page 246 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 41614 BD 8K BD 8800 10G4Xc BlackDiamond 8800 4port 1 Year 06/30/ 10GBASEXFP Warranty 2023 41615 BD 8K BD 8800 10G8Xc BlackDiamond 8800 Sport 1 Year 06/30/ 10GBASEXFP Warranty 2023 41631 BD 8K BD 890010G8Xxl Sport 10GBASEX XFP 1 Year 06/30/ Warranty 2023 41711 BD 8K BD 890040G6Xxm BlackDiamond 8900xm 1 Year 06/30/ 6port 40GASEX SFP+ Warranty 2023 Module 41811 BD 8K BD 8800 SPOE BlackDiamond 8800 POE 1 Year 06/30/ Card (addon module for Warranty 2023 8800 G48Tc 8800 G48Te2 and 8500G48Te) 41821 BD 8K BD 8800 SGBXc BlackDiamond 8800 Sport 1 Year 06/30/ 1G SFP card (addon Warranty 2023 module for MSM48c 41822 BD 8K BD 8800 S10G1Xc BlackDiamond 8800 1port 1 Year 06/30/ 10G XFP card (addon Warranty 2023 module for MSM48c 41823 BD 8K BD 8800 S10G2Xc BlackDiamond 8800 2port 1 Year 06/30/ 10GASEX SFP+ card Warranty 2023 (addon module for MSM24 MSM48c and 5128 48001 BD X BDX8AC BlackDiamond X8 Series 1 Year 06/30/ chassis with 8 I/O slots. Warranty 2023 Chassis includes 5 Fan Trays. Power Supplies or Blank Panels are not included. 48011 BD X BDXPSUAC2500 250OW AC Power Supply 1 Year 06/30/ for BlackDiamond X Warranty 2023 series chassis. Up to 8 supported in the BDX8 chassis. 48015 BD X BDX8FAN Fan Tray for 1 Year 06/30/ BlackDiamond X8 chassis Warranty 2023 spare. 5 fan trays required in the system. 48018 BD X BDXIOBLANKE Enhanced Blank Panel for 1 Year 06/30/ BlackDiamond X series Warranty 2023 chassis for empty I/O module slot 48020 BD X BDXBMMK Mid Mount Kit for 1 Year 06/30/ BlackDiamond X8 chassis Warranty 2023 Attachment D Page 173 of 471 Page 247 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 48021 BD X BDXMMI Management Module I I Year 06/30/ for BlackDiamond X Warranty 2023 series chassis. 2 modules required for 1+1 redundancy. 48031 BD X BDXAFM20T 5.12Tbps Fabric Module I Year 06/30/ for BlackDiamond X Warranty 2023 chassis. Minimum 3 modules required for wirespeed performance 4 required for N+1 redundancy supporting full 20Tbps. 48032 BD X BDXAFMIOT 2.56Tbps Fabric Module I Year 06/30/ for BlackDiamond X Warranty 2023 chassis. Minimum 3 modules required for wirespeed performance 4 required for N+1 redundancy supporting full IOTbps. 48038 BD X BDXAG48T 48Port IGBASET RJ45 I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 384 wirespeed 100/1000MbE copper ports and work with either 2.56 or 5.12Tbps Fabric Modules. 48039 BD X BDXAG48X 48Port IGBASEX SFP I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 384 wirespeed GbE copper ports and work with either 2.56 or 5.12Tbps Fabric Modules. 48040 BD X BDXAlOG48T 48Port IOGBASET RJ45 I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis Attachment D Page 174 of 471 Page 248 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. support up to 384 wirespeed I OGbE copper ports and work with either 2.56 or 5.12Tbps Fabric Modules. 48041 BD X BDXAlOG48X 48Port IOGBASEX SFP+ I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 384 wirespeed I OGbE ports and work with either 2.56 or 5.12Tbps Fabric Modules. Optics and cables are not included. 48046 BD X BDXA40Gl2X 12port 40GBASEX I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis 48047 BD X BDXB40Gl2XXL 12Port 40GBASEX XL I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 96 wirespeed 40GbE or 384 wirespeed I OGbE ports and work with either 2.56 or 5.12Tbps Fabric Modules. Licenses optics and cables are not included. 48051 BD X BDXA40G24X 24Port 40GBASEX I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 192 wirespeed 40GbE or 768 wirespeed I OGbE ports and only work with 5.12Tbps Fabric Module. Optics and cables are not included. Attachment D Page 175 of 471 Page 249 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 48061 BD X BDXBI00G4X 4Port I 00GBASEX CFP2 I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 32 wirespeed 100GbE or 320 wirespeed I OGbE ports and work with either 2.56 or 5.12Tbps Fabric Modules. Optics and cables are not included. 48062 BD X BDXBI00G4XXL 4Port 100GBASEX XL I Year 06/30/ CFP2 module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 32 wirespeed 100GbE or 320 wirespeed I OGbE ports and work with either 2.56 or 5.12Tbps Fabric Modules. Licenses optics and cables are not included. 48093 BD X BDXMPLSLIC MPLS Feature Pack Software 06/30/ license for the Warranty 2023 BlackDiamond X8 chassis 48094 BD X BDXCORELIC Core license for the Software 06/30/ BlackDiamond X8 chassis Warranty 2023 for scalable Layer 3 rich applications OpenFlow Feature Pack 60020 BD 8K 700W/1200W 100240V 700W/1200W I Year 06/30/ PSU 100240VAC Power Warranty 2023 Supply Unit 60021 BD 8K 120OW 48V DC PSU 120OW 48V DC Power I Year 06/30/ Supply Unit Warranty 2023 65046 BD 8K BD 8806 /BD 12804 Mid BlackDiamond 8806 1 Year 06/30/ Mount Kit BlackDiamond 12804 Warranty 2023 Mid Mount Kit 85108 Network INFO GOVERNANCE INFORMATION Software Manageme ENGINE UP TO 10 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK I COMPLIANCE I —j Attachment D Page 176 of 471 Page 250 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. SOLUTION UP TO 10 DEVICES 85109 Network INFO GOVERNANCE INFORMATION Software Manageme ENGINE UP TO 25 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE SOLUTION UP TO 25 DEVICES 85110 Network INFO GOVERNANCE INFORMATION Software Manageme ENGINE UP TO 50 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE SOLUTION UP TO 50 DEVICES 85111 Network INFO GOVERNANCE INFORMATION Software Manageme ENGINE UP TO 100 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE SOLUTION UP TO 100 DEVICES 85112 Network INFO GOVERNANCE INFORMATION Software Manageme ENGINE UP TO 250 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE SOLUTION UP TO 250 DEVICES 85113 Network INFO GOVERNANCE INFORMATION Software Manageme ENGINE UP TO 500 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE SOLUTION UP TO 500 DEVICES 85114 Network INFO GOVERNANCE INFORMATION Software Manageme ENGINE U DEVICES GOVERNANCE Warranty nt ENGINE NETWORK COMPLIANCE SOLUTION UNRESTRICTED 85115 Network UPGRADE IGE10 TO INFORMATION Software Manageme IGE25 GOVERNANCE Warranty nt ENGINE UPGRADE IGE10 TO IGE25 85116 Network UPGRADE IGE25 TO INFORMATION Software Manageme IGE50 GOVERNANCE Warranty nt ENGINE UPGRADE IGE25 TO IGE50 Attachment D Page 177 of 471 Page 251 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 85117 Network UPGRADE IGE50 TO INFORMATION Software Manageme IGE100 GOVERNANCE Warranty nt ENGINE UPGRADE IGE50 TO IGE100 85118 Network UPGRADE IGE100 TO INFORMATION Software Manageme IGE250 GOVERNANCE Warranty nt ENGINE UPGRADE IGE100 TO IGE250 85119 Network UPGRADE IGE250 TO INFORMATION Software Manageme IGE500 GOVERNANCE Warranty nt ENGINE UPGRADE IGE250 TO IGE500 85120 Network UPGRADE IGE500 TO INFORMATION Software Manageme IGEU UNRESTRICTED GOVERNANCE Warranty nt ENGINE UPGRADE IGE500 TO IGEU UNRESTRICTED 86100 Network ExtremeManagement ExtremeManagement 1 Year Manageme Appliance NMSA25 Appliance NMSA25 Warranty nt manages up to 5K Devices 86101 Network ExtremeManagement ExtremeManagement 1 Year Manageme Appliance NMSA305 Appliance NMSA305 Warranty nt manages up to 10K Devices 87100 NAC ExtremeControl Appliance ExtremeControl 1 Year IAA25 Appliance IAA25 up to Warranty 12K ES 87101 NAC ExtremeControl Appliance ExtremeControl 1 Year IAA305 Appliance IAA305 up to Warranty 24K ES 88100 AppID ExtremeAnalytics ExtremeAnalytics 1 Year Appliance PVA305 Appliance PVA305 up to Warranty 13M FPM 88201 AppID EA 1k Client Lic ExtremeAnalytics 1k Software Client license Warrant 88202 AppID EA 3k Client Lic ExtremeAnalytics 3k Software Client license Warrant 88203 AppID EA 12k Client Lic ExtremeAnalytics 12k Software Client license Warrant 88211 AppID EA Virtual Sensor VS 100 ExtremeAnalytics Virtual Software 10 Instance Lic Sensor VS 100 10 Instance Warranty License 88212 AppID EA Virtual Sensor VS250 ExtremeAnalytics Virtual Software 10 Instance Lic Sensor VS250 10 Instance Warranty License Attachment D Page 178 of 471 Page 252 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89001 Security LMG2AIOSTD Extreme Log 1 Year 06/01/ Management G2 Warranty 2020 ALLINONE Standard Appliance (Base 500 EPS 89002 Security LMG2AIOSTDHA Extreme Log 1 Year 06/01/ Management G2 Warranty 2020 ALLINONE Standard HA Appliance (Base 500 EPS 89003 Security LMG2AIOENT Extreme Log 1 Year 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Appliance (Base 1000 EPS 89004 Security LMG2AIOENTHA Extreme Log 1 Year 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise HA Appliance (Base 1000 EPS 89005 Security LMG2AIOENTPL Extreme Log 1 Year 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus Appliance (Base 1000 EPS 89006 Security LMG2AIOENTPLHA Extreme Log 1 Year 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus HA Appliance (Base 1000 EPS 89007 Security LMG2AIOVIR Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Virtual (Base 100 EPS 89008 Security LMG2AIOVIRHA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Virtual HA Base 100 EPS 89009 Security LMG2CONENT Extreme Log 1 Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Appliance 89010 Security LMG2CONENTHA Extreme Log 1 Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise HA Appliance Attachment D Page 179 of 471 Page 253 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89011 Security LMG2CONENTPL Extreme Log 1 Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Plus Appliance 89012 Security LMG2CONENTPLHA Extreme Log 1 Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Plus HA Appliance 89013 Security LMG2CONVIR Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Virtual 89014 Security LMG2CONVIRHA Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Virtual HA 89015 Security LMG2EVPENT Extreme Log 1 Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Appliance Base 2500 EPS 89016 Security LMG2EVPENTHA Extreme Log 1 Year 06/01/ Management G2 EVP Warranty 2020 Enterprise HA Appliance Base 2500 EPS 89017 Security LMG2EVPENTPL Extreme Log 1 Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Plus Appliance Base 2500 EPS 89018 Security LMG2EVPENTPLHA Extreme Log 1 Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Plus HA Appliance (Base 2500 EPS 89019 Security LMG2EVPVIR Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Virtual Base 100 EPS 89020 Security LMG2EVPVIRHA Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Virtual HA (Base 100 EPS 89021 Security LMG2ADDl00E Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 100 License 89022 Security LMG2ADDl00EHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 100 HA License 89023 Security LMG2ADDO.51KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Attachment D Page 180 of 471 Page 254 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Increase 500 to 1000 License 89024 Security LMG2ADD0.51KEHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 500 to 1000 HA License 89025 Security LMG2ADD12.5KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 1000 to 2500 License 89026 Security LMG2ADD12.5KEHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 1000 to 2500 HA License 89027 Security LMG2ADD2.5KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 2500 License 89028 Security LMG2ADD2.5KEHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 2500 HA License 89029 Security LMG2CONUPENT Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Upgrade to CONSOLE Enterprise 89030 Security LMG2CONUPENTHA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise HA Upgrade to CONSOLE Enterprise HA 89031 Security LMG2CONUPENTPL Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus Upgrade to CONSOLE Enterprise Plus 89032 Security LMG2CONUPENTPLHA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus HA Upgrade to CONSOLE Enterprise Plus HA 89033 Security LMG2SIEMAIOUPSTD Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Standard Attachment D Page 181 of 471 Page 255 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Convert to SIEM ALLINONE Standard 89034 Security LMG2SIEMAIOUPSTDH Extreme Log Software 06/01/ A Management G2 Warranty 2020 ALLINONE Standard HA Convert to SIEM ALLINONE Standard HA 89035 Security LMG2SIEMAIOUPENT Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Convert to SIEM ALLINONE Enterprise 89036 Security LMG2SIEMAIOUPENTH Extreme Log Software 06/01/ A Management G2 Warranty 2020 ALLINONE Enterprise HA Convert to SIEM ALLINONE Enterprise HA 89037 Security LMG2SIEMAIOUPENTPL Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus Convert to SIEM ALLINONE Enterprise Plus 89038 Security LMG2SIEMAIOUPENTPL Extreme Log Software 06/01/ HA Management G2 Warranty 2020 ALLINONE Enterprise Plus HA Convert to SIEM ALLINONE Enterprise Plus HA 89039 Security LMG2SIEMAIOUPIK2.5 Extreme Log Software 06/01/ KE Management G2 Warranty 2020 ALLINONE Convert to SIEM ALLINONE EPS Increase 1000 to 2500 License (For both Enterprise Enterprise Plus 89040 Security LMG2SIEMAIOUPIK2.5 Extreme Log Software 06/01/ KEHA Management G2 Warranty 2020 ALLINONE Convert to SIEM ALLINONE EPS Increase 1000 to 2500 License HA License (For both Enterprise Enterprise Plus Attachment D Page 182 of 471 Page 256 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89041 Security LMG2SIEMAIOUP2.5KE Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Convert to SIEM ALLINONE EPS Increase 2500 SW License (For both Enterprise Enterprise Plus 89042 Security LMG2SIEMAIOUP2.5KE Extreme Log Software 06/01/ HA Management G2 Warranty 2020 ALLINONE Convert to SIEM ALLINONE EPS Increase 2500 SW HA License (For both Enterprise Enterprise Plus 89043 Security LMG2SIEMCONUPENT Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Convert to SIEM CONSOLE Enterprise 89044 Security LMG2SIEMCONUPENTH Extreme Log Software 06/01/ A Management G2 Warranty 2020 CONSOLE Enterprise HA Convert to SIEM CONSOLE Enterprise HA 89045 Security LMG2SIEMCONUPENTP Extreme Log Software 06/01/ L Management G2 Warranty 2020 CONSOLE Enterprise Plus Convert to STEM CONSOLE Enterprise Plus 89046 Security LMG2SIEMCONUPENTP Extreme Log Software 06/01/ LHA Management G2 Warranty 2020 CONSOLE Enterprise Plus HA Convert to STEM CONSOLE Enterprise Plus HA 89047 Security LMG2SIEMEVPUPENT Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Enterprise Convert to SIEM EVP Enterprise 89048 Security LMG2SIEMEVPUPENTH Extreme Log Software 06/01/ A Management G2 EVP Warranty 2020 Enterprise HA Convert to SIEM EVP Enterprise HA Attachment D Page 183 of 471 Page 257 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89049 Security LMG2SIEMEVPUPENTP Extreme Log Software 06/01/ L Management G2 EVP Warranty 2020 Enterprise Plus Convert to SIEM EVP Enterprise Plus 89050 Security LMG2SIEMEVPUPENTP Extreme Log Software 06/01/ LHA Management G2 EVP Warranty 2020 Enterprise Plus HA Convert to STEM EVP Enterprise Plus HA 89051 Security LMG2SIEMEVPUP2.5KE Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Convert to STEM EVP EPS Increase 2500 SW License (For both Enterprise Enterprise Plus 89052 Security LMG2SIEMEVPUP2.5KE Extreme Log Software 06/01/ HA Management G2 EVP Warranty 2020 Convert to STEM EVP EPS Increase 2500 SW HA License (For both Enterprise Enterprise Plus 89053 Security LMG2LSADD50 Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 50 89054 Security LMG2LSADD500 Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 500 89055 Security LMG2LSADDIK Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 1000 89056 Security LMG2LSADD5K Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 5000 89057 Security LMG2LSADDIOK Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 10000 89058 Security SRMG2APL Extreme Security Risk 1 Year 06/01/ Manager G2 Appliance ( Warranty 2020 Base 50 Sources 89059 Security SRMG2VIR Extreme Security Risk Software 06/01/ Manager G2 VM License Warranty 2020 Base 50 Sources Attachment D Page 184 of 471 Page 258 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89060 Security SRMG2ADD50 Extreme Security Risk Software 06/01/ Manager G2 50 Sources Warranty 2020 Increase SW License 89061 Security SRMG2ADDIOO Extreme Security Risk Software 06/01/ Manager G2 100 Source Warranty 2020 Increase SW License 89062 Security SRMG2ADD250 Extreme Security Risk Software 06/01/ Manager G2 250 Source Warranty 2020 Increase SW License 89063 Security SRMG2ADD500 Extreme Security Risk Software 06/01/ Manager G2 500 Source Warranty 2020 Increase SW License 89064 Security SRMG2ADDIK Extreme Security Risk Software 06/01/ Manager G2 1000 Source Warranty 2020 Increase SW License 89065 Security SRMG2ADD2.5K Extreme Security Risk Software 06/01/ Manager G2 2500 Source Warranty 2020 Increase SW License 89066 Security SRMG2ADD5K Extreme Security Risk Software 06/01/ Manager G2 5000 Source Warranty 2020 Increase SW License 89067 Security SVMG2SAAPL Extreme Security 1 Year 06/01/ Vulnerability Manager G2 Warranty 2020 Standalone Appliance ( Base 255 scanning assets + 50 EPS Log Management) (No Integration with other SIEM or LMproducts) 89068 Security SVMG2SAVIR Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Standalone VM License (Base 255 scanning assets + 50 EPS Log Management) (No Integration with other SIEM or LMproducts) 89069 Security SVMG2ONBOX Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 ON BOARD for Console or AllinOne SW License 89070 Security SVMG2OFFBOXAPL Extreme Security 1 Year 06/01/ Vulnerability Manager G2 Warranty 2020 OFF BOARD for Console or AllinOne Appliance Attachment D Page 185 of 471 Page 259 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. (Base on Base 255 scanning assets) 89071 Security SVMG2OFFBOXVIR Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 OFF BOARD for Console or AllinOne VM S License (Base on Base 255 scanning assets 89072 Security SVMG2ADD256 Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 256 89073 Security SVMG2ADDIK Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 1024 89074 Security SVMG2ADD2K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 2048 89075 Security SVMG2ADD4K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 4096 89076 Security SVMG2ADD8K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 8192 89077 Security SVMG2ADDl6K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 16384 89078 Security SVMG2ADD32K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 32768 89079 Security SIEMG2AIOSTD Extreme SIEM G2 1 Year 06/01/ ALLINONE Standard Warranty 2020 Appliance (Base 1K EPS 25K Flows 89080 Security SIEMG2AIOSTDHA Extreme STEM G2 1 Year 06/01/ ALLINONE Standard HA Warranty 2020 Appliance (Base 1K EPS 25K Flows 89081 Security SIEMG2AIOENT Extreme STEM G2 1 Year 06/01/ ALLINONE Enter rise Warranty 2020 Attachment D Page 186 of 471 Page 260 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Appliance (Base 1K EPS 25K Flows 89082 Security SIEMG2AIOENTHA Extreme SIEM G2 1 Year 06/01/ ALLINONE Enterprise Warranty 2020 HA Appliance (Base 1K EPS 25K Flows 89083 Security SIEMG2AIOENTPL Extreme STEM G2 1 Year 06/01/ ALLINONE Enterprise Warranty 2020 Plus Appliance (Base 1K EPS 25K Flows 89084 Security SIEMG2AIOENTPLHA Extreme SIEM G2 1 Year 06/01/ ALLINONE Enterprise Warranty 2020 Plus HA Appliance (Base 1K EPS 25K Flows 89085 Security SIEMG2AIOVIR Extreme STEM G2 Software 06/01/ ALLINONE Virtual (Base Warranty 2020 100 EPS 15K Flows 89086 Security SIEMG2AIOVIRHA Extreme SIEM G2 Software 06/01/ ALLINONE Virtual HA Warranty 2020 (Base 100 EPS 15K Flows 89087 Security SIEMG2CONENT Extreme STEM G2 1 Year 06/01/ CONSOLE Enterprise Warranty 2020 Appliance 89088 Security SIEMG2CONENTHA Extreme STEM G2 1 Year 06/01/ CONSOLE Enterprise HA Warranty 2020 Appliance 89089 Security SIEMG2CONENTPL Extreme STEM G2 1 Year 06/01/ CONSOLE Enterprise Warranty 2020 Plus Appliance 89090 Security SIEMG2CONENTPLHA Extreme STEM G2 1 Year 06/01/ CONSOLE Enterprise Warranty 2020 Plus HA Appliance 89091 Security SIEMG2CONVfR Extreme STEM G2 Software 06/01/ CONSOLE Virtual Warranty 2020 89092 Security SIEMG2CONVIRHA Extreme SIEM G2 Software 06/01/ CONSOLE Virtual HA Warranty 2020 89093 Security SIEMG2EVPENT Extreme STEM G2 EVP 1 Year 06/01/ Enterprise Appliance ( Warranty 2020 Base 2500 EPS 89094 Security SIEMG2EVPENTHA Extreme STEM G2 EVP 1 Year 06/01/ Enterprise HA Appliance Warranty 2020 Base 2500 EPS 89095 Security SIEMG2EVPENTPL Extreme STEM G2 EVP 1 Year 06/01/ Enterprise Plus Appliance Warranty 2020 (Base 2500 EPS) Attachment D Page 187 of 471 Page 261 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89096 Security SIEMG2EVPENTPLHA Extreme SIEM G2 EVP 1 Year 06/01/ Enterprise Plus HA Warranty 2020 Appliance (Base 2500 EPS 89097 Security SIEMG2EVPVfR Extreme STEM G2 EVP Software 06/01/ Virtual Base 100 EPS Warranty 2020 89098 Security SIEMG2EVPVIRHA Extreme STEM G2 EVP Software 06/01/ Virtual HA (Base 100 Warranty 2020 EPS 89099 Security SIEMG2FLPENT Extreme STEM G2 FLP 1 Year 06/01/ Enterprise Appliance ( Warranty 2020 x1705 Base 100K Flows 89100 Security SIEMG2FLPENTHA Extreme STEM G2 FLP 1 Year 06/01/ Enterprise HA Appliance Warranty 2020 (x1705 Base 100K Flows 89101 Security SIEMG2FLPENTPL Extreme STEM G2 FLP 1 Year 06/01/ Enterprise Plus Appliance Warranty 2020 (x1728 Base 100K Flows 89102 Security SIEMG2FLPENTPLHA Extreme SIEM G2 FLP 1 Year 06/01/ Enterprise Plus HA Warranty 2020 Appliance (x1728 Base 100K Flows 89103 Security SIEMG2FLPVIR Extreme STEM G2 FLP Software 06/01/ Virtual Base 15K Flows Warranty 2020 89104 Security SIEMG2FLPVIRHA Extreme STEM G2 FLP Software 06/01/ Virtual HA (Base 15K Warranty 2020 Flows 89105 Security SIEMG2CEFENT Extreme STEM G2 1 Year 06/01/ Combined EVPFLP Warranty 2020 Enterprise Appliance ( x1805 Base 1000 EPS 25K Flows 89106 Security SIEMG2CEFENTHA Extreme STEM G2 1 Year 06/01/ Combined EVPFLP Warranty 2020 Enterprise HA Appliance (x1805 Base 1000 EPS 25K Flows 89107 Security SIEMG2CEFENTPL Extreme STEM G2 1 Year 06/01/ Combined EVPFLP Warranty 2020 Enterprise Plus Appliance (x1828 Base 1000 EPS 25K Flows 89108 Security SIEMG2CEFENTPLHA Extreme STEM G2 1 Year 06/01/ Combined EVPFLP Warranty 2020 Attachment D Page 188 of 471 Page 262 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Enterprise Plus HA Appliance (x1828 Base 1000 EPS 25K Flows 89109 Security SIEMG2EVCAPL Extreme SIEM G2 Event 1 Year 06/01/ Collector Appliance Warranty 2020 89110 Security SIMEG2EVCVIR Extreme STEM G2 Event Software 06/01/ Collector Virtual Warranty 2020 89111 Security SIEMG2DNENT Extreme STEM G2 Data 1 Year 06/01/ Node Enterprise Warranty 2020 Appliance 89112 Security SIEMG2DNENTHA Extreme STEM G2 Data 1 Year 06/01/ Node Enterprise HA Warranty 2020 Appliance 89113 Security SIEMG2DNENTPL Extreme STEM G2 Data 1 Year 06/01/ Node Enterprise Plus Warranty 2020 Appliance 89114 Security SIEMG2DNENTPLHA Extreme SIEM G2 Data 1 Year 06/01/ Node Enterprise Plus HA Warranty 2020 Appliance 89115 Security SIEMG2DNVIR Extreme STEM G2 Data Software 06/01/ Node Virtual Warranty 2020 89116 Security SIEMG2DNVIRHA Extreme STEM G2 Data Software 06/01/ Node Virtual HA Warranty 2020 89117 Security SIEMG2FCIGTX Extreme STEM G2 Flow 1 Year 06/01/ Collector Appliance 1 Warranty 2020 Gb s TX 89118 Security SIEMG2FCIGTXHA Extreme STEM G2 Flow 1 Year 06/01/ Collector HA Appliance 1 Warranty 2020 Gb s TX 89119 Security SIEMG2FCMGTX Extreme STEM G2 Flow 1 Year 06/01/ Collector Appliance Warranty 2020 MultiGb s TX 89120 Security SIEMG2FCMGTXHA Extreme STEM G2 Flow 1 Year 06/01/ Collector HA Appliance Warranty 2020 MultiGb s TX 89121 Security SIEMG2FCMGSX Extreme STEM G2 Flow 1 Year 06/01/ Collector Appliance Warranty 2020 MultiGb s SX 89122 Security SIEMG2FCMGSXHA Extreme STEM G2 Flow 1 Year 06/01/ Collector HA Appliance Warranty 2020 MultiGb s SX 89123 Security SIEMG2FCMGSR Extreme STEM G2 Flow 1 Year 06/01/ Collector Appliance Warranty 2020 MultiGb s Fiber SR Attachment D Page 189 of 471 Page 263 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89124 Security SIEMG2FCMGSRHA Extreme SIEM G2 Flow 1 Year 06/01/ Collector HA Appliance Warranty 2020 MultiGb s Fiber SR 89125 Security SIEMG2FCMGLR Extreme STEM G2 Flow 1 Year 06/01/ Collector Appliance Warranty 2020 MultiGb s Fiber LR 89126 Security SIEMG2FCMGLRHA Extreme STEM G2 Flow 1 Year 06/01/ Collector HA Appliance Warranty 2020 MultiGb s Fiber LR 89127 Security SIEMG2VFC Extreme STEM G2 VFlow Software 06/01/ Collector Warranty 2020 89128 Security SIEMG2VFCHA Extreme STEM G2 VFlow Software 06/01/ Collector HA Warranty 2020 89129 Security SIEMG2ADD100E Extreme STEM G2 EPS Software 06/01/ Increase 100 License Warranty 2020 89130 Security SIEMG2ADDIOOEHA Extreme STEM G2 EPS Software 06/01/ Increase 100 HA License Warranty 2020 89131 Security SIEMG2ADDO.51KE Extreme STEM G2 EPS Software 06/01/ Increase 500 to 1000 Warranty 2020 License 89132 Security SIEMG2ADDO.51KEHA Extreme STEM G2 EPS Software 06/01/ Increase 500 to 1000 HA Warranty 2020 License 89133 Security SIEMG2ADD12.5KE Extreme STEM G2 EPS Software 06/01/ Increase 1000 to 2500 Warranty 2020 License 89134 Security SIEMG2ADD12.5KEHA Extreme STEM G2 EPS Software 06/01/ Increase 1000 to 2500 HA Warranty 2020 License 89135 Security SIEMG2ADD2.5KE Extreme STEM G2 EPS Software 06/01/ Increase 2500 License Warranty 2020 89136 Security SIEMG2ADD2.5KEHA Extreme STEM G2 EPS Software 06/01/ Increase 2500 HA License Warranty 2020 89137 Security SIEMG2ADD1525KF Extreme STEM G2 Flow Software 06/01/ Increase 15K to 25K VM Warranty 2020 License 89138 Security SIEMG2ADD1525KFHA Extreme STEM G2 Flow Software 06/01/ Increase 15K to 25K VM Warranty 2020 HA License 89139 Security SIEMG2ADD255OKF Extreme STEM G2 Flow Software 06/01/ Increase 25K to 50K Warranty 2020 License 89140 Security SIEMG2ADD255OKFHA Extreme STEM G2 Flow Software 06/01/ Increase 25K to 50K HA Warranty 2020 License Attachment D Page 190 of 471 Page 264 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89141 Security SIEMG2ADD5010OKF Extreme SIEM G2 Flow Software 06/01/ Increase 50K to IOOK Warranty 2020 License 89142 Security SIEMG2ADD5010OKFHA Extreme STEM G2 Flow Software 06/01/ Increase 50K to IOOK HA Warranty 2020 License 89143 Security SIEMG2ADDIOOKF Extreme STEM G2 Flow Software 06/01/ Increase IOOK License Warranty 2020 89144 Security SIEMG2ADDIOOKFHA Extreme STEM G2 Flow Software 06/01/ Increase IOOK HA Warranty 2020 License 89145 Security SIEMG2CONUPENT Extreme STEM G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 Upgrade to CONSOLE Enterprise 89146 Security SIEMG2CONUPENTHA Extreme STEM G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 HA Upgrade to CONSOLE Enterprise HA 89147 Security SIEMG2CONUPENTPL Extreme STEM G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 Plus Upgrade to CONSOLE Enterprise Plus 89148 Security SIEMG2CONUPENTPLH Extreme STEM G2 Software 06/01/ A ALLINONE Enterprise Warranty 2020 Plus HA Upgrade to CONSOLE Enterprise Plus HA 89149 Security SIEMG21PRAEVPSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 EVP 1 year Subscription License 89150 Security SIEMG21PRVEVPSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 EVP Virtual 1 year Subscription License 89151 Security SIEMG21PRAFLPSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 FLP I year Subscription License 89152 Security SIEMG21PRVFLPSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 FLP Virtual I year Subscription License Attachment D Page 191 of 471 Page 265 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89153 Security SIEMG21PRCEPSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 Combined EVP/FLP I ear bscription License 89154 Security SIEMG21PRAPLSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 AllInOne or Console I year Subscription License 89155 Security SIEMG21PRVIRSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 AllInOne or Console Virtual I year Subscription License 89156 Security SIEMG2LSADD50 Extreme SIEM G2 Log Software 06/01/ Source Increase 50 Warranty 2020 89157 Security SIEMG2LSADD500 Extreme SIEM G2 Log Software 06/01/ Source Increase 500 Warranty 2020 1 89158 Security SIEMG2LSADDIK Extreme SIEM G2 Log Software 06/01/ Source Increase 1000 Warranty 2020 89159 Security SIEMG2LSADD5K Extreme SIEM G2 Log Software 06/01/ Source Increase 5000 Warranty 2020 89160 Security SIEMG2LSADDI0K Extreme SIEM G2 Log Software 06/01/ Source Increase 10000 Warranty 2020 89501 Security IPSG2SPSWSTD Extreme IPS G2 Software 06/01/ SiteProtector Standard Warranty 2020 Edition Software (5 Nodes) 89502 Security IPSG2SPSWENT Extreme IPS G2 Software 06/01/ SiteProtector Enterprise Warranty 2020 Edition Software (20 Nodes) 89503 Security IPSG2SPSWENTPLUS Extreme IPS G2 Software 06/01/ SiteProtector Enterprise Warranty 2020 Plus Edition Software (Unlimited Nodes) 89506 Security IPSG2SPUPGSE Extreme IPS G2 Software 06/01/ SiteProtector Upgrade Warranty 2020 from Standard to Enterprise Edition 89507 Security IPSG2SPUPGEEPL Extreme IPS G2 Software 06/01/ SiteProtector Upgrade Warranty 2020 from Enterprise to Enterprise Plus Edition 89510 Security IPSG2ADD5 Extreme IPS G2 Software 06/01/ SiteProtector Add 5 Node Warranty 2020 License Attachment D Page 192 of 471 Page 266 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89511 Security IPSG2X3PRI Extreme IPS G2 X3 I Year 06/01/ Standard Appliance Warranty 2020 Primary Base 400 Mbps inspected throughput Optional ADDON performance license (Max 800 Mbps)Fixed 4x I GbE RJ45 monitoring interfaces 89512 Security IPSG2X3SEC Extreme IPS G2 X3 I Year 06/01/ Standard Appliance Warranty 2020 S econdary/Fail over(Must have same configuration like Primary) 89513 Security IPSG2X4PRI Extreme IPS G2 X4 I Year 06/01/ Enterprise Appliance Warranty 2020 Primary Base 750 Mbps inspected throughput Optional ADDON performance license (Max 1.5 Gbps)Fixed 4x I GbE RJ45 monitoring interfaces Optional Network Interface Module 89514 Security IPSG2X4SEC Extreme IPS G2 X4 I Year 06/01/ Enterprise Appliance Warranty 2020 S econdary/Fail over(Must have same configuration like Primary) 89515 Security IPSG2X5PRI Extreme IPS G2 X5 I Year 06/01/ Enterprise Plus Appliance Warranty 2020 Primary Base 2.5 Gbps inspected throughput Optional ADDON performance license (Max 7 Gbps)Fixed 4x I GbE RJ45 monitoring interfaces Optional Network Interface Modules Redundant power supply included 89516 Security IPSG2X5SEC Extreme IPS G2 X5 I Year 06/01/ Enterprise Plus Appliance Warranty 2020 S econdary/F ail over(Must have same configuration like Primary) Attachment D Page 193 of 471 Page 267 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89519 Security IPSG2X3PAWCSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Primary 89520 Security IPSG2X3SAWCSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Failover 89521 Security IPSG2X4PAWCSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Primary 89522 Security IPSG2X4SAWCSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Failover 89523 Security IPSG2X5PAWCSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Primary 89524 Security IPSG2X5SAWCSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for Warranty 2020 Application/Web Control Update Failover 89527 Security IPSG2X3PIPRSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Primary 89528 Security IPSG2X3SIPRSS Extreme IPS G2 X3 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Failover 89529 Security IPSG2X4PIPRSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Primary 89530 Security IPSG2X4SIPRSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Failover 89531 Security IPSG2X5PIPRSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services I Primary 1 89532 Security IPSG2X5SIPRSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for IP Warranty 2020 Attachment D Page 194 of 471 Page 268 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Reputation Services Failover 89535 Security IPSG2X3PSSLSW Extreme IPS G2 X3 Software 06/01/ Addon License for SSL Warranty 2020 Ins ection Primary 89536 Security IPSG2X3SSSLSW Extreme IPS G2 X3 Software 06/01/ Addon License for SSL Warranty 2020 Ins ection Failover 89537 Security IPSG2X4PSSLSW Extreme IPS G2 X4 Software 06/01/ Addon License for SSL Warranty 2020 Ins ection Primary 89538 Security IPSG2X4SSSLSW Extreme IPS G2 X4 Software 06/01/ Addon License for SSL Warranty 2020 Ins ection Failover 89539 Security IPSG2X5PSSLSW Extreme IPS G2 X5 Software 06/01/ Addon License for SSL Warranty 2020 Ins ection Primary 89540 Security IPSG2X5SSSLSW Extreme IPS G2 X5 Software 06/01/ Addon License for SSL Warranty 2020 Ins ection Failover 89543 Security IPSG2X3PHTPSW Extreme IPS G2 X3 400 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Primary 89544 Security IPSG2X3SHTPSW Extreme IPS G2 X3 400 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Secondary 89545 Security IPSG2X4PHTPSW Extreme IPS G2 X4 750 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Primary 89546 Security IPSG2X4SHTPSW Extreme IPS G2 X4 750 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Secondary 89547 Security IPSG2X5PHTPSW Extreme IPS G2 X5 1500 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Primary 89548 Security IPSG2X5SHTPSW Extreme IPS G2 X5 1500 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Secondary Attachment D Page 195 of 471 Page 269 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 89551 Security IPSG28PNMIGTX Extreme IPS G2 Network 1 Year 06/01/ Module Sport 1G Copper Warranty 2020 with builtin bypass 89552 Security IPSG24PNMIGSX Extreme IPS G2 Network 1 Year 06/01/ Module 4port 1G SX Warranty 2020 Fiber with builtin bypass 89553 Security IPSG24PNMIGLX Extreme IPS G2 Network 1 Year 06/01/ Module 4port 1GLX Warranty 2020 Fiber with builtin bypass 89554 Security IPSG22PNMIOGSR Extreme IPS G2 Network 1 Year 06/01/ Module 2port 10GbE SR Warranty 2020 Fiber with builtin bypass 89555 Security IPSG22PNMIOGLR Extreme IPS G2 Network 1 Year 06/01/ Module 2port 10GbE LR Warranty 2020 Fiber with builtin bypass 89556 Security IPSG24PNMIGSFP Extreme IPS G2 Network 1 Year 06/01/ Module 4port 1G SFP Warranty 2020 (requires transceivers 89557 Security IPSG22PNM10GSFP+ Extreme IPS G2 Network 1 Year 06/01/ Module 2port 10G SFP+ Warranty 2020 (requires transceivers 89558 Security IPSG2DTKIGLX Dual Transceiver Kit 1G 1 Year 06/01/ LX Fiber Warranty 2020 89559 Security IPSG2TIGSX Dual Transceiver Kit 1G 1 Year 06/01/ SX Fiber Warranty 2020 89560 Security IPSG2TIGTX Dual Transceiver Kit 1G 1 Year 06/01/ TX Copper Warranty 2020 89561 Security IPSG2DTK10GLR Dual Transceiver Kit 10G 1 Year 06/01/ LR Fiber Warranty 2020 89562 Security IPSG2DTKIOGSR Dual Transceiver Kit 10G 1 Year 06/01/ SR Fiber Warranty 2020 89563 Security IPSG2PSU Power Supply Unit 460 1 Year 06/01/ WATT Warranty 2020 338835 EAN VSP 4000 PLDS PREM VSP 4000 PLDS Software LIC W/MACSEC LICDS PRIMIER LICENSE Warranty W/MAC SEC LICDS 338836 EAN VSP 4000 PLDS PREM VSP 4000 PLDS Software LICENSE LICDS PRIMIER LICENSE Warranty LICDS 380176 EAN VSP 8K PREM LICENSE VSP 8000 PLDS Software LICDS PREMIER LICENSE Warranty FOR 1 CHASSIS LICDS 380177 EAN VSP 8K PREM LIC VSP 8000 PLDS Software W/MACSEC LICDS PREMIER LICENSE Warranty W/MACSEC FOR 1 CHASSIS LICDS Attachment D Page 196 of 471 Page 270 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 380221 EAN ERS5900 ADVANCED ERS5900 ADVANCED Software PLS LICENSE LICDS FEATURE PLDS Warranty LICENSE SINGLE UNIT OR STACK LICDS 380810 EAN VSP 9000 PLDS PREM VIRTUAL SERVICES Software LICENSE LICDS PLATFORM 9000 PLDS Warranty PREM LICENSE FOR I CHASSIS. LICDS 380811 EAN VSP 9000 PLDS PREM VIRTUAL SERVICES Software LIC W/MACSEC LICDS PLATFORM 9000 PLDS Warranty PREMIER LICENSE W/MAC SEC LICDS 383168 EAN ERS5900 MACSEC PLDS ERS5900 MACSEC Software LICENSE PLDS LICENSE SINGLE Warranty UNIT OR STACK LICDS 383770 EAN ERS5900 MACSEC ADV ERS5900 MACSEC Software PLDS LIC PLUS ADVANCED Warranty PLDS LIC SINGLE UNIT OR STACK LICDS 383772 EAN ERS4900 ADVANCED ERS4900 ADVANCED Software PLDS LICENSE LICDS PLDS LICENSE SINGLE Warranty UNIT OR STACK LICDS 386914 EAN VSP 7200 PORT LICENSE VSP 7200 PORT Software LICDS LICENSE FOR I Warranty SWITCH LICDS 392259 EAN VSP8600 IOC BASE VSP8600 IOC BASE Software LICDS LICDS Warranty 392670 EAN VSP8600 CHAS L3V VSP8600 CHAS L3V Software LICDS LICDS Warranty 392671 EAN VSP8600 CHAS VSP8600 CHAS Software L3 V+MAC SEC LICDS L3 V+MAC SEC LICDS Warranty 9372065 Cables/Co ASSY CBLRJ45 TO ASSY CBL,RJ-45 TO RJ- I Year nnectivit RJ45/ADAPTERSPVC. US 45/ADAPTERS,PVC. US Warrant 700511668 EAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 0.5M CABLE 0.5M Warrant 700511669 EAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 1.5M CABLE 1.5M Warrant 700511670 EAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 3.OM CABLE 3.OM Warrant 700511671 EAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 5.OM CABLE 5.OM Warrant 700512239 EAN PDU POWER CORD IEC POWER I Year C13C14 3M USA DISTRIBUTION UNIT Warranty POWER CORD IEC C Attachment D Page 197 of 471 Page 271 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 700512240 EAN PDU POWER CORD IEC POWER 1 Year C14C15 3M USA DISTRIBUTION UNIT Warranty POWER CORD IEC C 700512241 EAN PDU POWER CORD IEC POWER 1 Year C13C14 3M INTL DISTRIBUTION UNIT Warranty POWER CORD IEC C 700512242 EAN PDU POWER CORD IEC POWER 1 Year C14C15 3M INTL DISTRIBUTION UNIT Warranty POWER CORD IEC C 700512588 EAN ERS3600 STACKING ERS3600 STACKING 1 Year CABLE 0.5M CABLE 0.5M Warrant 700512589 EAN ERS3600 STACKING ERS3600 STACKING 1 Year CABLE 1.OM CABLE 1.OM Warranty 700512595 EAN RACK MOUNT ERS3600 RACK MOUNT KIT 1 Year ERS4900 ERS5900 TWO POST SUPPORTS Warranty ES3600 ES4900 ES5900 08A-CON- Fixed L2 800 SERIES CONSOLE No 12/31/ CBL CABLE KIT Warranty 2022 08A-RPS- Fixed L2 130W POE RPS FOR THE Limited 12/31/ 130P 08G20G208P SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08A-RPS- Fixed L2 150W RPS FOR 24/48 Limited 12/31/ 150 PORT 800 SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08A-RPS-24 Fixed L2 RPS FOR 08G20G208 No 12/31/ SWITCH Warranty 2022 08A-RPS- Fixed L2 500W POE RPS FOR 500W POE RPS FOR Limited 12/31/ 500P 24/48 POE 800 SERIES 24/48 POE 800 SERIES Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 198 of 471 Page 272 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 08G20G2-08 Fixed L2 8 PORT 10/100/1000 8 PORT 10/100/1000 Limited 12/31/ 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08G20G2- Fixed L2 8 PORT 10/100/1000 POE 8 PORT 10/100/1000 Limited 12/31/ 08P 800SERIES SWITCH POE 800SERIES Lifetime 2022 SWITCH Warranty with express Advanced Hardware Replacem ent-2 08G20G4-24 Fixed L2 24 PORT 10/100/1000 24 PORT 10/100/1000 Limited 12/31/ 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08G20G4- Fixed L2 24 PORT 10/100/1000 POE 24 PORT 10/100/1000 Limited 12/31/ 24P 800SERIES POE 800SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08G20G4-48 Fixed L2 48 PORT 10/100/1000 48 PORT 10/100/1000 Limited 12/31/ 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 199 of 471 Page 273 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 08G20G4- Fixed L2 48 PORT 10/100/1000 POE 48 PORT 10/100/1000 Limited 12/31/ 48P 800SERIES POE 800SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08H2OG4-24 Fixed L2 24 PORT 10/100 24 PORT 10/100 Limited 12/31/ 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08H2OG4- Fixed L2 24 PORT 10/100 POE 24 PORT 10/100 POE Limited 12/31/ 24P 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08H2OG4-48 Fixed L2 48 PORT 10/100 48 PORT 10/100 Limited 12/31/ 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08H2OG4- Fixed L2 48 PORT 10/100 POR 48 PORT 10/100 POR Limited 12/31/ 48P 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 200 of 471 Page 274 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 10051H Optics 1000BASESX SFP Hi 1000BASESX SFP MMF 1 Year 220 550 meters LC Warranty connector Industrial Tem 10052H Optics 1000BASELX SFP Hi 1000BASELX SFP MMF 1 Year 220 550 meters SMF Warranty 10km LC connector Industrial Tem 10053H Optics 1000BASEZX SFP Hi 1000BASEZX SFP SMF 1 Year 70km LC connector Warranty Industrial Tem 10056H Optics 1000BASEBXD BiDi SFP 1000BASEBXD SFP 1 Year Hi 1490nm TX/1310nm RX Warranty wavelength Industrial Tem 10057H Optics 1000BASEBXU BiDi SFP 1000BASEBXU SFP 1 Year Hi 1310nm TX/1490nm RX Warranty wavelength Industrial Tem 10060H Optics 100LX/1000LX SFP Hi Dual speed 100 LX/ 1000 1 Year LX SFP LC connector Warranty Industrial Tem 10070H Optics 10/100/1000BASET SFP 10/100/1000BASET SFP 1 Year Hi module CATS cable 100m Warranty link RJ45connector for Giga Bit Ethernet SFP Port Industrial Tem 10071H Optics 1000BASESX SFP 10 Pack 1000BASESX SFP 10 1 Year Hi Pack Industrial Temp Warrant 10072H Optics 1000BASELX SFP 10 Pack 1000BASELX SFP 10 1 Year Hi Pack Industrial Temp Warranty I 100FX-SFP- SRA 100BASEFX IR SFP 100BASEFX IR SFP 1 Year 10/31/ IR-OM OPTIC FOR SMF W/LC C OPTIC FOR SMF W/LC Warranty 2024 C 100FX-SFP- SRA 100ASEFX LR SFP 100ASEFX LR SFP 1 Year 10/31/ LR-OM OPTIC FOR SMF W/LC OPTIC FOR SMF W/LC Warranty 2024 CO CO 100FX-SFP- SRA 100BASEFX SFP OPTIC 100BASEFX SFP OPTIC 1 Year 10/31/ OM MMF LC CONN OPTI MMF LC CONN OPTI Warranty 2024 100FX-SFP- SRA 100BASEFX SFP MMF 100BASEFX SFP MMF 1 Year 10/31/ OM-8 LC CONN 8 PK LC CONN 8 PK Warranty 2024 100G-CFP2- SRA 100GBE CFP2 100 GbE CFP2 optic (LC) 1 Year 10/31/ ER4-40KM (LC)ER440KM OVER ER4 for distances up to 40 Warranty 2024 SMF km over SMF Attachment D Page 201 of 471 Page 275 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 100G-CFP2- SRA 100GE CFP2 LR41OKM 100 GbE CFP2 optic (LC) 1 Year 10/31/ LR4-10KM OPTICS 1 PACK LR4 for distances up to 10 Warranty 2024 km over SMF 100G-CFP2- SRA 100GE CFP2 SR OPTICS 1 100 GbE CFP2 optic 1 Year 10/31/ SR10 PACK SRI for distances up to Warranty 2024 100 m over NMF 1 pack 100G- SRA 100GBASE CWDM4 100 GbE QSFP28 optic 1 Year 10/31/ QSFP28- QSFP TRANS LC 2KM (LC) CWDM4 for Warranty 2024 CWDM4- OVER SM distances up to 2 km over 2KM SMF 100G- SRA 100GBE QSFP28 100 GbE QSFP28 optic 1 Year 10/31/ QSFP28- (LC)LR4LITE2 KM OVER (LC)LR4Lite for Warranty 2024 LR4L-2KM SM distances up to 2 km over SMF 100G- SRA 100G QSFP28 LR4 100 GbE QSFP28 optic 1 Year 10/31/ QSFP28- LOWPOWER 10KM (LC)LR4 low power for Warranty 2024 LR4-LP- OVER SMF distances up to 10 km 10KM over SMF 100G- SRA 100GBE QSFP28 (MTP 100 GbE QSFP28 optic 1 Year 10/31/ QSFP28-SR4 1X12)SR4100M MMF (MTP 1x12) SR4 for Warranty 2024 distances up to 100 m over MMF 100G-QSFP- SRA IOOGB QSFP TO 4 SFP28 100GE Direct Attached 1 Year 10/31/ 4SFP-P-0101 PASSIVE DAC1M QSFP28 to 4 SFP28 Warranty 2024 Passive Copper cable 1m 1 ack 100G-QSFP- SRA IOOGB QSFP TO 4 SFP28 100GE Direct Attached 1 Year 10/31/ 4SFP-P-0301 PASSIVE DAC3M QSFP28 to 4 SFP28 Warranty 2024 Passive Copper cable 3 1 ack 100G-QSFP- SRA 100GASES4 100GASEES4 QSFP+ 1 Year 10/31/ ESR4 QSFP+(MODULE) 300M optic (MTP 1x8 or 1x12) Warranty 2024 300m over MMF 1 pack 100G-QSFP- SRA 100GB QSFP DIRECT 100GE Direct Attached 1 Year 10/31/ QSFP-AOC- ATTACH AOC 10M QSFP+to QSFP+ Active Warranty 2024 1001 Optical Cable 10m 1 ack 100G-QSFP- SRA 100G QSFP PASSIVE 100GE Passive Direct 1 Year 10/31/ QSFP-P- DIRECT ATTACH Attached QSFP28 to Warranty 2024 0101 CABLEI QSFP28 Active Copper cable 1m 1 ack 100G-QSFP- SRA 100GB QSFP PASSIVE 100GE Passive Direct 1 Year 10/31/ QSFP-P- DIRECT ATTACH Attached QSFP28 to Warranty 2024 0301 CABLE3 QSFP28 Active Copper cable 3m 1 ack Attachment D Page 202 of 471 Page 276 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 100G-QSFP- SRA I00GB QSFP PASSIVE 100GE Direct Attached 1 Year 10/31/ QSFP-P- DIRECT ATTACH QSFP28 to QSFP28 Warranty 2024 0501 CABLES Passive Copper cable 5m 1 ack 10313A Optics 3m QSFP+Passive Copper 40 Gigabit Ethernet 1 Year 10/31/ Cable QSFP+ passive copper Warranty 2023 cable assembly 26 AWG 3m length. 10930A Summit Summit 30OW AC PSU XT 30OW AC Power Supply Limited module for Summit X460 Lifetime E4G400 Series Switches Warranty Extended Temparture with Range from 10 to +50 express degrees Celsius Advanced Hardware Replacem ent 10GB-4- Modular 4X10GB SFP+ TO QSFP 4X10GB SFP+ TO QSFP 1 Year CO3-QSFP Interfaces CU CABLE 3M CU CABLE 3M Warrant 10GB-4-F20- Modular 4X10GB SFP+ TO QSFP 1 Year 12/31/ QSFP Interfaces FIBER CABLE 20M Warranty 2019 10GBASE- Modular 10 GBE EXTENDED 1 Year 03/31/ ER-XFP Interfaces REACH XFP Warranty 2020 10GBASE- Modular 10 GBE LONG REACH 1 Year 03/31/ LR-XFP Interfaces XFP Warranty 2020 10GBASE- Modular 10 GBE SHORT REACH 1 Year 03/31/ SR-XFP Interfaces XFP Warranty 2020 10GBASE- Modular 10GBASE ZR XFP 80KM 1 Year 06/12/ ZR-XFP Interfaces OPTIC Warranty 2020 10GB-BX10- Modular 10 GB SINGLE FIBER SM 10 GB, SINGLE FIBER 1 Year D Interfaces D 10 KM SM, -D 10 KM Warranty I 10GB-BX10- Modular 10 GB SINGLE FIBER SM 10 GB, SINGLE FIBER 1 Year U Interfaces U 10 KM SM, -U 10 KM Warrant 10GB-BX40- Modular 10 GB SINGLE FIBER SM 10 GB, SINGLE FIBER 1 Year D Interfaces D 40 KM SM, -D 40 KM Warrant 10GB-BX40- Modular 10 GB SINGLE FIBER SM 10 GB, SINGLE FIBER 1 Year U Interfaces U 40 KM SM, -U 40 KM Warrant 10GB-001- Modular SFP+PLUGGABLE SFP+PLUGGABLE 1 Year SFPP Interfaces COPPER CABLE 1M COPPER CABLE 1M Warranty I 10GB-0O3- Modular SFP+PLUGGABLE SFP+PLUGGABLE 1 Year SFPP Interfaces COPPER CABLE 3M COPPER CABLE 3M Warrant 10GB-C 10- Modular SFP+PLUGGABLE SFP+PLUGGABLE 1 Year SFPP Interfaces COPPER CABLE 10M COPPER CABLE 10M Warrant 10GB-ER21- Modular 10GB SFPP DWDM 1 Year 05/30/ SFPP Interfaces CHANNEL 2140 KM Warranty 2024 Attachment D Page 203 of 471 Page 277 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10GB-E 3- Modular 10GBER DWDM CH23 1 Year 05/30/ SFPP Interfaces SFP+ Warranty 2024 10G -E 4- Modular I OGB SFPP DWDM 1 Year 05/30/ SFPP Interfaces CHANNEL 24 40 KM Warranty 2024 10GB-ER29- Modular 10GBER DWDM CH29 1 Year 05/30/ SFPP Interfaces SFP+ Warranty 2024 10GB-ER31- Modular 10GB SFPP DWDM 10GB SFPP, DWDM, 1 Year SFPP Interfaces CHANNEL 3140 KM CHANNEL 31, 40 KM Warrant 10GB-ER33- Modular 10GB SFPP DWDM 1 Year 05/30/ SFPP Interfaces CHANNEL 33 40 KM Warranty 2024 10GB- Modular 10 GB 1GB DUAL RATE 10 GB 1GB DUAL RATE 1 Year EREX-SFPP Interfaces ER EX SMF ER EX SMF Warrant 10GB-ER- Modular 10GBASE ER SFP+ (40K) 10GBASE ER SFP+ 1 Year SFPP Interfaces 40K Warranty I 10GB-F 10- Modular 10 GB ACTIVE OPTICAL 10 GB, ACTIVE 1 Year SFPP Interfaces DAC 10 M OPTICAL DAC, 10 M Warrant 10GB-F20- Modular 10 GB ACTIVE OPTICAL 10 GB, ACTIVE 1 Year SFPP Interfaces DAC 20 M OPTICAL DAC, 20 M Warrant 10GB- Modular 10GB CWDM LR SFP+ 1 Year 05/30/ L71-SFPP Interfaces 1271NM Warranty 2024 10GB- Modular 10GB CWDM LR SFP+ 1 Year 05/30/ L91-SFPP Interfaces 1291NM Warranty 2024 10GB- Modular 10GB CWDM LR SFP+ 1 Year 05/30/ LR311-SFPP Interfaces 131 INM Warranty 2024 10GB- Modular 10GB CWDM LR SFP+ 1 Year 05/30/ LR331-SFPP Interfaces 1331NM Warranty 2024 10GB- Modular 10GB 1GB DUAL RATE 10GB, 1GB DUAL RATE 1 Year LRLX-SFPP Interfaces LR LX SMF LR LX SMF Warrant 10G -L - Modular 10GASEL SFP+ 10GASE-L SFP+ 1 Year SFPP Interfaces 220M MM OPTIC 220M MM OPTIC Warrant 10GB-LRM- Modular 10GB LRM MM SFP+ 10GB, LRM, MM, SFP+, 1 Year SFPP-G Interfaces TAA TAA Warrant 10G -L - Modular 10 GBASELR SFP+ I OK 10 GBASE-L SFP+ IOK 1 Year SFPP Interfaces SM OPTIC SM OPTIC Warrant 10GB-LR- Modular 10GB LR SM SFP+ TAA 10GB, LR, SM, SFP+, 1 Year SFPP-G Interfaces TAA Warranty I 10GB-SR- Modular GBASESR SFP+ 33/82M GBASE-SR SFP+ 1 Year SFPP Interfaces MM OPTIC 33/82M MM OPTIC Warrant 10GB-SR- Modular 10GB SR MM SFP+ TAA 10GB, SR, MM, SFP+, 1 Year SFPP-G Interfaces TAA Warrant 10GB- Modular 10GB 1GB DUAL RATE 10GB, 1GB DUAL RATE 1 Year SRSX-SFPP Interfaces SR SX MMF SR SX MMF Warrant 10G -USR- Modular BUNDLE OF 48 1 Year 04/03/ 48PK Interfaces 10GUSSFPP Warranty 2023 10G -USR- Modular 10G 10GASEUS 1 Year 12/31/ SFPP Interfaces MMF SFP+ Warranty 2022 Attachment D Page 204 of 471 Page 278 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10G -Z - Modular IOGB 8OKM SFP+ IOGB 8OKM SFP+ 1 Year SFPP Interfaces Warrant 10G-SFP- SRA CBLOPTICAL7MSFP+DI CBLOPTICAL7MSFP+D 1 Year 10/31/ AOC-0701 RECTIOGACTIVEI P IRECTIOGACTIVEI P Warranty 2024 10G-SFP- SRA CBLOPTICALIOMSFP+D CBLOPTICALIOMSFP+ 1 Year 10/31/ AOC-1001 IRECTIOGACTIVEI DIRECT I OGACTIVE I Warranty 2024 10G-SFP- SRA I OGE LR SFP+ OPTIC I OGE LR SFP+ OPTIC 1 Year 10/31/ BXD-S (LC)BIDIRECTIONAL (LC)BIDIRECTIONAL Warranty 2024 DO DO 10G-SFP- SRA I OGE LR SFP+ OPTIC I OGE LR SFP+ OPTIC 1 Year 10/31/ BXU-S (LC)BIDIRECTIONAL (LC)BIDIRECTIONAL Warranty 2024 UP UP 10G-SFP-ER SRA IOGBASEER SFP+ OPTIC IOGBASEER SFP+ 1 Year 10/31/ (LC)UP TO 40KM OPTIC (LC)UP TO Warranty 2024 40KM 10G-SFP- SRA IOGBASEER SFP+ OPTIC IOGBASEER SFP+ 1 Year 10/31/ ER-2 (LC)40KM 2PACK OPTIC (LC)40KM Warranty 2024 2PACK IOG-SFP-LR SRA IOG ASEL SFP+ OPTIC 10G ASEL SFP+ 1 Year 10/31/ LC IOKM SMF OPTIC LC IOKM SMI7 Warranty 2024 10G-SFP- SRA 10GBASELRSFPP SMF IOGBASELRSFPP SMF 1 Year 10/31/ LR-8 LC CONNECTOR 8PACK LC CONNECTOR Warranty 2024 8PACK 10G-SFP- SRA I OGBASELRM 13 1 ONM I OGBASELRM 13 1 ONM 1 Year 10/31/ LRM SFP+ OPTIC LC TAR SFP+ OPTIC LC TAR Warranty 2024 10G-SFP- SRA IOGBASELRM SFP+ IOGBASELRM SFP+ 1 Year 10/31/ LRM-8 OPTIC (LC)220M 8PACK OPTIC (LC)220M Warranty 2024 8PACK 10G-SFP- SRA IOGBASELR SFP+ OPTIC IOGBASELR SFP+ 1 Year 10/31/ LR-S (LC)IOKM OVERSMF OPTIC (LC)IOKM Warranty 2024 OVERSMF 10G-SFP- SRA IOGBASELR SFP+ OPTIC IOGBASELR SFP+ 1 Year 10/31/ LR-S8 (LC)IOKM OVERSMF OPTIC (LC)IOKM Warranty 2024 OVERSMF 10G-SFP- SRA IOGBASELR SFP+ OPTIC IOGBASELR SFP+ 1 Year 10/31/ LR-SA (LC)IOKM OVERSMF OPTIC (LC)IOKM Warranty 2024 OVERSMF 10G-SFP- SRA IOGBASELR SFP+ OPTIC IOGBASELR SFP+ 1 Year 10/31/ LR-SA8 (LC)IOKM OVERSMF OPTIC (LC)IOKM Warranty 2024 OVERSMF 10G-SFPP- SRA I OGE USR SFP+HIGH I OGE USR SFP+ optic 1 Year 10/31/ USR-8-E RX SENSITIVITYBPAC (LC)w/ 13dBm Rx Warranty 2024 sensitivity 100m over MMF 8 ack 10G-SFPP- SRA 10GE USR SFP+HIGH 10GE USR SFP+ optic 1 Year 10/31/ USR-E SENSITIVITY I PACK LC w/ 13dBm Rx Warrant 2024 Attachment D Page 205 of 471 Page 279 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. sensitivity 100m over NMF 1 ack IOG-SFP-SR SRA 10GASESSFP+ OPTIC 10GASESSFP+ 1 Year 10/31/ LC 300M MMF OPTIC LC 300M MMF Warranty 2024 10G-SFP- SRA 10GBASESRSFPP MMF 10GBASESRSFPP MMF 1 Year 10/31/ SR-8 LC CONNECTOR 8PACK LC CONNECTOR Warranty 2024 8PACK 10G-SFP- SRA 10GBASESR 10GBASESR 1 Year 10/31/ SR-S SFP+OPTIC(LC) 300M SFP+OPTIC(LC) 300M Warranty 2024 MMF STD MMF STD 10G-SFP- SRA 10GBASESR 10GBASESR 1 Year 10/31/ SR-S8 SFP+OPTIC(LC) 300M SFP+OPTIC(LC) 300M Warranty 2024 MMF STD MMF STD 10G-SFP- SRA 10GBASESR 10GBASESR 1 Year 10/31/ SR-SA SFP+OPTIC(LC) 300M SFP+OPTIC(LC) 300M Warranty 2024 MMF STD MMF STD 10G-SFP- SRA 10GBASESR 10GBASESR 1 Year 10/31/ SR-SA8 SFP+OPTIC(LC) 300M SFP+OPTIC(LC) 300M Warranty 2024 MMF STD MMF STD 10G-SFP- SRA DIRECT ATTACBED DIRECT ATTACBED 1 Year 10/31/ TWX-0101 SFPP COPPERIMIPACK SFPP Warranty 2024 COPPERIMIPACK 10G-SFP- SRA DIRECT ATTACHED DIRECT ATTACHED 1 Year 10/31/ TWX-0108 SFPP COPPERIMBPACK SFPP Warranty 2024 COPPERIMBPACK 10G-SFP- SRA DIRECT ATTACHED DIRECT ATTACHED 1 Year 10/31/ TWX-0301 SFPP COPPER3MIPACK SFPP Warranty 2024 COPPER3MIPACK 10G-SFP- SRA DIRECT ATTACHED DIRECT ATTACHED 1 Year 10/31/ TWX-0308 SFPP COPPER3M8PACK SFPP Warranty 2024 COPPER3M8PACK 10G-SFP- SRA DIRECT ATTACHED DIRECT ATTACHED 1 Year 10/31/ TWX-0501 SFPP COPPERSMIPACK SFPP Warranty 2024 COPPERSMIPACK 10G-SFP- SRA DIRECT ATTACHED DIRECT ATTACHED 1 Year 10/31/ TWX-0508 SFPP COPPER5M8PACK SFPP Warranty 2024 COPPER5M8PACK 10G-SFP- SRA 10GE SFP+DAC 10GE SFP+DAC 1 Year 10/31/ TWX-P- CABLEIM 1PACK CABLEIM 1PACK Warranty 2024 0101 PASSIVE PASSIVE 10G-SFP- SRA 10GE SFP+DAC CABLE 10GE SFP+DAC 1 Year 10/31/ TWX-P- 1M 8PACK PASSIVE CABLE 1M 8PACK Warranty 2024 0108 PASSIVE 10G-SFP- SRA 10GE SFP+DAC CABLE 10GE SFP+DAC 1 Year 10/31/ TWX-P- 3M 1PACK PASSIVE CABLE 3M 1PACK Warranty 2024 0301 PASSIVE Attachment D Page 206 of 471 Page 280 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10G-SFP- SRA 10GE SFP+DAC CABLE 10GE SFP+DAC 1 Year 10/31/ TWX-P- 3M 8PACK PASSIVE CABLE 3M 8PACK Warranty 2024 0308 PASSIVE 10G-SFP- SRA 10GE SFP+DAC CABLE 10GE SFP+DAC 1 Year 10/31/ TWX-P- 5M 1PACK PASSIVE CABLE 5M 1PACK Warranty 2024 0501 PASSIVE 10G-SFP- SRA 10GE SFP+DAC CABLE 10GE SFP+DAC 1 Year 10/31/ TWX-P- 5M 8PACK PASSIVE CABLE 5M 8PACK Warranty 2024 0508 PASSIVE 10G-SFP- SRA SFP+ 10G USR OPTIC 1 SFP+ 10G USR OPTIC 1 1 Year 10/31/ USR PK BR PK BR Warranty 2024 10G-SFP- SRA SFP+ 10G USR OPTIC 8 SFP+ 10G USR OPTIC 8 1 Year 10/31/ USR-8 PK BR PK BR Warranty 2024 10G-SFP- SRA 10GE USR SFP+ OPTIC 10GE USR SFP+ OPTIC 1 Year 10/31/ USR-SA LC RANGE 100M MMF LC RANGE 100M MMF Warranty 2024 10G-SFP- SRA 10GE USR SFP+ OPTIC 10GE USR SFP+ OPTIC 1 Year 10/31/ USR-SA8 LC RANGE 100M MMF LC RANGE 100M MMF Warranty 2024 10G-SFP-ZR SRA 10GBASEZRSFP+ OPTIC 10GBASEZRSFP+ 1 Year 10/31/ (LC)UP TO 80KM OPTIC (LQUP TO Warranty 2024 80KM 10G-SFP- SRA 10GBASEZR SFP+ OPTIC 10GBASEZR SFP+ 1 Year 10/31/ ZR-2 (LC)80KM 2PACK OPTIC (LC)80KM Warranty 2024 2PACK 10G-SFP- SRA I OGBASEZRD TUNABLE IOGBASEZRD 1 Year 10/31/ Z -T DWDM 80 KM SFP+ TUNABLE DWDM 80 Warranty 2024 KM SFP+ 10G-XFP- SRA 10GBE XFP Pluggable 10GbE XFP 1 Year 10/31/ 1310-LRM TRANSCEIVER UP TO transceiver (LC) 1310 nm Warranty 2024 220 MM FIBER serial for use on multimode fiber (FDDIgrade)up to 220 meters MM fiber compatible with 10GBASELRM optics 10G-XFP- SRA OPTIC 10GBE ER XFP 1550nm serial pluggable 1 Year 10/31/ ER SMF LC CONNECTOR XFP optic (LC)for up to Warranty 2024 40km over SMF 10G-XFP- SRA OPTIC 10GBE LR XFP 1310nm serial pluggable 1 Year 10/31/ LR SMF LC CONNECTOR XFP optic (LC)for up to Warranty 2024 10km over SMF 10G-XFP- SRA OPTIC 10GBE LR XFP 1310nm serial pluggable 1 Year 10/31/ LR-4 SMF LC CONN 4PK XFP optic (LC)for up to Warranty 2024 10km over SMF 4 Pack IOG-XFP-SR SRA OPTIC 10GE SR XFP 850nm serial pluggable 1 Year 10/31/ MMF LC CONNECTOR XFP optic (LC)target Warranty 2024 range 300m over MMF Attachment D Page 207 of 471 Page 281 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 10G-XFP- SRA OPTIC 10GBE SR XFP 850nm serial pluggable 1 Year 10/31/ SR-4 MMF LC CONN 4PK XFP optic (LC) 4 Pack Warranty 2024 target range 300m over NMF 10G-XFP- SRA OPTIC 10GBE ZR XFP 1550nm serial pluggable 1 Year 10/31/ ZR SMF LC CONNECTOR XFP optic (LC)for up to Warranty 2024 80km over SMF 16172T Summit X450G224tGE4FBTAA 24 10/100/1000BASET 4 Limited I OOOBASEX unpopulated Lifetime SFP two 21Gb stacking Warranty ports (QSFP) 1 Fixed AC with PSU 1 RPS port fan express module FronttoBack Advanced ExtremeXOS Edge Hardware license w Policy Replacem ent-2 16173T Summit X450G224pGE4FB715TA 2410/100/1000BASET Limited A POE+ 4 1000BASEX Lifetime unpopulated SFP two Warranty 21Gb stacking ports with (QSFP) 2 power supply express slots populated with Advanced 715W PS fan module Hardware FronttoBack ExtremeXOS Replacem Edge license w Policy ent-2 16177T Summit X450G224plOGE4FB715T 2410/100/1000BASET Limited AA POE+ 4 10GBASEX Lifetime unpopulated SFP+ two Warranty 21Gb stacking ports with (QSFP) 2 power supply express slots populated with Advanced 715W PS fan module Hardware FronttoBack ExtremeXOS Replacem Edge license w Policy ent-2 16179T Summit X450G248plOGE4FB1100 4810/100/1000BASET Limited TAA POE+ 4 10GBASEX Lifetime unpopulated SFP+ two Warranty 21Gb stacking ports with (QSFP) 2 power supply express slots populated with Advanced 1100W PS fan module Hardware FronttoBack ExtremeXOS Replacem Edge license w Policy ent-2 Attachment D Page 208 of 471 Page 282 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16301T Summit Summit X48048tTAA 48 10/100/1000BASET 4 1 Year 12/31/ 100/1000BASEX Warranty 2023 unpopulated SFP (shared) No PSU with two unpopulated PSU slots one VIM2 slot ExtremeXOS Advanced Edge license Trade Agreement Act compliant model. 16303T Summit Summit X48024xTAA 24 100/1000BASEX 1 Year 12/31/ unpopulated SFP 12 Warranty 2023 10/100/1000BASET (shared) 2 unpopulated XFP ports No PSU with two unpopulated PSU slots one VIM2 slot ExtremeXOS Advanced Edge license Trade Agreement Act compliant model. 16304T Summit Summit X48048xTAA 48 100/1000BASEX 1 Year 12/31/ unpopulated SFP No PSU Warranty 2023 with two unpopulated PSU slots one VIM2 slot ExtremeXOS Advanced Edge license Trade Agreement Act compliant model. 16401T Summit Summit X46024tTAA 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP (4 24 Warranty 10/100/1000BASET 8 with 100/1000BASEX express unpopulated SFP (4 SFP Advanced ports shared with Hardware 10/100/1000BASET Replacem ports) XGM3 slot ent Stacking module slot 30OW AC PSU with one unpopulated PSU slot Fan Module ExtremeXOS Edge License Trade Agreement Act compliant model. Attachment D Page 209 of 471 Page 283 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16402T Summit Summit X46048tTAA 48 10/100/1000BASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 30OW AC PSU with one express unpopulated PSU slot Fan Advanced Module ExtremeXOS Hardware Edge License Trade Replacem Agreement Act compliant ent model. 16403T Summit Summit X46024pTAA 24 10/100/1000BASET Limited 06/30/ PoEplus 8 Lifetime 2022 100/1000BASEX Warranty unpopulated SFP (4 SFP with ports shared with express 10/100/1000ASET Advanced ports) XGM3 slot Hardware Stacking module slot Replacem 750W AC PoE PSU with ent one unpopulated PSU slot Fan Module ExtremeXOS Edge License Trade Agreement Act compliant model. 16405T Summit Summit X46024xTAA 24 100/1000BASEX Limited 06/30/ unpopulated SFP 8 Lifetime 2022 10/100/1000BASET (4 Warranty 10/100/1000BASET ports with shared with SFP ports) express XGM3 slot Stacking Advanced module slot 30OW AC Hardware PSU with one Replacem unpopulated PSU slot Fan ent Module ExtremeXOS Edge License Trade Agreement Act compliant model. 16406T Summit Summit X46048xTAA 48 100/1000BASEX Limited 06/30/ unpopulated SFP XGM3 Lifetime 2022 slot Stacking module slot Warranty 30OW AC PSU with one with unpopulated PSU slot Fan express Module ExtremeXOS Advanced Edge License Trade Hardware Agreement Act compliant Replacem model. ent Attachment D Page 210 of 471 Page 284 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16501T Summit Summit X4408tTAA 8 10/100/1 OOOBASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP SummitStack Warranty Stacking ports I AC PSU with ExtremeXOS Edge express license TAA model Advanced Hardware Replacem ent 16502T Summit Summit X4408pTAA 8 10/100/1000BASET Limited 03/31/ PoEplus 4 1000BASEX Lifetime 2022 unpopulated SFP Warranty SummitStack Stacking with ports I AC PSU express ExtremeXOS Edge Advanced license TAA model Hardware Replacem ent 16503T Summit Summit X44024tTAA 24 10/100/1 OOOBASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) Summit Stack express Stacking ports I AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent TAA model 16504T Summit Summit X44024pTAA 24 10/100/1000BASET Limited 03/31/ PoEplus 4 1000BASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) Summit Stack Advanced Stacking ports I AC PSU Hardware ExtremeXOS Edge Replacem license connector for ent external power supply TAA model 16505T Summit Summit X44048tTAA 48 10/100/1 OOOBASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) SummitStack express Stacking ports I AC PSU Advanced ExtremeXOS Edge Hardware Attachment D Page 211 of 471 Page 285 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. license connector for Replacem external power supply ent TAA model 16506T Summit Summit X44048pTAA 48 10/100/1000BASET Limited 03/31/ PoEplus 4 1000BASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) SummitStack Advanced Stacking ports 1 AC PSU Hardware ExtremeXOS Edge Replacem license connector for ent external power supply TAA model 16507T Summit Summit X44024t10GTAA 24 10/100/1000BASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) 2 10GBASEX express SFP+ 1 AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent TAA model 16508T Summit Summit X44024p10GTAA 24 10/100/1000BASET Limited 03/31/ PoEplus 4 1000BASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) 2 10GBASEX Advanced SFP+ 1 AC PSU Hardware ExtremeXOS Edge Replacem license connector for ent external power supply TAA model 16509T Summit Summit X44048t10GTAA 48 10/100/1000BASET 2 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (2 SFP ports shared Warranty with 10/100/1000BASET with ports) 2 10GBASEX express SFP+ 1 AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent TAA model Attachment D Page 212 of 471 Page 286 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16510T Summit Summit X44048p10GTAA 48 10/100/1000BASET Limited 03/31/ PoEplus 2 1000BASEX Lifetime 2022 unpopulated SFP (2 SFP Warranty ports shared with with 10/100/1000BASET express ports) 2 10GBASEX Advanced SFP+ 1 AC PSU Hardware ExtremeXOS Edge Replacem license connector for ent external power supply TAA model 16531T Summit X440G212plOGE4TAA X440G2 12 Limited 10/100/1000BASET Lifetime POE+ 4 1GbE Warranty unpopulated SFP with upgradable to 10GbE express SFP+ 1 Fixed AC PSU 1 Advanced S port ExtreeXOS Hardware Edge license TAA model Replacem ent-2 16532T Summit X440G224tlOGE4TAA X440G2 24 Limited 10/100/1000BASET 4 Lifetime SFP combo 4 1GbE Warranty unpopulated SFP with upgradable to 10GbE express SFP+ 1 Fixed AC PSU 1 Advanced S port ExtreeXOS Hardware Edge license TAA model Replacem ent-2 16533T Summit X440G224plOGE4TAA X440G2 24 Limited 10/100/1000BASET Lifetime POE+ 4 SFP combo 4 Warranty 1GbE unpopulated SFP with upgradable to 10GbE express SFP+ 1 Fixed AC PSU 1 Advanced S port ExtreeXOS Hardware Edge license TAA model Replacem ent-2 16535T Summit X440G248plOGE4TAA X440G2 48 Limited 10/100/1000BASET Lifetime POE+ 4 SFP combo 4 Warranty 1GbE unpopulated SFP with upgradable to 10GbE express SFP+ (2 combo/2 Advanced noncombo) 2 1GbE Hardware copper combo upgradable Attachment D Page 213 of 471 Page 287 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. to 10GbE 1 Fixed AC Replacem P SU 1 RPS port ent-2 ExtremeXOS TAA model 16538T Summit X440G224xlOGE4TAA X440G2 24 unpopulated Limited 1000BASEX SFP (4 Lifetime combo) 4 10/100/1000 Warranty combo 4 1GbE with unpopulated express SFPupgradable to 10GbE Advanced SFP+ 1 Fixed AC PSU 1 Hardware S port ExtremeXOS Replacem Edge license TAA model ent-2 16703T Summit X460G224plOGE4FB715T 2410/100/1000BASET Limited AA POE+ 4 10GBASEX Lifetime unpopulated SFP+Rear Warranty VIM Slot(unpopd) Rear with Timing Slot(unpopd) 2 express power supply slots Advanced populated with 715W PS Hardware fan module FronttoBack Replacem ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16704T Summit X460G248plOGE4FB1100 4810/100/1000BASET Limited TAA POE+ 4 10GBASEX Lifetime unpopulated SFP+Rear Warranty VIM Slot(unpopd) Rear with Timing Slot(unpopd) 2 express power supply slots Advanced populated with 1100W PS Hardware fan module FronttoBack Replacem ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16705T Summit X460G224xlOGE4FBACT 24 SFP 4 10GBASEX Limited AA unpopulated SFP+Rear Lifetime VIM Slot(unpopd) Rear Warranty Timing Slot(unpopd) 2 with power supply slots express populated with 300W PS Advanced fan module FronttoBack Hardware ExtremeXOS Advanced Replacem Edge license with Policy ent-2 Attachment D Page 214 of 471 Page 288 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. with EXOS Release 22.1 or greater 16706T Summit X460G248xlOGE4FBACT 48 SFP 4 1 OGBASEX Limited AA unpopulated SFP+Rear Lifetime VIM Slot (unpopd) Rear Warranty Timing Slot (unpopd) 2 with power supply slots express populated with 300W PS Advanced fan module FronttoBack Hardware ExtremeXOS Advanced Replacem Edge license with Policy ent-2 with EXOS Release 22.1 or greater 167 1 OT Summit Summit X460G2 TAAcompliant Optional Limited VIM2qTAA Virtual Interface Module Lifetime for the rear of the X460G2 Warranty providing 2 40GBASEX with ports unpopulated QSFP+ express Advanced Hardware Replacem ent-2 16711T Summit Summit X460G2 TAAcompliant Optional Limited VIM2xTAA Virtual Interface Module Lifetime for the rear of the X460G2 Warranty providing 2 IOGBASEX with ports unpopulated SFP+ express Advanced Hardware Replacem ent-2 16712T Summit Summit X460G2 TAAcompliant Optional Limited VIM2tTAA Virtual Interface Module Lifetime for the rear of the X460G2 Warranty providing 2 1 OGBASET with ports express Advanced Hardware Replacem ent-2 16713T Summit Summit X460G2 TAAcompliant Optional Limited VIM2ssTAA Virtual Interface Module Lifetime for the rear of the X460G2 Warranty with I Attachment D Page 215 of 471 Page 289 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. providing 2 ports of express Extremes SummitStack Advanced Hardware Replacem ent-2 16715T Summit Summit X460G2 TAAcompliant Optional Limited TMCLKTAA Timing Module for the Lifetime rear of the X460G2 Warranty providing the hardware with for SyncE and 1588 PTP express clocking with 2 ports of Advanced miniBNC connectors for Hardware clocking outputs Replacem ent-2 16716T Summit X460G224tGE4FBACTAA 24 10/100/1000BASET 4 Limited 1000BASEX unpopulated Lifetime SFP Rear VIM Slot Warranty (unpopd) Rear Timing with Slot (unpopd) 2 power express supply slots populated Advanced with 30OW PS fan module Hardware FronttoBack ExtremeXOS Replacem Advanced Edge license ent-2 with Policy with EXOS Release 22.1 or greater 16718T Summit X460G224pGE4FB715TA 24 10/100/1000BASET Limited A POE+ 4 1000BASEX Lifetime unpopulated SFP Rear Warranty VIM Slot (unpopd) Rear with Timing Slot (unpopd) 2 express power supply slots Advanced populated with 715W PS Hardware fan module FronttoBack Replacem ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16719T Summit X460G248pGE4FBII00T 48 10/100/1000BASET Limited AA POE+ 4 1000BASEX Lifetime unpopulated SFP Rear Warranty VIM Slot (unpopd) Rear with Timing Slot (unpopd) 2 express power supply slots Advanced populated with I I OOW PS Hardware fan module FronttoBack Replacem ExtremeXOS Advanced ent-2 Attachment D Page 216 of 471 Page 290 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Edge license with Policy with EXOS Release 22.1 or greater 16720T Summit X460G216mp32plOGE4FB 16 10OMb/1.0/2.5GbE Limited TAA PoE+ 32 Lifetime 10/100/1000BASET Warranty PoE+ 4 1000/10G BaseX with unpopd SFP+ports Rear express VIM Slot (unpopd) Rear Advanced Timing Slot (unpopd) 2 Hardware 1100 watt power supplies Replacem fan module FronttoBack ent-2 EXOS Advanced Edge license w Policy Trade Agree ent Act 16756T Summit X460G224p24hp I OGE4FB X460G2 24 10/100/1000 Limited TAA full duplex PoE+24 Lifetime 10/100/1000 full/half Warranty duplex PoE+4 1000/10G with SFP+ ports Rear VIM Slot express Rear Timing Slot 2 Advanced I I OOW AC power Hardware supplies fan module Replacem FronttoBack airflow ent-2 ExtremeXOS Advanced Edge w Policy Trade Agree ent Act 16757T Summit X460G224t24htI OGE4FBT X460G2 24 10/100/1000 Limited AA full duplex 24 Lifetime 10/100/1000 full/half Warranty duplex 4 1000/10G SFP+ with ports Rear VIM Slot Rear express Timing Slot two 300W Advanced AC power supplies fan Hardware module FronttoBack Replacem airflow ExtremeXOS ent-2 Advanced Edge w Policy Trade Agreement Act model 16G-SFP- SRA FRUSFP+SWL16GIPKBR FRUSFP+SWL16GIPKB I Year 10/31/ 000192 R Warranty 2024 16G-SFP- SRA FRUSFP+SWL16G8PKBR FRUSFP+SWL16G8PKB I Year 10/31/ 000193 1 Warranty 1 2024 16G-SFP- SRA FRUSFP+LWL16GI0KMI FRUSFP+LWL16GI0KM � I Year 10/31/ 000198 PKBR IPKBR Warranty � 2024 Attachment D Page 217 of 471 Page 291 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 16G-SFP- SRA FRUSFP+LL16G108 FRUSFP+LL16G10 1 Year 10/31/ 000199 PKBR 8PKBR Warranty 2024 16G-SFP- SRA FRU QSFP SL 4X16G FRU QSFP SWL 4X16G 1 Year 10/31/ 000245 FCCOMPLIANT IPK FCCOMPLIANT IPK Warranty 2024 17101T Summit Summit X670V48xFBTAA 48 10GBASEX SFP+ one 1 Year 06/30/ VIM4 slot(unpopulated) Warranty 2022 ExtremeXOS Advanced Edge License unpopulated dual PSU power slot FronttoBack airflow fan module Trade Agreement Act compliant model. 17102T Summit Summit X670V48xBFTAA 48 10GBASEX SFP+ one 1 Year 06/30/ VIM4 slot(unpopulated) Warranty 2022 ExtremeXOS Advanced Edge License unpopulated dual PSU power slot BacktoFront airflow fan module Trade Agreement Act compliant model. 17103T Summit Summit X67048xFBTAA 48 10GBASEX SFP+ 1 Year 06/30/ ExtremeXOS Advanced Warranty 2022 Edge License unpopulated dual PSU power slot FronttoBack airflow fan module Trade Agreement Act compliant model. 17104T Summit Summit X67048xBFTAA 48 10GBASEX SFP+ 1 Year 06/30/ ExtremeXOS Advanced Warranty 2022 Edge License unpopulated dual PSU power slot BacktoFront airflow fan module Trade Agreement Act compliant model. 17201T Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48tFBACTAA IOGBASEX(unpopulated Warranty 2024 and shared with 4 ports of the 48GBaseT ports) one VIM4 slot(unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC power suppliesFronttoBack airflow fansTrade Attachment D Page 218 of 471 Page 292 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement Compliant model 17202T Summit Summit 48 10GBASET 4 1 Year 03/01/ X670V48tBFACTAA 10GBASEX(unpopulated Warranty 2024 and shared with 4 ports of the 48 10GBaseT ports) one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License2 BacktoFront 550W AC power suppliesBacktoFront airflow fansTrade Agreement Compliant model 17203T Summit Summit 48 10GBASET4 1 Year 03/01/ X670V48tFBDCTAA 10GBASEX(unpopulated Warranty 2024 and shared with 4 ports of the 48 10GBaseT ports) one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License 2 FronttoBack 550W DC power suppliesFronttoBack airflow fansTrade Agreement Compliant model 17204T Summit Summit 48 10GBASET4 1 Year 03/01/ X670V48tBFDCTAA 10GBASEX(unpopulated Warranty 2024 and shared with 4 ports of the 48 10GBaseT ports)one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License 2 BacktoFront 550W DC power supplies BacktoFront airflow fansTrade Agreement Compliant model Attachment D Page 219 of 471 Page 293 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 17205T Summit Summit 48 10GBASET 4 1 Year 03/01/ X670V48tFBMIXTAA IOGBASEX(unpopulated Warranty 2024 and shared with 4 ports of IOGBaseT ports)one VIM4 slot(unpopulated)Extreme XOS Advanced Edge Licensel FronttoBack 550W AC power supply FronttoBack 550W DC power supplyFronttoBack airflow fansTAA 17206T Summit Summit 48 10GBASET 4 1 Year 03/01/ X670V48tBFMIXTAA IOGBASEX(unpopulated Warranty 2024 and shared with 4 ports of IOGBaseT ports)one VIM4 slot(unpopulated)Extreme XOS Advanced Edge Licensel FronttoBack 550W AC power supply FronttoBack 550W DC power supplyBackto Front airflow fansTAA 17310T Summit X670G248x4gFBACTAA TAA Summit 1 Year X670G248x4q 48 Warranty I OGBASEX SFP+ and 4 40GASEX SFP+ ExtremeXOS Advanced Edge License 2 550W AC Power Supplies with FronttoBack airflow and 3 FronttoBack airflow fan modules 17401G Summit X62016xBF TAA X620 16 Limited 100Mb/lGb/10GBASEX Lifetime SFP+ ports 2 BF 300W Warranty AC power supplies 1 BF with Fan Module ExtremeXOS express Edge license Advanced Hardware Replacem ent-2 17401T Summit X62016xFB TAA X620 16 Limited 100Mb/lGb/10GBASEX Lifetime SFP+ ports 2 FB 300W Warranty Attachment D Page 220 of 471 Page 294 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AC power supplies I FB with Fan Module ExtremeXOS express Edge license Advanced Hardware Replacem ent-2 17402G Summit X62016tBF TAA X620 12 Limited 100Mb/lGb/I0GBASET Lifetime ports with EEE 4 Warranty 100Mb/lGb/I0GBASET with with EEE shared with 4 express IGb/IOGBASEX SFP+ Advanced ports 2 BF 300W AC Hardware power supplies I BF Fan Replacem Module ExtremeXOS ent-2 Edge license 17402T Summit X62016tFB TAA X620 12 Limited 100Mb/lGb/I0GBASET Lifetime ports with EEE 4 Warranty 100Mb/lGb/I0GBASET with with EEE shared with 4 express IGb/IOGBASEX SFP+ Advanced ports 2 FB 300W AC Hardware power supplies I FB Fan Replacem Module ExtremeXOS ent-2 Edge license 18104-6PK VPE V40048p10GE4 6Pack Six Pack of V400 Series Limited 48 101001000BASET Lifetime PoE 4 1000 1 OGBaseX Warranty unpopulated SFP ports with fixed power supply and express fans Advanced Hardware Replacem ent IG-SFP- SRA FRUSFPIGE FRUSFPIGE I Year 10/31/ 000190 COPPERIPKROHSBR COPPERIPKROHSBR Warranty 2024 IG-SFP- SRA IOOOBASEBXD SFP IOOOBASEBXD SFP I Year 10/31/ BXD 1490NM SMF LC (CON 1490NM SMF LC (CON Warranty 2024 IG-SFP- SRA IOOOBASEBXU SFP I OOOBASEBXU SFP I Year 10/31/ B XU 1310 SMF LC (CON 1310 SMF LC (CON Warranty 2024 IG-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC I Year 10/31/ CWDM80- 80KM 1470NM LC 80KM 1470NM LC Warranty 2024 1470 CONNE CONNE Attachment D Page 221 of 471 Page 295 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 1G-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC 1 Year 10/31/ CWDM80- 80KM 1490NM LC 80KM 1490NM LC Warranty 2024 1490 CONNE CONNE 1G-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC 1 Year 10/31/ CWDM80- 80KM 1510NM LC 80KM 1510NM LC Warranty 2024 1510 CONNE CONNE 1G-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC 1 Year 10/31/ CWDM80- 80KM 1530NM LC 80KM 1530NM LC Warranty 2024 1530 CONNE CONNE 1G-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC 1 Year 10/31/ CWDM80- 80KM 1550NM LC 80KM 1550NM LC Warranty 2024 1550 CONNE CONNE 1G-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC 1 Year 10/31/ CWDM80- 80KM 1570NM LC 80KM 1570NM LC Warranty 2024 1570 CONNE CONNE 1G-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC 1 Year 10/31/ CWDM80- 80KM 1590NM LC 80KM 1590NM LC Warranty 2024 1590 CONNE CONNE 1G-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC 1 Year 10/31/ CWDM80- 80KM 1610NM LC 80KM 1610NM LC Warranty 2024 1610 CONNE CONNE 1G-SFP- SRA 1000BASELHA SFP 1000BASELHA SFP 1 Year 10/31/ LHA-OM OPTIC SMI7 LC CONN OP OPTIC SMF LC CONN Warranty 2024 OP 1G-SFP- SRA 1000ASELA SFP 1000ASELA SFP 1 Year 10/31/ LHA-OM-T OPTIC MMF LC OPTIC MMI7 LC Warranty 2024 CONNECT CONNECT 1G-SFP- SRA MODULE MINIGBIC MODULE MINIGBIC 1 Year 10/31/ LHB OPTIC LHB SMF LC OPTIC LHB SMF LC Warranty 2024 1G-SFP-LX- SRA 1000BASELX SFP OPTIC 1000BASELX SFP 1 Year 10/31/ OM SMI7 LC CONN OP OPTIC SMF LC CONN Warranty 2024 OP 1G-SFP-LX- SRA 1000ASELX SFP OPTIC 1000ASELX SFP 1 Year 10/31/ OM-8 8 PACKSMFLC CONN OPTIC 8 PACKSMFLC Warranty 2024 CONN 1G-SFP-LX- SRA 1000ASELX SFP OPTIC 1000ASELX SFP 1 Year 10/31/ OM-T SMI7 LC CONNECTOR OPTIC SMF LC Warranty 2024 CONNECTOR 1G-SFP-SX- SRA 1000ASESX SFP OPTIC 1000ASESX SFP 1 Year 10/31/ OM MMI7 LC CONN OP OPTIC MMI7 LC CONN Warranty 2024 OP 1G-SFP-SX- SRA 1000ASESX SFP OPTIC 1000ASESX SFP 1 Year 10/31/ OM-8 8 PACKMMFLC CONN OPTIC 8 PACKMMFLC Warranty 2024 CONN Attachment D Page 222 of 471 Page 296 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 1G-SFP-SX- SRA IOOO ASESX SFP OPTIC IOOO ASESX SFP 1 Year 10/31/ OM-T MMF LC CONNECTOR OPTIC MMF LC Warranty 2024 CONNECTOR 1G-SFP-TX SRA MODULE MINIGBIC TX MODULE MINIGBIC 1 Year 10/31/ 1000BASE RJ45 TX IOOOBASE RJ45 Warranty 2024 23844-00- WiNG CORD SET18AWG SVT CORD SET IBAWG SVT 1 Month OOR Wireless 3COND 7.5FT 3COND 7.5FT Warranty Win 25-19371-01 WiNG CBL ASSYANTENNA CBL ASSYANTENNA 1 Month Wireless Warranty Win 25-72178-01 WiNG CABLEJUMPER CABLEJUMPER 1 Month Wireless RPSMA(M) TO RPBNC(F) RPSMA(M) TO Warranty RPBNC F Win 25-85391- WiNG Adapter RPSMAMNM RPSMA (Male)to Type N 1 Month 01R Wireless (Male) Adapter Warranty Win 25-85392- WiNG Adapter RPSMAMNF RPSMA (Male) To Type 1 Month 01R Wireless N(Female) Adapter Warranty Win 25-90262- WiNG Adapter RPSMAFNF RPSMAFemale to 1 Month 01R Wireless NFemale adapter Warranty Win 25-90263- WiNG Adapter RPSMAFNM RPSMAFemale to NMale 1 Month 01R Wireless adapter Warranty Win 25-90263- WING NMALE TO RPSMA NMALE TO RPSMA 1 Month 02R Wireless FEMALE ADAPTER FEMALE ADAPTER Warranty Win 25-97593- WiNG CBL AS SYSERIAL NULL CBL ASSYSERIAL 1 Month 01R Wireless MODEM DB9RJ45 NULL MODEM Warranty DB9RJ45 Win 25-99175- WiNG NType Female to NType NType Female to NType 1 Month 01R Wireless Female Adaptor Female Adaptor Warranty Win 25G-SFP28- SRA 25GBASESR SFP28 25GBASESR SFP28 1 Year 10/31/ SR MODULE100M MODULE100M Warranty 2024 25G-SFP28- SRA 25G PASSIVE DIRECT 25G PASSIVE DIRECT 1 Year 10/31/ TWX-P- ATTACHED SFP28 ATTACHED Warranty 2024 0101 COPPE SFP28COPPER 1MTR 1PK 25G-SFP28- SRA 25G PASSIVE DIRECT 25G PASSIVE DIRECT 1 Year 10/31/ TWX-P- ATTACHED SFP28 ATTACHED SFP28 Warranty 2024 0108 COPPE COPPER 1MTR8PK Attachment D Page 223 of 471 Page 297 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 25G-SFP28- SRA 25G PASSIVE DIRECT 25G PASSIVE DIRECT 1 Year 10/31/ TWX-P- ATTACHED SFP28 ATTACHED SFP28 Warranty 2024 0301 COPPE COPPER 3MTRIPK 25G-SFP28- SRA 25G PASSIVE DIRECT 25G PASSIVE DIRECT 1 Year 10/31/ TWX-P- ATTACHED SFP28 ATTACHED SFP28 Warranty 2024 0308 COPPE COPPER 3MTR8PK 40GB-CO.5- Modular 40GB QSFP COPPER 40GB, QSFP COPPER 1 Year QSFP Interfaces DAC 0.5M DAC 0.5M Warrant 40GB-001- Modular 40GB QSFP COPPER 40GB, QSFP COPPER 1 Year QSFP Interfaces CABLE 1M CABLE 1M Warrant 40GB-0O3- Modular 40GB QSFP COPPER 40GB, QSFP COPPER 1 Year QSFP Interfaces CABLE 3M CABLE 3M Warrant 40GB-007- Modular 40GB QSFP COPPER 40GB, QSFP COPPER 1 Year QSFP Interfaces CABLE 7M CABLE 7M Warrant 40GB-ESR4- Modular 40GB EXTENDED 40GB EXTENDED 1 Year QSFP Interfaces REACH SR4 MM QSFP+ REACH SR4, MM Warranty QSFP+ 40G -F10- Modular 40GB QSFP FIBER 40G , QSFP FIBER 1 Year QSFP Interfaces CABLE10M CABLE10M Warrant 40GB-F20- Modular 40GB QSFP FIBER 40GB, QSFP FIBER 1 Year QSFP Interfaces CABLE20M CABLE20M Warrant 40GB-LR4- Modular 40GB 40GBASELR4 SMF 40GB, 40GBASE-LR4 1 Year QSFP Interfaces QSFP+ SMI7 QSFP+ Warrant 40G -LR4- Modular 40GB LR4 SM QSFP+ 40G , LR4, S , QSFP+, 1 Year QSFP-G Interfaces TAA TAA Warrant 40G -SR4- Modular 40GB 40GASES4 MMF 40G , 40GASE-SR4 1 Year QSFP Interfaces QSFP MMF QSFP+ Warrant 40G -SR4- Modular 40GB SR4 MM QSFP+ 40G , SR4, MM, QSFP+, 1 Year QSFP-G Interfaces TAA TAA Warrant 40G-QSFP- SRA QSFP+ TO 4 SFP+ 4x10GE Direct Attached 1 Year 10/31/ 4SFP-AOC- ACTIVE OPTICAL QSFP+to 4 SFP+ Active Warranty 2024 1001 CABLE10M Optical Breakout Cable 10m 1 ack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4x10GE Direct Attached 1 Year 10/31/ 4SFP-C- TO 4 SFP+ ACTIVE COP QSFP+to 4 SFP+ Active Warranty 2024 0101 Copper Breakout Cable 1m 1 ack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4x10GE Direct Attached 1 Year 10/31/ 4SFP-C- TO 4 SFP+ ACTIVE COP QSFP+to 4 SFP+ Active Warranty 2024 0301 Copper Breakout Cable 3m 1 ack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4x10GE Direct Attached 1 Year 10/31/ 4SFP-C- TO 4 SFP+ ACTIVE COP QSFP+to 4 SFP+ Active Warranty 2024 0501 Copper Breakout Cable Sm 1 ack Attachment D Page 224 of 471 Page 298 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 40G-QSFP- SRA 40GB QSFP DIRECT 40GE QSFP Direct 1 Year 10/31/ C-0101 ATTACH CABLEIM Attached Copper Cable Warranty 2024 1m 1 ack 40G-QSFP- SRA 40GB QSFP DIRECT 40GE QSFP Direct 1 Year 10/31/ C-0501 ATTACH CABLESM Attached Copper Cable Warranty 2024 5m 1 ack 40G-QSFP- SRA 40GASEE4 QSFP+ 40GASEE4 QSFP+ 1 Year 10/31/ ER4-1 LC 40KM SMF 1PK LC 40KM SMF 1PK Warranty 2024 40G-QSFP- SRA 40GBASESR4 QSFP+ 40GBASEESR4 QSFP+ 1 Year 10/31/ ESR4 (MODULE) 300M optic (MTP 1x8 or 1x12) Warranty 2024 300m over MMF 1 pack 40G-QSFP- SRA 40GASEES4 QSFP+ 40GASEES4 QSFP+ 1 Year 10/31/ ESR4-8 OPTIC 300M MMF optic (MTP 1x8 or 1x12) Warranty 2024 8PACK 300m over MMF 8 ack 40G-QSFP- SRA 40GASEL4 40GASEL4 QSFP+ 1 Year 10/31/ L 4 QSFP+160M O 4 131Oran 160m over Warranty 2024 MMI72KM SMI7 duplex LC O4 MMF 2km over duplex LC SMF 40G-QSFP- SRA 40GQSFPLR4 OPTIC (LC) 40GQSFPLR4 OPTIC 1 Year 10/31/ LR4-1 LC Warranty 2024 40G-QSFP- SRA 40GBASELR4 QSFP+ 40GBaseLR4 QSFP+ 1 Year 10/31/ LR4-8 OPTIC (LQ 10KM 8PACK optic (LC)for up to 10km Warranty 2024 over SMF 8PACK 40G-QSFP- SRA 4X10GASEL4 QSFP+ 40GaseL4 QSFP+to 4 1 Year 10/31/ LR4-INT TO 4 SFP+ (MODULE) SFP+ optic (LC)for up to Warranty 2024 10km over SMF 1 pack 40G-QSFP- SRA 4X10GASEL4 QSFP+ 4X10GASEL4 QSFP+ 1 Year 10/31/ LR4-INT-8 TO 4 SFP+ 8PACK TO 4 SFP+ 8PACK Warranty 2024 40G-QSFP- SRA 40GB QSFP DIRECT 40GE Direct Attached 1 Year 10/31/ QSFP-AOC- ATTACH AOC 10M QSFP+to QSFP+ Active Warranty 2024 1001 Optical Cable 10m 1 ack 40G-QSFP- SRA 40GE QSFP+ TO QSFP+ 40GE Direct Attached 1 Year 10/31/ QSFP-C- ACTIVE COPPER QSFP+to QSFP+ Active Warranty 2024 0101 CAB1M Copper cable 1m 1 ack 40G-QSFP- SRA 40GE QSFP+ TO QSFP+ 40GE Direct Attached 1 Year 10/31/ QSFP-C- ACTIVE COPPER QSFP+to QSFP+ Active Warranty 2024 0301 CAB3M Copper cable 3m 1 ack 40G-QSFP- SRA 40GE QSFP+ TO QSFP+ 40GE Direct Attached 1 Year 10/31/ QSFP-C- ACTIVE COPPER QSFP+to QSFP+ Active Warranty 2024 0501 CABSM Copper cable 5m 1 ack 40G-QSFP- SRA 40GB QSFP PASSIVE 40GE Passive Direct 1 Year 10/31/ QSFP-P- DIRECT ATTACH Attached QSFP+to Warranty 2024 0501 CABLESM QSFP+ Active Copper cable 5m 1 ack Attachment D Page 225 of 471 Page 299 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 40G-QSFP- SRA QSFP+ TRANSCEIVER QSFP+ TRANSCEIVER 1 Year 10/31/ SR4-1 (40GBASESR4 (40GBASESR4 Warranty 2024 STANDARD STANDARD 40G-QSFP- SRA 40GASES4 QSFP+ 40GASES4 QSFP+ 1 Year 10/31/ SR4-8 OPTIC 100M MMF optic (MTP 1x8 or 1x12) Warranty 2024 8PACK 100m over MMF 8 ack 40G-QSFP- SRA QSFP+ TRANSCEIVER 40GASES4 QSFP+ 1 Year 10/31/ SR4-INT (10GBASESR optic (MTP 1x8 or 1x12) Warranty 2024 COMPATIBLE 100m over MMF compatible with 10GBASESR 10G breakoutca able 1 ack 40G-QSFP- SRA 40GE SR QSFP+ (LC) 40GE SR QSFP+ optic 1 Year 10/31/ SR-BIDI BIDIRECTIONAL (LC)Bidirectional 100m Warranty 2024 over OM3 MMF 41632B BD 8K BD 890010G24Xc DCB BlackDiamond 8900 1 Year 06/30/ 24 ort 10GASEX SFP+ Warranty 2023 50-16000- WiNG ACCord NEMA 115P AC Line Cord 1.8M 1 Month 182R Wireless ungrounded two wire Warranty NEMA 115P US for Wing power supplies 5014000243 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 1 Month 217R Wireless OVAUSTRALIA 50VAUSTRALIA Warranty Win 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 1 Month 218R Wireless OVJAPAN 50VJAPAN Warranty Win 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 1 Month 219R Wireless OVUK 50VUK Warranty Win 50-16000- WiNG CORDPWR18AWG6A250 CORDPWR18AWG6A25 1 Month 220R Wireless VEUROPE OVEUROPE Warranty Win 50-16000- WiNG CORDPWR18AWGIOAl2 CORDPWR18AWGIOAI 1 Month 221R Wireless 5VUSA 25VUSA Warranty Win 50-16000- WiNG ACCord CEE7/16 AC Line Cord 1.8M 1 Month 255R Wireless ungrounded two wire Warranty CEE7/16 Europe Abu Wing Dhabi Bolivia Dubai Egypt Iran Korea Russia Vietnam For power supply 5014000243R Attachment D Page 226 of 471 Page 300 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 50-16000- WiNG CORDPWR S. KOREA CORDPWR S. KOREA I Month 256R Wireless CONT. EUROPE CEE7 CONT. EUROPE CEE7 Warranty Wing 50-16000- WiNG CORDPWR CHINA CORDPWR CHINA I Month 257R Wireless Warranty Wing 50-16000- WiNG CBL ASSYCS1504 CBL ASSYCS1504 I Month 386R Wireless SERIAL TO USB CONV SERIAL TO USB CONV Warranty Wing 50-16000- WiNG ACCord GB209911996 AC Line Cord 1.8M I Month 664R Wireless ungrounded two wire GB Warranty 209911996 plug Wing Associated Country China For power supply 5014000243R 50-16000- WiNG ACCord AS 3112 AC Line Cord 1.8M I Month 666R Wireless ungrounded two wire AS Warranty 3112 plug Associated Wing Country Australia For pwer supply 5014000243R 50-16000- WiNG CORDACPWR18AWG250 CORDACPWR18AWG2 I Month 669R Wireless VI0AI.8MBLKIN 50VI0A1.8MBLKINDIA Warranty Wing 50-16000- WiNG ACCord BS 1363 AC Line Cord 1.8M I Month 670R Wireless ungrounded two wire BS Warranty 1363 Plug Associated Wing Countries Bermuda Hong Kong Iraq Malaysia Singapore and United Kingdom For power supply 5014000243R 50-16000- WiNG CORDACPWR18AWG250 CORDACPWR18AWG2 I Month 671R Wireless VI0AI.8MBLKITL 50VI0A1.8MBLKITALY Warranty Wing 50-16000- WiNG CORDACPW18AWG250V CORDACPW18AWG250 I Month 672R Wireless 10AI.8MBLKlR VI0AI.8MBLKISRAEL Warranty Wing 50-16000- WiNG CORDACPWR18AWG3 CORDACPWR18AWG3 I Month 727R Wireless PLUGBLKIOABZ PLUGBLKI0ABRAZfJ. Warranty Wing 5601013-D Cables/Co DENMARKCORDSRAFC 0 No nnectivity 13 Warranty 5601013-F Cables/Co BRAZfLCORDNBR 14136 BRAZfi.,CORD,NBR No I nnectivity I 10A C13 1 14136, 10A, C13 I Warranty I Attachment D Page 227 of 471 Page 301 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 5601013-U2 Cables/Co USACORDNEMA 615C13 USA,CORD,NEMA 6- No nnectivity 208250V 15,C13 Warrant 5601313-J Cables/Co JUMPERCORDC14C13 JUMPER,CORD,C14,C1 No nnectivity 3 Warrant 5601313-U1 Cables/Co USACORDNEMA 515C13 USA,CORD,NEMA 5- No nnectivity 151C13 Warranty 1 5601313- Cables/Co USA CORD NEMA USA, CORD,NEMA No U1L5 nnectivit L5/15P C13 3.5 M L5/15P, C13, 3.5 M Warrant 5601513-F Cables/Co BRAZILCORD NBR BRAZIL,CORD NBR No nnectivity 14136 20A C13 14136, 20A, C13 Warrant 5601513-U1 Cables/Co USACORDNEMA 515 USA,CORD,NEMA 5-15, No nnectivity C13 14 AWG C13, 14 AWG Warrant 5602019-AS Cables/Co AUSTRALIACORDAS311 AUSTRALIA,CORD,AS No nnectivity 2C19SHLD 3112,C19,SHLD Warrant 5602019-BS Cables/Co SOUTH SOUTH No nnectivity AFRICACORDSABS AFRICA,CORD,SABS Warranty 164/1 C 19 SHLD 164/1,C 19,SHLD 5602019-CS Cables/Co ARGENTINACORDIRAM ARGENTINA,CORD,IR No nnectivity 2073 C 19 SHLD AM 2073,C 19,SHLD Warrant 5602019-ES Cables/Co EUROPECORDCEE7Cl9S EUROPE,CORD,CEE7,C No nnectivity HLD 191SHLD Warrant 5602019-FS Cables/Co BRAZILCORDNBR 14136 BRAZIL,CORD,NBR No nnectivity 20A C19 SHLD 14136 20A, C19, SHLD Warrant 5602019-J Cables/Co CORD JUMPER C19 C20 CORD, JUMPER, C19, No nnectivity C20 Warrant 5602019-KS Cables/Co UKCORDBS UK,CORD,BS No nnectivity 1363C19SHLD 1363,C19,SHLD Warrant 5602019-SS Cables/Co SWISSCORDSEV1011C19 SWISS,CORD,SEV1011, No nnectivity SHLD C 19,SHLD Warranty 1 5602019- Cables/Co USACORDNEMA USA,CORD,NEMA 5- No USI nnectivity 520C19SBLD 20,C19,SHLD Warrant 5602019- Cables/Co USACORDNEMA USA,CORD,NEMA 6- No US2 nnectivity 620C19SBLD 20,C19,SHLD Warrant 5602019- Cables/Co TWISTLOCK NEMA L615 TWISTLOCK NEMA No US2L6 nnectivity US 220VAC L615 US 220VAC Warrant 5602019- Cables/Co TWISTLOCK NEMA L620 TWISTLOCK NEMA L6- No US2L620 nnectivity US 220VAC 20 US 220VAC Warranty 1 5602019- Cables/Co USACORDNEMA USA,CORD,NEMA 5- No USL1 nnectivity 520C19SBLD 3M 20,C19,SHLD, 3M Warrant 71A- Fixed ETS 7100G FAN MODULE 7100G FAN MODULE 5 Year 05/30/ 71GFAN SPARE SPARE Warranty 2024 71A-EOS- Fixed ETS 7100 ADVANCE 7100 ADVANCE Software 05/30/ ADVL3 ROUTING LICENSE ROUTING LICENSE Warranty 2024 71A-EOS-G- Fixed ETS 710OG ADVANCED 7100G ADVANCED Software 05/30/ ADVL3 ROUTING LICENSE ROUTING LICENSE I Warranty 1 2024 Attachment D Page 228 of 471 Page 302 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 71A-EOS- Fixed ETS 710OG MACSEC 710OG MACSEC Software GMACSEC LICENSE LICENSE Warrant 71A-EOS- Fixed ETS 7100K MAC SEC 7100K MAC SEC Software KMACSEC LICENSE LICENSE Warrant 71A-FAN Fixed ETS 7100 FAN MODULE 7100 FAN MODULE 1 Year 05/30/ SPARE SPARE Warranty 2024 71A-POE-A Fixed ETS 7100G POE POWER 7100G POE POWER 1 Year 05/30/ SUPPLY I/O SIDE SUPPLY I/O SIDE Warranty 2024 EXHAUST EXHAUST 71A-POE-B Fixed ETS 7100G POE POWER 7100G POE POWER 1 Year 05/30/ SUPPLY I/O SIDE SUPPLY I/O SIDE Warranty 2024 INTAKE INTAKE 71A-PS-A Fixed ETS 7100 POWER SUPPLY I/O 7100 POWER SUPPLY 1 Year 05/30/ SIDE AIR EXHAUST UO SIDE AIR EXHAUST Warranty 2024 71A-PS-B Fixed ETS 7100 POWER SUPPLY I/O 7100 POWER SUPPLY 1 Year 05/30/ SIDE AIR INTAKE UO SIDE AIR INTAKE Warranty 2024 71A-RACK- Fixed ETS 7100 UNIVERSAL RACK 1 Year 05/30/ U MOUNT KIT Warranty 2024 71G11K2L2- Fixed ETS 7148GF 48 PORT SFP 2 7148GF 48 PORT SFP 2 Limited 05/30/ 48 SFP+2 QSFP+ SFP+ 2 QSFP+ Lifetime 2024 Warranty with express Advanced Hardware Replacem ent-2 71G2lK2L2- Fixed ETS 7124/24G24 PORT POE 7124/24G 24 PORT POE Limited 05/30/ 24P24 24 SFP 2 SFP+2 QSFP 24 SFP 2 SFP+2 QSFP Lifetime 2024 Warranty with express Advanced Hardware Replacem ent-2 71G2lK2L2- Fixed ETS 7148G 48 PORT POE 2 7148G 48 PORT POE 2 Limited 05/30/ 48P SFP+2 QSFP+ SFP+ 2 QSFP+ Lifetime 2024 Warranty with express Advanced Hardware Replacem ent-2 Attachment D Page 229 of 471 Page 303 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 7111L4-24 Fixed ETS 7124 24 PORTS SFP+ /4 7124 24 PORTS SFP+ / 1 Year 05/30/ 40GIG QSFP+ 4 40GIG QSFP+ Warranty 2024 71K11L4-48 Fixed ETS 7148 48 PORTS SFP+ 7148 48 PORTS SFP+ 1 Year 05/30/ WITH 4 40GIG QSFP+ WITH 4 40GIG QSFP+ Warranty 2024 71K9lL4-24 Fixed ETS 7124T 24 PORTS 7124T 24 PORTS 1 Year 05/30/ IOGBASET W/4 40GIG IOGBASET W/4 40GIG Warranty 2024 QSFP+ QSFP+ 71K9lL4-48 Fixed ETS 7148T 48 PORTS 7148T 48 PORTS 1 Year 05/30/ IOGBASET W/4 40GIG Q IOGBASET W/4 40GIG Warranty 2024 Q 8G-SFP- SRA FUSFPLL8G101P FUSFPLL8G101P 1 Year 10/31/ 000153 KBR KBR Warranty 2024 8G-SFP- SRA FRUSFPSWL8GIPKBR FUSFPSLBGIP 1 Year 10/31/ 000163 Warranty 2024 8G-SFP- SRA FRUSFPSWL8G8PKBR FUSFPSL8G8P 1 Year 10/31/ 000164 Warranty 2024 8G-SFP- SRA FUSFPLL8G108P FUSFPLL8G108P 1 Year 10/31/ 000172 KBR KBR Warranty 2024 8G-SFP- SRA FRUSFP+ELWL8G25KM1 FRUSFP+ELWL8G25K 1 Year 10/31/ 000174 PKBR MIPKBR Warranty 2024 9380010-3M Cables/Co CBL ASSY LC TO LC CBL ASSY, LC TO LC No nnectivity DPLX 10GB MM FBR 3M DPLX, 10GB MM FBR, Warranty 3M 9380011-3M Cables/Co CBL ASSY ST TO LC CBL ASSY, ST TO LC No nnectivity DPLX 10GB MM FBR 3M DPLX, 10GB MM FBR Warranty 3M 9380012-3M Cables/Co CBL ASSY SC TO LC CBL ASSY, SC TO LC No nnectivity DPLX 10GB MM FBR 3M DPLX, 10GB MM FBR, Warranty 3M 9380014-5M Cables/Co CBL MPO 4 LC CBL O- 4 LC No nnectivity DPLXPLENUM10 GB DPLX,PLENUM,10 GB Warranty MM 5M MM, 5M 9380527-3M Cables/Co CBL ASSY LC TO SC CBL ASSY, LC TO SC No nnectivity DPLX 62.5 MM FBR 3M DPLX, 62.5 MM FBR, Warranty 3M 9380528-3M Cables/Co CBL ASSY LC TO ST CBL ASSY, LC TO ST No nnectivity DPLX 62.5 MM FBR 3M DPLX, 62.5 MM FBR, Warranty 3M 9380529-3M Cables/Co CBL ASSY LC TO LC CBL ASSY, LC TO LC No nnectivity DPLX 62.5 MM FBR 3M DPLX, 62.5 MM FBR, Warranty 3M 9380530-3M Cables/Co CBL ASSY LC TO SC CBL ASSY, LC TO SC No nnectivity DPLX SM FBR 3M DPLX, SM FBR, 3M Warrant 9380531-3M Cables/Co CBL ASSY LC TO ST CBL ASSY, LC TO ST No nnectivity DPLX SM FBR 3M DPLX, SM FBR, 3M I Warranty I Attachment D Page 230 of 471 Page 304 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 9380532-3M Cables/Co CBL ASSY LC TO LC CBL ASSY, LC TO LC No nnectivity DPLX SM FBR 3M DPLX, SM FBR, 3M Warrant A41-1124- Fixed L2 HIGH AVAILABILITY 24 HIGH AVAILABILITY Limited 12/31/ 24FX PORT 100BASEFX A4 24 PORT 100BASEFX Lifetime 2022 A4 Warranty with express Advanced Hardware Replacem ent-2 A41-1124-24P Fixed L2 24 PORT 10/100 POE A4 24 PORT 10/100 POE A4 Limited 12/31/ SWITCH SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 A41-1124- Fixed L2 HIGH AVAILABILITY 24 HIGH AVAILABILITY Limited 06/30/ 24TX PORT 10/100 A4 24 PORT 10/100 A4 Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 A41-1124-48 Fixed L2 48 PORT 10/100 A4 48 PORT 10/100 A4 Limited 12/31/ SWITCH SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 A41-1124-48P Fixed L2 48 PORT 10/100 POE A4 48 PORT 10/100 POE A4 Limited 12/31/ SWITCH SWITCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 231 of 471 Page 305 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 A41-1254- Fixed L2 HIGH AVAILABILITY A4 HIGH AVAILABILITY Limited 06/30/ 8F8T W 8TX 8FX A4 W 8TX 8FX Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 AA0020049- EAN PWR CRD 20A/125V POWER CORD 1 Year 06/30/ E6 NEMA 520 NA 20A/125V NEMA 520 Warranty 2022 NORTH AMERICA AA0020050- EAN PWR CRD 15A/250V POWER CORD 1 Year E6 NEMA 615 NA 15A/250V NEMA 615 Warranty NORTH AMERICA AA0020051- EAN PWR CRD 16A/250V POWER CORD 1 Year E6 CEE7/7 EURO 16A/250V CEE7/7 Warranty CONTINENTAL EUROPE AA0020052- EAN PWR CRD 16A/250V POWER CORD 1 Year E6 CEI23 ITALY 16A/250V CEI 2350 S17 Warranty ITALY AA0020053- EAN PWR CRD 16A/250V SI32 POWERCORD 1 Year E6 ISRAEL 16A/250V SI 32 ISRAEL Warrant AA0020054- EAN PWR CRD 15A/250V POWER CORD 1 Year E6 BS546 IND/SAF 15A/250V BS546 INDIA Warranty / SOUTH AFRICA AA0020055- EAN PWR CRD 16A/230V 3PIN POWER CORD 1 Year E6 INTL 16A/230V 3PIN Warranty IEC60309 INTERNATIONAL AA0020056- EAN PWR CRD 20A/250V POWER CORD 1 Year E6 NEMA L620 NA 20A/250V NEMA L620 Warranty TWIST LOCK NORTH AMERICA AA0020057- EAN PWR CRD 15A/250V AS POWERCORD 1 Year E6 3112 AU 15A/250V AS 3112 Warranty AUSTRALIA AA0020058- EAN PWR CRD 13A/230V POWERCORD 1 Year E6 B S 1362 UK/IRE 13A/230V B S 1362 UK Warranty AND IRELAND AA0020059- EAN PWR CRD 16A/250V POWER CORD 1 Year E6 GB 11918 CHINA 16A/250V GB 1191889 Warranty GREATER CHINA Attachment D Page 232 of 471 Page 306 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AA0020060- EAN PWR CRD 15A/250V POWER CORD 1 Year E6 NEMA L615 NA 15A/250V NEMA L615 Warranty TWIST LOCK NORTH AMERICA AA0020062 EAN POWER CORD IEC C 13 POWER CORD 2.5M 1 Year E6 TO NEMA 515P USA 10A IEC C15 TO NEMA Warranty 515 USA AA0020063 EAN POWER CORD IEC C 13 POWER CORD 2.5M 1 Year E6 TO BS1363 UK 10A IEC C13 TO BS1363 Warranty UK AA0020064 EAN POWER CORD IEC C 13 POWER CORD 2.5M 1 Year E6 TO CEE 7/17 EU 10A IEC C13 TO CEE Warranty 7/17 EU AA0020067 EAN POWER CORD IEC C13 POWER CORD IEC C13 1 Year E6 TO IS 1293 INDIA TO IS 1293 INDIA Warrant AA0020068 EAN POWER CORD IEC C 13 POWER CORD 2.5M 10 1 Year E6 TO AS 3112 AUST IEC C13 TO AS 3112 Warrant AA0020069 EAN POWER CORD IEC C 13 POWER CORD 2.5M 1 Year E6 JAPAN TAIWAN 12A IEC C13 TO JIS Warranty 8303 JAPAN CNS10917 TAIWAN AA0020071- EAN POWER CORD IEC C15 POWER CORD 2.5M 1 Year E6 TO BS1363 UK 10A IEC C15 TO BS1363 Warranty UK AA0020072- EAN POWER CORD IEC C 15 POWER CORD 2.5M 1 Year E6 TO CEE 7/17 EU 10A IEC C15 TO CEE Warranty 7/17 EU AA0020073- EAN POWER CORD IEC C15 POWER CORD 2.5 M 1 Year E6 TO JIS C8303 JAPAN 10A IEC C15 TO JIS Warranty C8303 JAPAN AA0020074- EAN POWER CORD IEC C 15 POWER CORD 2.OM 1 Year E6 TO NEMA 515 USA 10A IEC C15 TO NEMA Warranty 515 USA AA0020075- EAN POWER CORD IEC C15 POWER CORD 2.5M 1 Year E6 TO AUS3112 AUS NZ 10A IEC C15 TO Warranty AUS3112 AUS NZ AA0020076- EAN VSP PWR CRD 20A/125V VSP PWR CRD No E6 NEMA 520 NA 20A/125V NEMA 520 Warranty NA AA0020077- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 NEMA 615 NA 15A/250V NEMA 615 Warranty NA AA0020078- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 CEE7/7 EURO 16A/250V CEE7/7 EURO Warrant AA0020079- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 CEI23 ITALY 16A/250V CEI23 ITALY I Warranty I Attachment D Page 233 of 471 Page 307 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AA0020080- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 SI32ISRAEL 16A/250V SI32 ISRAEL Warrant AA0020081- EAN PWR CRD 16A/250V IEC PWR CRD 16A/250V No E6 C19 SAN 1641 SAF IEC C19 SAN 1641 SAF Warrant AA0020082- EAN VSP PWR CRD 16A/23 OV VSP PWR CRD No E6 3PIN INTL 16A/230V 3PIN INTL Warrant AA0020083- EAN VSP PWR CRD 20A/250V VSP PWR CRD No E6 NEMA L620 NA 20A/250V NEMA L620 Warranty NA AA0020084- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 AS 3112 AU 15A/250V AS 3112 AU Warranty AA0020085- EAN VSP PWR CRD 13A/230V VSP PWR CRD No E6 BS1362 UK/IRE 13A/230V BS1362 Warranty UK/IRE AA0020086- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 GB 11918 CHINA 16A/250V GB 11918 Warranty CHINA AA0020087- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 NEMA L615 NA 15A/250V NEMA L615 Warranty NA AA0020094- EAN POWER CORD C15 TO POWER CORD 2.5M 1 Year E6 CNS 10917 TAIWAN IEC C15 TO CNS 10917 Warranty TAIWAN AA0020097- EAN POWER CORD C15 TO POWER CORD C15 TO 1 Year E6 SANS 1641 S. AFRICA SANS 1641 SOUTH Warranty AFRICA AA0020100- EAN POWER CORD C15 TO POWER CORD 2.5M 1 Year E6 NBR 14136 BRAZIL IEC C15 TO NBR 14136 Warranty BRAZIL AA0020101- EAN POWER CORD C13 TO POWER CO 2.5M IEC 1 Year E6 NBR 14136 BRAZIL C13 TO NBR 14136 Warranty BRAZIL AA0020102- EAN POWER CORD C19 TO POWER CORD C19 TO No E6 NBR 14136 BRAZIL NBR 14136 BRAZIL Warrant AA0020103- EAN POWER CORD C15 TO POWER CORD 2.5M 1 Year E6 SEV 1011 SWISS IEC C15 TO SEV 1011 Warranty SWITZERLAND AA0020104- EAN POWER CORD C13 TO POWER CORD 2.5M 1 Year E6 SEV 1011 SWISS IEC C13 TO SEV 1011 Warranty SWITZERLAND AA0020105- EAN POWER CORD C15 TO POWER CORD 2.5M 1 Year E6 CEI 2316 ITALY IEC C15 TO CEI 2316 Warranty ITALY AA0020106- EAN POWER CORD C15 TO POWER CORD 2.5M 1 Year E6 SI32 ISRAEL IEC C15 TO SI32 Warranty ISRAEL Attachment D Page 234 of 471 Page 308 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AA0020107- EAN POWER CORD C13 TO POWER CORD 2.5M 1 Year E6 SI32 ISRAEL IEC C13 TO SI32 Warranty ISRAEL AA0020108- EAN POWER CORD C15 TO POWER CORD C15 TO 1 Year E6 L615P L615P 250V/15A 2.5 Warranty METER TWIST AND LOCK AA0020109- EAN POWER CORD C15 TO POWER CORD 2.5M 1 Year E6 BS546 INDIA IEC C15 TO BS546 Warranty INDIA AA0020110- EAN PWER CORD C15 TO POWER CORD 2.5M 1 Year E6 IRAM 2073 ARGENTINA IEC C15 TO IRAM 2073 Warranty ARGENTINA AA0020112- EAN VSP8608 DC Pwr Cord for VSP8608 DC Pwr Cord No E6 EC8605A02E6 for EC8605A02E6 Warrant AA1403001- EAN XFP LR/LW LAN/WAN 1 PORT 1 Year E5 SM 10KM IOGBASEL W XFP Warranty LAN/WAN SINGLE MODE UPTO10KM AA1403005- EAN XFP SR MMF UPTO 1 PORT 10GBASESR 1 Year E5 300M XFP MULTIMODE Warranty FIBRE UPTO 300M AA1403011- EAN SFP+LR SM I OKM SFP+LR SM I OKM 1 Year E6 Warrant AA1403011- EAN 10GBLR SFP+ SMF UP IOGBASELR(SFP+) 10G 1 Year E6HT TO 10KM (HT 85C) SUPPORTS SMF UP TO Warranty 10KM (HIGHTEMP OC TO 85C AA1403013- EAN SFP+ER SM 10KM SFP+ER SM 10KM 1 Year E6 Warrant AA1403015- EAN SFP+ SR MMF 300M SFP+ SR MMF 300M 1 Year E6 Warrant AA1403015- EAN 10GBSR SFP+MMF UP IOGBASESR(SFP+) 10G 1 Year E6HT TO 300M (HT 85C) SUPPORTS MMF UP TO Warranty 300M (HIGHTEMP OC TO 85C AA1403016- EAN 1PORT 10GE SFP+LONG 1PORT 10GE SFP+ 1 Year E6 REACHZR LONG REACHZR Warrant AA1403017- EAN SFP+LRM MMF SFP+LRM MMF 1 Year E6 220M/300M 220MI300M Warrant AA1403018- EAN SFP+DIRECT ATTACH SFP+DIRECT ATTACH 1 Year E6 CABLE 10M CABLE 10M Warrant AA1403019- EAN SFP+DIRECT ATTACH SFP+DIRECT ATTACH 1 Year E6 ICABLE3M CABLE 3M Warrant AA1403020- EAN SFP+DIRECT ATTACH SFP+DIRECT ATTACH 1 Year E6 CABLE 5M CABLE 5M Warrant Attachment D Page 235 of 471 Page 309 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AA1403022- EAN SFP+DIRECT ATTACH SFP+DIRECT ATTACH 1 Year E6 CABLE 7M CABLE 7M Warrant AA1403043- EAN 10GBaseT SFP+RJ45 10GBaseT SFP+RJ45 1 Year E6 Conn U to 30m Conn U to 30m Warrant AA1403165- EAN 1 PRT CWDM SFP+ 1 PRT CWDM SFP+ 1 Year E6 1550NM 70KM 1550NM 70KM Warrant AA1403169- EAN 10GBX 10km SFP+ 10GBX 10km SFP+ 1 Year E6 T air AA1403170 TX/RX pair AA1403170 Warrant AA1403170- EAN 10GBX 10km SFP+ 10GBX 10km SFP+ 1 Year E6 RX/TX pair AA1403169 RX/TX pair AA1403169 Warrant AA1404001- EAN 40GBASELR4 QSFP+ 40GBASELR4 QSFP+ 1 Year E6 TRANSCEIVER TRANSCEIVER Warrant AA1404002- EAN 40G LM4 QSFP+UP TO 40G LM4 QSFP+UP TO 1 Year E6 80m ON MMF 80m ON MMF Warrant AA1404003- EAN 40GE4 QSFP+ 13 1 Onm 40GE4 QSFP+ 13 1 Onm 1 Year E6 SMF up to 30km SMF up to 30km Warrant AA1404005- EAN 40GSR4/4X10GSR QSFP+ 40GSR4/4X10GSR 1 Year E6 TRANSCEIVER QSFP+ TRANSCEIVER Warrant AA1404006- EAN 40GBASEESR4/4x10GBA 40GBASEESR4/4x10GB 1 Year E6 SESR U to 300m ASESR U to 300m Warrant AA1404028- EAN QSFP+ TO QSFP+ 10M QSFP+ TO QSFP+ 10M 1 Year E6 AOC AOC Warrant AA1404029- EAN QSFP+ TO QSFP+DAC QSFP+ TO QSFP+DAC 1 Year E6 CABLEIM CABLEIM Warrant AA1404030- EAN QSFP+ TO QSFP+DAC QSFP+ TO QSFP+DAC 1 Year E6 2M PASSIVE COPPER 2M PASSIVE COPPER Warrant AA1404031- EAN QSFP+ TO QSFP+DAC QSFP+ TO QSFP+DAC 1 Year E6 CABLE3M CABLE3M Warrant AA1404032- EAN QSFP+ TO QSFP+DAC QSFP+ TO QSFP+DAC 1 Year E6 CABLE5M CABLE5M Warrant AA1404033- EAN QSFP+ TO SFP+DAC QSFP+ TO SFP+DAC 1 Year E6 BREAKOUT CABLE 1M BREAKOUT CABLE 1M Warrant AA1404035- EAN QSFP+ TO SFP+DAC QSFP+ TO SFP+DAC 1 Year E6 BREAKOUT CABLE 3M BREAKOUT CABLE 3M Warrant AA1404036- EAN QSFP+ TO SFP+DAC QSFP+ TO SFP+DAC 1 Year E6 BREAKOUT CABLE 5M BREAKOUT CABLE 5M Warrant AA1404037- EAN QSFP+ TO QSFP+DAC QSFP+ TO QSFP+DAC 1 Year E6 CABLE 0.5M CABLE 0.5M Warrant AA1404041- EAN QSFP+ TO 4SFP+ AOC QSFP+ TO 4SFP+ AOC 1 Year E6 10M ACTIVE 10M ACTIVE Warrant AA1405001- EAN 100GBASELR4 QSFP28 100GBASELR4 QSFP28 1 Year E6 LC Connector LC Connector Warrant AA1405005- EAN 100GBASESR4 QSFP28 100GBASESR4 QSFP28 1 Year E6 O Connector MPO Connector Warrant AA1405029- EAN 100G QSFP28 TO QSFP28 100G QSFP28 TO 1 Year E6 DAC 1M QSFP28 DAC 1M Warrant Attachment D Page 236 of 471 Page 310 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AA1405031- EAN 100G QSFP28 TO QSFP28 100G QSFP28 TO 1 Year E6 DAC 3M QSFP28 DAC 3M Warrant AA1405032- EAN 100G QSFP28 TO QSFP28 100G QSFP28 TO 1 Year E6 DAC 5M QSFP28 DAC 5M Warrant AA1419043- EAN SFP 1000BASET (RJ45) SFP 1000BASET (RJ45) 1 Year E6 Warrant AA1419048- EAN SFP 1000BASESX DDI SFP 1000BASESX DDI 1 Year E6 LC LC Warrant AA1419049- EAN SFP 1000BASELX DDI SFP 1000BASELX DDI 1 Year E6 LC LC Warrant AA1419065- EAN SFP CWDM DDI(LC) SFP CWDM DDI (LC) 1 Year E6 1550NM 70KM 1550NM 70KM Warrant AA1419069- EAN SFP 1000BASEBX (LC) SFP 1000BASEBX(LC) 1 Year E6 1310NM 1310NM Warrant AA1419070- EAN SFP 1000BASEBX (LC) SFP 1000BASEBX(LC) 1 Year E6 1490NM 1490NM Warrant AA1419074- EAN SFP 100BASEFX (LC) 1 PORT 100BASEFX 1 Year E6 SFP LC Warrant AD-CMC-P- WiNG LICENSE CENTRALIZED LICENSE Software 1 Wireless MANAGEMENT CENTRALIZED Warranty CONSOLE MANAGEMENT CONSOLE AD-FERS-P- WiNG LICENSERADIOSH LICENSERADIOSH Software 1 Wireless ADV FORENSICS 1 AP ADV FORENSICS 1 AP Warrant AD-FESN-P- WiNG LICENSE ADV LICENSE ADV Software 1 Wireless FORENSICS FOR ONE FORENSICS FOR ONE Warranty SENSORAD SENSORAD AD-FLRS-P- WiNG LICENSERS WIPS FOR 1 LICENSERS WIPS FOR Software 1 Wireless SENSORADSP 1 SENSORADSP Warrant AD-FLRS-P- WiNG LICENSERS WIPS FOR LICENSERS WIPS FOR Software 100 Wireless 100 SENSORADSP 100 SENSORADSP Warrant AD-FLRS-P- WiNG LICENSERS WIPS FOR LICENSERS WIPS FOR Software 1000 Wireless 1000 SENSORADSP 1000 SENSORADSP Warrant AD-FLRS-P- WiNG LICENSERS WIPS FOR LICENSERS WIPS FOR Software 2000 Wireless 2000 SENSORADSP 2000 SENSORADSP Warrant AD-SNFL-P- WiNG LICENSE WIPS FOR ONE LICENSE WIPS FOR Software 1 Wireless SENSORAIRDEFENSE ONE Warranty SENSORAIRDEFENSE AD-VASN- WiNG LICENSEVULNERABILI LICENSEVULNERABIL Software P-1 Wireless TY ASSESMNT 1 ITY ASSESMNT 1 Warranty SENSOR SENSOR AH3313105 EAN EPM INCREMENTAL EPMINCREMENTAL Software 03/12/ 1000 1000 Warranty 2021 Al- Smart AIDQ04360S AIDQ04360S Dipole 1 Year 043605 OniEdge Omni Array 5.5di/6di Warranty Wireless dual band outdoor with Attachment D Page 237 of 471 Page 311 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. quad feed 36 leads and SMA connectors AL1011001- EAN UNIVERSAL RACK UNIVERSAL RACK 1 Year E6 MOUNT KIT D MOUNT KIT D Warranty ERS48XX ERS55XX ES56XX VSP4000 VSP7000 AL1905005- EAN ES5600 and VSP4000 ES5600 and VSP4000 Limited 12/20/ E5 300W DC P/S 300W DC P/S Lifetime 2030 Warranty with express Advanced Hardware Replacem ent AL19050613- EAN DC PSU 450W ERS5900 DC POWER SUPPLY Limited E6 VSP7000 132F 450W ERS5900 VSP7000 Lifetime BACK TO FRONT AIR Warranty FLOW with express Advanced Hardware Replacem ent AL190506F- EAN DC PSU 450W ERS5900 DC POWER SUPPLY Limited E6 VSP7000 F213 450W ERS5900 VSP7000 Lifetime FRONT TO BACK AIR Warranty FLOW with express Advanced Hardware Replacem ent AL1905A08- EAN 4800GTS/8100 300W AC ERS4800GTS/WLAN810 Limited E5 P/S NO PC 0 300W AC RED PSU Lifetime NO PWR CRD ROHS 6/6 Warranty with express Advanced Hardware Replacem ent AL1905A09- EAN ERS4900 250W PSU NO ERS4900 250W POWER Limited E6 POWER CORD SUPPLY UNIT NO Lifetime POWER CORD Warranty Attachment D Page 238 of 471 Page 312 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. with express Advanced Hardware Replacem ent AL1905A19- EAN ERS4900 1025W PSU NO ERS4900 1025W Limited E6 POWER CORD POWER SUPPLY UNIT Lifetime NO POWER CORD Warranty with express Advanced Hardware Replacem ent AL1905A21- EAN 4800GTSPWR+ 1000W ERS4800GTSPWR+ Limited E6 AC P/S NO PC 1000W AC RED PSU NO Lifetime PWR CRD Warranty with express Advanced Hardware Replacem ent AL1905A313 EAN ERS5900 132F 1400W PSU ERS5900 1400W AC Limited -E6 NO PC PSU 132F NO PC Lifetime Warranty with express Advanced Hardware Replacem ent AL1905A317- EAN ERS5900 17213 1400W PSU ERS5900 1400W AC Limited E6 NO PC PSU 17213 NO PC Lifetime Warranty with express Advanced Hardware Replacem ent AL1905E19- EAN ERS4900 1025W PSU NO ERS4900 1025W Limited E6 PC ERATE POWER SUPPLY UNIT Lifetime NO PWR CORD ERATE Warranty ONLY with Attachment D Page 239 of 471 Page 313 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. express Advanced Hardware Replacem ent AL1905E21- EAN 4800GTSPWR+ 1000W ERS4800GTSPWR+ Limited E6 AC P/S NO PC ERATE 1000W AC RED PSU NO Lifetime PWR CRD ERATE Warranty ONLY with express Advanced Hardware Replacem ent AL1905E3F- EAN ERS5900 F2B 140OW PSU ERS5900 FRONT TO Limited E6 NO PC ERATE BACK 140OW PSU NO Lifetime PWR CORD ERATE Warranty ONLY with express Advanced Hardware Replacem ent AL2011020- EAN DB9 FEM TO RJ45 CONS DB9 FEM TO RJ45 1 Year E6 CON RED CONS CON RED CONV Warranty DB9 M TO RJ45 SERIAL AL2011022- EAN 1.5M 45/DB9 FEM 1.5M 45/DB9 INTEGR 1 Year E6 INTEGR CONS CBL CONS CABLE W DB9 Warranty FEM FOR PC AND RJ45 AL3500A01- EAN ERS 3526T NO PC 3526T 24 10/100 PORTS Limited 06/30/ E6 2 10/100/1000/SFP 2 Lifetime 2023 REAR SFP NO PC Warranty with express Advanced Hardware Replacem ent-2 AL3500A02- EAN 3550T NO PC 3550T 48 10/100 PORTS Limited 06/30/ E6 2 10/100/1000/SFP 2 Rr Lifetime 2023 SFP NO PC Warranty with express Advanced Hardware Attachment D Page 240 of 471 Page 314 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 AL3500A04- EAN ERS 3510GT NO PC 3510GT NO PC Limited E6 Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL3500A05- EAN ERS 3524GT NO PC 3 524G 24 10/100/1000 Limited 06/30/ E6 PORTS 4 SFP 2 REAR Lifetime 2023 SFP NO PC Warranty with express Advanced Hardware Replacem ent-2 AL3500A06- EAN 3549GTS NO PC 3549GTS 48 10/100/1000 Limited 06/30/ E6 PORTS 2 SHARED SFP Lifetime 2023 1 SFP+2 REAR STK NO Warranty PC with express Advanced Hardware Replacem ent-2 AL3500A11- EAN ERS 3526T PWR+NO PC 3526T PWR+ 24 10/100 Limited 06/30/ E6 POE+PORTS 2 Lifetime 2023 10/100/1000/SFP 2 RE Warranty SFP NO PC with express Advanced Hardware Replacem ent-2 AL3500Al2- EAN 3550TPWR+NO PC 3550TPWR+ 48 10/100 Limited 06/30/ E6 POE+PORTS 2 Lifetime 2023 10/100/1000/SFP 2 Rr Warranty SFP NO PC with express Advanced Hardware Attachment D Page 241 of 471 Page 315 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 AL3500A14- EAN ERS 351OGT PWR+NO ERS3510GTPWR+NO Limited E6 PC PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL3500A15- EAN ERS 3524GT PWR+NO 3524GT PWR+ 24 Limited 06/30/ E6 PC 10/100/1000 POE+ Lifetime 2023 PORTS 4 SFP 2 REAR Warranty SFP NO PC with express Advanced Hardware Replacem ent-2 AL3500A16- EAN 3549GTSPWR+NO PC 3549GTSPWR+ 48 Limited 06/30/ E6 10/100/1000 802.3at PoE Lifetime 2023 1 SFP+2 REAR STK NO Warranty PC with express Advanced Hardware Replacem ent-2 AL3511001- EAN ERS 3500 RACK MOUNT 3500 RACK MOUNT 1 Year E6 KIT SPARE Warrant AL3 511002- EAN ERS 3 510 PAIR RACK 3 510 PAIR RACK KIT 1 Year E6 KIT JOIN TWO 3510 Warranty SWITCHES FOR 19 INCH RACK MNT AL3511003- EAN ERS 3510 SINGLE RACK 3510 SINGLE RACK 1 Year E6 KIT KIT TO MOUNT ONE Warranty 3510 SWITCH IN A19 INCH RACK AL3518001- EAN ERS3500 46CM STACK 3500SSC STACK 1 Year E6 CABLE CABLE 46CM (1.5FT) Warranty FOR 3500 SERIES SWITCHES AL3518002- EAN ERS3500 1.5M STACK 3500SSC STACK 1 Year E6 CABLE CABLE 1.5M (5FT)FOR Warranty Attachment D Page 242 of 471 Page 316 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 3500 SERIES SWITCHES AL3518003- EAN ERS3500 3M STACK 3500SSC STACK 1 Year E6 CABLE CABLE 3M (I OFT)FOR Warranty 3500 SERIES SWITCHES AL3600A05- EAN ERS3626GTS NO POWER ERS3626GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL3600A06- EAN ERS3650GTS NO POWER ERS3650GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL3600A15- EAN ERS3626GTSPWR+NO ERS3626GTSPWR+NO Limited E6 POWER CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL3600A16- EAN ERS3650GTSPWR+NO ERS3650GTSPWR+NO Limited E6 POWER CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL3600E16- EAN ERS3650GTSPWR+NO ERS3650GTSPWR+NO Limited E6 PC ERATE PWR CORD ERATE Lifetime ONLY Warranty with Attachment D Page 243 of 471 Page 317 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. express Advanced Hardware Replacem ent-2 AL4516001 EAN ERS4500 ADV LIC (1 ERS4500 ADVANCED Software STACK) LICENSE KIT (1 Warranty SWITCH STACK AL4518001- EAN 4500 SSC CABLE 46CM 4500 SSC HISTACK 1 Year E6 (1FT 5IN CABLE 46CM (1FT 5IN Warrant AL4518002- EAN 4500 SSC CABLE 1 5M 4500 SSC HISTACK 1 Year E6 (5FT) CABLE 1 5M(5FT) Warrant AL4518003- EAN 4500 SSC CABLE 3M 4500 SSC HISTACK 1 Year E6 10FT CABLE 3M (I OFT) Warrant AL4518004- EAN 4500 SSC CABLE 5M 4500 SSC HISTACK 1 Year E6 16FT 4IN CABLE 5M 16FT 41N Warrant AL4800A78- EAN ERS 4850GTS NO PC 4850GTS 48 GIG 2 SFP 2 Limited 06/30/ E6 SFP+PORTS 1 300W Lifetime 2023 NO PC Warranty with express Advanced Hardware Replacem ent-2 AL4800A79- EAN ERS 4826GTS NO PC 4826GTS 24 GIG 2 SFP 2 Limited 06/30/ E6 SFP+PORTS 1 300W Lifetime 2023 NO PC Warranty with express Advanced Hardware Replacem ent-2 AL4800A88- EAN ERS 4850GTSPWR+NO 4850GTSPWR+ 48 GIG Limited 06/30/ E6 PC POE+ 2 SFP 2 SFP+ Lifetime 2023 PORTS I IOOOW NO PC Warranty with express Advanced Hardware Replacem ent-2 AL4800A88- EAN 4850GTS PWR+NO PC 4850GTS POWER PLUS Limited 06/30/ E6GS GSA NO POWER CORD GSA Lifetime 2023 Warranty Attachment D Page 244 of 471 Page 318 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. with express Advanced Hardware Replacem ent-2 AL4800A89- EAN ERS 4826GTSPWR+NO 4826GTSPWR+ 24 GIG Limited 06/30/ E6 PC POE+ 2 SFP 2 SFP+ Lifetime 2023 PORTS I IOOOW NO PC Warranty with express Advanced Hardware Replacem ent-2 AL4800A89- EAN 4826GTS PWR+NO PC 4826GTS POWER PLUS Limited 06/30/ E6GS GSA NO POWER CORD GSA Lifetime 2023 Warranty with express Advanced Hardware Replacem ent-2 AL4800E88- EAN ERS 4850GTSPWR+NO 4850GTSPWR+ 48 GIG Limited 04/08/ E6 PC ERATE POE+ 2 SFP 2 SFP+ Lifetime 2023 PORTS I IOOOW NO Warranty PWR CORD ERATE with ONLY express Advanced Hardware Replacem ent-2 AL4800E89- EAN ERS 4826GTSPWR+NO 4826GTSPWR+ 24 GIG Limited 04/08/ E6 PC ERATE POE+ 2 SFP 2 SFP+ Lifetime 2023 PORTS I IOOOW NO Warranty PWR CORD ERATE with ONLY express Advanced Hardware Replacem ent-2 AL4900A01- EAN ERS4926GTS NO POWER ERS4926GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with Attachment D Page 245 of 471 Page 319 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. express Advanced Hardware Replacem ent-2 AL4900A01- EAN TAA ERS4926GTS NO ERS4926GTS NO Limited E6GS POWER CORD POWER CORD TAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900A02- EAN ERS4926GTSPWR+NO ERS4926GTSPWR+NO Limited E6 POWER CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900A02- EAN TAA ERS4926GTSPWR+ ERS4926GTSPWR+NO Limited E6GS NOPOWERCORD POWERCORDTAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900A03- EAN ERS4950GTS NO POWER ERS4950GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900A03- EAN TAA ERS4950GTS NO ERS4950GTS NO Limited E6GS POWER CORD POWERCORDTAA Lifetime Warranty with express Attachment D Page 246 of 471 Page 320 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Advanced Hardware Replacem ent-2 AL4900A04- EAN ERS4950GTSPWR+NO ERS4950GTSPWR+NO Limited E6 POWER CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900A04- EAN TAA ERS4950GTSPWR+ ERS4950GTSPWR+NO Limited E6GS NOPOWERCORD POWERCORDTAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900E02- EAN ERS4926GTSPWR+NO ERS4926GTSPWR+ Limited E6 PC ERATE BASE SW LICENSE Lifetime 1025W POWER SUPPLY Warranty NO PWR CORD ERATE with ONLY express Advanced Hardware Replacem ent-2 AL4900E02- EAN ED SPEC 4950GTS ERS4926GTSPWR+NA Limited E6ED RESTR NA PWR POWER CORD (EDUC) Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900E04- EAN ERS4950GTSPWR+NO ERS4950GTSPWR+ Limited E6 PC ERATE BASE SW LICENSE Lifetime 1025W POWER SUPPLY Warranty NO PWR CORD ERATE with ONLY express Advanced Attachment D Page 247 of 471 Page 321 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Hardware Replacem ent-2 AL4900E04- EAN ED SPEC 4950GTSPWR ERS4950GTSPWR+NA Limited E6ED RESTR NA PWR POWER CORD (EDUC) Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL59000113- EAN ERS5928GTS DC PSU ERS5928GTS 450W DC Limited E6 FANS BACK TO FRONT POWER SUPPLY FANS Lifetime BACK TO FRONT AIR Warranty FLOW with express Advanced Hardware Replacem ent-2 AL590001F- EAN ERS5928GTS DC PSU ERS5928GTS 450W DC Limited E6 FANS FRONT TO BACK POWER SUPPLY FANS Lifetime FRONT TO BACK AIR Warranty FLOW with express Advanced Hardware Replacem ent-2 AL59000313- EAN ERS5952GTS DC PSU ERS5952GTS 450W DC Limited E6 FANS BACK TO FRONT POWER SUPPLY FANS Lifetime BACK TO FRONT AIR Warranty FLOW with express Advanced Hardware Replacem ent-2 AL59000317- EAN ERS5952GTS DC PSU ERS5952GTS 450W DC Limited E6 FANS FRONT TO BACK POWER SUPPLY FANS Lifetime FRONT TO BACK AIR Warranty FLOW with express Advanced Hardware Attachment D Page 248 of 471 Page 322 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 AL59000513- EAN ERS59100GTS DC PSU ERS59100GTS 450W DC Limited E6 FANS B TO F POWER SUPPLY FANS Lifetime BACK TO FRONT AIR Warranty FLOW with express Advanced Hardware Replacem ent-2 AL590005F- EAN ERS59100GTS DC PSU ERS59100GTS 450W DC Limited E6 FANS F TO B POWER SUPPLY FANS Lifetime FRONT TO BACK AIR Warranty FLOW with express Advanced Hardware Replacem ent-2 AL5900AlB EAN ERS5928GTS 132F 450W ERS5928GTS 132F NO Limited -E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900AIF- EAN ERS5928GTS F213 450W ERS5928GTS F213 NO Limited E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A2B EAN ERS5928GTSPWR+13217 ERS5928GTSPWR+13217 Limited 06/30/ -E6 1400W PSU NO PC NO PC Lifetime 2023 Warranty with express Advanced Hardware Attachment D Page 249 of 471 Page 323 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 AL5900A2F- EAN ERS5928GTSPWR+F2B ERS5928GTSPWR+F2B Limited 06/30/ E6 140OW PSU NO PC NO PC Lifetime 2023 Warranty with express Advanced Hardware Replacem ent-2 AL5900A3B EAN ERS5952GTS B2F 450W ERS5952GTS B2F NO Limited -E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A3F- EAN ERS5952GTS F2B 450W ERS5952GTS F2B NO Limited E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A4B EAN ERS5952GTSPWR+B2F ERS5952GTSPWR+B2F Limited -E6 140OW PSU NO PC NO PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A4F- EAN ERS5952GTSPWR+F2B ERS5952GTSPWR+F2B Limited E6 140OW PSU NO PC NO PC Lifetime Warranty with express Advanced Hardware Attachment D Page 250 of 471 Page 324 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 AL5900A5B EAN ERS59100GTS B2F 450W ERS59100GTS B2F NO Limited -E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A5B EAN TAA ERS59100GTS BTF ERS59100GTS BTF Limited -EGGS 450W PSU NO PC 450W PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A5F- EAN ERS59100GTS F2B 450W ERS59100GTS F2B NO Limited E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A5F- EAN TAA ERS59100GTS FTB ERS59100GTS FTB Limited E6GS 450W PSU NO PC 450W PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A6B EAN ERS59100GTSPWR+B2F ERS59100GTSPWR+ Limited -E6 1400W PSU NO PC B2F NO PC Lifetime Warranty with express Advanced Hardware Attachment D Page 251 of 471 Page 325 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 AL5900A6B EAN TAA ERS59100GTSPWR+ ERS59100GTSPWR+ Limited -EGGS BTF PSU NO PC BTF PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A6F- EAN ERS59100GTSPWR+F2B ERS59100GTSPWR+ Limited E6 1400W PSU NO PC F2B NO PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A6F- EAN TAA ERS59100GTSPWR+ ERS59100GTSPWR+ Limited E6GS FTB PSU NO PC FTB PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A7B EAN ERS5928GTSUPWR B2F ERS5928GTSUPWR B2F Limited -E6 1400W PSU NO PC 1400W PSU NO PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A7B EAN TAA ERS5928GTSUPWR ERS5928GTSUPWR Limited -EGGS BTF PSU NO PC BTF PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Attachment D Page 252 of 471 Page 326 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 AL5900A7F- EAN ERS5928GTSUPWR F213 ERS5928GTSUPWR F213 Limited E6 1400W PSU NO PC 1400W PSU NO PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A7F- EAN TAA ERS5928GTSUPWR ERS5928GTSUPWR Limited E6GS FTB PSU NO PC FTB PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A9B EAN TAA ERS5928MTS ERS5928MTSUPWR Limited -EGGS 1400W B to F NO PC 132F 1400W PSU NO PC Lifetime TAA Warranty with express Advanced Hardware Replacem ent-2 AL5900A9F- EAN TAA ERS5928MTS ERS5928MTSUPWR Limited E6GS 1400W F TO B NO PC F213 1400W PSU NO PC Lifetime TAA Warranty with express Advanced Hardware Replacem ent-2 AL5900BTF EAN ERS5900 13217 FAN TRAY ERS5900 FAN TRAY Limited -E6 KIT 13217 Lifetime Warranty with express Advanced Hardware Attachment D Page 253 of 471 Page 327 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 AL5900E1B- EAN TAA ERS5928GTS 132F TAA ETHERNET Limited E6GS 450W PSU NA PC ROUTING SWITCH Lifetime 5928GTS 24 10/100/1000 Warranty 4 SFP+PORTS with INCLUDES BASE express SOFTWARE LICENSE Advanced 132F AIRFLOW 1 450W Hardware PSU AA0020074E6 Replacem POWER CORD ent-2 AL5900E1F- EAN TAA ERS5928GTS F213 TAA ETHERNET Limited E6GS 450W PSU NA PC ROUTING SWITCH Lifetime 5928GTS 24 10/100/1000 Warranty 4 SFP+PORTS with INCLUDES BASE express SOFTWARE LICENSE Advanced F213 AIRFLOW 1 450W Hardware PSU AA0020074E6 Replacem POWER CORD ent-2 AL5900E3B- EAN TAA ERS5952GTS 132F TAA ETHERNET Limited E6GS 450W PSU NA PC ROUTING SWITCH Lifetime 5952GTS 48 10/100/1000 Warranty 4 SFP+PORTS with INCLUDES BASE express SOFTWARE LICENSE Advanced 132F AIRFLOW 1 450W Hardware PSU AA0020074E6 Replacem POWER CORD ent-2 AL5900E3F- EAN TAA ERS5952GTS F213 TAA ETHERNET Limited E6GS 450W PSU NA PC ROUTING SWITCH Lifetime 5952GTS 48 10/100/1000 Warranty 4 SFP+PORTS with INCLUDES BASE express SOFTWARE LICENSE Advanced F213 AIRFLOW 1 450W Hardware PSU AA0020074E6 Replacem POWER CORD ent-2 AL5900E4B- EAN TAA ERS5952GTSPWR+ TAA ETHERNET Limited E6GS 132F 1400W NA PC ROUTING SWITCH Lifetime 5952GTS 48 10/100/1000 Warranty 802.3AT P + 4 SFP+ with PORTS INCLUDES express BASE SOFTWARE Advanced LICENSE 132F Hardware AIRFLOW 1 1400W Attachment D Page 254 of 471 Page 328 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AA0020108E6 POWER Replacem CORD ent-2 AL5900E4F- EAN ERS5952GTSPWR+F213 ERS5952GTSPWR+ Limited E6 1400W NO PC ERATE BASE SW LICENSE Lifetime FRONT TO BACK Warranty 1400W NO PWR CORD with ERATE ONLY express Advanced Hardware Replacem ent-2 AL5900E4F- EAN TAA ERS5952GTSPWR+ TAA ETHERNET Limited E6GS F213 1400W NA PC ROUTING SWITCH Lifetime 5952GTS 48 10/100/1000 Warranty 802.3AT PWR+ 4 SFP+ with PORTS INCLUDES express BASE SOFTWARE Advanced LICENSE F213 Hardware AIRFLOW 1 1400W Replacem AA0020108E6 POWER ent-2 CORD AL5900E6F- EAN ERS 59100GTSPWR+F213 ERS59100GTSPWR+ Limited E6 NO PC ERATE F213 1400W NO PC Lifetime ERATE ONLY Warranty with express Advanced Hardware Replacem ent-2 AL5900FTB EAN ERS5900 F213 FAN TRAY ERS5900 FAN TRAY Limited -E6 KIT F213 Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5911001- EAN ERS49005900 FOUR FOUR POST RACK 1 Year E6 POST RACK MOUNT MOUNT KIT FOR Warranty ERS4900 ERS5900 VSP7000 Attachment D Page 255 of 471 Page 329 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AL7000AOB EAN VSP 7000 AC PSU 132F VSP 7000 AC POWER Limited -E6 NO PC SUPPLY BACK2FRONT Lifetime COOLING(NO PC) Warranty with express Advanced Hardware Replacem ent AL7000AOF- EAN VSP 7000 AC PSU F213 VSP 7000 AC POWER Limited E6 NO PC SUPPLY FRONT213ACK Lifetime COOLING(NO PC) Warranty with express Advanced Hardware Replacem ent AL7000AlB EAN VSP 7000 DC PSU 132F VSP 7000 DC POWER Limited -E6 SUPPLY BACK2FRONT Lifetime COOLING Warranty with express Advanced Hardware Replacem ent AL7000A1F- EAN VSP 7000 DC PSU F213 VSP 7000 DC POWER Limited E6 SUPPLY FRONT213ACK Lifetime COOLING Warranty with express Advanced Hardware Replacem ent AP505i-FCC Smart AP505iFCC Cloudready Dual Radio Limited OmniEdge 802.11ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor 11ax Warranty access point. Internal Wing Antenna Domain US Puerto Rico and Colombia AP505i- Smart AP505iFCCTAA Cloudready Dual Radio Limited FCC-TAA OmniEdge 802.11ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor 11ax Warranty access point. Internal I Win Attachment D Page 256 of 471 Page 330 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Antenna Domain US Puerto Rico and Colombia TAA Compliant AP505i-WR Smart AP505iWR Cloudready Dual Radio Limited OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor I I ax Warranty access point. Internal Wing AntennaDomain EMEA and Rest Of World AP510e-FCC Smart AP510eFCC Cloudready Dual 5GHz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor 11 ax access point with external antenna ports. Domain US Puerto Rico and Colombia. AP5 I Oe- Smart AP510eFCCTAA Cloudready Dual 5GHz Limited FCC-TAA OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor 11 ax access point with external antenna ports. Domain US Puerto Rico and Colombia TAA Compliant. AP5 I Oe-WR Smart AP510eWR Cloudready Dual 5GHz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor 11 ax access point with external antenna ports. Domain EMEA and Rest Of World. AP510i-FCC Smart AP510iFCC Cloudready Dual 5GHz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor 11 ax access point. Internal Antenna Domain US Puerto Rico and Colombia Attachment D Page 257 of 471 Page 331 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP510i- Smart AP510iFCCTAA Cloudready Dual 5GHz Limited FCC-TAA OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor 11 ax access point. Internal Antenna Domain US Puerto Rico and Colombia . TAA Compliant AP510i-WR Smart AP5 I OiWR Cloudready Dual 5GHz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor 11 ax access point. Internal Antenna Domain EMEA and Rest Of World AP560h- Smart AP560hFCC Cloudready Dual 5GHz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal 30deg/70deg Panel Antenna Domain US and Colombia AP560h-WR Smart AP560hWR Cloudready Dual 5GHz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal 30deg/70deg Panel Antenna Domain Canada EMEA and Singapore AP560i-FCC Smart AP560iFCC Cloudready Dual 5GHz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal Antenna Domain US and Colombia AP560i-WR Smart AP560iWR Cloudready Dual 5GHz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio Attachment D Page 258 of 471 Page 332 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 802.11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal Antenna Domain Canada EMEA and Singapore AP560m- Smart AP560mFCC Cloudready Dual 5GHz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal Antenna+Mounting Kit (p/n KT 14740702) Domain US and Colombia AP560t-FCC Smart AP560tFCC Cloudready Dual 5GHz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal 30deg/70deg Panel Antenna+Mounting Kit (p/n 30520 WSMBOPOLEOI MBOART02)Domain US and Colombia AP560u- Smart AP560uFCC Cloudready Dual 5GHz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal Antenna+Underseat Mounting Kit (p/n 30524 WSE1002 E1003) Domain US and Colombia AP-6511- WiNG AP6511 802.1 IN AP6511 802.1 IN Limited 07/13/ 60010-EU Wireless ETHERNET ETHERNET Lifetime 2022 WALLPLATEEU WALLPLATEEU Warranty Wing AP-6511- WiNG AP6511 802.1 IN AP6511802.11N Limited 03/01/ 60010-WR Wireless ETHERNET ETHERNET Lifetime 2021 WALLPLATE WR WALLPLATE WR Warranty I Wing I Attachment D Page 259 of 471 Page 333 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP651 IE- WiNG AP 6511 EXPRESS AP 6511E SS Limited 04/13/ 60010- Wireless 802.11N AP INT ANT WR 802.11N AP INT ANT Lifetime 2022 APME WR Warranty Wing AP-6511E- WiNG AP6511 11N ET AP6511 11N ETBERNET Limited 07/13/ 60010-EU Wireless WALLPLATE AP EU WALLPLATE AP EU Lifetime 2022 ONLY Warranty Wing AP-6511E- WiNG AP6511 11N ET AP6511 11N ETBERNET Limited 04/13/ 60010-WR Wireless WALLPLATE AP WR WALLPLATE AP WR Lifetime 2022 ONLY Warranty Wing AP-6521- WiNG 6521802.1IN INDEP 6521802.1IN INDEP Limited 04/13/ 60010-EU Wireless I RAD INT ANT EU I RAD INT ANT EU Lifetime 2022 Warranty Wing AP-6521- WiNG 6521802.1IN INDEP 6521802.1IN INDEP Limited 04/13/ 60010-IL Wireless I RAD INT ANT H, IRAD INT ANT IL Lifetime 2022 Warranty Wing AP-6521- WiNG AP6521 802.11N SNGL 802.11N INDEPENDENT Limited 07/13/ 60010-US Wireless RADIO INT ANT US ACCESS POINT Lifetime 2022 SINGLE RADIO Warranty INTERNAL ANTENNA Wing VERSION. AP-6521- WiNG AP6521 802.11N SNGL 802.11N INDEPENDENT Limited 04/13/ 60010-WR Wireless RADIO INT ANT WR ACCESS POINT Lifetime 2022 SINGLE RADIO Warranty INTERNAL ANTENNA Wing VERSION. AP-6521- WiNG 6521802.1IN INDEP 6521802.1IN INDEP Limited 04/13/ 60020-EU Wireless I RAD EXT ANTEU I RAD EXT ANTEU Lifetime 2022 Warranty Wing AP-6521- WiNG AP6521 802.11N SNGL 802.11N INDEPENDENT Limited 07/13/ 60020-US Wireless RADIO EXT ANT US ACCESS POINT Lifetime 2022 SINGLE RADIO Warranty EXTERNAL ANTENNA Wing VERSION. AP-6521- WiNG AP6521 802.11N SNGL 802.11N INDEPENDENT Limited 04/13/ 60020-WR Wireless RADIO EXT ANT WR ACCESS POINT Lifetime 2022 SINGLE RADIO Warranty EXTERNAL ANTENNA Wing VERSION. Attachment D Page 260 of 471 Page 334 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP6521E- WiNG AP 6521 EXPRESS AP 6521E SS Limited 04/13/ 60010- Wireless 802.11N AP INT ANT WR 802.11N AP INT ANT Lifetime 2022 APME WR Warranty Wing AP-6521E- WiNG AP6521 11N INTERNAL AP6521 11N INTERNAL Limited 04/13/ 60010-EU Wireless ANTAP I RADIO EU ANTENNA AP I RADIO Lifetime 2022 EU ONLY Warranty Wing AP-6521E- WiNG AP6521 11N INTERNAL AP6521 11N INTERNAL Limited 04/13/ 60010-US Wireless ANTAP I RADIO US ANTENNA AP I RADIO Lifetime 2022 US ONLY Warranty Wing AP-6521E- WiNG AP6521 11N INTERNAL AP6521 11N INTERNAL Limited 04/13/ 60010-WR Wireless ANTAP I RADIO WR ANTENNA AP I RADIO Lifetime 2022 WR ONLY Warranty Wing AP6521E- WiNG AP 6521 EXPRESS AP 6521E SS Limited 07/13/ 60020- Wireless 802.11N AP EXT ANT 802.11N AP EXT ANT Lifetime 2022 APME WR WR Warranty Wing AP-6521E- WiNG AP6521 11N EXTERNAL AP6521 11N Limited 04/13/ 60020-EU Wireless ANTAP I RADIO EU EXTERNAL ANTENNA Lifetime 2022 AP I RADIO EU ONLY Warranty Wing AP-6521E- WiNG AP6521 11N EXTERNAL AP6521 11N Limited 04/13/ 60020-US Wireless ANTAP I RADIO US EXTERNAL ANTENNA Lifetime 2022 AP I RADIO US ONLY Warranty Wing AP-6521E- WiNG AP6521 11N EXTERNAL AP6521 11N Limited 04/13/ 60020-WR Wireless ANTAP I RADIO WR EXTERNAL ANTENNA Lifetime 2022 AP I RADIO WR ONLY Warranty Wing AP-6522- WING PORTABLE AP US PORTABLE AP US I Year 01/31/ 66003P-US Wireless BATTERY POWERED BATTERY POWERED Warranty 2024 Wing AP-6522- WING PORTABLE AP US PORTABLE AP US I Year 04/29/ 66003PW- Wireless BATTERY POWERED BATTERY POWERED Warranty 2024 US CUSTOM CUSTOM Wing AP-6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030-EU Wireless 2RAD INT ANTEU 2RAD INT ANTEU Lifetime 2023 Warranty Wing AP-6522- WiNG 6522802.1IN INDEP 6522802.1IN INDEP Limited 03/30/ 66030-IL Wireless 2RAD INT ANT 11, 2RAD INT ANT IL Lifetime 2023 Warranty I Wing I Attachment D Page 261 of 471 Page 335 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-6522- WiNG 6522802.1IN INDEP 6522802.1IN INDEP Limited 03/30/ 66030-US Wireless 2RAD INT ANT 2RAD INT ANT Lifetime 2023 Warranty Wing AP-6522- WiNG 6522802.1IN INDEP 6522802.1IN INDEP Limited 03/30/ 66030-WR Wireless 2RAD INT ANT 2RAD INT ANT Lifetime 2023 Warranty Wing AP-6522- WiNG 6522802.1IN INDEP 6522802.1IN INDEP Limited 03/30/ 66040-EU Wireless 2RAD EXT ANTEU 2RAD EXT ANTEU Lifetime 2023 Warranty Wing AP-6522- WiNG 6522802.1IN INDEP 6522802.1IN INDEP Limited 03/30/ 66040-US Wireless 2RAD EXT ANT 2RAD EXT ANT Lifetime 2023 Warranty Wing AP-6522- WiNG 6522802.1IN INDEP 6522802.1IN INDEP Limited 03/30/ 66040-WR Wireless 2RAD EXT ANT 2RAD EXT ANT Lifetime 2023 Warranty Wing AP6522E- WiNG AP 6522 EXPRESS AP 6522E SS Limited 03/30/ 66030- Wireless 802.11N AP INT ANT WR 802.11N AP INT ANT Lifetime 2023 APME WR Warranty Wing AP-6522E- WiNG AP6522 11N INTERNAL AP6522 11N INTERNAL Limited 03/30/ 66030-EU Wireless ANTAP 2 RADIO EU ANTENNA AP 2 RADIO Lifetime 2023 EU ONLY Warranty Wing AP-6522E- WiNG AP6522 11N INTERNAL AP6522 11N INTERNAL Limited 03/30/ 66030-US Wireless ANTAP 2 RADIO US ANTENNA AP 2 RADIO Lifetime 2023 US ONLY Warranty Wing AP-6522E- WiNG AP6522 11N INTERNAL AP6522 11N INTERNAL Limited 03/30/ 66030-WR Wireless ANTAP 2 RADIO WR ANTENNA AP 2 RADIO Lifetime 2023 WR ONLY Warranty Wing AP6522E- WiNG AP 6522 EXPRESS AP 6522E SS Limited 03/30/ 66040- Wireless 802.11N AP EXT ANT 802.11N AP EXT ANT Lifetime 2023 APME WR WR Warranty Wing AP-6522E- WiNG AP6522 11N EXTERNAL AP6522 11N Limited 03/30/ 66040-EU Wireless ANTAP 2 RADIO EU EXTERNAL ANTENNA Lifetime 2023 AP 2 RADIO EU ONLY Warranty I Wing I Attachment D Page 262 of 471 Page 336 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-6522E- WiNG AP6522 11N EXTERNAL AP6522 11N Limited 03/30/ 66040-US Wireless ANTAP 2 RADIO US EXTERNAL ANTENNA Lifetime 2023 AP 2 RADIO US ONLY Warranty Wing AP-6522E- WiNG AP6522 11N EXTERNAL AP6522 11N Limited 03/30/ 66040-WR Wireless ANTAP 2 RADIO WR EXTERNAL ANTENNA Lifetime 2023 AP 2 RADIO WR ONLY Warranty Wing AP-6522- WiNG AP6522 EXT ANTNX9000 AP 6522 EXT Limited 03/30/ WM-Mx- Wireless LICCORD ANT ANTENNA WITH Lifetime 2023 FRZ NX9000 LIC POE AC Warranty LINE CORD AND Wing ML2452BPA6M6072 ANTENNA AP-6532- WiNG 6532802.1IN INDEP 6532802.1IN INDEP Limited 04/13/ 66030-WR Wireless 2RADIO INT ANT 2RADIO INT ANT Lifetime 2022 Warranty Wing AP-6532- WiNG 6532802.1IN INDEP 6532802.1IN INDEP Limited 04/13/ 66040-WR Wireless 2RADIO EXT ANT 2RADIO EXT ANT Lifetime 2022 Warranty Wing AP-6562- WiNG AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66030-EU Wireless 802.11N AP INT ANT EU 802.11N AP INT ANT Warranty 2023 EU Wing AP-6562- WiNG AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66030-IL Wireless 802.11N AP INT ANT IL 802.11N AP INT ANT IL Warranty 2023 Wing AP-6562- WiNG AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66030-US Wireless 802.11N AP INT ANT US 802.11N AP INT ANT Warranty 2023 US Wing AP-6562- WiNG AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66030-WR Wireless 802.11N AP INT ANT WR 802.11N AP INT ANT Warranty 2023 WR Wing AP-6562- WiNG AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66040-EU Wireless 802.11N AP EXT ANT EU 802.11N AP EXT ANT Warranty 2023 EU Wing AP-6562- WiNG AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66040-US Wireless 802.11N AP EXT ANT US 802.11N AP EXT ANT Warranty 2023 US Wing AP-6562- WiNG AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66040-WR Wireless 802.11N AP EXT ANT 802.11N AP EXT ANT Warranty 2023 WR WR Wing AP-6562- WiNG AP6562 802.11N ACCESS I Year 03/30/ 6604J-IL Wireless OUTDOOR EXT ANT IL POINTAP6562OUTDOO Warranty 2023 Wing Attachment D Page 263 of 471 Page 337 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. R 802.11N AP EXT ANT IL AP6562E- WiNG AP 6562 EXPRESS AP 6562E SS I Year 03/30/ 66030- Wireless 802.11N AP INT ANT WR 802.11N AP INT ANT Warranty 2023 APME WR Wing AP-6562E- WiNG AP6562 11N INT. ANT. AP6562 11N INT. ANT. I Year 03/30/ 66030-EU Wireless OUT AP 2 RADIO EU OUTDOOR AP 2 RADIO Warranty 2023 EU ONLY Wing AP-6562E- WiNG AP6562 11N INT. ANT. AP6562 11N INT. ANT. I Year 03/30/ 66030-US Wireless OUT AP 2 RADIO US OUTDOOR AP 2 RADIO Warranty 2023 US ONLY Wing AP-6562E- WiNG AP6562 11N INT. ANT. AP6562 11N INT. ANT. I Year 03/30/ 66030-WR Wireless OUT AP 2 RADIO WR OUTDOOR AP 2 RADIO Warranty 2023 WR ONLY Wing AP6562E- WiNG AP 6562 EXPRESS AP 6562E SS I Year 03/30/ 66040- Wireless 802.11N AP EXT ANT 802.11N AP EXT ANT Warranty 2023 APME WR WR Wing AP-6562E- WiNG AP6562 11N EXT. ANT. AP6562 11N EXT. ANT. I Year 03/30/ 66040-EU Wireless OUT AP 2 RADIO EU OUTDOOR AP 2 RADIO Warranty 2023 EU ONLY Wing AP-6562E- WiNG AP6562 11N EXT. ANT. AP6562 11N EXT. ANT. I Year 03/30/ 66040-US Wireless OUT AP 2 RADIO US OUTDOOR AP 2 RADIO Warranty 2023 US ONLY Wing AP-6562E- WiNG AP6562 11N EXT. ANT. AP6562 11N EXT. ANT. I Year 03/30/ 66040-WR Wireless OUT AP 2 RADIO WR OUTDOOR AP 2 RADIO Warranty 2023 WR ONLY Wing AP-7161- WiNG AP7161OUTDOOR AP7161OUTDOOR I Year 03/01/ 66040-WR Wireless 802.11N AP INTL 802.11N AP INTL Warranty 2021 Wing AP-7161- WiNG AP7161 OUT 802.11N AP7161 OUTDOOR I Year 03/01/ 66540-JP Wireless 802.11J W SENSOR JP DUAL RADIO 802.11N Warranty 2021 AND 802.11J WITH Wing SENSOR FOR JAPAN ONLY (JP) AP-7161- WiNG AP7161OUTDOOR AP7161OUTDOOR I Year 03/01/ 66540-WR Wireless 802.11N AP W/SENSOR 802.11N AP W/SENSOR Warranty 2021 INTL INTL Wing AP-7502- WiNG AP 7502 WALLPLATE AP 7502 WALLPLATE Limited 03/30/ 67030- Wireless I I AC AP INT ANT APME 802.1 IAC AP INT ANT Lifetime 2023 APME APME Warranty Wing AP-7502- WiNG WALLPLATE 802.1 IAC WALLPLATE 802.1 IAC Limited 03/30/ 67030-EU Wireless DUAL RADIO AP. EU DUAL RADIO AP. EU Lifetime 2023 Warranty I Wing I Attachment D Page 264 of 471 Page 338 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-7502- WiNG WALLPLATE WALLPLATE Limited 03/30/ 67030-IL Wireless 802.11 ABGN/AC AP 802.11 AB GN/AC DUAL Lifetime 2023 WITH TRIM H, RADIO AP WITH Warranty AESTHTETIC TRIM. Wing ISRAEL AP-7502- WiNG WALLPLATE 802.1 1AC WALLPLATE 802.1 1AC Limited 67030-US Wireless DUAL RADIO AP. US DUAL RADIO AP. US Lifetime Warranty Wing AP-7502- WiNG WALLPLATE 802.1 1AC WALLPLATE 802.1 1AC Limited 03/30/ 67030-WR Wireless DUAL RADIO AP WR DUAL RADIO AP WR Lifetime 2023 Warranty Wing AP7502E- WiNG AP7502E SS AP 7502E SS Limited 03/30/ 67030- Wireless 802.1 1AC INT ANT 802.1 1AC AP INT ANT Lifetime 2023 APME APME APME Warranty Wing AP-7502E- WiNG WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030-EU Wireless RADIO I IAC. EXPRESS. RADIO I I AC. Lifetime 2023 EU EXPRESS. EU Warranty Wing AP-7502E- WiNG WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030-US Wireless RADIO I IAC. EXPRESS. RADIO I I AC. Lifetime 2023 US EXPRESS. US Warranty Wing AP-7502E- WiNG WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030-WR Wireless RADIO I IAC. EXPRESS. RADIO I I AC. Lifetime 2023 WR EXPRESS. WR Warranty Wing AP-7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 67030-1-WR Wireless 802.1 1AC AP INT ANT 802.1 1AC AP INT ANT Lifetime WR WR Extreme Warranty Wing AP-7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67030-EU Wireless 802.1 1AC AP INT ANT 802.1 1AC AP INT ANT Lifetime 2023 EU EU Warranty Wing AP-7522- WiNG AP7522 2R IO AP 7522 DUAL RADIO Limited 03/30/ 67030-EU-B Wireless 802.1 1AC INTEU 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POINT Warranty INTERNAL ANTENNA Wing (EU SKU). INCLUDED IN KIT IS A AP 7522 BEAM CLIP Attachment D Page 265 of 471 Page 339 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 67030-US Wireless 802.1 1AC AP INT ANT 802.1 1AC AP INT ANT Lifetime US us Warranty Wing AP-7522- WiNG AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67030-US-B Wireless 2X22 MIMO INT ANT US 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POINT Warranty INTERNAL ANTENNA Wing (US SKU). INCLUDED IN KIT IS AN AP 7522 BEAM CLIP AP-7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67030-WR Wireless 802.11 AC AP INT ANT 802.11 AC AP INT ANT Lifetime 2023 WR WR Warranty Wing AP-7522- WiNG AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67030-WR-B Wireless 2X22 MIMO INT ANT 802.1 1AC 2X22 MIMO Lifetime 2022 WR ACCESS POINT Warranty INTERNAL ANTENNA Wing (WR SKU). INCLUDED IN KIT IS AN AP 7522 BEAM CLIP AP-7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 67040-1-WR Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime WR WR Extreme Warranty Wing AP-7522- WiNG AP7522 INDOOR AP 7522 INDOOR Limited 04/02/ 67040- Wireless 802.1 1AC EXT ANT 802.1 1AC AP EXT ANT Lifetime 2023 APME APME APME Warranty Wing AP-7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67040-EU Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime 2023 EU EU Warranty Wing AP-7522- WiNG AP7522 2 RADIO AP 7522 DUAL RADIO Limited 03/30/ 67040-EU-B Wireless 802.1 1AC EXT ANTEU 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POINT Warranty EXTERNAL ANTENNA Wing (EU SKU). THE ANTENNAS ON AP 7522 EXTERNAL ANTENNA SKU ARE DIPLEX ANTENNA PORTS. AP 7522 EXTERNAL SKU Attachment D Page 266 of 471 Page 340 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. REQUIRES 3 DUAL BANDED AP-7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 67040-US Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime US us Warranty Wing AP-7522- WiNG AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67040-US-B Wireless 2X22 MIMO EXT ANT US 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POINT Warranty EXTERNAL ANTENNA Wing (US SKU). THE ANTENNAS ON AP 7522 EXTERNAL ANTENNA SKU ARE DIPLEX ANTENNA PORTS. AP 7522 EXTERNAL SKU REQUIRES 3 DUAL BANDEDINCL UDED IN KIT IS AN AP 7522 BEAM CLIP AP-7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67040-WR Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime 2023 WR WR Warranty Wing AP-7522- WiNG AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67040-WR-B Wireless 2X22 MIMO EXT ANT 802.1 1AC 2X22 MIMO Lifetime 2022 WR ACCESS POINT Warranty EXTERNAL ANTENNA Wing (WR SKU). THE ANTENNAS ON AP 7522 EXTERNAL ANTENNA SKU ARE DIPLEX ANTENNA PORTS. AP 7522 EXTERNAL SKU REQUIRES 3 DUAL BANDED. INCLUDED IN KIT IS AN AP 7522 BEAM CLIP AP7522E- WiNG AP7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030- Wireless 802.1 1AC INT ANT 802.1 1AC AP INT ANT Lifetime 2023 APME APME APME Warranty I Wing I I Attachment D Page 267 of 471 Page 341 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-7522E- WiNG AP7522E DUAL I IAC AP 7522E DUAL RADIO Limited 04/17/ 67030-EU Wireless 2X22 MIMO INT ANTEU 802.1 1AC 2X22 MIMO Lifetime 2023 ACCESS POINT Warranty INTERNAL ANTENNA Wing (EU SKU) WING EXPRESS AP-7522E- WiNG AP 7522 EXPRESS AP 7522E SS Limited 04/17/ 67030-US Wireless 802.1 1AC AP INT ANT 802.1 1AC AP INT ANT Lifetime 2023 US us Warranty Wing AP-7522E- WiNG AP 7522 EXPRESS AP 7522E SS Limited 04/17/ 67030-WR Wireless 802.1 1AC AP INT ANT 802.1 1AC AP INT ANT Lifetime 2023 WR WR Warranty Wing AP7522E- WiNG AP7522E SS AP 7522E SS Limited 04/17/ 67040- Wireless 802.1 1AC EXT ANT 802.1 1AC AP EXT ANT Lifetime 2023 APME APME APME Warranty Wing AP-7522E- WiNG AP7522E DUAL I IAC AP 7522E DUAL RADIO Limited 04/17/ 67040-EU Wireless 2X22 MIMO EXT ANT 802.1 1AC 2X22 MIMO Lifetime 2023 EU ACCESS POINT Warranty EXTERNAL ANTENNA Wing (EU SKU) WING EXPRESS AP-7522E- WiNG AP 7522 EXPRESS AP 7522E SS Limited 04/17/ 67040-US Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime 2023 US us Warranty Wing AP-7522E- WiNG AP 7522 EXPRESS AP 7522E SS Limited 04/17/ 67040-WR Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime 2023 WR WR Warranty Wing AP-7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67030-1-WR Wireless 802.1 1AC AP INT ANT 802.1 1AC AP INT ANT Lifetime WR WR Extreme Warranty Wing AP-7532- WiNG AP7532 INDOOR AP 7532 INDOOR Limited 04/02/ 67030- Wireless 802.1 1AC AP INT ANT 802.11 AC AP INT ANT Lifetime 2023 APME APME APME Warranty Wing AP-7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67030-EG Wireless 802.1 1AC AP INT ANT 802.1 1AC AP INT ANT Lifetime EG Domain Egypt Warranty I Wing I I Attachment D Page 268 of 471 Page 342 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67030-EU Wireless 802.1 1AC AP INT ANT 802.1 1AC AP INT ANT Lifetime 2023 EU EU Warranty Wing AP-7532- WiNG AP7532 2 RADIO AP 7532 DUAL RADIO Limited 03/30/ 67030-EU-B Wireless 802.1 1AC INT ANTEU 802.1 IAC 3X33 MIMO Lifetime 2022 ACCESS POINT Warranty INTERNAL ANTENNA Wing (EU SKU) INCLUDED IN KIT IS A AP 7532 BEAM CLIP AP-7532- WiNG AP7532 DUAL RADIO AP 7532 DUAL RADIO Limited 67030-IL Wireless I IAC INT ANT IL 802.1 IAC 3X33 MIMO Lifetime ACCESS POINT Warranty INTERNAL ANTENNA Wing (ISRAEL SKU) AP-7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67030-US Wireless 802.1 1AC AP INT ANT 802.1 1AC AP INT ANT Lifetime US us Warranty Wing AP-7532- WiNG AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 67030-US-B Wireless 3X33 MIMO INT ANT US 802.1 IAC 3X33 MIMO Lifetime ACCESS POINT Warranty INTERNAL ANTENNA Wing (US SKU) INCLUDED IN KIT IS AN AP 7532 BEAM CLIP AP-7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67030-WR Wireless 802.1 1AC AP INT ANT 802.1 1AC AP INT ANT Lifetime 2023 WR WR Warranty Wing AP-7532- WiNG AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 03/30/ 67030-WR-B Wireless 3X33 MIMO INT ANT 802.1 IAC 3X33 MIMO Lifetime 2022 WR ACCESS POINT Warranty INTERNAL ANTENNA Wing (WR SKU) INCLUDED IN KIT IS AN AP 7532 BEAM CLIP AP-7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67040-1-WR Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime WR WR Extreme Warranty Wing AP-7532- WiNG AP7532 INDOOR AP 7532 INDOOR Limited 04/02/ 67040- Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime 2023 APME APME APME Warranty I I Wing I Attachment D Page 269 of 471 Page 343 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67040-EG Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP INT ANT Lifetime EG Domain Egypt Warranty Wing AP-7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67040-EU Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime 2023 EU EU Warranty Wing AP-7532- WiNG AP 7532 DUAL RADIO AP 7532 DUAL RADIO Limited 03/30/ 67040-EU-B Wireless 802.1 1AC EXT ANTEU 802.1 IAC 3X33 MIMO Lifetime 2022 ACCESS POINT Warranty EXTERNAL ANTENNA Wing (EU SKU). THE ANTENNAS ON AP 7532 EXTERNAL ANTENNA SKU ARE DIPLEX ANTENNA PORTS. AP 7532 EXTERNAL SKU REQUIRES 3 DUAL BANDED AP-7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67040-US Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime US us Warranty Wing AP-7532- WiNG AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 67040-US-B Wireless 3X33 MIMO EXT ANT US 802.1 IAC 3X33 MIMO Lifetime ACCESS POINT Warranty EXTERNAL ANTENNA Wing (US SKU). THE ANTENNAS ON AP 7532 EXTERNAL ANTENNA SKU ARE DIPLEX ANTENNA PORTS. AP 7532 EXTERNAL SKU REQUIRES 3 DUAL BANDEDINCL UDED IN KIT IS AN AP 7532 BEAM CLIP AP-7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67040-WR Wireless 802.1 1AC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime 2023 WR WR Warranty I Wing I I Attachment D Page 270 of 471 Page 344 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-7532- WING AP7532 DUAL 11AC AP 7532 DUAL RADIO Limited 03/30/ 67040-WR-B Wireless 3 X3 3 MIMO EXT ANT 802.1 IAC 3X33 MIMO Lifetime 2022 WR ACCESS POINT Warranty EXTERNAL ANTENNA Wing (WR SKU). THE ANTENNAS ON AP 7532 EXTERNAL ANTENNA SKU ARE DIPLEX ANTENNA PORTS. AP 7532 EXTERNAL SKU REQUIRES 3 DUAL BANDED. INCLED IN KIT IS AN AP 7532 BEAM CLIP AP-7562- WiNG AP7562 OUTDOOR AP 7562 DUAL RADIO 1 Year 670042-1- Wireless MIMO ANT INSTALLED 802.1 IAC 3X33 MIMO Warranty WR WR OUTDOOR ACCESS Wing POINT ANTENNA INSTALLED AT FACTORY WR Extreme AP-7562- WiNG AP7562 DUAL RADIO AP 7562 DUAL RADIO 1 Year 04/02/ 670042APM Wireless 802.1 IAC 3X33IO 802.1 IAC 3X33 MIMO Warranty 2023 E OUT OUTDOOR ACCESS Wing POINT ANTENNA ( ME GION) ANTENNA INSTALLED ATFACTORY AP-7562- WING AP7562 OUTDOOR AP 7562 DUAL RADIO 1 Year 07/28/ 670042-EU Wireless MIMO ANT INSTALLED 802.1 IAC 3X33 MIMO Warranty 2023 EU OUTDOOR ACCESS Wing POINT ANTENNA INSTALLED AT FACTORY EU AP-7562- WING AP7562 OUTDOOR AP 7562 DUAL RADIO 1 Year 670042-IL Wireless MIMO ANT INSTALLED 802.1 IAC 3X33 MIMO Warranty IL OUTDOOR ACCESS Wing POINT ANTENNA INSTALLED AT FACTORY IL (ISRAEL) AP-7562- WiNG AP7562 OUTDOOR AP 7562 DUAL RADIO 1 Year 670042-US Wireless MIMO ANT INSTALLED 802.1 IAC 3X33 MIMO Warranty US OUTDOOR ACCESS Wing POINT ANTENNA INSTALLED AT FACTORY US Attachment D Page 271 of 471 Page 345 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-7562- WING AP7562 OUTDOOR AP 7562 DUAL RADIO 1 Year 07/28/ 670042-WR Wireless MIMO ANT INSTALLED 802.1 IAC 3X33 MIMO Warranty 2023 WR OUTDOOR ACCESS Wing POINT ANTENNA INSTALLED AT FACTORY WR AP-7562- WING AP7562 802.1 IAC OUT 802.11 AC OUTDOOR 1 Year 67040-1-WR Wireless DL RADIO EXT ANT WR IP67 DUAL RADIO Warranty EXTERNAL Wing ANTENNAS WR Extreme AP-7562- WiNG AP7562 802.1 IAC OUT 802.11 AC OUTDOOR 1 Year 07/28/ 67040-EU Wireless DL RADIO EXT ANT EU IP67 DUAL RADIO Warranty 2023 EXTERNAL Wing ANTENNAS EU AP-7562- WING AP7562 802.1 IAC OUT 802.11 AC OUTDOOR 1 Year 67040-US Wireless DL RADIO EXT ANT US IP67 DUAL RADIO Warranty EXTERNAL Wing ANTENNAS US AP-7562- WING AP7562 802.1 IAC OUT 802.11 AC OUTDOOR 1 Year 07/28/ 67040-WR Wireless DL RADIO EXT ANT WR IP67 DUAL RADIO Warranty 2023 EXTERNAL Wing ANTENNAS WR AP-7562- WING AP7562 DUAL 11AC OUT AP 7562 DUAL RADIO 1 Year 6704M-1- Wireless EXTANT M12 WR 802.1 IAC 3X33 MIMO Warranty WR OUTDOOR ACCESS Wing POINT EXTERNAL ANTENNA (WR SKU) M12 CONNECTOR VERSION Extreme AP-7562- WiNG AP7562 DUAL 11AC OUT AP 7562 DUAL RADIO 1 Year 07/28/ 6704M-EU Wireless EXT ANT EU M12 802.1 IAC 3X33 MIMO Warranty 2023 OUTDOOR ACCESS Wing POINT EXTERNAL ANTENNA (EU SKU) M12 CONNECTOR VERSION AP-7562- WING AP7562 DUAL 11AC OUT AP 7562 DUAL RADIO 1 Year 6704M-US Wireless EXT ANT US M12 802.1 IAC 3X33 MIMO Warranty OUTDOOR ACCESS Wing POINT EXTERNAL ANTENNA (US SKU) M12 CONNECTOR VERSION Attachment D Page 272 of 471 Page 346 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-7562- WiNG AP7562 DUAL 802.1 IAC AP 7562 DUAL RADIO I Year 07/28/ 6704M-WR Wireless 3X33 MIMO OUT M12 802.1 IAC 3X33 MIMO Warranty 2023 OUTDOOR ACCESS Wing POINT EXTERNAL ANTENNA (WR SKU) M12 CONNECTOR VERSION AP-7602- WiNG AP7602 802.11 AC PLATE 802.1 1AC WALLPLATE Limited 681330-1-WR Wireless WEDGEINT ANT WR WEDGE AP DUAL AND Lifetime RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing INTERNAL ANTENNA I XGE(WR SKU) Extreme AP-7602- WiNG AP7602 802.11 AC PLATE 802.1 1AC WALLPLATE Limited 07/28/ 681330-EU Wireless WEDGEINT ANT EU WEDGE AP DUAL AND Lifetime 2023 RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing INTERNAL ANTENNA I XGE(EU SKU) AP-7602- WiNG AP7602 802.11 AC PLATE AP7602 802.11 AC Limited 681330-H, Wireless WEDGEINT ANT IL PLATE WEDGEINT Lifetime ANT Domain Israel Warranty Wing AP-7602- WiNG AP7602 802.11 AC PLATE 802.1 1AC WALLPLATE Limited 681330-US Wireless WEDGEINT ANT US WEDGE AP DUAL AND Lifetime RADIO IXI OR SINGLE Warranty BAND RADIO Wing 2X2.INTERNAL ANTENNA IXGE (US SKU) AP-7602- WiNG AP7602 802.11 AC PLATE 802.1 1AC WALLPLATE Limited 07/28/ 681330-WR Wireless WEDGEINT ANT WR WEDGE AP DUAL AND Lifetime 2023 RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing INTERNAL ANTENNA I XGE(WR SKU) AP-7622- WiNG AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 681330-1-WR Wireless DL/SNG INT ANT I XGE RADIO IXI OR Lifetime WR SINGLE BAND RADIO Warranty 2X2 INTERNAL Wing ANTENNA BLE I XGE (WR SKU)Extreme AP-7622- WiNG AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 07/28/ 681330-EU Wireless DL/SNG INT ANT I XGE RADIO IXI OR Lifetime 2023 EU SINGLE BAND RADIO Attachment D Page 273 of 471 Page 347 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 2X2 INTERNAL Warranty ANTENNA BLE I XGE Wing (EU SKU) AP-7622- WiNG AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 68B30-US Wireless DL/SNG INT ANT I XGE RADIO IXI OR Lifetime US SINGLE BAND RADIO Warranty 2X2 INTERNAL Wing ANTENNA BLE I XGE (US SKU) AP-7622- WiNG AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 07/28/ 68B30-WR Wireless DL/SNG INT ANT I XGE RADIO IXI OR Lifetime 2023 WR SINGLE BAND RADIO Warranty 2X2 INTERNAL Wing ANTENNA BLE I XGE (WR SKU) AP-7632- WiNG AP7632680B30TN WiNG 802.11 ac Indoor Limited 680B30-TN Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgn internal Wing antenna Domain Tunisia AP-8122- WiNG AP8122 INDOOR 802.11N AP8122 INDOOR Limited 04/13/ 66030-EU Wireless AP INT ANT EU 802.11N AP INT ANT Lifetime 2022 EU Warranty Wing AP-8132- WiNG AP8132 2 I 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040-EU Wireless MIMOEU MIMOEU Lifetime 2022 Warranty Wing AP-8132- WiNG AP8132 2 I 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040-US Wireless MIMOUS MIMOUS Lifetime 2022 Warranty Wing AP-8132- WiNG AP8132 2 I 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040-WR Wireless MIMOWR MIMOWR Lifetime 2022 Warranty Wing AP-8163- WiNG AP8163 OUTDOOR AP8163 OUTDOOR I Year 66540-1-WR Wireless 802.11N AP EXTWIPS 802.11N AP EXTERNAL Warranty WR ANTENNAWIPS WR Wing Extreme AP-8163- WiNG AP8163 OUTDOOR AP8163 OUTDOOR I Year 07/28/ 66540-EU Wireless 802.11N AP EXTWIPS EU 802.11N AP EXTWIPS Warranty 2023 EU Wing AP-8163- WiNG AP8163 OUTDOOR AP8163 OUTDOOR I Year 66540-US Wireless 802.11N AP EXTWIPS US 802.11N AP EXTWIPS Warranty US Wing Attachment D Page 274 of 471 Page 348 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-8163- WING AP8163 OUTDOOR AP8163 OUTDOOR I Year 07/28/ 66540-WR Wireless 802.11N AP EXTWIPS 802.11N AP EXTWIPS Warranty 2023 WR WR Wing AP-8232- WiNG AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040-EU Wireless 2RAD EXT ANT EU 2RAD EXT ANT EU Lifetime 2022 Warranty Wing AP-8232- WiNG AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040-US Wireless 2RAD EXT ANT US 2RAD EXT ANT US Lifetime 2022 Warranty Wing AP-8232- WiNG AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040-WR Wireless 2RAD EXT ANT WR 2RAD EXT ANT WR Lifetime 2022 Warranty Wing AP-8432- WiNG AP8432 I IAC DUAL INT AP8432 802.11AC Limited 680B30-1- Wireless ANT2GPOE WR MUMIMODUAL RADIO Lifetime WR BAND UNLOCKED Warranty BLE INTERNAL Wing ANTENNA POE OUT USB 2GE WR Extreme AP-8432- WiNG AP843 802.1 IAC DL INT 802.1 1AC Limited 07/28/ 680B30-EU Wireless ANT2GPOE EU MUMIMODUAL RADIO Lifetime 2023 BAND UNLOCKED Warranty BLE INTERNAL Wing ANTENNA POE OUT USB 2GE INTERNAL ANTENNA EU AP-8432- WiNG AP8432 I IAC DUAL INT 802.1 1AC WAVE2DUAL Limited 680B30-US Wireless ANT 2GPOE US RADIO BAND Lifetime UNLOCKED BLE Warranty INTERNAL ANTENNA Wing POE OUT USB 2GE INTERNAL ANTENNA US AP-8432- WiNG AP843 802.1 IAC DL INT 802.1 1AC Limited 07/28/ 680B30-WR Wireless ANT2GPOE WR MUMIMODUAL RADIO Lifetime 2023 BAND UNLOCKED Warranty BLE INTERNAL Wing ANTENNA POE OUT USB 2GE INTERNAL ANTENNA WR AP-8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.1lac Limited 68SB30-1- Wireless INT ANT 2XGE WR MUMIMO TRI RADIO Lifetime WR INTERNAL ANTENNA Warranty 2XGE WR Extreme I Wing I I Attachment D Page 275 of 471 Page 349 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-8533- WiNG AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 07/28/ 68SB30-EU Wireless INT ANT 2XGE EU 802.1 1AC MUMIMO Lifetime 2023 ACCESS POINT Warranty DEDICATED SENSOR Wing BLE INTERNAL ANTENNA 2XGE EU VERSION AP-8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.1lac Limited 68SB30-IL Wireless INT ANT 2XGE IL MUMIMO TRI Lifetime RADIOINTERNAL Warranty ANTENNA 2XGE H, Wing Extreme AP-8533- WiNG AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 68SB30-US Wireless INT ANT 2XGE US 802.1 1AC MUMIMO Lifetime ACCESS POINT Warranty DEDICATED SENSOR Wing BLEINTERNAL ANTENNA 2XGE US VERSION AP-8533- WiNG AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 07/28/ 68SB30-WR Wireless INT ANT 2XGE WR 802.1 1AC MUMIMO Lifetime 2023 ACCESS POINT Warranty DEDICATED SENSOR Wing BLE INTERNAL ANTENNA 2XGE INTERNATIONAL VERION WR AP-8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.1lac Limited 68SB40-1- Wireless EXT ANT 2XGE WR MUMIMO TRI RADIO Lifetime WR EXTERNAL ANTENNA Warranty 2XGE WR Extreme Wing AP-8533- WiNG AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 07/28/ 68SB40-EU Wireless EXT ANT 2XGE EU 802.1 1AC MUMIMO Lifetime 2023 ACCESS POINT Warranty DEDICATED SENSOR Wing BLE EXTERNAL ANTENNA 2XGE EU VERSION AP-8533- WiNG AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 68SB40-US Wireless EXT ANT 2XGE US 802.1 1AC MUMIMO Lifetime ACCESS POINT Warranty DEDICATED SENSOR Wing BLE EXTERNAL ANTENNA 2XGE US VERSION Attachment D Page 276 of 471 Page 350 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. AP-8533- WiNG AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 07/28/ 68SB40-WR Wireless EXT ANT 2XGE WR 802.1 1AC MUMIMO Lifetime 2023 ACCESS POINT Warranty DEDICATED SENSOR Wing BLE EXTERNAL ANTENNA 2XGE INTERNATIONAL VERION WR AP-PSBIAS- WING OUTDOOR POE OUTDOOR IP66 I Year 7161-US Wireless INJECTOR US 802.3AT GIGABIT Warranty ETHERNET POWER Wing INJECTOR 100240 VAC US 135G124-24 Fixed L2 B5 STK 24X3SPD+4SFP B5 STK 24X3 SPD+4SFP Limited 06/30/ Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5GI24-24- Fixed L2 B5 STK B5 STK Limited 06/30/ G 24X3SPD+4SFPTAA 24X3SPD+4SFPTAA Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5GI24- Fixed L2 B5 STK B5 STK Limited 06/30/ 24P2 24X3SPDATPOE+4SFP 24X3SPDATPOE+4SFP Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5GI24- Fixed L2 B5 STK B5 STK Limited 06/30/ 24P2-G 24X3SPDATPOE+4SFPT 24X3SPDATPOE+4SFPT Lifetime 2022 AA AA Warranty with express Advanced Attachment D Page 277 of 471 Page 351 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Hardware Replacem ent-2 B5GI24-48 Fixed L2 B5 STK 48X3SPD+4SFP B5 STK 48X3 SPD+4SFP Limited 06/30/ Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5GI24-48- Fixed L2 B5 STK B5 STK Limited 06/30/ G 48X3SPD+4SFPTAA 48X3SPD+4SFPTAA Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5GI24- Fixed L2 B5 STK B5 STK Limited 06/30/ 48P2 48X3SPDATPOE+4SFP 48X3SPDATPOE+4SFP Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5GI24- Fixed L2 B5 STK B5 STK Limited 06/30/ 48P2-G 48X3SPDATPOE+4SFPT 48X3SPDATPOE+4SFPT Lifetime 2022 AA AA Warranty with express Advanced Hardware Replacem ent-2 B5KI25-24 Fixed L2 B5 STK B5 STK Limited 06/30/ 24X3SPD+2SFPPLUS 24X3SPD+2SFPPLUS Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 278 of 471 Page 352 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 B5K125-24- Fixed L2 B5 STK B5 STK Limited 06/30/ G 24X3SP +2SFPPLUSTAA 24X3SP +2SFPPLUSTA Lifetime 2022 A Warranty with express Advanced Hardware Replacem ent-2 B5K125- Fixed L2 B5 STK B5 STK Limited 06/30/ 24P2 24X3SPATPOE+2SFPPL 24X3SPATPOE+2SFPP Lifetime 2022 US LUS Warranty with express Advanced Hardware Replacem ent-2 B5K125- Fixed L2 B5 STK B5 STK Limited 06/30/ 24P2-G 24X3SPATPOE+2SFPPL 24X3SPATPOE+2SFPP Lifetime 2022 USTAA LUSTAA Warranty with express Advanced Hardware Replacem ent-2 B5K125-48 Fixed L2 B5 STK B5 STK Limited 06/30/ 48X3SP +2SFPPLUS 48X3SP +2SFPPLUS Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5K125-48- Fixed L2 B5 STK B5 STK Limited 06/30/ G 48X3SP +2SFPPLUSTAA 48X3SP +2SFPPLUSTA Lifetime 2022 A Warranty with express Advanced Hardware Attachment D Page 279 of 471 Page 353 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 B5KI25- Fixed L2 B5 STK B5 STK Limited 06/30/ 48P2 48X3SPD+2SFPPLUS 48X3SPD+2SFPPLUS Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5KI25- Fixed L2 B5 STK B5 STK Limited 06/30/ 48P2-G 48X3SPD+2SFPPLUSTAA 48X3SPD+2SFPPLUSTA Lifetime 2022 A Warranty with express Advanced Hardware Replacem ent-2 B5K-24- Fixed L2 QTY 8 BUNDLE OF Limited 06/30/ BUN B5KI2524 Lifetime 2020 Warranty with express Advanced Hardware Replacem ent B5K-48- Fixed L2 QTY 8 BUNDLE OF Limited 06/30/ BUN B5KI2548 Lifetime 2020 Warranty with express Advanced Hardware Replacem ent BR-6910- SRA 12 P GE COM[BONO AC Brocade 691012 x I GbE I Year 02/28/ EAS-H-AC POWER CORD90TO260V combination copper Warranty 2023 10/100/1000 BaseT (RJ45)OR 100/1000 BaseX SFP portsredundant AC power supplytemperature hardened Attachment D Page 280 of 471 Page 354 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. BR-6910- SRA 12 P GE COMBO W/ Brocade 691012 x 1 GbE 1 Year 02/28/ EAS-H-DC DUAL DC POWER combination copper Warranty 2023 20TO60V 10/100/1000 BaseT (RJ45)OR 100/1000 BaseX SFP portsredundant DC power supplytemperature hardened BR-BFO- SRA BFO APPLICATION 200G Brocade Flow Optimizer Software LRG PERPETUAL Application Perpetual Warranty License for up to 200G traffic management ca abilit BR-BFO- SRA BFO APPLICATION 20G Brocade Flow Optimizer Software SML PERPETUAL Application Perpetual Warranty License for up to 20G traffic management capability. BR-CER- SRA CER 2024C4XRT1 500W Brocade CER2024C4XRT 1 Year 2024C-4X- ACBASE SW includes24 RJ45 portsof Warranty RT-AC 10/100/1000Mbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of 10Gigabit Ethernet SFP+ 500W AC power supply ( S9) and BASE software. Uses XNICE2000FAN BR-CER- SRA CER 2024C4XRT1 500W Brocade CER2024C4XRT 1 Year 2024C-4X- DCBASE SW includes24 RJ45 portsof Warranty RT-DC 10/100/1000Mbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of 10Gigabit Ethernet SFP+ 500W DC power supply ( S9DC) and BASE software. Uses XNICE2000FAN BR-CER- SRA CER 2024F4XRT1 500W Brocade CER2024F4XRT 1 Year 2024F-4X- ACBASE SW includes24 SFP ports of Warranty RT-AC 100/100OMbps Ethernet with 4 combination Attachment D Page 281 of 471 Page 355 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 45/SFPGigabit Ethernet with 4 fixedports of 10Gigabit Ethernet SFP+ 50OW AC power supply ( S9) and BASE software. Uses XNICE2000FAN BR-CER- SRA CER 2024F4XRT1 50OW Brocade CER2024F4XRT 1 Year 2024F-4X- DCBASE SW includes24 SFP ports of Warranty RT-DC 100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of 10Gigabit Ethernet SFP+ 50OW DC power supply ( S9DC) and BASE software. Uses XNICE2000FAN BR-CES- SRA CES 2024C4X1 50OW Brocade CES 2024C4X 1 Year 10/27/ 2024C-4X- ACBASE SW includes 24 RJ45 ports of Warranty 2023 AC 10/100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SFP+ 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR-CES- SRA CES 2024C4X1 50OW Brocade CES2024C4X 1 Year 10/27/ 2024C-4X- DCBASE SW includes24 RJ45 portsof Warranty 2023 DC 10/100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet Ports 4 fixedports of 10Gigabit Ethernet SFP+ 50OW DC power supply ( S9DC) and BASE software. Uses XNICE2000FAN BR-CES- SRA CES 2024F4X1 50OW Brocade CES 2024F4X 1 Year 10/27/ 2024F-4X- ACBASE SW includes 24 SFP ports of Warranty 2023 AC 100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Attachment D Page 282 of 471 Page 356 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SFP+ 500W AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR-CES- SRA CES 2024F4X1 500W Brocade CES 2024F4X 1 Year 10/27/ 2024F-4X- DCBASE SW includes 24 SFP ports of Warranty 2023 DC 100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SFP+ 500W DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BRKT- WiNG BEAM CLIP for Mounting BEAM CLIP for 1 Month 000147A-01 Wireless Plate Mounting Plate Warranty Win B T- WING AP75327522 BRCKT AP 7532 AP 7522 1 Month 000167A-01 Wireless ADAPTER WALL BRACKET ADAPTER Warranty MOUNT FOR WALL MOUNT Win BR-MLX- SRA MLXE 1PORT 100GBE 100GbE Iport module Software 100GX1- LIC UPG TO 2PORT license upgrade TO 2ports Warranty 2PUPG ON a MLXe BR-MLX- SRA MLX 2PORT 100GBE(M) Brocade MLXe two 1 Year 100GX2- CFP2 MODULE. SUPP (2)port 100GbE(M) Warranty CFP2-M module with IPv4/IPv6/MPLS hardware support. Requires CFP2 optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR-MLX- SRA MLX 2PORT 100GE Brocade MLXe two 1 Year 100GX2- (X2) CFP2 MODULE. S (2)port 100GbE(X2) Warranty CFP2-X2 module with IPv4/IPv6/MPLS hardware support. Requires CFP2 optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or simultaneous 1.5M IPv4 and 1M IPv6 routes Attachment D Page 283 of 471 Page 357 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. in FIB. Requires high speed switch fabric module BR-MLX- SRA MLXEIOPOT MLX SOFTWARE Software 10GX10- 1GBE/IOGBE LIC UPG LICENSE TO UPGRADE Warranty 20PUPG TO 20P FROM 10 PORT (X2) TO 20 PORT IOG/IG COMBO MODULE. BR-MLX- SRA 10X1/10GESFP+BLADE MLX IOPORT 1 Year 10GX10-X2 X2 IOGBE/1GBE(X2) SFP+ Warranty AND SFP COMBO MODULE WITH EXTENDED ROUTE TABLE SUPPORT UP TO 2M IPV4 AND 800 V6 ROUTES IN HARDWARE. MACSEC ENABLED. UPGRADEABLETO 20XIOGX2 USING ADDITIONAL SOFTWARE LICENSE. BR-MLX- SRA MLX 20PORT Brocade MLXe twenty I Year IOGX20-M 10GBE/1GBE(M) (20)port 10GBE/1GBE Warranty COMBO MODULE (M) combo module with IPv4/IPv6/MPLS hardware support. Requires SFP+ and SFP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR-MLX- SRA MLX 20PORT Brocade MLXe twenty I Year 10GX20-X2 10GBE/1GBE(X2) (20)port 10GBE/1GBE Warranty COMBO MODUL (X2) combo module with IPv4/IPv6/MPLS hardware support. Requires SFP+ and SFP optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or simultaneous 1.5M IPv4 and 1M IPv6 routes in FIB. Requires hSFM. Attachment D Page 284 of 471 Page 358 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. BR-MLX- SRA MLX 24PORT I OGBE Brocade MLXe twenty I Year 10/27/ I0GX24-DM MODULEW/MPLS four (24)port IOGbE Warranty 2023 SUPPORT (DM) module with IPv4/IPv6/MPLS capabilities. Requires SFPP optics. Supports 256K IPv4 routes in FIB. BR-MLX- SRA MLX 4PORT I OGBE AND Brocade MLXe eight port I Year I0GX4- 4PORT I GBE (M) IP (4port IOGBE and 4port Warranty IPSEC-M I GBE) (M) IP Security (IPSEC) module with fPv4/lPv6/VRF hardware support. Requires SFP+ and SFP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR-MLX- SRA XMR/MLXE 4PORT XMR/MLXe four(4)port I Year 10/27/ I0GX4-X I OGBE (X) XFP MODULE I OGbE (X) module with Warranty 2023 IPv4/IPv6/MPLS hardware supportrequires XFP optics. Supports IM IPv4 routes in FIB. BR-MLX- SRA XMR/MLXE 4PORT MLX/MLXe four(4)port I Year 10/27/ I0GX4-X- I OGBE (ML) XFP I OGbE (ML) module with Warranty 2023 ML MODULE IPv4/IPv6/MPLS hardware supportrequires XFP optics. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR-MLX- SRA MLX 4PORT I OGBE MLX 4PORT I OGBE Software I0GX4- LICENSE UPGD TO (X) LICENSE UPGD TO (X) Warranty XUPG BR-MLX- SRA XMR/MLXE SPORT MLXe/XMR eight(8)port I Year 10/27/ I0GX8-X I OGBE (X) SFPP I OGbE (X) module with Warranty 2023 MODULE IPv4/IPv6/MPLS hardware supportrequires SFPP optics. Supports IM IPv4 routes in FIB. Requires high speed switch fabric modules. BR-MLX- SRA XMR/MLXE 24PORT XMR/MLXE 24port I Year IGCX24-X I GBE (X) COPPER I GbE (X) Copper (RJ45) Warranty MODULE Attachment D Page 285 of 471 Page 359 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Module. Supports IM JPv4 routes in FEB. BR-MLX- SRA MLX/MLXE 24PORT MLX/MLXE 24port I Year IGCX24-X- I GBE (ML) COPPER I GbE (ML) Copper Warranty ML MODUL (RJ45)Module. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM JPv4 routes in FIB). BR-MLX- SRA XMR/MLXE 24PORT XMR/MLXE 24port I Year IGFX24-X I GBE (X) SFP MODULE I GbE (X)Fiber(SFP) Warranty Module. Supports IM JPv4 routes in FEB. BR-MLX- SRA MLX/MLXE 24PORT MLX/MLXE 24port I Year IGFX24-X- I GBE (ML) SFP I GbE (ML)Fiber(SFP) Warranty ML MODULE Module. Supports 512K JPv4 routes in FIB. License Upgradeable to X scalability (IM JPv4 routes in FIB). BR-MLX- SRA MLX 20PORT I GBE (M) Brocade MLXe twenty I Year IGX20- MODULE (20)port IGBE/IGBE (M) Warranty UIOG-M module with fPv4/lPv6/MPLS hardware support. Requires SFP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules. Upgradeable to 10G with BRMLXIGX20UIOGMU PG license. BR-MLX- SRA ML XE 20PRT(M)I OGBE MLXe 20PORT (M) 10 Software IGX20- LIC UPG I I OGBE Gigabit Ethernet license to Warranty UIOG- upgrade from I GBE TO M IGBE/IOGBE combo port BR-MLX- SRA MLX 20PORT I GBE (X2) Brocade MLXe twenty I Year IGX20- MODULE (20)port I GBE (X2) Warranty UI0G-X2 module with fPv4/lPv6/MPLS hardware support. Requires SFP optics. Supports simultaneous 2M IPv4 and 0.8M lPv6 or 1.5M IPv4 and IM Attachment D Page 286 of 471 Page 360 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. v6 routes in FIB. Requires hSFM. Upgradeable to 10G with extra license. BR-MLX- SRA MLXE 20PRT(X2)10GBE MLXe 20PORT (X2) 10 Software 1GX20- LICUPG TO 110/GBE Gigabit Ethernet license to Warranty U10G- upgrade from 1GBE TO X2UPG 1GBE/10GBE combo port BR-MLX- SRA MLX 24PORT 1 GBE MLX/ML,XE 24PORT Software 1GX24- LICENSE UPGRADE TO 1GBE LICENSE Warranty XUPG X UPGRADE TO X BR-MLX- SRA MLXE/MLX GEN2 MLXe/MLX Gen2 1 Year 32- 2-M MANAGEMENT (M) management(M) module Warranty MODULE FOR for 32slot systems. Includes 4 GB RAM 1 internal compact flash drive (2GB) 1 external compact flash slot with included 2GB card RS232 serial console port and 10/100/1000 Ethernet port for management BR-MLX- SRA MLXE/ML,X GEN2 MLXe/MLX Gen2 1 Year 32-M -X MANAGEMENT (X) management(X) module Warranty MODULE FOR for 32slot systems. Includes 4 GB RAM 1 internal compact flash drive (2GB) 1 external compact flash slot with included 2GB card RS232 serial console port and 10/100/1000 Ethernet port for management BR-MLX- SRA MLX 4PORT 40GBE(M) Brocade MLXe four 1 Year 40GX4-M QSFP+MODULE. SUPP (4)port 40GbE(M) Warranty module with IPv4/IPv6/MPLS hardware support requires QSFP+ optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR-MLXE- SRA MLXE16 EXHAUST FAN MLXe 16 exhaust fan 1 Year 16-FAN ASSEMBLY KIT assembly kit Warrant BR-MLXE- SRA MLXE16 AIR FILTER MLXe 16 air filter 1 Year 16-FLTR I I I I Warrant Attachment D Page 287 of 471 Page 361 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. - - SRA MLXE16 3 HSF 4 180OW Brocade MLXe 16 AC 1 Year 16-M -M- AC 1 MR2 (M)MG system with 1 M (M) Warranty AC management module 3 high speed switch fabric modules 4 1800W AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included - - SRA MLXE16 3 HSF 4 180OW Brocade MLXe 16 DC 1 Year 16-M -M- DC 1 MR2 (M)MG system with 1 M (M) Warranty DC management module 3 high speed switch fabric modules 4 1800W DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included - - SRA MLXE16 3 HSF 4 180OW Brocade MLXe 16 AC 1 Year 16-M -X- AC 1 MR2 (X)MG system with 1 MR2 (X) Warranty AC management module 3 high speed switch fabric modules 4 1800W AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included - - SRA MLXE16 3 HSF 4 180OW Brocade MLXe 16 DC 1 Year 16-M -X- DC 1 MR2 (X)MG system with 1 MR2 (X) Warranty DC management module 3 high speed switch fabric modules 4 1800W DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included - - SRA SPARE MLXE16 Spare MLXel6 chassis 1 Year 16-5 CHASSIS with 2 exhaust fan Warranty assembly kits and air filter BR-MLXE- SRA 32SLOT NETIRON 32slot NetIron 1 Year 32-ACPWR- ML /Xl LX AC MLXe/XNHUMLX AC Warranty 3000 3000W PS 3000W power supply BR- - SRA 32SLOT NET ON 32slot Neth-on 1 Year 32-DCPWR- MLXE/XMR/MLX DC MLXe/XNHUMLX DC Warranty 3000 3000W PS 3000W power supply Attachment D Page 288 of 471 Page 362 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. - - SRA MLXE32 EXHAUST FAN MLXe32 exhaust fan I Year 32-FAN ASSEMBLY KIT Warrant BR-MLXE- SRA UPWARD DEFLECTOR MLXe32 /MLX32/ I Year 32-FAN- FOR 32SLOT SYSTEM XMR32000 upward fan Warranty DEFLECTO FAN deflector for 32slot R chassis exhaust fans. Directs air exhaust upwards. I deflector per exhaust fan. BR-MLXE- SRA MLXE32 AIR FILTERS 2 MLXe32 air filters 2 filter 1 Year 32-FLTR FILTER KIT kit Warrant BR-MLXE- SRA MLXE32 7 HSF 4 3000W Brocade MLXe32 AC I Year 32-M -M- AC 1 MR2 (M)MG system with 1 M (M) Warranty AC management module 7 high speed switch fabric modules 4 3000W AC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR-MLXE- SRA MLXE32 7 HSF 4 3000W Brocade MLXe32 DC I Year 32-M -M- DC 1 MR2 (M)MG system with 1 M (M) Warranty DC management module 7 high speed switch fabric modules 4 3000W DC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR-MLXE- SRA MLXE32 7 HSF 4 3000W Brocade MLXe32 AC I Year 32-M -X- AC 1 MR2 (X)MG system with 1 MR2 (X) Warranty AC management module 7 high speed switch fabric modules 4 3000W AC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR-MLXE- SRA MLXE32 7 HSF 4 3000W Brocade MLXe32 DC I Year 32-M -X- DC 1 MR2 (X)MG system with 1 MR2 (X) Warranty DC management module 7 high speed switch fabric modules 4 3000W DC Attachment D Page 289 of 471 Page 363 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR-MLXE- SRA SPARE MLXE32 Spare MLXe32 chassis 1 Year 32-S CHASSIS with 2 power supply fans Warranty 8 exhaust fans and 2 air filters. BR-MLXE- SRA MLXE4 EXHAUST FAN MLXe4 exhaust fan 1 Year 4-FAN ASSEMBLY KIT assembly kit Warrant BR-MLXE- SRA MLXE4 AIR FILTER MLXe4 air filter 1 Year 4-FLTR Warrant - - SRA MLXE4 2 HSF 1 180OW Brocade MLXe4 AC 1 Year 4-M -M- AC 1 MR2 (M)MGM system with 1 M (M) Warranty AC management module 2 high speed switch fabric modules 1 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. - - SRA MLXE4 2 HSF 1 180OW Brocade MLXe4 DC 1 Year 4-M -M- DC 1 MR2 (M)MGM system with 1 M (M) Warranty DC management module 2 high speed switch fabric modules 1 180OW DC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. - - SRA MLXE4 2 HSF 1 180OW Brocade MLXe4 AC 1 Year 4-M -X- AC 1 MR2 (X)MGM system with 1 MR2 (X) Warranty AC management module 2 high speed switch fabric modules 1 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. - - SRA MLXE4 2 HSF 1 180OW Brocade MLXe4 DC 1 Year 4-M -X- DC 1 MR2 (X)MGM system with 1 MR2 (X) Warranty DC management module 2 high speed switch fabric modules 1 180OW DC ower supply 4 exhaust Attachment D Page 290 of 471 Page 364 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. fan assembly kits and air filter. Power cord not included. - - SRA SPARE MLXE4 CHASSIS Spare MLXe4 chassis 1 Year 4-S with 4 exhaust fan Warranty assembly kits and air filter BR-MLXE- SRA MLXE8 EXHAUST FAN MLXe8 exhaust fan 1 Year 8-FAN ASSEMBLY KIT assembly kit Warrant BR-MLXE- SRA MLXE8 AIR FILTER MLXe8 air filter 1 Year 8-FLTR Warrant - - SRA MLXE8 2 HSF 2 180OW Brocade MLXe8 AC 1 Year 8-M -M- AC 1 MR2 (M)MGM system with 1 M (M) Warranty AC management module 2 high speed switch fabric modules 2 180OW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included - - SRA MLXE8 2 HSF 2 180OW Brocade MLXe8 DC 1 Year 8-M -M- DC 1 MR2 (M)MGM system with 1 M (M) Warranty DC management module 2 high speed switch fabric modules 2 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included - - SRA MLXE8 2 HSF 2 180OW Brocade MLXe8 AC 1 Year 8-M -X- AC 1 MR2 (X)MGM system with 1 MR2 (X) Warranty AC management module 2 high speed switch fabric modules 2 180OW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included - - SRA MLXE8 2 HSF 2 180OW Brocade MLXe8 DC 1 Year 8-M -X- DC 1 MR2 (X)MGM system with 1 MR2 (X) Warranty DC management module 2 high speed switch fabric modules 2 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included Attachment D Page 291 of 471 Page 365 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. - - SRA SPARE MLXE8 CHASSIS Spare MLXe8 chassis 1 Year 8-S with 2 exhaust fan Warranty assembly kits and air filter BR-MLXE- SRA 16/8/4SLOT 16 8 and 4slot MLXe and 1 Year ACPWR- ML 16/8SLOT 16 and 8Slot X Warranty 1800 XMR/MLX AC 18 AC 1800W power supply BR-MLXE- SRA 16/8/4SLOT 16 8 and 4slot MLXe and 1 Year DCPWR- ML 16/8SLOT 16 and 8Slot X Warranty 1800 XMR/MLX DC 18 DC 1800W power supply BR-MLXE- SRA MLXE4 HSFAC MR2 Brocade MLXe4 AC 1 Year ENT-4- FANSFILTER enterprise switch system Warranty MR2-M-AC with 1 MR2 (M) management module 2 high speed switch fabric modules 1 1800W AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. - - SRA MLXE8 HSFAC MR2 Brocade MLXe8 AC 1 Year ENT-B- FANSFILTER enterprise switch system Warranty MR2-M-AC with 1 MR2 (M) management module 2 high speed switch fabric modules 2 1800W AC power supply 2 exhaust fan assembly kits and air filter. Power cord not included. BR-MLX- SRA MLXE/MLX GEN2 /MLX GEN2 1 Year M -M MANAGEMENT (M) MANAGEMENT (M) Warranty MODULE FOR MODULE FOR 4 8 AND 16SLOT SYSTEMS. INCLUDES 4 GB RAM 1 INTERNAL COMPACT FLASH DRIVE(2GB) 1 EXTERNAL COMPACT FLASH SLOT WITH INCLUDED 2GB CARD RS232 SERIAL CONSOLE PORT AND 10/100/1000 ETHERNET PORT FOR MANAGEMENT Attachment D Page 292 of 471 Page 366 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. BR-MLX- SRA MLXE/XMRGEN2 MLXe/XMR Gen2 1 Year M -X MANAGEMENT (X) management(X) module Warranty MODULE FOR for 4 8 and 16slot systems. Includes 4 GB RAM 1 internal compact flash drive (2GB) 1 external compact flash slot with included 2GB card RS232 serial console port and 10/100/1000 Ethernet port for management BR- SRA IP ADD ON LICENSE 10 Adds MPLS management Software 11/20/ NTWADV- MPLS to 10 devices licensed for Warranty 2020 MPLS-10 ENNTWADVIP or BRNTWADVIP Prerequisite are IPBASE or H,TM Upgrade or IP Extension minimum of one year support is re uired. BR- SRA IP ADD ON LICENSE 25 Adds MPLS management Software 11/20/ NTWADV- MPLS to 25 devices licensed for Warranty 2020 MPLS-25 ENNTWADVIP or BRNTWADVIP Prerequisite are IPBASE or H,TM Upgrade or IP Extension minimum of one year support is re uired. BR- SRA IP ADD ON LICENSE 50 Adds MPLS management Software 11/20/ NTWADV- MPLS to 50 devices licensed for Warranty 2020 MPLS-50 ENNTWADVIP or BRNTWADVIP Prerequisite are IPBASE or H,TM Upgrade or IP Extension minimum of one year support is re uired. BR-NVA- SRA VISIBILITY MANAGER VISIBILITY MANAGER Software BVM-1 LICENSE FOR 1 DEVICE LICENSE FOR 1 Warranty DEVICE. Perpetual Visibility Manager license for up to 1 device. Attachment D Page 293 of 471 Page 367 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. BR-NVA- SRA GTP CORRELATION SDN controller module Software GCC MODULE FOR for the MLXe Network Warranty OFFLOADWHIT Packet Broker platform. Performs GTP Correlation and other control functions to dynamically reprogram outbound flows from MLXe. -NVA- SRA INFOSIMSTABLE NET INFOSIM STABLE NET Software INFOSIM-1 LICENSE FOR 1 DEVICE LICENSE FOR 1 Warranty DEVICE. Perpetual Infosim StableNet license for up to 1 device with 250 measurements. BR-NVA-SD SRA SESSION DIRECTOR SESSION DIRECTOR Software WITH EXPERT WITH EXPERT Warranty FEATURES FEATURES. Perpetual license for up to 40 Gbps of traffic with 10 million subscribers (IMSIs) and 25 million sessions. -NVA- SRA SESSION Brocade Session Director Software SD7100-P- DI CTO EAT (SD) 7100 feature bundle Warranty 01 BNDL7100PERP LIC perpetual license for 40 Gb s of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SD8100-P- DI CTO EAT (SD) 8100 feature bundle Warranty 01 BNDL8100PERP LIC perpetual license for 40 Gb s of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SD8200-P- DI CTO EAT (SD) 8200 feature bundle Warranty 01 BNDL8200PERP LIC perpetual license for 40 Gb s of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SD9100-P- DI CTO EAT (SD) 9100 feature bundle Warranty 01 BNDL9100PERP LIC perpetual license for 40 Gb s of total traffic. BR-NVA- SRA ANALYSIS ENGINE AND Analytics Engine within Software VACE UI FOR REPORTS AND A the Vistapointe Analytics Warranty suite. Receives processed traffic metadata from vIPE probes computes metrics and KPIs. The vVID reporting engine and vISE SDN engine (for third rty integration) are Attachment D Page 294 of 471 Page 368 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. both contained within this SKU. BR-NVA- SRA PROTOCOL DECODER vIPE is the probing Software VIPE-DIA FOR DIAMETER BASED platform within the Warranty INTE Vistapointe analytics suite. vIPEDIA is the Diameter probe which extracts decodes and reduces Diameter traffic for processing by the Anal ytics engine (vACE). BR-NVA- SRA PROTOCOL DECODER vIPE is the probing Software VIPE-GI FOR SGI AND GI platform within the Warranty INTERFAC Vistapointe analytics suite. vIPEGi is the Gi/SGi IP traffic probe which extracts decodes and reduces Gi traffic for processing by the Anal ytics engine (vACE). BR-NVA- SRA PROTOCOL DECODER vIPE is the probing Software VIPE-GTP FOR GTP VI AND V2 platform within the Warranty INTER Vistapointe analytics suite. vIPEGTP is the GTP v I and v2 protocol probe (for GTPu and GTPc traffic)which extracts decodes and reduces GTP traffic for processing by the Anal ytics engine (vACE). BR-NVA- SRA VIRTUAL BROKER ADV Brocade NVA Virtual Software VPB-API PERPETUAL LICENSE Packet Broker Warranty (vPB)Advanced feature bundle (also includes Basic features)perpetual License aggregating up to 25 TAP end points BR-NVA- SRA VIRTUAL BROKER Brocade NVA Virtual Software VPB-BPI BASIC PERPETUAL Packet Broker(vPB)Basic Warranty LICENSE feature bundleperpetual License aggregating up to 25 TAP end points Attachment D Page 295 of 471 Page 369 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. -NVA- SRA VIRTUAL TAP ADV 25 Brocade NVA Virtual Software VTAP- PERPETUAL LICENSE T (vT )Advanced Warranty AP125 feature bundle(Includes Basic Features)perpetual 25 instance License BR-NVA- SRA VIRTUAL TAP BASIC 25 Brocade NVA Virtual Software VTAP- PERPETUAL LICENSE T (vT )Basic feature Warranty BP 125 bundleperpetual 25 instance License BR-SLX- SRA 48X25GE+6X100GE Brocade SLX 914048V 1 Year 9140-48V- SWITCH AC FB Switch AC with Front to Warranty AC-F AIRFLOW Back airflow (Portside to nonport side airflow) 48x25GE/10GE/1GE+ 6x100GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. -SLX- SRA 48X25GE+6X100GE Brocade SLX 914048V 1 Year 9140-48V- SWITCH AC BF Switch AC with Back to Warranty AC-R AIRFLOW Front airflow (Nonportside to port side airflow) 48x25GE/10GE/1GE+ 6x100GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. -SLX- SRA 48X25GE+6X100GE Brocade SLX 914048V 1 Year 9140-48V- SWITCH DC FB Switch DC with Front to Warranty DC-F AIRFLOW Back airflow (Portside to nonport side airflow) 48x25GE/10GE/1GE+ 6x100GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. -SLX- SRA 48X25GE+6X100GE Brocade SLX 914048V 1 Year 9140-48V- SWITCH DC BF Switch DC with Back to Warranty DC-R AIRFLOW Front airflow (Nonportside to port side airflow) 48x25GE/10GE/1GE+ 6x100GE/40GE. (1+1) redundant power supplies Attachment D Page 296 of 471 Page 370 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. and (4+1) redundant fans included. -SLX- SRA S/WADVANCED Advanced Feature License Software 9140-ADV- FEATURE LICENSE Warranty LIC-P BR-SLX- SRA 32XIOOGE SWITCH NO Brocade SLX 924032C I Year 9240-32C FAN/PS Switch. No Fans/Power Warranty supplies included. 32x100GE/40GE. BR-SLX- SRA 32XIOOGE SWITCH FB Brocade SLX 924032C I Year 9240-32C- AIRFLOW AC Switch AC with Front to Warranty AC-F Back airflow (Portside to nonport side airflow) 32x100GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. -SLX- SRA 32XIOOGE SWITCH BF Brocade SLX 924032C I Year 9240-32C- AIRFLOW AC Switch AC with Back to Warranty AC-R Front airflow (Nonportside to port side airflow) 32x100GE/40GE. (1+1)redundant power supplies and (4+1) redundant fans included. -SLX- SRA 32XIOOGE SWITCH FB Brocade SLX 924032C I Year 9240-32C- AIRFLOW DC Switch DC with Front to Warranty DC-F Back airflow (Portside to nonport side airflow) 32x100GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. -SLX- SRA 32XIOOGE SWITCH BF Brocade SLX 924032C I Year 9240-32C- AIRFLOW DC Switch DC with Back to Warranty DC-R Front airflow (Nonportside to port side airflow) 32x100GE/40GE. (1+1)redundant power supplies and (4+1) redundant fans included. -SLX- SRA S/WADVANCED Advanced Feature License Software 9240-ADV- FEATURE LICENSE Warranty LIC-P Attachment D Page 297 of 471 Page 371 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. -SLX- SRA 24XIOGE+24XIGE Brocade SLX 9540245 I Year 9540-245- SWITCH AC PRTSD Switch AC with Front to Warranty AC-F INTK Back airflow (Portside to nonport side airflow). Supports 24xl0GE/IGE+ 24x I GE ports. BR-SLX- SRA 24XIOGE+24XIGE Brocade SLX 9540245 I Year 9540-24S- SWITCH AC PRTSD EXH Switch AC with Back to Warranty AC-R Front airflow (Nonport Side to port side airflow). Supports 24xl0GE/IGE+ 24x I GE ports. BR-SLX- SRA UPGRADE 24XIGE TO Upgrade 24xIGE to Software 9540-24S- 24X I OGE/IGE 24x l OGE/IGE Warranty COD-P -SLX- SRA 24XIOGE+24XIGE Brocade SLX 9540245 I Year 9540-24S- SWITCH DC PRTSD Switch DC with Front to Warranty DC-F INTK Back airflow (Portside to nonport side airflow). Supports 24xl0GE/1GE+ 24x 1 GE ports. BR-SLX- SRA 24XIOGE+24XIGE Brocade SLX 9540245 I Year 9540-24S- SWITCH DC PRTSD EXH Switch DC with Back to Warranty DC-R Front airflow (Nonport Side to port side airflow). Supports 24xl0GE/1GE+ 24x 1 GE ports. BR-SLX- SRA PORTS ON DEMAND Ports on Demand for Software 9540-2C- FOR 2X100GE/40GE 2x100GE/40GE Uplinks Warranty POD-P -SLX- SRA 48XIOGE+6XIOOGE Brocade SLX 9540485 I Year 9540-485- SWITCH AC PRTSD Switch AC with Front to Warranty AC-F INTK Back airflow (Portside to nonport side airflow). Supports 48xl0GE/1GE+ 6xl00GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. -SLX- SRA 48XIOGE+6XIOOGE Brocade SLX 9540485 I Year 9540-48S- SWITCH AC PRTSD EXH Switch AC with Back to Warranty AC-R Front airflow (Nonport Side to port side airflow). Supports 48xl0GE/1GE+ 6xl00GE/40GE. (1+1) redundant power supplies Attachment D Page 298 of 471 Page 372 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. and (4+1) redundant fans included. -SLX- SRA 48X10GE+6X100GE Brocade SLX 9540485 1 Year 9540-485- SWITCH DC PRTSD Switch DC with Front to Warranty DC-F INTK Back airflow (Portside to nonport side airflow). Supports 48x10GE/1GE+ 6x100GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. -SLX- SRA 48X10GE+6X100GE Brocade SLX 9540485 1 Year 9540-48S- SWITCH DC PRTSD EXH Switch DC with Back to Warranty DC-R Front airflow (Nonport Side to port side airflow). Supports 48x10GE/1GE+ 6x100GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA ADVANCEI)FEATUREAdvanced Feature License Software 9540-ADV- LICENSE Warranty LIC-P BR- SRA SLX 9850 100GX12 SLX 9850 100GX12 1 Year SLX9850- INTERFACE MODULE INTERFACE MODULE Warranty 100GX12CQ W/MPLS W/MI LS - - SRA SLX9850 100GX36 Brocade SLX 9850 36port 1 Year SLX9850- INTERFACE MODULE 100GbE60port 40GbE or Warranty 100GX36CQ 240port 10GbE flexspeed -D (D) interface module with IPv4/IPv6 hardware support. Requires SFP28SFP+ optics 40GbE to 10GbE breakout(I OGbE) connectivity.Supports 750K MAC256K IPv4 64K IPv6 routes BR- SRA SLX9850 100GX36 BR SLX 9850 36port 1 Year SLX9850- INTERFACE MODULE 100GbE60port 40GbEor Warranty 100GX36CQ W/MILS 240port 10GbE flexspeed -M (M)interface module with IPv4/IPv6/MPLS hardware Attachment D Page 299 of 471 Page 373 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. support. equires SFP28SFP+ optics 40GbE to l OGbE breakout(1 OGbE) connectivity.Supports 750K MAC256K IPv4 64K IPv6 routes BR- SRA 6XIOOG POD SW 6xIOOG POD SW license Software SLX9850- LICENSE FOR I OOG POD to be used with Warranty 100GX6CQ- BLADE SLX9850100Gxl2CQM M-UPG I OOG blade only - SRA SLX9850 IOGX72 Brocade SLX 9850 72port I Year SLX9850- INTERFACE MODULE IOGbE/1GbE(D) Warranty 10GX72S-D interface module with IPv4/IPv6 hardware support. Requires SFP+ optics for 10GbE connectivity and SFP optics for 1GbE connectivity. Supports 750K MAC 256K IPv4 routes and 64K IPv6 routes BR- SRA SLX9850 IOGX72 Brocade SLX 9850 72port I Year SLX9850- INTERFACE MODULE IOGbE/1GbE(M) Warranty 10GX72S-M W/MPLS interface module with IPv4/IPv6/MPLS hardware support. Requires SFP+ optics for IOGbE connectivity and SFP optics for 1GbE connectivity. Supports 750K MAC 256K IPv4 routes and 64K IPv6 routes BR- SRA SLX98504 AC SYSTEM Brocade SLX 9850 4slot I Year SLX9850-4- BUNDLE chassis with 1 Warranty BND-AC management module 5 switch fabric modules 2 3000W AC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SLX 98504 DC SYSTEM Brocade SLX 9850 4slot I Year SLX9850-4- BUNDLE chassis with 1 Warranty BND-DC management module 5 Attachment D Page 300 of 471 Page 374 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. switch fabric modules 2 3000W DC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SLX98504 SWITCH Brocade SLX 9850 switch 1 Year SLX9850-4- FABRIC MODULE fabric module for 4slot Warranty SFM chassis - SRA SLX 98508 AC SYSTEM Brocade SLX 9850 8slot 1 Year SLX9850-8- BUNDLE chassis with 1 Warranty BND-AC management module 5 switch fabric modules 4 3000W AC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SLX 98508 DC SYSTEM Brocade SLX 9850 8slot 1 Year SLX9850-8- BUNDLE chassis with 1 Warranty BND-DC management module 5 switch fabric modules 4 3000W DC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SLX98508 SWITCH Brocade SLX 9850 switch 1 Year SLX9850-8- FABRIC MODULE fabric module for 8slot Warranty SFM chassis - SRA SLX9850 Brocade SLX 9850 1 Year SLX9850- MANAGEMENT management module for Warranty MM MODULE 4slot and 8slot systems includes 32GB RAM 2 internal Solid State Drives 4Core Intel CPU 2 USB 3.0 ports 2 RJ45 console ports and 10GbE Services ort BR- SRA S/WVCS S/W LICENSE VCS S/W LICENSE FOR Software VDX6710- FOR VDX671054 VDX671054 Warranty 54VCS-01 BR- SRA S/WFCOE S/W LICENSE Software License to Software 06/29/ VDX6720- VDX672024/16PP enable FCoE on Warranty 2024 24FCOE-01 VDX672016 or VDX672024 - SRA S/WBPOT POD 8POT Ports on Demand Software 06/29/ VDX6720- LICENSE FOR License for VDX672016 Warranty 2024 24POD-01 VDX672016PP Attachment D Page 301 of 471 Page 375 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. to make all 24 ports enabled BR- SRA S/WVCS S/W LICENSE Software License to Software 06/29/ VDX6720- FOR VDX672024/16PP enable VCS on Warranty 2024 24VCS-01 VDX672024 or VDX672016 BR- SRA S/WFCOE LICENSE FOR Software License to Software 06/29/ VDX6720- VDX672060/40PP enable FCoE on Warranty 2024 60FCOE-01 VDX672040 VDX672060 BR- SRA S/W 10PORT POD 10PORT Ports on Software 06/29/ VDX6720- LICENSE FOR Demand License for Warranty 2024 60POD-01 VDX6720/40PP VDX672040 to enable 10 more ports BR- SRA S/WVCS LICENSE FOR Software License to Software 06/29/ VDX6720- VDX672060/40 enable VCS on Warranty 2024 60VCS-01 VDX672060 or VDX672040 BR- SRA 8PORT POD LICENSE 8PORT POD LICENSE Software VDX6730- FOR VDX673016 FOR VDX673016 Warranty 24POD-01 BR- SRA S/WVCS S/W LICENSE VCS S/W LICENSE FOR Software VDX6730- FOR VDX673024/16PP VDX673024 VDX673016 Warranty 24VCS-01 BR- SRA 10PORT POD LICENSE 10PORT POD LICENSE Software VDX6730- FOR VDX673040 FOR VDX673040 Warranty 60PO -01 BR- SRA S/WVCS S/W LICENSE VCS S/W LICENSE FOR Software VDX6730- FOR VDX673040/60PP VDX673060 VDX673040 Warranty 60VCS-01 BR- SRA VDX674024PSFP+DCPOR VDX 6740 24P SFP+ 1 Year VDX6740- T SIDE EXHAUST Al PORTS ONLY NO Warranty 24-DC-F OPTICS DC NONPORT SIDE EXHAUST AIRFLOW - SRA VDX674024PSFP+DCPORX 6740 24P SFP+ 1 Year VDX6740- T SIDE EXHAUST AF PORTS ONLY NO Warranty 24-DC-R OPTICS DC PORT SIDE EXHAUST AIRFLOW - SRA VDX674024PSFP+ACNO VDX 6740 24P SFP+ 1 Year VDX6740- N PORT SIDE EX AF PORTS ONLY NO Warranty 24-F OPTICS AC NONPORT SIDE EXHAUST AIRFLOW - SRA VDX674024PSFP+ACPORX 6740 24P SFP+ 1 Year VDX6740- T SIDE EXHAUST AF PORTS ONLY NO Warranty 24-R Attachment D Page 302 of 471 Page 376 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. OPTICS AC PORT SIDE EXHAUST AIRFLOW - SRA S2POT 40G POD LIC 2POT 40G Ports on Software VDX6740- FOR X6740/6740T Demand(POD)LICENSE Warranty 2X40G-POD FOR VDX6740 AND X6740T - SRA VDX674048PSFP+ACNO VDX 674048P SFP+ I Year VDX6740- N PORT SIDE EX AF PORTS ONLY NO Warranty 48-F OPTICS AC NONPORT SIDE EXHAUST AIRFLOW - SRA VDX674048PSFP+ACPORX 6740 48P SFP+ I Year VDX6740- T SIDE EXHAUST AF PORTS ONLY NO Warranty 48-R OPTICS AC PORT SIDE EXHAUST AIRFLOW BR- SRA VDX674064PSFP+FCOEA VDX 6740 BUNDLE 64P I Year VDX6740- CNONPORT EX AF SFP+PORTS ONLY NO Warranty 64-ALLSW- OPTICS VCS LIC FCOE F LIC AC NONPORT SIDE EXHAUST AIRFLOW BR- SRA VDX674064PSFP+FCOEA VDX 6740 BUNDLE 64P I Year VDX6740- CPORT SD EX AF SFP+PORTS ONLY NO Warranty 64-ALLSW- OPTICS VCS LIC FCOE R LIC AC PORT SIDE EXHAUST AIRFLOW - SRA VDX674064PSFP+ACNO VDX 674048P SFP+ I Year VX6740- N PORT SIDE EX AF PORTS and 4P SFP+ Warranty 64-F OnlyNO OPTICS AC NONPORT SIDE EXHAUST AIRFLOW - SRA VDX674064PSFP+ACPORX 674048P SFP+ I Year VX6740- T SIDE EXHAUST AF PORTS and 4P QSFP+ Warranty 64-R ports ONLY NO OPTICS AC PORT SIDE EXHAUST AIRFLOW - SRA SBPOT I OG POD LIC 8POT I OG SFP+Ports Software VDX6740- FOR X6740/6740T on Warranty 8X I OG-POD Demand(POD)LICENSE FOR VDX6740 and X6740T BR- SRA S/WVCS AND FCOE VCS S/W LICENSE and Software VDX6740- LICENSEVDX6740/6740T FCOE S/W LICENSE Warranty ALLSW FOR VDX6740 AND X6740T Attachment D Page 303 of 471 Page 377 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA S/WFCOE LICENSE FOR FCOE S/W LICENSE Software VDX6740- VDX6740/VDX6740T FOR VDX6740 AND Warranty FCOE 6740T BR- SRA SWI6PORT 10G COD SW16PORT 10G Software VDX6740T- UPGRD LICVDX6740TIG Capacity on Demand LIC Warranty 1G-16X10G- FOR VDX6740TIG COD - SRA VDX6740T24PIOGBTDC VDX 6740T 24P 10G T 1 Year VDX6740T- NONPORTSIDE EX AF PORTS ONLY NO Warranty 24-DC-F OPTICS DC NONPORT SIDE EXHAUST AIRFLOW - SRA VDX6740T24PIOGBTDCP VDX 6740T 24P 10G T 1 Year VDX6740T- RT SD EX AF PORTS ONLY NO Warranty 24-DC-R OPTICS DC PORT SIDE EXHAUST AIRFLOW - SRA VDX6740T24PIOGBTAC VDX 6740T 24P 10G T 1 Year VDX6740T- NONPRTSD EX AF PORTS ONLY NO Warranty 24-F OPTICS AC NONPORT SIDE EXHAUST AIRFLOW - SRA VDX6740T24PIOGBTACP VDX 6740T 24P 10G T 1 Year VDX6740T- RT SD EX AF PORTS ONLY NO Warranty 24-R OPTICS AC PORT SIDE EXHAUST AIRFLOW - SRA VDX6740T48PIOGBTAC VDX 6740T 48P 10G T 1 Year VDX6740T- NONPRTSD EX AF PORTS ONLY NO Warranty 48-F OPTICS AC NONPORT SIDE EXHAUST AIRFLOW - SRA VDX6740T48PIOGBTACP VDX 6740T 48P 10G T 1 Year VDX6740T- RT SD EX AF PORTS ONLY NO Warranty 48-R OPTICS AC PORT SIDE EXHAUST AIRFLOW - SRA VDX 6740TIG 48P VDX 6740T 48P 1 Year VDX6740T- I GTNPORTS E EXH Al 1GBASET PORTS2 Warranty 56-1G-DC-F 40GBE QSFP+ UPGRADABLE TO IOGBASET VIA LICENSE ONLY NO OPTICS DC NONPORT SIDE EXHAUST AIRFLOW - SRA VDX 6740TIG 48P VDX 6740T 48P 1 Year VDX6740T- IGTPORTSIDE EXH Al 1GBASET PORTS2 Warranty 56-1G-DC-R 40GBE QSFP+ Attachment D Page 304 of 471 Page 378 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. UPGRADABLE TO 10GBASET VIA LICENSE ONLY NO OPTICS DC PORT SIDE EXHAUST AIRFLOW - SRA VDX6740TIG48PIGBAS VDX 6740T 48P 1 Year VDX6740T- ET PORTS2 40GBEN 1GBASET PORTS2 Warranty 56-1G-F 40GBE QSFP+ UPGRADABLETO 10GBASET VIA LICENSE ONLY NO OPTICS AC NONPORT SIDE EXHAUST AIRFLOW - SRA VDX6740TIG48PIGBAS VDX 6740T 48P 1 Year VDX6740T- ET PORTS2 40GBE 1GBASET PORTS2 Warranty 56-1G-R 40GBE QSFP+ UPGRADABLETO 10GBASET VIA LICENSE ONLY NO OPTICS AC PORT SIDE EXHAUST AIRFLOW BR- SRA VDX6740T64PIOGBTFCO VDX 6740T BUNDLE 1 Year VDX6740T- EACNONPRT EX AF 48P 10GBT PORTS and Warranty 64-ALLSW- 4P QSFP+PORTS ONLY F NO OPTICS VCS LIC FCOE LIC AC NONPORT SIDE EXHAUST AIRFLOW BR- SRA VDX6740T64PIOGBTFCO VDX 6740T BUNDLE 1 Year VDX6740T- EACPORT EX AF 48P 10GBT PORTS and Warranty 64-ALLSW- 4P QSFP+PORTS ONLY R NO OPTICS VCS LIC FCOE LIC AC PORT SIDE EXHAUST AIRFLOW - SRA VDX6740T64PIOGBTSFP VDX 6740T 48P 10GT 1 Year VDX6740T- +ACNON PRT EX AF PORTS ONLY and 4P Warranty 64-F QSFP+ NO OPTICS AC NONPORT SIDE EXHAUST AIRFLOW - SRA VDX6740T64PIOGBTACP VDX 6740T 48P 10GT 1 Year VDX6740T- RT SD EX AF PORTS ONLY and 4P Warranty 64-R QSFP+ NO OPTICS AC PORT SIDE EXHAUST AIRFLOW Attachment D Page 305 of 471 Page 379 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA S/WVCS LICENSE FOR VCS S/W LICENSE FOR Software VDX6740- VDX6740/VDX6740T VDX6740 AND Warranty VCS VDX6740T BR- SRA SWI6PORT 10G POD LIC 16xIOGbE Ports On Software VDX6940- FOR VDX6940144S Demand(POD)LICENSE Warranty 1445-16- FOR VDX694064S AC IOGPOD and DC models - SRA S6X40G/2X100G POD 6x40GbE or 2x100GbE Software VDX6940- LIC FOR X69401445 Ports On Demand(POD) Warranty 1445- LICENSE FOR 6X40G-POD VDX694064S and X6940965 models - SRA VDX6940144SACNON Brocade VDX 69401445 1 Year VDX6940- PORTSIDE EXHAUST base system with 96 Warranty 1445-AC-F 10GbE SFP+ ports and up to 12 40GbE QSFP+ports or up to 4 100GbE QSFP28 ports AC power supply NON PORTSIDE EXHAUST AIRFLOW - SRA VDX6940144SACPORTSI Brocade VDX 69401445 1 Year VDX6940- DE EXHAUST base system with 96 Warranty 1445-AC-R 10GbE SFP+ ports and up to 12 40GbE QSFP+ports or up to 4 100GbE QSFP28 ports AC power supply PORTSIDE EXHAUST AIRFLOW - SRA VDX694024QACNON Brocade VDX 694036 1 Year VDX6940- PORTSIDE EXHAUST basesystem with 24 Warranty 24Q-AC-F 40GbE QSFP+portsAC power supply NON PORTSIDE EXHAUST AIRFLOW - SRA VDX694024QACPORTSI Brocade VDX 694036Q 1 Year VDX6940- DE EXHAUST base system with 24 Warranty 24Q-AC-R 40GbE QSFP+ports AC power supply PORTSIDE EXHAUST - SRA VDX694024QDCNONPO Brocade VDX 694036Q 1 Year VDX6940- RTSIDE EXHAUST base system with 24 Warranty 24Q-DC-F 40GbE QSFP+ports DC Power supply NON PORTSIDE EXHAUST AIRFLOW Attachment D Page 306 of 471 Page 380 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. - SRA VDX694024QDCPORTSI Brocade VDX 694036Q 1 Year VDX6940- DE EXHAUST base system with 24 Warranty 24Q-DC-R 40GbE QSFP+ports DC Power supply PORTSIDE EXHAUST AIRFLOW - SRA S 12POT 40G POD LIC 12x40GbE Ports On Software VDX6940- FORVDX694036Q Demand(POD)license for Warranty 36Q- the VDX 694024Q AC 12X40G- and DC models POD - SRA VDX694036QACNON Brocade VDX 694036Q 1 Year VDX6940- PORTSIDE EXHAUST base system with 36 Warranty 36Q-AC-F 40GbE QSFP+ports AC power supply NON PORTSIDE EXHAUST AIRFLOW - SRA VDX694036QACPORTSI Brocade VDX 694036Q 1 Year VDX6940- DE EXHAUST base system with 36 Warranty 36Q-AC-R 40GbE QSFP+ports AC power supply PORTSIDE EXHAUST AIRFLOW - SRA VDX694064SACNON Brocade VDX 69401445 1 Year VDX6940- PORTSIDE EXHAUST base system with 64 Warranty 64S-AC-F 10GbE SFP+ports AC power supply NON PORTSIDE EXHAUST AIRFLOW - SRA VDX694064SACPORTSIDBrocade VDX 69401445 1 Year VDX6940- E EXHAUST base system with 64 Warranty 64S-AC-R 10GbE SFP+ports AC power supply PORTSIDE EXHAUST AIRFLOW - SRA VDX694064SDCNON Brocade VDX 69401445 1 Year VDX6940- PORTSIDE EXHAUST base system with 64 Warranty 64S-DC-F 10GbE SFP+ports DC power supply NON PORTSIDE EXHAUST AIRFLOW - SRA VDX694064SDCPORTSIDBrocade VDX 69401445 1 Year VDX6940- E EXHAUST base system with 64 Warranty 64S-DC-R 10GbE SFP+ports DC power supply PORTSIDE EXHAUST AIRFLOW - SRA VDX694096SACNON Brocade VDX 69401445 1 Year VDX6940- PORTSIDE EXHAUST base system with 96 Warranty 96S-AC-F 10GbE SFP+ ports AC Attachment D Page 307 of 471 Page 381 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. power supply NON PORTSIDE EXHAUST AIRFLOW - SRA VDX694096SACPORTSIDBrocade VDX 69401445 1 Year VDX6940- E EXHAUST base system with 96 Warranty 96S-AC-R 10GbE SFP+ports AC power supply PORTSIDE EXHAUST AIRFLOW BR- SRA S/WFCOE S/W LICENSE FCOE software license for Software VDX6940- VDX6940 VDX6940 Warranty FCOE - SRA 12X40GSFP+ 12 x 40GE QSFP Blades 1 Year VDX8770- BL ENO OPTICS8770 No Optics Warranty 12X40G- SFP-1 BR- SRA 27X40GBE QSFP 27 x 40GE QSFP Blades 1 Year VDX8770- BLADES NO OPTICS No Optics Warranty 27X40G- SFP BR- SRA 2 X I OOGECFP2BLADES 2X100GbECFP2 Blades 1 Year VDX8770- W/PODNO OPTICS with 2 ports activated by Warranty 2X100G- default and available for CFP2 2X100G POD license upgrade No Optics BR- SRA SW2X100G POD LIC FOR 2x100G POD SW license Software VDX8770- 2X100GCFP2 BLADE to be used with Warranty 2X100G- VDX87702x100GCFP2 POD 100G blade only - SRA 48X10GSFP+BLADENO 48 x 1/10GE SFP+Blades 1 Year VDX8770- OPTICS8770 No Optics Warranty 48X10G- SFPP-1 BR- SRA 48X10GBASET COPPER 48 X 10GBaseT Copper 1 Year VDX8770- BLADES NO OPTICS Blades No Optics Warranty 48X10G-T - SRA 48X1GSFP+BLADENO 48 x 1GE SFP Blade No 1 Year VDX8770- OPTICS8770 Optics Warranty 48X1G-SFP- 1 BR- SRA 4 SLOT CHASSIS3SFM1 VDX8770 4I/0 Slot 1 Year VDX8770-4- MM2FAN2 3000W AC chassis with 3 Switch Warranty BND-AC Fabric Modules 1 Management Module 2 exhaust Fan and 2 3000 AC Power supply unit. Additional Management Attachment D Page 308 of 471 Page 382 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. modules to be ordered separately. Power cord ordered separately BR- SRA 4 SLOT CHASSIS3SFM1 VDX8770 4I/0 Slot 1 Year VDX8770-4- MM2FAN2 3000W DC chassis with 3 Switch Warranty BND-DC Fabric Modules 1 Management Module 2 exhaust Fan and 2 3000 DC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA 6X100GBE CFP2 6 X 100GE CFP2 Blades 1 Year VDX8770- BLADES NO OPTICS No Optics Warranty 6XIOOG- CFP2 BR- SRA 8 SLOT CHASSIS6SFM1 VDX8770 8 I/O Slot 1 Year VDX8770-8- MM4FAN3 3000W AC chassis with 6 Switch Warranty BND-AC Fabric Modules 1 Management Module 4 exhaust Fan and 3 3000 AC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA 8 SLOT CHASSIS6SFM1 VDX8770 8 I/O Slot 1 Year VDX8770-8- MM4FAN3 3000W DC chassis with 6 Switch Warranty BND-DC Fabric Modules 1 Management Module 4 exhaust Fan and 3 3000 DC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA ADV SERVICE LICENSE ADVANCED SERVICE Software VDX8770- FOR FCOEVCSLAYER 3 LICENSE TO ENABLE Warranty LIC-ADV FCOE VCS AND LAYER 3 ON THE X8770 BR- SRA FCOE S/W LICENSE FCOE License for Software VDX8770- VDX8870 VDX8770 Warranty LIC-FLOE Attachment D Page 309 of 471 Page 383 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA LAYER3 S/W LICENSE LAYER3 license for the Software VDX8770- FOR VDX8770 VDX8770 Warranty LIC- LAYER3 BR- SRA UPG LICENSE TO UPGRADE LICENSE TO Software VDX8770- ENABLE ADV SERVICE ENABLE ADVANCED Warranty LIC-UPG SERVICE ON VDX8770 BR- SRA VCS S/W LICENSE FOR VCS License for Software VDX8770- VDX8770 VDX8770 Warranty LIC-VCS BR- SRA 8770 MANAGEMENT Management Module for 1 Year VDX8770- MODULE VDX 87704 and Warranty MM-1 VDX87708 BR- SRA 8770 SWITCH FABRIC Switch Fabric Module for 1 Year VDX8770- MODULE VDX 87704 and Warranty SFM-1 VDX87708 C5G124-24 Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24X10/100/1000+4XSFP 24X10/100/1000+4XSFP Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 C5G124-24- Fixed L3 C5 STACK C5 STACK Limited 06/30/ G 24X10/100/1000+4XSFP 24X10/100/1000+4XSFP Lifetime 2022 TAA TAA Warranty with express Advanced Hardware Replacem ent-2 C5G124- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24P2 24X10/100/1000ATPOE+4 24X10/100/1000ATPOE+ Lifetime 2022 XSFP 4XSFP Warranty with express Advanced Hardware Replacem ent-2 C5G124- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24P2-G 24X10/100/1000ATPOE 24X10/100/1000ATPOE Lifetime 2022 TAA TAA Warranty Attachment D Page 310 of 471 Page 384 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. with express Advanced Hardware Replacem ent-2 C5G124-48 Fixed L3 C5 STACK C5 STACK Limited 06/30/ 48X10/100/1000+4XSFP 48X10/100/1000+4XSFP Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 C5G124-48- Fixed L3 C5 STACK C5 STACK Limited 06/30/ G 48X10/100/1000+4XSFP 48X10/100/1000+4XSFP Lifetime 2022 TAA TAA Warranty with express Advanced Hardware Replacem ent-2 C5G124- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 48P2 48X10/100/1000ATPOE+4 48X10/100/1000ATPOE+ Lifetime 2022 XSFP 4XSFP Warranty with express Advanced Hardware Replacem ent-2 C5G124- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 48P2-G 48X10/100/1000ATPOE+4 48X10/100/1000ATPOE+ Lifetime 2022 SFPTAA 4SFPTAA Warranty with express Advanced Hardware Replacem ent-2 C5K125-24 Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24X10/100/1000+2XSFPP 24X10/100/1000+2XSFP Lifetime 2022 P Warranty with Attachment D Page 311 of 471 Page 385 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. express Advanced Hardware Replacem ent-2 C5K125-24- Fixed L3 C5 STACK C5 STACK Limited 06/30/ G 24X10/100/1000+2XSFPP 24X10/100/1000+2XSFP Lifetime 2022 TAA P TAA Warranty with express Advanced Hardware Replacem ent-2 C5K125- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24P2 24X10/100/1000ATPOE+2 24X10/100/1000ATPOE+ Lifetime 2022 SFPP 2SFPP Warranty with express Advanced Hardware Replacem ent-2 C5K125- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24P2-G 24X10/100/1000ATPOE 24X10/100/1000ATPOE Lifetime 2022 TAA TAA Warranty with express Advanced Hardware Replacem ent-2 C5K125-48 Fixed L3 C5 STACK C5 STACK Limited 06/30/ 48X10/100/1000+2XSFPP 48X10/100/1000+2XSFP Lifetime 2022 P Warranty with express Advanced Hardware Replacem ent-2 C5K125-48- Fixed L3 C5 STACK C5 STACK Limited 06/30/ G 48X10/100/1000+4XSFP 48X10/100/1000+4XSFP Lifetime 2022 TAA TAA Warranty with express Attachment D Page 312 of 471 Page 386 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Advanced Hardware Replacem ent-2 C5K125- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 48P2 48X10/100/1000ATPOE+2 48X10/100/1000ATPOE+ Lifetime 2022 XSFPP 2XSFPP Warranty with express Advanced Hardware Replacem ent-2 C5K125- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 48P2-G 48X10/100/1000ATPOE 48X10/100/1000ATPOE Lifetime 2022 TAA TAA Warranty with express Advanced Hardware Replacem ent-2 C5K175-24 Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24XSFP+2XSFPP 24XSFP+2XSFPP Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 C5K175-24- Fixed L3 C5 STACK C5 STACK Limited 06/30/ G 24XSFP+2XSFPP TAA 24XSFP+2XSFPP TAA Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 C5K-24P2- Fixed L3 QTY 8 C5K12524P2 Limited 06/30/ BUN BUNDLE Lifetime 2020 Warranty with express Advanced Attachment D Page 313 of 471 Page 387 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Hardware Replacem ent C5K-48P2- Fixed L3 QTY 8 C5K12548P2 Limited 06/30/ BUN SALES BUNDLE Lifetime 2020 Warranty with express Advanced Hardware Replacem ent C5L3-LIC Fixed L3 C5 ADVANCED C5 ADVANCED Software IPV4/IPV6 ROUTING IPV4/IPV6 ROUTING Warranty LICENSE LICENSE CC SRA CONSOLE CABLE Console Port Serial Cable No (DB9F to DB9F) Warranty Strai htthrou h CFP2-TO- SRA 100GE CFP2 TO QSFP28 100 GbE CFP2 to 1 Year 10/31/ QSFP28- CONVERSION MODULE QSFP28 conversion Warranty 2024 MOD module CNTR-DIV- SRA CENTER SLOT CENTER SLOT 1 Year MLXE-16 DIVIDERSMLXE16 DIVIDERS FOR THE Warranty CHASSIS MLXE16 CHASSIS CNTR-DIV- SRA CENTER SLOT CENTER SLOT 1 Year MLXE-32 DIVIDERSMLXE32 DIVIDERS FOR THE Warranty CHASSIS MLXE32 CHASSIS CNTR-DIV- SRA CENTER SLOT CENTER SLOT 1 Year MLXE-4-8 DIVIDERSMLXE4 DIVIDERS FOR THE Warranty MLXE8 MLXE4 AND MLXE8 CHASSIS CS- Subscriptio CLOUD WLAN MGMT CLOUD WLAN MGMT No WLANJP9 n JAPAN REG DOMAIN JAPAN REG DOMAIN Warrant CS- Subscriptio CLOUD WLAN MGMT CLOUD WLAN MGMT Software WLANNAM n FCC REG DOMAIN FCC REG DOMAIN Warranty 9 D2G124-12 Fixed L2 12 X 10/100/1000 FIXED 12 X 10/100/1000 FIXED Limited 03/31/ CONFIG L2 SWITCH CONFIG L2 SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 Attachment D Page 314 of 471 Page 388 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. D2G124-12- Fixed L2 12 X 10/100/1000 L2 12 X 10/100/1000 L2 Limited 03/31/ G SWITCH TAA SWITCH TAA Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 D2G124-12P Fixed L2 12 X 10/100/1000 FIXED 12 X 10/100/1000 FIXED Limited 03/31/ POE L2 SWITCH POE L2 SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 D2G124- Fixed L2 12 X 10/100/1000 POE L2 12 X 10/100/1000 POE Limited 03/31/ 12P-G SWITCH TAA L2 SWITCH TAA Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 D2- Fixed L2 D2 WALLMOUNTED No 12/31/ LOCKBOX LOCKBOX Warranty 2022 D2POL-LIC Fixed L2 POLICY LICENSE FOR POLICY LICENSE FOR Limited 04/01/ D2 SWITCHES D2 SWITCHES Lifetime 2024 Warranty with express Advanced Hardware Replacem ent-2 D2-PWR- Fixed L2 EXTERNAL POE POWER EXTERNAL POE Limited 03/31/ POE BRICK FOR D2 POWER BRICK FOR D2 Lifetime 2022 SWITCHES SWITCHES Warranty with express Advanced Hardware Attachment D Page 315 of 471 Page 389 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent-2 D2-RMT Fixed L2 D2 RACK MOUNT KIT No 12/31/ Warranty 2022 D2-TBL- Fixed L2 D2 UNDER TABLE No 12/31/ T MOUNT KIT Warranty 2022 2-WALL- Fixed L2 WALL MOUNT FOR D2 No 12/31/ T Warranty 2022 DEMS-A1- Intrusion EMS APPLIANCE FOR 25 EMS APPLIANCE FOR 1 Year 09/30/ 25 Defense NODES 25 NODES Warranty 2020 DEMS-A1- Intrusion DEMSA125 HW ONLY DEMSA125 HW ONLY 1 Year 09/30/ 25R Defense FOR UPGRADES FOR UPGRADES Warranty 2020 DEMS-AI-U Intrusion EMS APPLIANCE WITH EMS APPLIANCE WITH 1 Year 09/30/ Defense NO NODE MGMT NO NODE MGMT Warranty 2020 STRICT RESTRICT DIPS-FE-TX Intrusion DRAGON IPS ADDON 1 Year 09/30/ Defense TO DIPAFECOPPER FO Warranty 2020 DNIC- Intrusion 2PORT 10GIG FIBER NIC 2PORT 10GIG FIBER 1 Year 09/30/ 2X10G-SR Defense NIC Warranty 2020 DNIC- Intrusion 4PORT TRIPLE SPD 4PORT TRIPLE SPD 1 Year 09/30/ 4PORT-SX Defense FIBER NIC FIBER NIC Warranty 2020 DNIC- Intrusion 4PORT TRIPLE SPD CU 4PORT TRIPLE SPD CU 1 Year 09/30/ 4PORT-TX Defense NIC NIC Warranty 2020 DNICFO- Intrusion 4PORT FAILOPEN CU 4PORT FAILOPEN CU 1 Year 09/30/ 4PORT-TX Defense NIC NIC Warranty 2020 DNIC- Intrusion 2X10G HIGH PRF NIC 2X10G HIGH PRF NIC 1 Year 09/30/ HS2X10G-S Defense FOR IDS/IPS MG FOR IDS/IPS MG Warranty 2020 DNIC- Intrusion HIGH PERF 4PT NIC FOR HIGH PERF 4PT NIC 1 Year 09/30/ HS4PORT- Defense IDS/IPS MG FOR IDS/IPS MG Warranty 2020 SX DNIDS-V- Intrusion NETWORK S Software 09/30/ 100 Defense SOFTWARE 100 MBPS Warranty 2020 LIMIT DNIDS-V- Intrusion NETWORK S Software 09/30/ 250 Defense SOFTWARE 250 MBPS Warranty 2020 LIMIT DNIDS-V- Intrusion NETWORK S Software 09/30/ 500 Defense SOFTWARE 500 MBPS Warranty 2020 LIMIT DNIPS-Al- Intrusion DNIPSAIGHWONLY DNIPSAIG HW ONLY 1 Year 09/30/ GR Defense FOR UPGRADES FOR UPGRADES Warranty 2020 DNIPS-Al- Intrusion INLINE IPS/IDS APPL 6 INLINE IPS/IDS APPL 6 1 Year 09/30/ G Defense GBPS IC GBPS NIC Warranty 2020 DSEMS7- Intrusion DRAGON ENTERPRISE 1 Year 09/30/ ME Defense MANAGEMENT Warranty 2020 SOFTWARE Attachment D Page 316 of 471 Page 390 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. DSEMS7-SE Intrusion DRAGON ENTERPRISE 1 Year 09/30/ Defense MANAGEMENT Warranty 2020 SOFTWARE EB 1639193 EAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ LARGE LARGE Warranty 2021 EB 1639194 EAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ SMALL SMALL Warranty 2021 EB1639195 EAN IDE GUEST and IOT IDE GUEST and IOT Software 12/31/ MANAGER MANAGER Warranty 2021 EB1639197 EAN IDE TACACS+ IDE TACACS+ Software 12/31/ Warranty 2021 EB 1639245 EAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ LITE LITE Warranty 2021 EC 1100010- EAN ONA 1101 GT ONA 1101 GT 1+1 1000 1 Year E6 BASET PORT.OPTNL Warranty AC ADAPTER SOLD SEPARATELY. EC4005A03- EAN VSP 4450 HTACPSU NO VSP 4450 Limited E6HT POWER CORD HIGHTEMPAC POWER Lifetime SUPPLY UNIT NO Warranty POWERCORD with express Advanced Hardware Replacem ent EC4400004- EAN 4450GSXDC Virtual Services Platform Limited 11/30/ E6 4450GSXPWR+with 36 Lifetime 2024 port 100/1000 Mbps SFP Warranty 12 port 10/100/1000 plus with 2 1/10G SFP+ ports. Inc. express Base Software License 1 Advanced Field replaceable 30OW Hardware PSU. Replacem ent EC4400A03- EAN 4450GTXHTPWR+NO Virtual Services Platform Limited E6 POWER CORD 4450GTXHTPWR+ High Lifetime temperature with 48 port Warranty 10/100/1000 802.3at with PoE+ plus 2 1/10G SFP+ express ports. Inc. Base Software Advanced License 1 Field Hardware replaceable 1000W PSU. Replacem o Power Cord ent Attachment D Page 317 of 471 Page 391 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EC4400A05- EAN VSP4450GSXPWR+NO Virtual Services Platform Limited E6 PC 4450GSXPWR+with 36 Lifetime port 100/1000 Mbps SFP Warranty 12 port 10/100/1000 with 802.3 at PoE+ plus 2 express I/IOG SFP+ports. Inc. Advanced Base Software License I Hardware Field replaceable 1000W Replacern PSU. No PC) ent EC4400A05- EAN VSP4450GSXPWR NO PC Virtual Services Platform Limited E6GS 4450GSXPWR+with 36 Lifetime port 100/1000 Mbps SFP Warranty 12 port 10/100/1000 with 802.3 at PoE+ plus 2 express I/IOG SFP+ports. Inc. Advanced Base Software License I Hardware Field replaceable 1000W Replacern PSU. No Power Cord) ent EC4800078- EAN VSP4850GTS DC VSP4850GTS DC Limited 11/30/ E6 Lifetime 2024 Warranty with express Advanced Hardware Replacern ent EC4800078- EAN VSP4850GTS DC VSP4850GTS DC TAA Limited 11/30/ E6GS Lifetime 2024 Warranty with express Advanced Hardware Replacern ent EC4800A78- EAN VSP4850GTS NO PC VSP4850GTS NO PC Limited 11/30/ E6 Lifetime 2024 Warranty with express Advanced Hardware Replacern ent Attachment D Page 318 of 471 Page 392 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EC4800A88- EAN VSP4850GTSPWR+NO VSP4850GTSPWR+NO Limited 11/30/ E6 PC PC Lifetime 2024 Warranty with express Advanced Hardware Replacem ent EC4800A88- EAN VSP4850GTSPWR+NO VSP4850GTSPWR+NO Limited 11/30/ E6GS PC PC TAA Lifetime 2024 Warranty with express Advanced Hardware Replacem ent EC72000IF- EAN VSP 7254XSQ F2B DC Virtual Services Limited E6 PSU 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacem ent EC72000IF- EAN VSP 7254XSQ F2B DC Virtual Services Limited E6GS PSU GSA 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacem ent EC720002F- EAN VSP 7254XTQ F2B DC Virtual Services Limited E6 PSU 7254XTQ with 48 x Lifetime 100M/1G/10G RJ45 and 6 Warranty x 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacem ent Attachment D Page 319 of 471 Page 393 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EC720002F- EAN VSP 7254XTQ F2B DC Virtual Services Limited E6GS PSU GSA 7254XTQ with 48 x Lifetime 100M/1G/10G RJ45 and 6 Warranty x 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacem ent EC720OAlB EAN VSP 7254XSQ B2F AC Virtual Services Limited -E6 PSU NO PC 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OAlB EAN VSP 7254XSQ B2F AC Virtual Services Limited -E6GS PSU NO PC GSA 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200AIF- EAN VSP 7254XSQ F2B AC Virtual Services Limited E6 PSU NO PC 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200AIF- EAN VSP 7254XSQ F2B AC Virtual Services Limited E6GS PSU NO PC GSA 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent Attachment D Page 320 of 471 Page 394 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EC7200A2B EAN VSP 7254XTQ B2F AC Virtual Services Limited -E6 PSU NO PC 7254XTQ with 48 x Lifetime 100MJ1G/l0GRJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200A2B EAN VSP 7254XTQ B2F AC Virtual Services Limited -EGGS PSU NO PC GSA 7254XTQ with 48 x Lifetime 100MJ1G/l0GRJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200A2F- EAN VSP 7254XTQ F2B AC Virtual Services Limited E6 PSU NO PC 7254XTQ with 48 x Lifetime 100MJ1G/l0GRJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200A2F- EAN VSP 7254XTQ F2B AC Virtual Services Limited E6GS PSU NO PC GSA 7254XTQ with 48 x Lifetime 100MJ1G/l0GRJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200A3B EAN 7254XSQ AC B2F 24 Virtual Services Limited -E6 10G4 40G PRT 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent Attachment D Page 321 of 471 Page 395 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EC7200A3F- EAN 7254XSQ AC F2B 24 Virtual Services Limited E6 10G4 40G PRT 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC7200A4B EAN 7254XTQ AC B2F 24 Virtual Services Limited -E6 10G4 40G PRT 7254XTQ with 48 x Lifetime 100M/1G/l0GRJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC7200A4F- EAN 7254XTQ AC F2B 24 Virtual Services Limited E6 10G4 40G PRT 7254XTQ with 48 x Lifetime 100M/1G/l0GRJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC7200BTF- EAN VSP 7200 SPARE FAN VSP 7200 Limited E6 MODULE B2F BACK2FRONT SPARE Lifetime FAN TRAY Warranty with express Advanced Hardware Replacem ent EC7200FTB- EAN VSP 7200 SPARE FAN VSP 7200 Limited E6 MODULE F2B FRONT2BACK SPARE Lifetime FAN TRAY Warranty with express Advanced Hardware Replacem ent Attachment D Page 322 of 471 Page 396 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EC7205AOB EAN VSP 7200 800W AC PSU VSP 7200 800W AC Limited -E6 B2F (NO PC) POWER SUPPLY BACK Lifetime TO FRONT (NO POWER Warranty CORD) with express Advanced Hardware Replacem ent EC7205AOF- EAN VSP 7200 800W AC PSU VSP 7200 800W AC Limited E6 F2B (NO PC) POWER SUPPLY Lifetime FRONT TO BACK (NO Warranty POWER CORD) with express Advanced Hardware Replacem ent EC7205AIB EAN VSP 7200 460W AC PSU VSP 7200 460W AC Limited -E6 B2F (NO PC) POWER SUPPLY BACK Lifetime TO FRONT (NO POWER Warranty CORD) with express Advanced Hardware Replacem ent EC7205A1F- EAN VSP 7200 460W AC PSU VSP 7200 460W AC Limited E6 F2B (NO PC) POWER SUPPLY Lifetime FRONT TO BACK (NO Warranty POWER CORD) with express Advanced Hardware Replacem ent EC7205EOF- EAN VSP 7200 800W AC PSU VSP 7200 800W AC Limited E6 F2B NO PC ERATE POWER SUPPLY Lifetime FRONT TO BACK NO Warranty PWR CORD ERATE with ONLY express Advanced Hardware Replacem ent Attachment D Page 323 of 471 Page 397 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EC8005001- EAN VSP 7200 8000 800W DC VSP 7200 8000 800W DC 1 Year E6 PSU FTB COOL POWER SUPPLY FTB Warranty COOLING EC8005A01- EAN VSP 8000 100240V AC VSP 8000 100240V 1 Year E6 PSU (No PC) 800W AC Power Supply Warranty 0 power cord EC8011002- EAN VSP 8K Chas Rck Mnt Kit VSP 8000 Chassis 1 Year E6 300900mm Universal Slide Rack Warranty Mount Kit(300mm 900mm EC8011003- EAN VSP 8000 Chassis PS Filler VSP 8000 Chassis Power 1 Year E6 Panel Supply Filler Panel Warrant EC8011004- EAN VSP 8200 CHASSIS VSP 8200 CHASSIS 1 Year E6 SPARE FAN TRAY SPARE FAN TRAY Warrant EC8011005- EAN VSP 8400 CHASSIS VSP 8400 CHASSIS 1 Year E6 SPARE FAN MODULE SPARE FAN MODULE Warranty QUANTITY 1 EC8200A01- EAN VSP 8284XSQ AC PS No Virtual Services Platform Limited E6 PC 8284XSQ with 80 10G Lifetime SFP+ and 4 40G QSFP+ Warranty ports 1 800 W AC PS (no with PC). Must order 1 Slide express Rack Mount kit Advanced separately. Note Includes Hardware Base License Fan Trays. Replacem Pluggable transceivers ent sold separately. EC8200A01- EAN VSP 8284XSQ AC PS No Virtual Services Platform Limited E6GS PC GSA 8284XSQ with 80 10G Lifetime SFP+ and 4 40G QSFP+ Warranty ports 1 800 W AC PS (no with PC). Must order 1 Slide express Rack Mount kit Advanced separately. GSA Version. Hardware Note Includes Base Replacem License Fan Trays. ent Pluggable transceivers sold separately. EC8400002- EAN 8404C CHASSIS 4 SLOTS VSP 8400C 100G chassis 1 Year E6 1 DC PS with 4 IO module slots 1 Warranty 800 W DC power supply included EC8400A02- EAN 8404C CHASSIS 4 SLOTS VSP 8400C 100G chassis 1 Year E6 1 AC PS NO PC with 4 IO Module slots 1 Warranty 800 W AC power supply included No power cord Attachment D Page 324 of 471 Page 398 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EC8400A02- EAN 8404C CHASS 4 SLOT 1 VSP 8400C 100G chassis 1 Year E6GS AC PS NO PC GSA with 4 IO Module slots 1 Warranty 800 W AC power supply included No power cord EC8400E02- EAN 8404C CHAS 4 SLOTS 1 8404C CHASSIS 4 1 Year E6 AC PS NO PC ERATE SLOTS 1 AC PS PWR Warranty CORD ERATE ONLY 4 FANS NO PWR CORD ERATE ONLY EC8404001- EAN 8424XS ESM 24 PORT VSP 8400 24 port 1/10G 1 Year E6 1/10G SFP+ SFP+IO Module Warrant EC8404001- EAN 8424XS 24 PORT 1/10G 8424XS ESM 24 PORT 1 Year E6GS SFP+ GSA 1/10G SFP+ GSA Warranty VERSION EC8404002- EAN 8424XT ESM VSP 8400 24 port 1/10G 1 Year E6 24x100M/1G/10G BASET Copper IO Module Warrant EC8404002- EAN 8424XT 24xl00M/1G/10G 8424XT ESM 24 PORT 1 Year E6GS BASET GSA 100M/1G/10G BASET Warranty GSA VERSION EC8404003- EAN 8408QQ ESM 8 PORT 40G VSP 8400 8 port 40G 1 Year E6 QSFP+ QSFP+IO Module Warrant EC8404003- EAN 8408QQ 8 PORT 40G 8408QQ ESM 8 PORT 1 Year E6GS QSFP+ GSA 40G QSFP+ GSA Warranty VERSION EC8404005- EAN 8418XSQESM 16x1/10G VSP 8400 16 port 1/10G 1 Year E6 SFP+2x40G QSFP+ SFP+ and 2 port 40G Warranty QSFP+ combination IO Module EC8404005- EAN 8418XSQ 16x1/10G 8418XSQ ESM 16 PORT 1 Year E6GS SFP+2x40G QSFP+GSA 1/10G SFP+2 PORT 40G Warranty QSFP+ COMBO GSA VERSION EC8404006- EAN 8418XTQ 16 PT 1/10G VSP 8400 16 port 1/10G 1 Year E6 CU2 PT 40G QSFP+ Copper and 2 port 40G Warranty QSFP+ combination IO Module EC8404006- EAN 8418XTQ 16 1/10G CU2 8418XTQ ESM 16 PORT 1 Year E6GS 40G QSFP+ GSA 1/10G BASET U 2 PORT Warranty 40G QSFP+ GSA EC8404007- EAN 8424GS 24 PORT VSP 8400 24 port 1 Year E6 100M/1G SFP 100/1000 Mbps SFP IO Warranty Module EC8404007- EAN 8424GS 24 PORT 8424GS ESM 24 PORT 1 Year E6GS 100M/1G SFP GSA 100M/1G SFP GSA Warrant Attachment D Page 325 of 471 Page 399 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EC8404008- EAN 8424GT 24 PORT VSP 8400 24 port 1 Year E6 10M/100M/1G CU 10/100/1000 Mbps Warranty Copper IO Module EC8404008- EAN 8424GT 24 PORT 8424GT ESM 24 PORT 1 Year E6GS 10M/100M/1G CU GSA 10M/100M/1G BASET Warranty GSA EC8404009- EAN 8402CQ ESM 2 PORT VSP 8400 2 port 100G IO 1 Year E6 100G QSFP28 Module Warrant EC8404009- EAN 8402CQ ESM 2 PORT 8402CQ ESM 2 PORT 1 Year E6GS 100G QSFP28 GSA 100G QSFP28 GSA. Warranty TRANSCEIVERS NOT INCL. EC8411002- EAN VSP 8404 ESM FILLER VSP 8400 ETHERNET 1 Year E6 PANEL SWITCH MODULE Warranty FILLER PANEL EC8602001- EAN VSP8608 Chassis includes VSP8608 Chassis 1 Year E6 5 Fan Trays includes 5 Fan Trays Warrant EC8602002- EAN VSP8608 Bundle. Incl VSP8608 Bundle. Incl 1 Year E6 3xSF 4xACPSU 3xSF 4xACPSU Warrant EC8602003- EAN VSP8608 Bundle. Incl VSP8608 Bundle. Incl 1 Year E6 3xSF 4xDCPSU 3xSF 4xDCPSU Warrant EC8604001- EAN VSP8608 Switch Fabric VSP8608 Switch Fabric 1 Year E6 Module Module required for Warranty Fabric Slots 57 EC8604002- EAN 8624XS IOC 24x1G/10G 8624XS 24 port 1G/10G 1 Year E6 SFP+ SFP+IOC Module Warrant EC8604003- EAN 8624XT IOC 8624XT 24 port 1 Year E6 24x100M/1G/10G BASET 100M/1G/10G BASET Warranty IOC Module EC8604004- EAN 8616QQ IOC 16x40G 8616QQ 16 port 40G 1 Year E6 QSFP+ QSFP+IOC Module Warrant EC8604005- EAN 8606CQ IOC 6x100G 8606CQ 6 port 100G 1 Year E6 QSFP28 QSFP28 IOC Module Warrant EC8605A01- EAN VSP8608 3000W AC PSU VSP8608 3000W AC 1 Year E6 No Power Cord PSU No Power Cord Warrant EC8605A02- EAN VSP8608 250OW DC PSU VSP8608 250OW DC 1 Year E6 No Power Cord PSU No Power Cord Warrant EC8611001- EAN VSP8608 Spare Fan VSP8608 Spare Fan 1 Year E6 Module Module Warrant EC8611002- EAN VSP8608 Spare IOC Filler VSP8608 Spare IOC 1 Year E6 Panel Filler Panel Warrant EC8611003- EAN VSP8608 Spare PSU Filler VSP8608 Spare PSU 1 Year E6 Panel Filler Panel Warrant EC8611004- EAN VSP8608 Chassis Rack VSP8608 Chassis Rack 1 Year E6 Mount Kit Mount Kit Warrant Attachment D Page 326 of 471 Page 400 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EC8611005- EAN VSP8608 Cable Guide Kit VSP8608 Cable Guide Kit 1 Year E6 Warranty EC8611006- EAN VSP8608 PSU Cover VSP8608 PSU Cover 1 Year E6 Warranty EIO-03 Smart EIO03 Underseat Mounting 1 Year OmniEdge Solution for AP560i Warranty Wireless EIO-03-SP Smart E1003 SP Service Panel for No OmniEdge 560i/ 560h Warranty Wireless EN- SRA IP ADD ON LICENSE 100 Adds IP management SW Software 11/20/ NTWADV- DEVICES license FOR 100 devices Warranty 2020 IP-100 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is re uired. EN- SRA IP ADD ON LICENSE Adds IP management SW Software 11/20/ NTWADV- 1000 DEVICES license for 1000 devices Warranty 2020 IP-1000 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is re uired. EN- SRA IP ADD ON LICENSE 500 Adds IP management SW Software 11/20/ NTWADV- DEVICES license for 500 devices Warranty 2020 IP-500 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is re uired. EN- SRA IP MGMT SWKIT INT IP management SW Software 11/20/ NTWADV- ORDER50DEVICES license for up to 50 Warranty 2020 IP-BASE devices required for initial purchase of IP only management minimum of one year support is re uired. EN- SRA POWER CORD CHINA POWER CORD CHINA No PC15CHINA PRC/3/16 TO C19 16A PRC/3/16 TO C19 16A Warrant EN- SRA POWER CORD CHINA POWER CORD CHINA No PC15CHINA IEC309 TO C19 16A 2 IEC309 TO C19 16A 2 Warranty -IEC3 09 EN- SRA POWER CORD B 15K Power Cord for RPS4 and No PC15EURO EUROPEAN SIACPWR European Warranty version Attachment D Page 327 of 471 Page 401 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EN- SRA POWER CORD INDIA POWER CORD INDIA No PC151NDIA- BS1363 TO C19 13A 2 BS1363 TO C19 13A 2 Warranty BS1363 EN- SRA POWER CORD INDIA Power cord uses British No PC151NDIA- BS546 TO C19 16A 25 Standard plug for use in Warranty BS546 India (reseller Dlink) and South Africa. EN-PC15UK SRA POWER CORD B15K UK Power Cord for RPS4 and No VERSION SIACPWR United Warranty Kingdom version EN- SRA POWER CORD B 15K US Power Cord for RPS4 and No PCISUSA VERSION SIACPWR USA version Warranty NEMA 520P Plug 20a EN- SRA ACCESSORY RPS4 250v Cord for RPS4 and No PCISUSA- POWER CORD USA SIACPWR USA version Warranty NEMA615 VERSION NEMA 615P Plug 15 am EN-PCAUS SRA PC RPS5/8/9RPSX424 POWER CORD FOR No RPSX448 AUSTRALIA USE IN AUSTRALIA Warrant EN-PCAUS- SRA POWER POWER No EPS CORDAUSTRALIA15A25 CORDAUSTRALIA15A2 Warranty OV 50V EN-PC- SRA PWRCDCl3/C14 15A C13/C14 15A Power Cord No C13C14 POWER CORD Warrant EN- SRA PC RPS9CHINAIOA PC RPS9CHINAIOA No PCCHINA- 250VAC INPUT 250VAC INPUT Warranty 250 EN- SRA POWER POWER CORD CHINA No PCCHINA2- CORDCHINAIEC309 TO IEC309 TO C13 10A Warranty IEC309 C1310A250V 250V EN- SRA POWER CORD CHINA Power Cord China No PCCHINA- IEC309 TO C13 10A 1 IEC309 TO C13 10A Warranty IEC309 110V 2.5M EN- SRA PC FOR RPS2/3/5/9 Power Cord for No PCEURO EUROPEAN VERSION 52/3/5/9 European Warranty version EN- SRA POWER POWER No PCEURO- CORDEUROMA250V CORDEUROMA250VC Warranty EPS EE 7/7 EUROPC 191.8MR6 EN- SRA SINGLE 6 FOOT AC SINGLE 6 FOOT AC No PCINDIA POWER CORD FOR POWER CORD FOR Warranty INDIA INDIA Attachment D Page 328 of 471 Page 402 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EN- SRA POWER POWER No PCINDIA- CORDINDIA16A250V CORDINDIAI6A/250V Warranty EPS EN- SRA PWRCDITALY10A250V2. PWRCDITALYlOA250V No PCITALY- 5MCEI2316/C13 2.5MCEI2316/C13 Warranty CEI EN- SRA PC FOR RPS2/3/5/9 Power Cord for No PCJAPAN JAPAN VERSION 52/3/5/9 Japan version Warrant EN- SRA POWER CORD IEC 320 Power Cord IEC 320 C19 No PCJAPAN- C19 TO NEMA 515 JAP to NEMA 515 Japan PSE Warranty C 19 certified EN- SRA POWER POWER No PCJAPAN- CORDJAPAN15A250V CORDJAPAN15A250V Warranty EPS EN- SRA POWER POWER CORD SWISS No PCSWISS- CORDSWISS10A250VHA SEV1011 TO C13 10A Warranty C1312G-HF LOGENFREE 250V HALOGENFREE EN-PCUK SRA PC FOR RPS2/3/5/9 UK Power Cord for No VERSION 52/3/5/9 United Warranty Kingdom version EN-PCUK- SRA POWER POWER No EPS CORDUK13A250V CORDUK13A250V Warrant EN-PCUSA SRA PC RPS2/3/5/9USA NEMA Power Cord for No 515P10A/125V 52/3/5/9 USA version Warranty 910 10 EN-PCUSA2 SRA POWER CORD USA POWER CORD USA No NEMA515/C13 13A 125V NEMA515/C13 13A Warranty 125V EN-PCUSA- SRA PC FOR 52/3/5/9 USA Power Cord for No 3M VESION3 TER 52/3/5/9 USA version Warranty NEMA 515P Plug 15 a a EN-PCUSA- SRA POWER CORD IEC Power Cord IEC No C19C20 6032OC19 TO IEC 6032OC19 to IEC Warranty 60320C2 6032OC20 250V 20A EN-PCUSA- SRA PWR CRD IEC 6032OC19 Power Cord IEC No C19L620P LCKNG NEMA L620P 6032OC19 to locking Warranty Nema L620P 250V 20A EN-PCUSA- SRA POWER CORD FOR Power Cord for use with No NEMA620 SXACPWR2500POE VDX 8770. NEMA 6/20 Warranty specification. EN-SLX- SRA SLX 9030485 with no PS Extreme SLX 9030485 1 Year 9030-48S-4C and no fans with No Power supplies Warranty No fans Supports 48x10GE/1GE+ 4x 100GE/40GE Attachment D Page 329 of 471 Page 403 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EN-SLX- SRA SLX 9030485 AC Front to Extreme SLX 9030485 1 Year 9030-485- Back Airflow Switch AC with Front to Warranty 4C-AC-F Back Airflow Supports 48xlOGE/1GE+ 4x 100GE/40GE EN-SLX- SRA SLX 9030485 AC Back to Extreme SLX 9030485 1 Year 9030-48S- Front Airflow Switch AC with Back to Warranty 4C-AC-R Front Airflow Supports 48xlOGE/1GE+ 4x 100GE/40GE EN-SLX- SRA SLX 903048T with no PS Extreme SLX 903048T I Year 9030-48T-4C and no fans IOGBaseT Switch with Warranty No Power supplies No fans Supports 48xlOGE/1GE+ 4x 100GE/40GE EN-SLX- SRA SLX 903048T AC Front to Extreme SLX 903048T 1 Year 9030-48T- Back Airflow IOGBaseT Switch AC Warranty 4C-AC-F with Front to Back Airflow Supports 48xlOGE/1GE+ 4x 100GE/40GE EN-SLX- SRA SLX 903048T AC Back to Extreme SLX 903048T 1 Year 9030-48T- Front Airflow IOGBaseT Switch AC Warranty 4C-AC-R with Back to Front Airflow Supports 48xlOGE/1GE+ 4x 100GE/40GE EN-SLX- SRA SLX 9030 Advanced SLX 9030 Advanced Software 9030-ADV- Feature License Feature License Warranty LIC-P EN-SLX- SRA 24XIOGE+4X100GE Extreme SLX 9640245 1 Year 9640-245 ROUTER Router. Supports Warranty 24xlOGE/1GE+ 4x100GE/40GE. (24S+4C sku no Power supplies or Fans EN-SLX- SRA 24XIOGE+12X100GE Extreme SLX 9640245 1 Year 9640-24S- ROUTER Router. Supports Warranty 12C 24xlOGE/1GE+ 12x100GE/40GE. (All ports 24S+12C sku with no Power supplies or Fans Attachment D Page 330 of 471 Page 404 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EN-SLX- SRA 24X10GE+12X100GE Extreme SLX 9640245 1 Year 9640-245- ROUTER AC PRTSD Router AC with Front to Warranty 12C-AC-F INTK Back airflow. Supports 24x10GE/1GE+ 12xl00GE/40GE.(1 Power supply 6 Fans EN-SLX- SRA 24X10GE+4X100GE Extreme SLX 9640245 1 Year 9640-24S- ROUTER AC PRTSD Router AC with Front to Warranty AC-F INTK Back airflow. Supports 24x10GE/1GE+ 4xl00GE/40GE.(1 Power supply 6 Fans EN-SLX- SRA EXT SW LICENSE TO Extreme SLX 9640 Ports Software 9640-4C- ENABLE 4 PORT of 100G on Demand License for 4 Warranty POD-P ports of 100GE/40GE Uplinks EN-SLX- SRA EXTERNAL SW Extreme SLX 9640 Software 9640-ADV- LICENSE TO ENABLE Advanced Feature License Warranty LIC-P ADV LIC EN-SX- SRA POWER CORD FOR USE POWER CORD FOR No PCAUS IN AUSTRALIVNEW USE IN Warranty ZEAL AUSTRALIVNEW ZEAL EWC-INCR- SRA EWC ADDITIONAL 100 Workflow Composer 100 Software 100 TARGETS targets addon Warrant EWC-STD- SRA EWC STD WITH HA Workflow Composer Software HA-100 Standard Software with Warranty HA includes 100 Targets EXOS- Smart X465 EXOS CORE Feature Core Feature Pack for Software CORE-FP- OmniEdge Pack Extreme Switching X465 Warranty X465 Switching EXOS- Smart X465 EXOS MACsec MACsec Feature Pack for Software MACSEC- OmniEdge Feature Pack Extreme Switching X465 Warranty FP-X465 Switching EXOS- Smart X465 EXOS MPLS Feature MPLS Feature Pack for Software MPLS-FP- OmniEdge Pack Extreme Switching X465 Warranty X465 Switching EXOS- Smart X590 EXOS MPLS Feature MPLS Feature Pack for Software MPLS-FP- OmniEdge Pack Extreme Switching X590 Warranty X590 Switching G3G-24TX Fixed L3 G3 UO CARD 24 TX 2 Lifetime 09/30/ SFP COMBO PORTS Warranty - 2020 D Delivery G3 V6-LIC Fixed L3 G3 IPV6 ROUTING G3 IPV6 ROUTING Software 08/30/ LICENSE LICENSE Warranty 2024 Attachment D Page 331 of 471 Page 405 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. G3L3-LIC Fixed L3 G3 ADV. ROUTING G3 ADV. ROUTING Software 08/30/ LICENSE PIM OSPF LICENSE PIM OSPF Warranty 2024 VRRP VRRP I3 -12TX Fixed L2 INDUSTRIAL SWITCH 12 INDUSTRIAL SWITCH 1 Year 06/30/ PT 10/100 UO CARD 12 PT 10/100 UO CARD Warranty 2020 I31-1252- Fixed L2 FACTORY FACTORY 5 Year 06/30/ 12TX CONFIGURED I31-125202 CONFIGURED Warranty 2020 I3H12TX I31-125202 I3H12TX I3252- Fixed L2 16 PORT 100ASEFX 16 PORT 100ASEFX 5 Year 06/30/ 16FXM ISERIES SWITCH ISERIES SWITCH Warranty 2020 I31-1252- Fixed L2 FACTORY FACTORY 5 Year 06/30/ 24TX CONFIGURED 24 PT CONFIGURED 24 PT Warranty 2020 10/100ISERIES 10/100ISERIES I31-1252- Fixed L2 8 100BASEFX 12 TX 8 100BASEFX 12 TX 5 Year 06/30/ 8F -12TX ISERIES SWITCH ISERIES SWITCH Warranty 2020 I3H-8FX- Fixed L2 INDUSTRIAL SWITCH 8 INDUSTRIAL SWITCH 5 Year 06/30/ MM PT MMF FX I/O CARD 8 PT M FX UO CARD Warranty 2020 I3H-DIN- Fixed L2 DIN RAIL KIT FOR DIN RAIL KIT FOR No 06/30/ KIT ISERIES SWITCH ISERIES SWITCH Warranty 2022 I3H-PWR Fixed L2 24VDC POWER UNIT 1 Year 06/30/ FOR ISERIES SWITCH Warranty 2020 I3H-RACK- Fixed L2 19 RACK MOUNT KIT 19 RACK MOUNT KIT No 06/30/ MNT FOR ISERIES SWITCH FOR ISERIES SWITCH Warranty 2022 IA-A-20 Enterasys IDENTITY ACCESS IDENTITY ACCESS 1 Year 12/29/ Sentinel APPLIANCE 3000 ES APPLIANCE 3000 ES Warranty 2022 IA-A-300 Enterasys IA HW APPLIANCE FOR IA HW APPLIANCE 1 Year 12/29/ Sentinel ENTERPRISE FOR ENTERPRISE Warranty 2022 LICENSING LICENSING IA-ES-12K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel LICENSE FOR 12K ES LICENSE FOR 12K ES Warrant IA-ES-1K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel LICENSE FOR 1K ES LICENSE FOR 1K ES Warranty I IA-ES-3K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel LICENSE FOR 3K ES LICENSE FOR 3K ES Warrant IA-GIM-12K NAC GUESTIOTMNGR NAC Software ONBOARDING 12K GUESTIOTMANAGER Warranty USES/ES FOR ONBOARDING 12 USERS/END SYSTEMS IA-GIM-1K NAC GUESTIOTMNGR NAC Software ONBOARDING 1K GUESTIOTMANAGER Warranty USERS/ES FOR ONBOARDING 1K USERS/ENDSYSTEMS IA-GIM-3K NAC GUESTIOTMNGR NAC Software ONBOARDING 3K GUESTIOTMANAGER Warranty USES/ES Attachment D Page 332 of 471 Page 406 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. FOR ONBOARDING 3 USERS/END SYSTEMS IA-PA-12K Enterasys IA 12000 ES SEC IA 12000 ES SEC Software Sentinel POSTURE ASSESSMENT POSTURE Warranty LIC ASSESSMENT LIC IA-PA-3K Enterasys IA 3000 ES SEC IA 3000 ES SEC Software Sentinel POSTURE ASSESSMENT POSTURE Warranty LIC ASSESSMENT LIC I-MGBIC- Fixed L2 INDUSTRIAL 1000LX INDUSTRIAL 1000LX 1 Year GLX SFP SFP Warrant I-MGBIC- Fixed L2 INDUSTRIAL 1000SX INDUSTRIAL 1000SX 1 Year GSX SFP SFP Warrant I-MGBIC- Fixed L2 KM 1000ASELX MM KM 1000ASE-LX, MM 1 Year LC03 Warrant K10- Modular K10 192 PORT TRIPLE Limited 04/30/ 192TRPL- L3 SPEED BUNDLE Lifetime 2024 BUN Switching Warranty - 10 Business Day Ship K10- Modular KSERIES 10 SLOT KSERIES 10 SLOT Limited 04/30/ CHASSIS L3 CHASSIS AND FAN CHASSIS AND FAN Lifetime 2024 Switching TRAY TRAY Warranty - 10 Business Day Ship 10-FAN Modular K 10 FAN TRAY K 10 FAN TRAY Limited 04/30/ L3 Lifetime 2024 Switching Warranty - 10 Business Day Ship 10- - Modular K 10 MIDMOUNT KIT 1 Year 04/30/ KIT L3 Warranty 2024 Switching K6-120SFP- Modular K6 120 PORT SFP Limited 04/30/ BUN L3 BUNDLE Lifetime 2024 Switching Warranty - 10 Business Day Ship K6- Modular KSERIES 6 SLOT KSERIES 6 SLOT Limited 04/30/ CHASSIS L3 CHASSIS AND FAN CHASSIS AND FAN Lifetime 2024 Switching TRAY TRAY Warranty - 10 Attachment D Page 333 of 471 Page 407 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Business Day Ship 6-FAN Modular K6 FAN TRAY K6 FAN TRAY Limited 04/30/ L3 Lifetime 2024 Switching Warranty - 10 Business Day Ship K6-MID- Modular K6 MIDMOUNT KIT 1 Year 04/30/ KIT L3 Warranty 2024 Switching K-AC-PS Modular KSERIES POWER KSERIES POWER 1 Year 04/30/ L3 SUPPLY SUPPLY Warranty 2024 Switching K-EOS-L3 Modular ADVANCED ROUTING ADVANCED ROUTING Software 04/30/ L3 LICENSE LICENSE Warranty 2024 Switching K-EOS-PPC Modular KSERIES PER PORT KSERIES PER PORT Software 04/30/ L3 USER CAPACITY USER CAPACITY Warranty 2024 Switching LICENSE LICENSE K-EOS-VSB Modular KSERIES VSB LICENSE KSERIES VSB LICENSE Software 04/30/ L3 Warranty 2024 Switching KG2001- Modular K 24 PORT 1GB SFP IOM K 24 PORT 1GB SFP Limited 04/30/ 0224 L3 IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship G2001- Modular K24PORTIGBSFPIOM K24PORTIGBSFP Limited 04/30/ 0224-G L3 IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship 2008- Modular K 4 PORT I OGB SFP+ K 4 PORT I OGB SFP+ Limited 04/30/ 0204 L3 IOM IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship 2008- Modular K6 MGMT/FABRIC W 4 K6 MGMT/FABRIC W 4 Limited 04/30/ 0204-F 1 L3 I OGB VIA SFP+ I OGB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Attachment D Page 334 of 471 Page 408 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Business Day Ship KK2008- Modular K6 MGMT/FABRIC W 4 K6 MGMT/FABRIC W 4 Limited 04/30/ 0204-F I G L3 10G VIA SFP+ 10G VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular KI0MGMT/FABRICW4 KI0MGMT/FABRIC W Limited 04/30/ 0204-172 L3 I 0GB VIA SFP+ 4 1 0GB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular KI0MGMT/FABRICW4 KI0MGMT/FABRIC W Limited 04/30/ 0204-F2G L3 I 0GB VIA SFP+ 4 1 0GB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K 4 PORT 10G SFP+ K 4 PORT 10G SFP+ Limited 04/30/ 0204-G L3 IOM IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship K-POE- Modular K EXTERNAL 4 BAY K EXTERNAL 4 BAY I Year 04/30/ 4BAY L3 POWER SHELF POWER SHELF Warranty 2024 Switching K-POE- Modular MOUNTING KIT FOR I Year 04/30/ 4BAY-RAIL L3 KPOE413AY POWER Warranty 2024 Switching SHELF K-POE- Modular K POE POWER TO HS I Year 04/30/ CBL-2M L3 CHASSIS CABLE 2M Warranty 2024 Switching KT-135628- WiNG UNIVERSAL UNIVERSAL I Month 01 Wireless MOUNTING KIT FOR MOUNTING KIT FOR Warranty EWLAN APS EWLAN APS Wing KT-147407- WiNG OUTDOOR AP OUTDOOR AP I Month 09/13/ 01 Wireless MOUNTING MOUNTING Warranty 2020 HARDWARE KIT HARDWARE KIT Wing T-147407- WiNG OUTDOOR HDW KIT SS OUTDOOR MOUNTING I Month 02 Wireless HARSH HARDWARE KIT FOR Warranty ENVIRONMENTS OUTDOOR ACCESS Wing POINTS STAINLESS Attachment D Page 335 of 471 Page 409 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. STEEL FOR HARSH ENVIRONMENTS KT-150173- WiNG OUTDOOR AP 12 IN EXT OUTDOOR AP 12 IN I Month 01 Wireless ARM FOR MNTG KIT EXT ARM FOR MNTG Warranty KIT Wing KT-153676- WiNG OUTDOOR RJ45 OUTDOOR RJ45 I Month 01 Wireless CONNECTOR PLUG KIT CONNECTORPLUG Warranty KIT Wing KT-158767- WiNG KIT AP7161 VEHICLE KIT AP7161 VEHICLE I Month 01 Wireless MOUNT MOUNT Warranty Wing KT2006- Modular K 24 PORT 10/100/1000 K 24 PORT 10/100/1000 Limited 04/30/ 0224 L3 802.3AT POE IOM 802.3AT POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT2006- Modular K 24 PORT 10/100/1000 K 24 PORT 10/100/1000 Limited 04/30/ 0224-G L3 802.3AT POE IOM 802.3AT POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT2010- Modular K 24 PORT MINI 21 K 24 PORT MINI 21 Limited 04/30/ 0224 L3 802.3AT POE IOM 802.3AT POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT2010- Modular K 24 PORT MINI 21 K 24 PORT MINI 21 Limited 04/30/ 0224-G L3 802.3AT POE IOM 802.3AT POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT-6511- WiNG AP4511 Opt 3port Eth Optional threeport I Month 12/01/ 0000D-WR Wireless Module Ethernet Module for Warranty 2019 AP4511 Wing LBS-CLD- WiNG LBS CLOUD IOOAP I lyear LBS cloud Software I00A-P-PV- Wireless YEAR PV subscription paperless Warranty IYR voucher for 100 APs LBS-CLD- WiNG LBS CLOUD IOOAP 3 3year LBS cloud Software 100 -PV- Wireless YE PV subscription paperless Warranty 3YR voucher for 100 APs Attachment D Page 336 of 471 Page 410 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. LBS-CLD- WING LBS CLOUD 100AP 5 5year LBS cloud Software 100 -PV- Wireless YE PV subscription paperless Warranty 5YR voucher for 100 APs LBS-CLD- WiNG LBS CLOUD IOAP 1 lyear LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 1 YR voucher for 10 APs LBS-CLD- WING LBS CLOUD IOAP 3 3year LBS cloud Software 10 -PV- Wireless YE PV subscription paperless Warranty 3YR voucher for 10 APs LBS-CLD- WING LBS CLOUD IOAP 5 5year LBS cloud Software 10 -PV- Wireless YE PV subscription paperless Warranty 5YR voucher for 10 APs LBS-CLD- WiNG LBS CLOUD 1 AP 1 YEAR lyear LBS cloud Software IAP-PV- Wireless PV subscription paperless Warranty 1 YR voucher for 1 AP LBS-CLD- WING LBS CLOUD IAP 3 YEAR 3year LBS cloud Software IAP-PV- Wireless PV subscription paperless Warranty 3YR voucher for 1 AP LBS-CLD- WING LBS CLOUD IAP 5 YEAR 5year LBS cloud Software IAP-PV- Wireless PV subscription paperless Warranty 5YR voucher for 1 AP LBS-CLD- WiNG LBS CLOUD 1000AP 1 lyear LBS cloud Software 1KAP-PV- Wireless YEAR PV subscription paperless Warranty IYR voucher for 1000 APs LBS-CLD- WING LBS CLOUD 1000AP 3 3year LBS cloud Software IKAP-PV- Wireless YE PV subscription paperless Warranty 3YR voucher for 1000 APs LBS-CLD- WING LBS CLOUD 1000AP 5 5year LBS cloud Software IKAP-PV- Wireless YE PV subscription paperless Warranty 5YR voucher for 1000 APs LBS-CLD- WiNG LBS CLOUD 5AP 1 YEAR lyear LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty IYR voucher for 5 APs LBS-CLD- WING LBS CLOUD 5AP 3 YEAR 3year LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 3YR voucher for 5 APs LBS-CLD- WiNG LBS CLOUD 5AP 5 YEAR 5year LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 5YR voucher for 5 APs LBS- Smart LBSLVSTSIOOKPVIYR ExtremeLocation Voucher No LVSTS- OmniEdge for IOOK Long Visits for Warranty IOOK-PV- Applicatio 1 Year 1YR ns LBS- Smart LBSLVSTSIMPVIYR ExtremeLocation Voucher No LVSTS-IM- OmniEdge for IM Long Visits for 1 Warranty PV-1 YR Year Attachment D Page 337 of 471 Page 411 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Applicatio ns LBS- Smart LBSLVSTS250KPVIYR ExtremeLocation Voucher No LVSTS- OmniEdge for 250K Long Visits for Warranty 250K-PV- Applicatio I Year IYR ns LBS- Smart LBSLVSTS500KPVIYR ExtremeLocation Voucher No LVSTS- OmniEdge for 500K Long Visits for Warranty 500K-PV- Applicatio I Year IYR ns LBS- Smart LBSSVSTSIOOKPVIYR ExtremeLocation Voucher No SVSTS- OmniEdge for I OOK Short Visits for Warranty 100K-PV- Applicatio I Year IYR ns LBS- Smart LBSSVSTSIMPVIYR ExtremeLocation Voucher No SVSTS-IM- OmniEdge for IM Short Visits for I Warranty PV-IYR Applicatio Year ns LBS- Smart LBSSVSTS250KPVIYR ExtremeLocation Voucher No SVSTS- OmniEdge for 250K Short Visits for Warranty 250K-PV- Applicatio I Year IYR ns LBS- Smart LBSSVSTS500KPVIYR ExtremeLocation Voucher No SVSTS- OmniEdge for 500K Short Visits for Warranty 500K-PV- Applicatio I Year IYR ns MBO- Smart MBO T02 NMOART02 Articulating I Year ART02 OmniEdge Mtg Brkt Warranty Wireless MGBIC-02 Modular I OOOBASET RJ45 MINI I OOOBASE-T, RJ45 MINI I Year Interfaces GBIC GBIC Warranty MGBIC-08 Modular MINI GBIC MINI GBIC 1000BASE- I Year Interfaces I OOOBASEELX (70KM) I ELX(70KM) I LC PORT Warranty LC PORT MGBIC- Modular 100BASET SFP I Year 12/31/ 1 0013T Interfaces Warranty 2021 MGBIC- Modular IOOOBASEBXIOD IOOOBASE-BXIO-D I Year BXIO-D Interfaces BIDIRECTIONAL SFP BIDIRECTIONAL SFP Warranty MGBIC- Modular IOOOBASEBXIOU IOOOBASE-BXIO-U I Year BXIO-U Interfaces BIDIRECTIONAL SFP BIDIRECTIONAL SFP Warranty MGBIC- Modular IOOOBASEBX120D SFP IOOOBASE-BX120-D I Year BX120-D Interfaces SFP Warranty MGBIC- Modular IOOOBASEBX120U SFP IOOOBASE-BX120-U I Year BX120-U Interfaces I SFP Warranty MGBIC- Modular IOOOBASEBX40D SFP IOOOBASE-BX40-D SFP I Year BX40-D Interfaces Warranty Attachment D Page 338 of 471 Page 412 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. MGBIC- Modular 1000ASEX40U 1000ASE- X40-U 1 Year BX40-U Interfaces BIDIRECTIONAL SFP BIDIRECTIONAL SFP Warrant MGBIC- Modular MINI GBIC 1000BASESX MINI GBIC 1 Year LC01 Interfaces W/ 1 LC MM PORT 1000BASESX W/ 1 LC Warranty MM PORT MGBIC- Modular 1 GB SX MM SFP TAA 1 GB SX MM, SFP, TAA 1 Year LC01-G Interfaces Warrant MGBIC- Modular MINI GBIC 1000BASEFX MINI GBIC 1000BASE- 1 Year LC03 Interfaces W/ 1 LC MM PT 2KM FX W/ 1 LC MM PT - Warranty 2KM MGBIC- Modular 100BASEFX MM 13 1 ONM 100BASE-FX MM, 1 Year LC04 Interfaces 2 KM LC SFP 1310NM 2 KM, LC SFP Warrant MGBIC- Modular 24 PACK MGBICLC04 24 PACK MGBIC-LC04 1 Year LC04-24PK Interfaces Warrant MGBIC- Modular 48 PACK MGBICLC04 48 PACK MGBIC-LC04 1 Year LC04-48PK Interfaces Warrant MGBIC- Modular 96 PACK MGBICLC04 96 PACK MGBIC-LC04 1 Year LC04-96PK Interfaces Warrant MGBIC- Modular 100BASELX10 SM 100BASE-LX10, SM, 1 Year LC05 Interfaces 1310NM 10 KM LC SFP 1310NM, 10 KM, LC SFP Warrant MGBIC- Modular 1GB802.3 SM1550 NMI 10 1GB,802.3 SM,1550 1 Year LC07 Interfaces KMLC SFP NMI 110 KM,LC SFP Warrant MGBIC- Modular MINI GBIC 1000BASELX MINI GBIC 1 Year LC09 Interfaces W/ 1 LC SM PORT 1000BASELX W/ 1 LC Warranty SM PORT MGBIC- Modular 1 GB LX SM SFP TAA 1 GB LX S , SFP, TAA 1 Year LC09-G Interfaces Warrant ML-1499- WiNG LLC CableJump 10 10 ft LowLoss coaxial 1 Month 10JK-01R Wireless cable jumper N Male to N Warranty Male Win ML-1499- WiNG LLC CableJump 25 25 ft LowLoss coaxial 1 Month 25JK-01R Wireless cable jumper N Male to N Warranty Male with 2 connector Wing seal kits ML-1499- WiNG LLC CableJump 50 50 ft LowLoss coaxial 3 Month 06/30/ 50JK-01R Wireless cable jumper N Male to N Warranty 2020 Male with 2 connector Wing seal kits ML-1499- WiNG KITANTENNA KITANTENNA 1 Month SD3MK-01R Wireless MOUNTFOR MOUNTFOR Warranty L2499S301 ML2499SD301 Win L-2452- WING Dipole Omni 3.2/4.9 di Antenna 2.4/5 GHz 1 Month APA2-01 Wireless BLK Indoor Type Dipole Warranty (Paddle) Gain Wing 3dBi/2.4GHz 4dBi/5GHz Beam Width EPlane 35 Attachment D Page 339 of 471 Page 413 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. degrees HPlane 360 degrees Connector RPSMA Male ML-2452- WiNG Dipole Omni 3.2/4.9 dBi ANT2.45GHZDBA NDDP I Month APA2-02 Wireless White 67 DBI SAT Warranty Wing ML-2452- WiNG ANTDIPOLEGN2DBI2.4G ANTDIPOLEGN2DBI2.4 I Month APAG2AI- Wireless HZIDB15GHZBLK GHZIDB15GHZBLK Warranty 01 Wing ML-2452- WiNG Antenna 2G5G3dB Omni Antenna 2G and 5G 3dB I Month APAG2AI- Wireless White Omni for indoor White Warranty 02 Color Wing ML-2452- WiNG Antenna outdoor 2G5G3dB Antenna 2G and 5G I Month HPA5-036 Wireless Omni 3dBOmni directional Warranty Dipole for outdoor use Wing ML-2452- WiNG ANTDUAL BAND 6 DBI ANTDUAL BAND 6 DBI I Month HPA6-01 Wireless ANTENNA ANTENNA Warranty Wing ML-2452- WiNG ANT 6 DUAL ELEMENT ANT 6DUAL I Month HPA6M6- Wireless OMN ANTENNA ELEMENT OMN Warranty 072 ANTENNA Wing ML-2452- WiNG ANT 6 PORT OMNI ANT 6 PORT OMNI I Month HPA6X6- Wireless ANTENNA ANTENNA Warranty 036 Wing ML-2452- WiNG ANTDP4.ODBI ANTDP4.ODBI I Month HPAG4A6- Wireless 2.4G 7.0I 5GHZ 2.4G 7.0I 5GHZ Warranty 01 Wing ML-2452- WiNG ANTDP4.5DBI ANTDP4.5DBI I Month HPAG5A8- Wireless 2.4GHZ7.5DBI 5GHZ 2.4GHZ7.5DBI 5GHZ Warranty 01 Ntype Ntype Wing ML-2452- WiNG 2.4/5G LightArrest 2.4/5 GHz Lightning I Month LAKI-01R Wireless Arrestor(N Female to N Warranty Female)with N Male to Wing RPSMA Male adapter ML-2452- WiNG DUAL BAND DUAL BAND I Month LAKI-02R Wireless LIGHTNING ARRESTOR LIGHTNING Warranty ARRESTOR Wing ML-2452- WiNG Antenna 25G5dBDIR Antenna 2.4/5 GHz I Month PNA5-0IR Wireless Outdoor Panel 5 dBi Warranty Beam Width EPlane 65 Wing degrees HPlane 120 degrees Connector Type NMale ML-2452- WiNG Antenna 25G7dBDIR Antenna 2.4/5 GHz I Month PNA7-0IR Wireless Outdoor Panel 7 dBi Warranty Beam Width EPlane 66 Wing Attachment D Page 340 of 471 Page 414 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. degrees HPlane 68 degrees Connector Type NMale L-2452- WING DUALBAND DUAL DUALBAND DUAL 1 Month PNL3M3-1 Wireless POLARIZED SECTOR POLARIZED SECTOR Warranty ANTENNA ANTENNA Win ML-2452- WiNG ANT3 PORT DL PANEL ANT3 PORT DUAL 1 Month PNL63- Wireless 36 IN CBL NMALE BAND PANEL Warranty N36 ANTENNA WITH 36 Wing INCH CABLE AND NMALE CONNECTOR ML-2452- WiNG ANT NRW BEAM DUAL POLARIZED 1 Month PNL6M4- Wireless DIR36IN CBL NMALE DUAL BAND NARROW Warranty N36 CONN BEAM DIRECTIONAL Wing ANTENNA WITH 36 INCH CABLE AND NMALE CONNECTOR ML-2452- WiNG ANT MIMO DUAL BAND ANT MIMO DUAL 1 Month PNL9M3- Wireless SECTOR BAND SECTOR Warranty 036 Win L-2452- WING ANT3 PORT DUAL ANT3 PORT DUAL 1 Month PNL93- Wireless BAND PANEL BAND PANEL Warranty N36 ANTENNA ANTENNA Win ML-2452- WiNG ANT 2 PORT DUAL ANT 2 PORT DUAL 1 Month PTA22- Wireless BAND PATCH BAND PATCH Warranty 036 ANTENNA ANTENNA Win ML-2452- WiNG AP7131 3 PORT MIMO AP7131 3 PORT MIMO 1 Month PTA3M3- Wireless ANTENNA 36IN PIGTAIL ANTENNA 36IN Warranty 036 PIGTAIL Win L-2452- WING ANT802.11 ABGN 3X3 ANT802.11 ABGN 3X3 3 Month 12/26/ PTA43X3- Wireless MIMO RFS4011 MIMO RFS4011 Warranty 2020 1 Win ML-2452- WiNG ANTENNA PATCH4 ANTENNA PATCH4 1 Month PTA4M4- Wireless DUAL ELEMENT DUAL ELEMENT Warranty 036 INDOOR INDOOR Win L-2452- WING ANT 6 PORT PATCH ANT 6 PORT PATCH 1 Month PTA66- Wireless ANTENNA ANTENNA Warranty 036 Win L-2452- WING ANT 6 PORT PATCH ANT 6 PORT PATCH 1 Month PTA6X6-036 Wireless ANTENNA ANTENNA Warranty Win L-2452- WING ANT3 PORT DL SECTOR ANT3 PORT DUAL 1 Month SEC6M3- Wireless 36 IN CBL NMALE BAND SECTOR Warranty N36 ANTENNA WITH 36 Wing INCH CABLE AND NMALE CONNECTOR Attachment D Page 341 of 471 Page 415 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. ML-2452- WiNG ANT WIDE BEAM DUAL POLARIZED 1 Month SEC6M4- Wireless DIR36IN CBL DUAL BAND WIDE Warranty 036 RPSMAMALE BEAM DIRECTIONAL Wing ANTENNA WITH 36 INCH CABLE AND RP SMAMALE CONNECTOR ML-2452- WiNG ANT DUAL SECTOR DUAL BAND SECTOR 1 Month SEC6M4- Wireless WITH 30IN CBL N CONN WITH 30 INCH CABLE Warranty N30 AND N CONNECTORS Win ML-2452- WiNG ANT WIDE BEAM DUAL POLARIZED 1 Month SEC6M4- Wireless DIR36IN CBL NMALE DUAL BAND WIDE Warranty N36 CONN BEAM DIRECTIONAL Wing ANTENNA WITH 36 INCH CABLE AND NMALE CONNECTOR ML-2452- WiNG ANT 3 DUAL BAND ANT 3 DUAL BAND 1 Month V 3M3- Wireless ELEMENTS VMM ELEMENTS VMM Warranty 036 ANTENNA ANTENNA Win ML-2452- WiNG 3 PORT DUAL BAND 3 PORT DUAL BAND 1 Month V 53- Wireless VMM ANTENNA VMM ANTENNA Warranty N72 Win ML-2499- WiNG ANT2.4GHZ7DBIINDOO ANT2.4GHZ7DBIINDO 3 Month 12/31/ 7PNA2-01R Wireless R65 DEGREE PNL OR65 DEGREE PNL Warranty 2013 Win ML-2499- WiNG Antenna 2G14dBDir Antenna 2.4 GHz Outdoor 3 Month 06/30/ BYGA2-01R Wireless Type Yagi Gain (Net) Warranty 2020 14.2dBi (13.9dBi)Beam Wing Width EPlane 30 degrees HPlane 35 degrees Cable 12 inches Connector Type N Female ML-2499- WiNG Antenna 2G5dBOmni Antenna 2.4 GHz Outdoor 1 Month FHPA5-01R Wireless Type Dipole Array (Pipe) Warranty OmniDirectional 5 dBi Wing Beam Width EPlane 25 degrees HPlane 360 degrees Connector type N Male L-2499- WING Antenna 2G9dOni Antenna 2.4 GHz Outdoor 3 Month 06/30/ F A9-01R Wireless Type Dipole Array (Pipe) Warranty 2020 OmniDirectional 9 dBi Wing Beam Width EPlane 14 degrees HPlane 360 degrees Connector type N Male Attachment D Page 342 of 471 Page 416 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. ML-2499- WiNG ANT 2.4GHZ 3.3DBI ANT 2.4GHZ 3.3DBI I Month HPA3-02R Wireless DIPOLE ANTENNA DIPOLE ANTENNA Warranty Wing ML-2499- WiNG ANTENNA OUTDOOR Outdoor Rated Type I Month HPA4-01 Wireless 4dBi 2.4GHZ Dipole Gain 4dBi Warranty 2.4GHz Connector NMale Wing ML-2499- WiNG ANTENNA OUTDOOR Environment Outdoor I Month HPA8-01 Wireless 8dBi 2.4GHZ Rated Type Dipole Gain 8 Warranty dBi 2.4GHz Connector Wing NMale ML-5299- WiNG ANT5.5 GHZ DP ANT5.5 GHZ DP I Month APAI-01R Wireless AJ2DBICBL OSMARPF AJ2DBICBL OS Warranty Wing ML-5299- WiNG Antenna 5G6dBOmni Antenna 5 GHz Outdoor I Month FBPA6-0IR Wireless Type Dipole Array (Pipe) Warranty Omnidirectional 6 dBi Wing Beam Width EPlane 16 degrees BPlane 360 degrees NMale connector type ML-5299- WiNG ANTENNA OUTDOOR Environment Outdoor I Month HPAI0-01 Wireless lOdBi 5GHZ Rated Type Dipole Gain Warranty 10 dBi 5.OGHz4.9GHz Wing Connector NMale ML-5299- WiNG Antenna 5G5dBOmni Antenna 5 GHz Outdoor I Month HPAI-01R Wireless Type Dipole Array (Pipe) Warranty Gain (Net) 5.9dBi (5dBi) Wing Beam Width EPlane 17 degrees BPlane 360 degrees Cable 36 inches Connector RPSMA Male ML-5299- WiNG ANTENNA Outdoor Rated Type I Month HPA5-01 Wireless OUTDOOR5dBi 5GHZ Dipole Gain 5dBi 5.0GHz Warranty Connector NMale Wing ML-5299- WiNG Antenna 5G13dBDir Antenna 5 GHz Outdoor 3 Month 06/30/ WPNAI-01R Wireless Type Panel Gain (Net) Warranty 2020 14.2dBi (13dBi)Beam Wing Width EPlane 27 degrees BPlane 31 degrees Cable 36 inches Connector RPSMA Male MOD- WiNG SENSOR MODULE SENSOR MODULE I Month 07/13/ 8XXX- Wireless AMBIENT AMBIENT Warranty 2022 0001E-WW ENVIRONMENT ENVIRONMENT Wing MUX- Modular CWDM MUX 4 1 Year 05/30/ CWDM-01 Interfaces CHANNELOBAND Warranty 2024 Attachment D Page 343 of 471 Page 417 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. MUX- Modular RACK MOUNT PANEL RACK MOUNT PANEL, 1 Year 12/31/ RACK-01 Interfaces 1U 1U Warranty 2024 NI13I-32- SRA NETIRON XMR/ML,X NetIron XMRJMLX and 1 Year FLTR BIGIRON RX32 AIR FILT BigIron RX32 air filters Warranty for 32slot chassis 2 filter kit NI13I-32- SRA 32SLOT NETIRON 32Slot NetIron 1 Year PSFAN XMR/ML,X BIGIRON XMR/MLX and BigIron Warranty X SPA RX spare power supply fan 1 fan NI-CE2000- SRA SPARE FAN TRAY FOR Spare fan tray for NetIron 1 Year FAN NI CER/CES SERIES CES and NetIron CER Warranty Series NI-CER- SRA ADV SRVS PREM SW Advanced Services 1 Year 2024- VU FOR NI CER 24PORT Premium upgrade for Warranty RTR NetIron CER 2000 24port routers (NetIron CER 2024C NetIron CER 2024F NI-CER- SRA S/WPPADV SRVS PREM Advanced Services Software 2024- LIC CER 24PORT RTR Premium software Warranty ADVU-SW upgrade for NetIron CER 2000 24port routers (NetIron CER 2024C NetIron CER 2024F NI-CER- SRA S/WPPADV SRVS PREM Advanced Services Software 2048- LIC CER 48PORT RTR Premium software Warranty ADVU-SW upgrade for NetIron CER 2000 48port routers (NetIron CER 2048C NetIron CER 2048F NetIron CER 2048CX NetIron CER 2048FX NI-CES- SRA S/WPPL3 PREM LIC CES Layer 3 Premium software Software 2024-L3U- 24PORT SWITCHES upgrade for NetIron CES Warranty SW 2000 24port switches (NetIron CES 2024C NetIron CES 2024F NI-CES- SRA S/WPPME PREM LIC CES Metro Edge Premium Software 2024-MEU- 24PORT SWITCHES software upgrade for Warranty SW NetIron CES 2000 24port switches (NetIron CES 2024C NetIron CES 2024F Attachment D Page 344 of 471 Page 418 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. NI-CES- SRA S/WPPL3 PREM LIC CES Layer 3 Premium software Software 2048-L3U- 48PORT SWITCHES upgrade for NetIron CES Warranty SW 2000 48port switches (NetIron CES 2048C NetIron CES 2048F NetIron CES 2048CX NetIron CES 2048FX NI-CES- SRA S/WPPME PREM LIC CES Metro Edge Premium Software 2048-MEU- 48PORT SWITCHES software upgrade for Warranty SW NetIron CES 2000 48port switches (NetIron CES 2048C NetIron CES 2048F NetIron CES 2048CX NetIron CES 2048FX NI-MLX- SRA NI MLX 8POT 10GE Brocade MLX Series 1 Year 10GX8-M (M) SFPP MODULE eight(8)port 10GbE(M) Warranty module with IPv4/IPv6/MPLS hardware support requires SFPP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules NI-X-16-8- SRA MLX/XMR 16 8SLOT HI MLXe/ML,X/XMR high 1 Year HSF SPEED FABRIC MOD speed switch fabric Warranty module for 8slot and 16slot chassis NI-X-16- SRA NI XMR/MLX 16SLOT NetIron XMR/MLX air 1 Year FLTR AIR FILTER filter for 16slot chassis Warrant NI-X-32- SRA NI MLXE/XMR/MLX MLXe/ML,X/XMR high 1 Year HSF HIGH SPEED SF32SL speed switch fabric Warranty CHAS module for 32slot chassis NI-X-4- SRA NI XMR/MLX 4SLOT AIR NetIron XMR/MLX air 1 Year FLTR FILTER filter for 4slot chassis Warrant NI-X-4-HSF SRA MLX/XMR 4SLOT HI MLXe/ML,X/XMR high 1 Year SPEED FABRIC MOD speed switch fabric Warranty module for 4slot chassis NI-X-B- SRA NI XMR/MLX 8SLOT AIR NetIron XMR/MLX air 1 Year FLTR FILTER filter for 8slot chassis Warrant NI-X-IPNL SRA NETIRON XMR/MLX NetIron XMRJMLX 1 Year INTERFACE MODULE Series interface module Warranty PANEL blank panel NI-X- NL SRA NETION X NetIron XMRJMLX 1 Year MANAGEMENT Series management Warranty MODULE PANEL module blank panel Attachment D Page 345 of 471 Page 419 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. NI-X- SRA NETIRON X NetIron XMRJMLX 1 Year PWRPNL POWER SUPPLY PANEL power supply blank panel Warranty FOR 1 for 16 and 8slot chassis NI-X- SRA NIXMR/MLX 4SLOT NetIron XMRJMLX 1 Year P NL-A CHASSIS POWER power supply blank panel Warranty SUPPLY B for 4slot chassis NI-X- SRA NIXMR/MLX 4SLOT NetIron XMRJMLX 1 Year SFIPNL CHASSIS SWITCH switch fabric module Warranty FABRIC blank panel for 4slot chassis NI-X- SRA NETIRON X NetIron XMRJMLX 1 Year SF3PNL SWITCH FABRIC switch fabric module Warranty BLANK PANE blank panel for 16 and 8slot chassis NMS-10 Network NMS 10 DEVICES / 100 NMS 10 DEVICES / 100 Software Manageme THIN APS THIN APS Warranty nt NMS-100 Network NMS 100 DEVICES / NMS 100 DEVICES / Software Manageme 1000 THIN APS 1000 THIN APS Warranty nt NMS-100- Network LICENSE UPGRADE LICENSE UPGRADE Software A100-UG Manageme NMS 100 TO NMS 100 TO Warranty nt NMSADVIOO NMSADVIOO NMS-100- Network UPGRADE NMS50 TO UPGRADE NMS50 TO Software UG Manageme NMS 100 NMS 100 Warranty nt NMS-10- Network LICENSE UPGRADE LICENSE UPGRADE Software A10-UG Manageme NMS10 TO NMSADVIO NMS10 TO NMSADVIO Warranty nt NMS-IO-UG Network UPGRADE NMS5 TO UPGRADE NMS5 TO Software Manageme NMS 10 NMS 10 Warranty nt NMS-25 Network NMS 25 DEVICES /250 NMS 25 DEVICES /250 Software Manageme THIN APS THIN APS Warranty nt NMS-250 Network NMS 250 DEVICES / NMS 250 DEVICES / Software Manageme 2500 THIN APS 2500 THIN APS Warranty nt NMS-250- Network LICENSE UPGRADE LICENSE UPGRADE Software A250-UG Manageme NMS250 TO NMS250 TO Warranty nt NMSADV250 NMSADV250 NMS-250- Network UPGRADE NMS 100 TO UPGRADE NMS 100 TO Software UG Manageme NMS250 NMS250 Warranty nt Attachment D Page 346 of 471 Page 420 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. NMS-25- Network LICENSE UPGRADE LICENSE UPGRADE Software A25-UG Manageme NMS25 TO NMSADV25 NMS25 TO NMSADV25 Warranty nt NMS-25-UG Network UPGRADE NMS 10 TO UPGRADE NMS 10 TO Software Manageme NMS25 NMS25 Warranty nt NMS-5 Network NMS 5 DEVICES / 50 NMS 5 DEVICES / 50 Software Manageme THIN APS THIN APS Warranty nt NMS-50 Network NMS 50 DEVICES / 500 NMS 50 DEVICES / 500 Software Manageme THIN APS THIN APS Warranty nt NMS-500 Network NMS 500 DEVICES / NMS 500 DEVICES / Software Manageme 5000 THIN APS 5000 THIN APS Warranty nt NMS-500- Network LICENSE UPGRADE LICENSE UPGRADE Software A500-UG Manageme NMS500 TO NMS500 TO Warranty nt NMSADV500 NMSADV500 NMS-500- Network UPGRADE NMS250 TO UPGRADE NMS250 TO Software UG Manageme NMS500 NMS500 Warranty nt NMS-50- Network LICENSE UPGRADE LICENSE UPGRADE Software A50-UG Manageme NMS50 TO NMSADV50 NMS50 TO NMSADV50 Warranty nt NMS-50-UG Network UPGRADE NMS25 TO UPGRADE NMS25 TO Software Manageme NMS50 NMS50 Warranty nt NMS-5-A5- Network LICENSE UPGRADE LICENSE UPGRADE Software UG Manageme NMS5 TO NMSADV5 NMS5 TO NMSADV5 Warranty nt NMS-A-100- Network LICENSE UPG LICENSE UPGRADE Software UG Manageme NMSADV50 TO NMSADV50 TO Warranty nt NMSADVIOO NMSADVIO NMS-A-10- Network LICENSE UPGRADE LICENSE UPGRADE Software UG Manageme NMSADV5 TO NMSADV5 TO Warranty nt NMSADVIO NMSADVIO NMS-A-250- Network LIC UPGRADE LIC UPGRADE Software UG Manageme NMSADVI00 TO NMSADVI00 TO Warranty nt NMSADV250 NMSADV250 NMS-A-25- Network LICENSE UPGRADE LICENSE UPGRADE Software UG Manageme NMSADVIO TO NMSADVIO TO Warranty nt NMSADV25 NMSADV25 NMS-A-500- Network LIC UPGRADE LIC UPGRADE Software UG Manageme NMSADV250 TO NMSADV250 TO Warranty nt NMSADV500 NMSADV500 Attachment D Page 347 of 471 Page 421 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. NMS-A-50- Network LICENSE UPGRADE LICENSE UPGRADE Software UG Manageme NMSADV25 TO NMSADV25 TO Warranty nt NMSADV50 NMSADV50 NMS-ADV- Network NMSADV 10 NMSADV 10 Software 10 Manageme DEVICES/100 APS DEVICES/100 APS Warranty nt NMS-ADV- Network NMSADV 100 NMSADV 100 Software 100 Manageme DEVICES/1000 APS DEVICES/1000 APS Warranty nt NMS-ADV- Network MSADV 25 MSADV 25 Software 25 Manageme DEVICES/250 APS DEVICES/250 APS Warranty nt NMS-ADV- Network NMSADV 250 NMSADV 250 Software 250 Manageme DEVICES/2500 APS DEVICES/2500 APS Warranty nt NMS-ADV- Network NMSADV 5 DEVICES/50 NMSADV 5 Software 5 Manageme APS DEVICES/50 APS Warranty nt NMS-ADV- Network NMSADV 50 NMSADV 50 Software 50 Manageme DEVICES/500 APS DEVICES/500 APS Warranty nt NMS-ADV- Network MSADV 500 MSADV 500 Software 500 Manageme DEVICES/5000 APS DEVICES/5000 APS Warranty nt NMS-ADV- Network NMSADV U DEVICES/U NMSADV U Software U Manageme APS DEVICES/U APS Warranty nt NMS-A-U- Network LIC UPGRADE LIC UPGRADE Software UG Manageme NMSADV500 TO NMSADV500 TO Warranty nt NMSADVU NMSADVU NMS-13100- Network UPGRADE NMSBASE100 UPGRADE Software 100-UG Manageme TO NMS 100 NMSBASE100 TO Warranty nt NMSIOO NMS-B-100- Network UPGRADE NMSBASE50 UPGRADE Software UG Manageme TO NMSBASE100 NMSBASE50 TO Warranty nt NMSBASEIOO NMS-1310- Network UPGRADE NMSBASE10 UPGRADE Software 10-UG Manageme TO NMS10 NMSBASE10 TO Warranty nt NMSIO NMS-13250- Network UPGRADE NMSBASE250 UPGRADE Software 250-UG Manageme TO NMS250 NMSBASE250 TO Warranty nt NMS250 NMS-B-250- Network UPGRADE NMSBASE100 UPGRADE Software UG Manageme TO NMSBASE250 NMSBASE100 TO Warranty nt NMSBASE250 Attachment D Page 348 of 471 Page 422 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. NMS-1325- Network UPGRADE NMSBASE25 UPGRADE Software 25-UG Manageme TO NMS25 NMSBASE25 TO Warranty nt NMS25 NMS-B-25- Network UPGRADE NMSBASE10 UPGRADE Software UG Manageme TO NMSBASE25 NMSBASE10 TO Warranty nt NMSBASE25 NMS-13500- Network UPGRADE NMSBASE500 UPGRADE Software 500-UG Manageme TO NMS500 NMSBASE500 TO Warranty nt NMS500 NMS-B-500- Network UPGRADE NMSBASE250 UPGRADE Software UG Manageme TO NMSBASE500 NMSBASE250 TO Warranty nt NMSBASE500 NMS-1350- Network UPGRADE NMSBASE50 UPGRADE Software 50-UG Manageme TO NMS50 NMSBASE50 TO Warranty nt NMS50 NMS-B-50- Network UPGRADE NMSBASE25 UPGRADE Software UG Manageme TO NMSBASE50 NMSBASE25 TO Warranty nt NMSBASE50 NMS-BASE- Network BASE NMS 10 DEVICES BASE NMS 10 Software 10 Manageme / 100 THIN APS DEVICES / 100 THIN Warranty nt APS NMS-BASE- Network BASE NMS 100 BASE NMS 100 Software 100 Manageme DEVICES / 1000 THIN DEVICES / 1000 THIN Warranty nt APS APS NMS-BASE- Network BASE NMS 25 DEVICES BASE NMS 25 Software 25 Manageme /250 THIN APS DEVICES /250 THIN Warranty nt APS NMS-BASE- Network BASE NMS 250 BASE NMS 250 Software 250 Manageme DEVICES /2500 THIN DEVICES /2500 THIN Warranty nt APS APS NMS-BASE- Network BASE NMS 50 DEVICES BASE NMS 50 Software 50 Manageme / 500 THIN APS DEVICES / 500 THIN Warranty nt APS NMS-BASE- Network BASE NMS 500 BASE NMS 500 Software 500 Manageme DEVICES / 5000 THIN DEVICES / 5000 THIN Warranty nt APS APS NMS-BASE- Network BASE NMS U DEVICES / BASE NMS U DEVICES Software U Manageme U THIN APS /U THIN APS Warranty nt NMS-B-U- Network UPGRADE NMSBASE500 UPGRADE Software UG Manageme TO NMSBASEU NMSBASE500 TO Warranty nt NMSBASEU NMS-BU-U- Network UPGRADE NMSBASEU UPGRADE NMSBASEU Software UG Manageme TO NMSU TO NMSU Warranty nt Attachment D Page 349 of 471 Page 423 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. NMS-K-12 Network NETSIGHT FOR K12 NETSIGHT FOR K12 Software Manageme Warranty nt NMS-U Network NMS U DEVICES /U NMS U DEVICES /U Software Manageme THIN APS THIN APS Warranty nt NMS-U-AU- Network LICENSE UPGRADE LICENSE UPGRADE Software UG Manageme FROM NMSU TO FROM NMSU TO Warranty nt NMSADVU NMSADVU NMS-U-UG Network UPGRADE NMS500 TO UPGRADE NMS500 TO Software Manageme NMSU NMSU Warranty nt NS-A-20 Network NETSIGHT APPLIANCE NETSIGHT APPLIANCE 1 Year 12/29/ Manageme REQUIRES LICENSE REQUIRES LICENSE Warranty 2022 nt NS-USER Network NETSIGHT NETSIGHT Software 03/30/ Manageme ADDITIONAL ADDITIONAL Warranty 2020 nt CONCURRENT CLIENT CONCURRENT CLIENT NX-4500- WiNG NX4500 TIERED AP NX4500 TIERED AP Software AP-12 Wireless LICENSE COUNT 12 LICENSE COUNT 12 Warrant NX-4500- WiNG NX4500 TIERED AP NX4500 TIERED AP Software AP-24 Wireless LICENSE COUNT 24 LICENSE COUNT 24 Warrant NX-4500- WiNG NX4500 TIERED AP NX4500 TIERED AP Software AP-48 Wireless LICENSE COUNT 48 LICENSE COUNT 48 Warrant NX-4500- WiNG LICENSECONTENT LICENSECONTENT Software CACH-LIC Wireless CACHE FOR NX45XX CACHE FOR NX45XX Warrant NX-5500- WiNG NX5500 SERVICES NX5500 SERVICES 1 Year 100R0-WR Wireless PLATFORM PLATFORM Warranty Win NX-5500- WiNG LICENSE128X AP LICENSE128X AP Software ADP-128 Wireless LICENSE PACK FOR LICENSE PACK FOR Warranty NX5500 NX5500 NX-5500- WiNG LICENSE16X AP LICENSE 16X AP Software ADP-16 Wireless LICENSE PACK FOR LICENSE PACK FOR Warranty NX5500 NX5500 NX-5500- WiNG LICENSE64X AP LICENSE64X AP Software ADP-64 Wireless LICENSE PACK FOR LICENSE PACK FOR Warranty NX5500 NX5500 NX5500E- WiNG NX5500E EXPRSS NX5500E EXPRESS 1 Year 04/17/ 100R0- Wireless MANAGERS PLATFORM MANAGERS Warranty 2023 APME APAC PLATFORM AC Wing REGION NX-5500E- WiNG EXPRESS MANAGER EXPRESS MANAGER 1 Year 04/17/ 100R0-WR Wireless PLATFORM PLATFORM Warranty 2023 Win Attachment D Page 350 of 471 Page 424 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. NX-6500- WiNG NX6500 TIERED AP NX6500 TIERED AP Software AP-12 Wireless LICENSE COUNT 12 LICENSE COUNT 12 Warrant NX-6500- WiNG NX6500 TIERED AP NX6500 TIERED AP Software AP-24 Wireless LICENSE COUNT 24 LICENSE COUNT 24 Warrant NX-6500- WiNG NX6500 TIERED AP NX6500 TIERED AP Software AP-48 Wireless LICENSE COUNT 48 LICENSE COUNT 48 Warrant NX-6500- WiNG LICENSECONTENT LICENSECONTENT Software CACH-LIC Wireless CACHE FOR NX65XX CACHE FOR NX65XX Warrant NX-7500- WiNG NX 7500 2PORT IOG NX 7500 2PORT IOG I Year IOG-NMC Wireless SFP+NMC MODULE SFP+NMC MODULE Warranty Wing NX-7500- WING NX 7500 4POT IG SFP NX 7500 4POT IG SFP I Year IG-NMC Wireless NMC MODULE NMC MODULE Warranty Win NX-7500- WiNG NX 7500 AC POWER NX 7500 AC POWER 1 Year AC-PSU Wireless SUPPLY SUPPLY Warranty Win NX-7500- WiNG LICENSENX 7500 1024 LICENSENX 7500 1024 Software ADP-1024 Wireless PACK ADAPTIVE AP PACK ADAPTIVE AP Warrant NX-7500- WiNG LICENSENX 7500 256 LICENSENX 7500 256 Software ADP-256 Wireless PACK ADAPTIVE AP PACK ADAPTIVE AP Warrant NX-7500- WiNG LICENSENX 7500 64 LICENSENX 7500 64 Software ADP-64 Wireless PACK ADAPTIVE AP PACK ADAPTIVE AP Warrant NX-7500- WiNG LICENSENX 7500 8 LICENSENX 7500 8 Software ADP-8 Wireless PACK ADAPTIVE AP PACK ADAPTIVE AP Warrant NX-7500- WiNG LICENSENX 7500 LICENSENX 7500 Software ADSEC-LIC Wireless ADVANCED SECURITY ADVANCED Warranty SECURITY NX-7500- WiNG NX 7500 DC POWER NX 7500 DC POWER 1 Year DC-PSU Wireless SUPPLY SUPPLY Warranty Win NX-7500- WING NX 7530 50OGB SPARE NX 7530 50OGB SPARE I Year HD-50OGB Wireless HARD DRIVE HARD DRIVE Warranty Win NX-7500- WiNG NX 7500 MOUNTING KIT NX 7500 MOUNTING 1 Month RAIL Wireless SLIDING RAILS KIT SLIDING RAILS Warranty Win NX-7500- WING NX 7500 IGBPS LONG NX 7500 IGBPS LONG I Year SFP-LX Wireless RANGE SFP XCVR RANGE SFP XCVR Warranty Win NX-7500- WING NX 7500 IOGPS LONG NX 7500 IOGPS LONG I Year SFPPL-LX Wireless RANGE SFP+ XCVR RANGE SFP+ XCVR Warranty Win NX-7500- WING NX 7500 IOGPS SHORT NX 7500 IOGPS I Year SFPPL-SX Wireless RANGE SFP+ XCVR SHORT RANGE SFP+ Warranty XCVR Win Attachment D Page 351 of 471 Page 425 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. NX-7500- WING NX 7500 1GPS SHORT NX 7500 1GPS SHORT 1 Year SFP-SX Wireless RANGE SFP XCVR RANGE SFP XCVR Warranty Win NX-7510- WiNG NX 7510 INTEGRATED NX 7510 INTEGRATED 1 Year 100R0-WR Wireless SVC PLATFORM SVC PLATFORM Warranty Win NX751OE- WiNG NX 7510E EXPRESS NX 7510E EXPRESS 1 Year 04/17/ 100R0- Wireless MANAGER PLATFORM MANAGER PLATFORM Warranty 2023 APME APAC APAC REGION Win NX-7510E- WiNG NX 7510E EXPRESS NX 7510E EXPRESS 1 Year 04/17/ 100R0-WR Wireless MANAGER PLATFORM MANAGER PLATFORM Warranty 2023 Win NX-7520- WiNG NX 7520 INTEGRATED NX 7520 INTEGRATED 1 Year 100R0-WR Wireless SVC PLATFORM SVC PLATFORM Warranty Wing NX-7530- WiNG NX 7530 INTEGRATED NX 7530 INTEGRATED 1 Year 100R0-WR Wireless SVC PLATFORM SVC PLATFORM Warranty Win NX-9000- WiNG LICENSE 1024 ADP AP LICENSE1024 ADP AP Software 1024LIC- Wireless FOR NX 9000 FOR NX 9000 Warranty WR NX-9000- WiNG LICENSE128 ADP AP LICENSE128 ADP AP Software 128LIC-WR Wireless FOR NX 9000 FOR NX 9000 Warrant NX-9000- WiNG LICENSES PACK FOR LICENSES PACK FOR Software ELIC-WR Wireless NX 95XX NX 95XX Warrant NX-9000- WiNG LICENSEADVANCED LICENSEADVANCED Software ADVSEC- Wireless SECURITY FOR NX 9000 SECURITY FOR NX Warranty LIC 9000 NX-9600- WiNG NX 9600 AirDefense NX 9600 AirDefense 1 Year 100AD-WR Wireless Appliance Appliance. Must purchase Warranty platform license Wing SPSWSVPI with this controller. NX-9600- WiNG NX 9600 INTEGRATED NX 9600 INTEGRATED 1 Year 100R0-WR Wireless SERVICES PLATFORM SERVICES PLATFORM Warranty Win NX-9600- WING NX 9600 HARD DRIVE NX 9600 HARD DRIVE 1 Year HD-ACC Wireless (2TB) ACCESSORY (2TB) ACCESSORY Warranty Win NX-9600- WING NX 9600 POWER NX 9600 POWER 1 Year PSU-ACC Wireless SUPPLY ACCESSORY SUPPLY ACCESSORY Warranty Win NX-9610- WiNG NX 9610 INTEGRATED NX 9610 INTEGRATED 1 Year 100R0-WR Wireless SERVICES PLATFORM SERVICES PLATFORM Warranty Win Attachment D Page 352 of 471 Page 426 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. NX9- WiNG NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGHT-1 Wireless LIC FOR 1 AP PERPETUAL LICENSE Warranty FOR IAP NX9- WiNG NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGHT- Wireless LIC FOR 1024 APS PERPETUAL LICENSE Warranty 1024 FOR 1024 APS NX9- WiNG NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGHT-16 Wireless LIC FOR 16 APS PERPETUAL LICENSE Warranty FOR 16 APS NX9- WiNG NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGHT- Wireless LIC FOR 2048 APS PERPETUAL LICENSE Warranty 2048 FOR 2048 APS NX9- WiNG NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGHT- Wireless LIC FOR 256 APS PERPETUAL LICENSE Warranty 256 FOR 256 APS NX9- WiNG NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGHT-64 Wireless LIC FOR 64 APS PERPETUAL LICENSE Warranty FOR 64 APS P -3501G- WING SINGLE PORT 802.3AF SINGLE PORT 802.3AF 1 Year ENT Wireless MID SPAN DEVICE MIDSPAN DEVICE Warrant PD-9001GO- WiNG OUTDOOR 802.3AT POE OUTDOOR 802.3AT 1 Year ENT Wireless SINGLE PORT MIDSPAN POE SINGLE PORT Warranty MIDSPAN P -9001G - WING SINGLE PORT 802.3AT SINGLE PORT 802.3AT 1 Year ENT Wireless COMPLIANT MIDSPAN COMPLIANT MIDSPAN Warrant PD-9501GO- WiNG SINGLE PORT 802.3AT SINGLE PORT 802.3AT 1 Year ENT Wireless PLUS OUTDOOR PLUS OUTDOOR Warranty MIDSPAN MIDSPAN PD- WiNG MOUNTING BRACKET MOUNTING BRACKET 1 Year MBKOUT Wireless FOR OUTDOOR FOR OUTDOOR Warranty MIDSPANS MIDSPANS PV-50 - AppID EA SYS 50K FPM HW EXTREME ANALYTICS 1 Year 01/21/ SYS DEPL system Application Warranty 2025 management for 50K Flows/Minute using analytics engine PV-50K- AppID EA SYS 50K FPM HW EXTREME ANALYTICS 1 Year SYS-2 /PAS SYS 50K FPM HW Warranty /PAS PV-A-300 AppID EA APPLIANCE EXTREME ANALYTICS 1 Year 12/29/ (HARDWARE ONLY) APPLIANCE Warranty 2022 HARDWARE ONLY PV-A-300- AppID 10GINTERFACE 10GINTERFACE 1 Year 10G-UG UPGRADE FOR PVA305 UPGRADE FOR PV-A- Warranty 300 Attachment D Page 353 of 471 Page 427 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. PV-FC-180 AppID EA APP SENSOR 4 SFP+ EXTREME ANALYTICS 1 Year PORTS APP SENSOR 4 SFP+ Warranty PORTS PV-FC-180- AppID TAA Purview Application PURVIEWAPP 1 Year 01/15/ G Sensor w/2 PSB SENSOR, 4 SFP+ Warranty 2025 PORTS TAA PV-FPM- AppID EA LICENSE 100K FPM EXTREME ANALYTICS Software 100K LICENSE 100K FPM Warrant PV-FPM-1M AppID EA LICENSE 1M FPM EXTREME ANALYTICS Software LICENSE 1M FPM Warranty I PV-FPM-3M AppID EA LICENSE FOR 3M EXTREME ANALYTICS Software FPM LICENSE FOR 3M FPM Warrant PV-FPM- AppID EA LICENSE 500K FPM EXTREME ANALYTICS Software 500K LICENSE 500K FPM Warrant PV-FPM- AppID EA LICENSE 50K FPM EXTREME ANALYTICS Software 50K LICENSE 50K FPM Warrant PV-V50K- AppID EA SYS 50K FPM VIRT EXTREME ANALYTICS 1 Year 01/21/ SYS DEPL system Application Warranty 2025 management for 50K Flows/Minute using virtual analytics engine PV-V-50K- AppID EA SYS 50K FPM VIRT EXTREME ANALYTICS 1 Year SYS-2 /PAS SYS 50K FPM VIRT Warranty /PAS PWR- WiNG PWR SUPPLY POWER SUPPLY 1 Month GA48V120 Wireless 100240VAC 48VDC 2.5A INFRASTRUCTUREPO Warranty WOWW WER BRICKACDC2.5 A Wing 48VDC 120W PWR- WiNG PS ACDCO.93 A 45W POWER SUPPLY 1 Month BGA48V45 Wireless INFRASTRUCTURE ADAPTORPOWER Warranty WOWW BRICKACDCO.93 Wing APOWER SUPPLY INFRASTRUCTUREPO WER BRICKACDCO.9375 A 45W QSFP-SFPP- Modular IOGB QSFP+SFP+ 10G , QSFP+-SFP+ 1 Year ADPT Interfaces ADAPTOR ADAPTOR Warrant RAN4054A WiNG ANTENNA OUTDOOR 8 Environment Outdoor 1 Year 06/30/ Wireless dBi 2.4GHZ Rated Down tilt Type Warranty 2020 Dipole Gain 8 dBi 2.4GHz Connector NMale RFS-4000- WiNG LICENSEI2 ADAPTIVE LICENSEI2 ADAPTIVE Software 12ADP-LIC Wireless FOR RFS4000 FOR RFS4000 Warrant 5-4000- WiNG LICENSE24 ADAPTIVE LICENSE24 ADAPTIVE Software 24ADP-LIC Wireless FOR RFS4000 I FOR RFS4000 I Warranty Attachment D Page 354 of 471 Page 428 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 5-4000- WiNG LICENSE48 ADAPTIVE LICENSE48 ADAPTIVE Software 48ADP-LIC Wireless FOR RFS4000 FOR RFS4000 Warrant 5-4000- WiNG LICENSE RFS4000 LICENSE RFS4000 Software 6ADP-LIC Wireless SERIES 6 ADP SERIES 6 ADP Warrant RFS-4010- WiNG RFS4000W/INT.POE+PS RFS4000W/ 1 Year 00010-WR Wireless INT.POE+PS Warranty Win 5-4010- WING 54000 /INT.POE+PS 54000 / 1 Year 07/17/ 00010-ZUS Wireless INT.POE+PS Warranty 2023 Win 5-4010- WiNG RACK MOUNT TRAY 1U RACK MOUNT TRAY 1 Month MTKTIU- Wireless RFS4010 1U RFS4010 Warranty WR Wing 5-4011- WiNG Summit WM3411 Rack Summit WM3411 Rack 1 Year 06/30/ MTKT2U- Wireless Mount Kit Mount Kit Warranty 2020 WR 5-6010- WiNG KIT SWITCH RF 56010 KIT SWITCH RF 56010 1 Year 06/21/ 100R0-WR Wireless WITH ZERO PORTS WITH ZERO PORTS Warranty 2021 Win 5-6010- WiNG LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP-128 Wireless 128 PORTRFS6000 AP 128 PORTRFS6000 Warrant 5-6010- WiNG LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP-16 Wireless 16 PORTRFS6000 AP 16 PORTRFS6000 Warrant 5-6010- WiNG LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP-256 Wireless 256 PORTRFS6000 AP 256 PORTRFS6000 Warrant 5-6010- WiNG LICENSE ADVANCED LICENSE ADVANCED Software ADSEC-LIC Wireless SECURITYRFS6000 SECURITYRFS6000 Warrant RFS-6010- WiNG LICENSE 8 LICENSE 8 Software UC-08- Wireless PORTRFS6000 SERIES PORTRFS6000 SERIES Warranty WWR 5-7010- WiNG LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP-1024 Wireless 1024 PORTRFS7000 AP 1024 PORTRFS7000 Warrant 5-7010- WiNG LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP-512 Wireless 512 PORTRFS7000 AP 512 PORTRFS7000 Warrant 5-7010- WiNG LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP-64 Wireless 64 PORTRFS7000 AP 64 PORTRFS7000 Warrant 5-7010- WiNG LICENSE ADVANCED LICENSE ADVANCED Software ADSEC-LIC Wireless SECURITYRFS7000 SECURITYRFS7000 Warrant RFS-7010- WiNG UPGRADE CERT 16 UPGRADE CERT 16 Software UC-16-WR Wireless PORTRFS7000 SERIE PORTRFS7000 SERIF Warrant RMK- SRA RACK MOUNT KIT FOR MLXE32 RACK 1 Year 4POST- 32SLOT SYSTEMS MOUNT KIT FOR A Warranty MLXE-32 4POST RACK (FLUSH MOUNT INSTALLATION Attachment D Page 355 of 471 Page 429 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. RMK-CAB- SRA FRU MLXE32 4POST MLXe32 4Post Rack Kit 1 Year CTO- RACK KIT CTO Custom Federal Warranty MLXE-32 Rack/Cabinet(CTO). RMK-CAB- SRA MLXE16 MOUNT KIT MLXE16 MOUNT KIT 1 Year MLXE-16 CABINET/4 POST RACK For MLXe 16 installation Warranty in a Cabinet or a 4 post Rack. Includes a Cable Management Comb for cable management RMK-CAB- SRA MLXE32 RACK MOUNT MLXE32 RACK 1 Year MLXE-32 KIT FOR INSTL IN CAB MOUNT KIT FOR Warranty INSTALLATION IN C T ( CESS KIT RMK-CAB- SRA MLXE4 MOUNT KIT MLXE4 MOUNT KIT 1 Year MLXE-4 CABINET/4 POST RACK For MLXe4 installation in Warranty a Cabinet or a 4 post Rack RMK-CAB- SRA MLXE8 MOUNT KIT MLXE8 MOUNT KIT 1 Year MLXE-8 CABINET/4 POST RACK For MLXe8 installation in Warranty a Cabinet or a 4 post Rack RMK-NI-X- SRA RACK MOUNT KIT FOR MLXe32 /MLX32/ 1 Year 32 32SLOT SYSTEMS XMR32000 Rack Mount Warranty Kit for installation in a standard 2 post rack RPS9 SRA 50OW AC PWR SUPPLY 50OW AC Power supply 1 Year FOR NI CER/CES SERIES for NetIron CES NetIron Warranty CER and ServerIron ADX 1000 Series S9C SRA 50OW DC PWR SUPPLY 50OW DC Power supply 1 Year FOR NI CER/CES SERIES for NetIron CES NetIron Warranty CER and and ServerIron ADX 1000 Series S9DC-I SRA RPS9DCIEXHAUST 50OW DC Power Supply No with supply side intake Warranty airflow Si- Modular SSERIES S1 CHASSIS A SSE ES S1 CHASSIS A 1 Year 04/30/ CHASSIS-A L3 WITH FANS WITH FANS Warranty 2024 Switching S1-EOS- Modular S1/S1A USER CAPACITY S1/S1A USER Software 04/30/ USER L3 LICENSE UPGRADE CAPACITY LICENSE Warranty 2024 Switching UPGRADE S1-EOS- Modular S1 VIRTUAL SWITCH S1 VIRTUAL SWITCH Software 04/30/ VSB L3 BONDING LICENSE BONDING LICENSE Warranty 2024 Switching Attachment D Page 356 of 471 Page 430 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. S 1-FAN-A Modular S I A FAN TRAY S I A FAN TRAY 1 Year 04/30/ L3 Warranty 2024 Switching SI-MOUNT- Modular S 1 MOUNTING KIT 1 Year 04/30/ KIT L3 Warranty 2024 Switching S1-5150- Modular S1 CHASSIS 16PORTS 1 Year 12/31/ 10G-BUN L3 SFP+BUNDLE WITH Warranty 2019 Switching S150 53-108SFP- Modular S3 5130 108 PORT SFP 1 Year 12/31/ BUN L3 BUNDLE Warranty 2019 Switching S3- Modular SSERIES S3 SSERIES S3 1 Year 04/30/ CHASSIS-A L3 CHASSIS/FANTRAY CHASSIS/FANTRAY Warranty 2024 Switching S3- Modular S3 CHASSISA AND 4 S3 CHASSISA AND 4 1 Year 04/30/ CHASSIS- L3 BAY POE SHELF BAY POE SHELF Warranty 2024 POEA Switching S3- Modular S3MIDMOUNTKIT 1 Year 04/30/ MIDMOUN L3 Warranty 2024 T-KIT Switching S3-POE- Modular S3 4 BAY POE UPGRADE 1 Year 04/30/ 4BAY-UGK L3 KIT Warranty 2024 Switching 54-64SFPP- Modular S4 64 PORTS SFP+ 1 Year 12/31/ BUN L3 Warranty 2019 Switching S4- Modular SSERIES S4 SSERIES S4 1 Year 04/30/ CHASSIS L3 CHASSIS/FANTRAY CHASSIS/FANTRAY Warranty 2024 Switching S4- Modular SSERIES S4 AND 4 BAY SSERIES S4 AND 4 1 Year 04/30/ CHASSIS- L3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S4- Modular S4MIDMOUNTKIT 1 Year 04/30/ MIDMOUN L3 Warranty 2024 T-KIT Switching S4-POE- Modular S4 4 BAY POE UPGRADE 1 Year 04/30/ 4BAY-UGK L3 KIT Warranty 2024 Switching 56-96SFPP- Modular S6 96 PORTS SFP+ 1 Year 12/31/ BUN L3 Warranty 2019 Switching S6- Modular S6 CHASSIS W S6 FANS S6 CHASSIS W S6 1 Year 04/30/ CHASSIS L3 FANS Warranty 2024 Switching Attachment D Page 357 of 471 Page 431 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. S6- Modular SSEIES S6 AND 4 BAY SSERIES S6 AND 4 1 Year 04/30/ CHASSIS- L3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S6-FAN Modular S6FAN 1 Year 04/30/ L3 Warranty 2024 Switching S6- Modular S6MIDMOUNTKIT 1 Year 04/30/ MIDMOUN L3 Warranty 2024 T-KIT Switching S8- Modular S8POE4 348 PORT 1 Year 12/31/ 348T L- L3 TRIPLE SPEED BUNDLE Warranty 2019 BUN Switching S8- Modular SSERIES S8 SSERIES S8 1 Year 04/30/ CHASSIS L3 CHASSIS/FANTRAYS CHASSIS/FANTRAYS Warranty 2024 Switching S8- Modular SSERIES S8 AND 4 BAY SSERIES S8 AND 4 1 Year 04/30/ CHASSIS- L3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S8- Modular SSERIES S8 AND 8 BAY SSERIES S8 AND 8 1 Year 04/30/ CHASSIS- L3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE8 Switching S8- Modular SBMIDMOUNTKIT 1 Year 04/30/ MIDMOUN L3 Warranty 2024 T-KIT Switching S8-POE- Modular S8 4 BAY POE UPGRADE 1 Year 04/30/ 4AY-UGK L3 KIT Warranty 2024 Switching S8-POE- Modular S8 8 BAY POE UPGRADE 1 Year 04/30/ 8AY-UGK L3 KIT Warranty 2024 Switching S-AC-PS Modular SSERIES AC POWER 1 Year 04/30/ L3 SUPPLY S3/S4/S8 Warranty 2024 Switching S-AC-PS- Modular 15 AMP S POWER 1 Year 04/30/ 15A L3 SUPPLY Warranty 2024 Switching S-AC-PS-G Modular SSERIES AC POWER 1 Year 04/30/ L3 SUPPLY S3/S4/S6/S8 Warranty 2024 Switching TAA S-DC-PS Modular SSERIES DC POWER 1 Year 04/30/ L3 SUPPLY S3/S4/S8 Warranty 2024 Switching S-EOS- Modular SSERIES FLOW SSERIES FLOW Software FLOW L3 CAPACITY LICENSE CAPACITY LICENSE Warranty Switching Attachment D Page 358 of 471 Page 432 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. S-EOS- Modular SSERIES KMACSEC Software 04/30/ KMACSEC L3 LICENSE Warranty 2024 Switching S-EOS-L3- Modular 5130 CLASS ROUTING 5130 CLASS ROUTING Software 04/30/ 5130 L3 LICENSE LICENSE Warranty 2024 Switching S-EOS-L3- Modular 5150 CLASS ROUTING 5150 CLASS ROUTING Software 04/30/ S150 L3 LICENSE LICENSE Warranty 2024 Switching S-EOS- Modular SSERIES MACSEC SSERIES MACSEC Software 04/30/ MACSEC L3 LICENSE LICENSE Warranty 2024 Switching S-EOS-PPC Modular PORT USER CAPACITY PORT USER CAPACITY Software 04/30/ L3 LICENSE LICENSE Warranty 2024 Switching S-EOS-VSB Modular VIRTUAL SWITCH VIRTUAL SWITCH Software 04/30/ L3 BONDING CHASSIS BONDING CHASSIS Warranty 2024 Switching LICENSE LICENSE S-FAN Modular SSERIES FAN TRAY 1 Year 04/30/ L3 S3/S4/S8 Warranty 2024 Switching SG1201- Modular SIOM 48 PORT SFP W2 SIOM 48 PORT SFP W2 1 Year 12/31/ 0848 L3 OPTIONSLOTS OPTIONSLOTS Warranty 2019 Switching SG1201- Modular SI/OFAB 48 PORT SFP SI/OFAB 48 PORT SFP 1 Year 12/31/ 0848-176 L3 W2 OPSLOTS W2 OPSLOTS Warranty 2019 Switching SG2201- Modular 5140 48PORT SFP IO 5140 48PORT SFP IO 1 Year 04/30/ 0848 L3 Warranty 2024 Switching SG2201- Modular 5140 48PORT SFP IO 5140 48PORT SFP IO 1 Year 04/30/ 0848G L3 (TAA) (TAA) Warranty 2024 Switching SG4101- Modular SIOM 48 PORT SFP W1 SIOM 48 PORT SFP W1 1 Year 04/30/ 0248 L3 OPTION SLOT OPTION SLOT Warranty 2024 Switching SG4101- Modular SIOM 48 PORT SFP W1 SIOM 48 PORT SFP W1 1 Year 04/30/ 0248G L3 OPTION SLOT (TAA) OPTION SLOT (TAA) Warranty 2024 Switching SG5201- Modular 5155 CLASS I/O FABRIC 5155 CLASS I/O 1 Year 12/31/ 0848-176 L3 48 PORTS SFP +2 OM FABRIC 48 PORTS SFP Warranty 2019 Switching +2 OM SG8201- Modular 5180 48PORT SFP 5180 48PORT SFP 1 Year 04/30/ 0848-178 L3 FABRIC FABRIC Warranty 2024 Switching Attachment D Page 359 of 471 Page 433 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. SG8201- Modular 5180 48POT SFP 5180 48POT SFP 1 Year 04/30/ 0848-F8G L3 FABRIC (TAA) FABRIC (TAA) Warranty 2024 Switching SGL2001- Modular 48 PORTS SFP 2 PORTS 48 PORTS SFP 2 PORTS 1 Year 04/30/ 0850 L3 Q SFP+ 5140 UO QSFP+ 5140 I/O Warranty 2024 Switching SGL2001- Modular 48 PORT SFP2 PORTS 48 PORT SFP2 PORTS 1 Year 04/30/ 0850G L3 QSFP+S 140 I/O(TAA) QSFP+S 140 I/O(TAA) Warranty 2024 Switching SK1008- Modular SIOM 16 PORTS SFP SIOM 16 PORTS SFP 1 Year 12/31/ 0816 L3 PLUS PLUS Warranty 2019 Switching SK1208- Modular SI/OFAB 8 SFP+PORTS SI/OFAB 8 SFP+PORTS 1 Year 12/31/ 0808-176 L3 W2 OPSLOTS W2 OPSLOTS Warranty 2019 Switching SK2008- Modular S 140 32PORT SFPP IO S140 32PORT SFPP IO 1 Year 04/30/ 0832 L3 Warranty 2024 Switching SK2008- Modular S 140 32PORT SFPP IO S140 32PORT SFPP IO 1 Year 04/30/ 0832G L3 (TAA) (TAA) Warranty 2024 Switching SK2009- Modular 5140 24PORT 10GBT IO 5140 24PORT 10GBT IO 1 Year 04/30/ 0824 L3 Warranty 2024 Switching SK2009- Modular 5140 24PORT 10GBT IO 5140 24PORT 10GBT IO 1 Year 04/30/ 0824G L3 (TAA) (TAA) Warranty 2024 Switching SK5208- Modular 155 CLASS UO FABRIC 8 155 CLASS I/O FABRIC 1 Year 12/31/ 0808-176 L3 PORTS 10GB + 2OM 8 PORTS 10GB + 2OM Warranty 2019 Switching SK8008- Modular S180 24PORT SFPP IO S180 24PORT SFPP IO 1 Year 04/30/ 1224 L3 Warranty 2024 Switching SK8008- Modular S180 24PORT SFPP S180 24PORT SFPP 1 Year 04/30/ 1224-178 L3 FABRIC FABRIC Warranty 2024 Switching SK8008- Modular S180 24PORT SFPP S180 24PORT SFPP 1 Year 04/30/ 1224-178G L3 FABRIC (TAA) FABRIC (TAA) Warranty 2024 Switching SK8008- Modular S180 24PORT SFPP IO S180 24PORT SFPP IO 1 Year 04/30/ 1224G L3 (TAA) (TAA) Warranty 2024 Switching SK8009- Modular 5180 24PORT 10GBT IO 5180 24PORT 10GBT IO 1 Year 04/30/ 1224 L3 Warranty 2024 Switching Attachment D Page 360 of 471 Page 434 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 58009- Modular 5180 24PORT 10GT 5180 24PORT 10GT 1 Year 04/30/ 1224-178 L3 FABRIC FABRIC Warranty 2024 Switching SK8009- Modular 5180 24PORT 10GBT 5180 24PORT 10GBT 1 Year 04/30/ 1224-F8G L3 FABRIC (TAA) FABRIC (TAA) Warranty 2024 Switching SK8009- Modular 5180 24PORT 10GBT IO 5180 24PORT 10GBT IO 1 Year 04/30/ 1224G L3 (TAA) (TAA) Warranty 2024 Switching SK8208- Modular 8 PORTS SFP+ 5180 8 PORTS SFP+ 5180 1 Year 04/30/ 0808-178 L3 FABRIC WITH 2 OP FABRIC WITH 2 OP Warranty 2024 Switching MOD MOD SK8208- Modular 8 PORTS SFP+ 5180 8 PORTS SFP+ 5180 1 Year 12/19/ 0808-F8G L3 FABRIC /2 OP FABRIC /2 OP Warranty 2023 Switching MOD(TAA) MOD(TAA) SKL8008- Modular 8 PORTS SFP+ 2 PORTS 8 PORTS SFP+2 PORTS 1 Year 12/19/ 0810-178 L3 QSFP+ 5180 FABRIC QSFP+ 5180 FABRIC Warranty 2023 Switching SKL8008- Modular 8 PORTS SFP+ 2 PORTS 8 PORTS SFP+2 PORTS 1 Year 04/30/ 0810-178G L3 QSFP+S 180 FAB(TAA) QSFP+S 180 FAB(TAA) Warranty 2024 Switching SL8013- Modular 5180 6PORT QSFP IO 5180 6PORT QSFP IO 1 Year 06/24/ 1206 L3 Warranty 2023 Switching SL8013- Modular 5180 6PORT QSFP IO A 5180 6PORT QSFP IO A 1 Year 04/30/ 1206A L3 Warranty 2024 Switching SL8013- Modular 5180 6PORT QSFP IO A 5180 6PORT QSFP IO A 1 Year 04/30/ 1206AG L3 (TAA) (TAA) Warranty 2024 Switching SL8013- Modular 5180 6PORT QSFP 5180 6PORT QSFP 1 Year 12/31/ 1206-178 L3 FABRIC FABRIC Warranty 2023 Switching SL8013- Modular 5180 6PORT QSFP 5180 6PORT QSFP 1 Year 04/30/ 1206-178A L3 FABRIC A FABRIC A Warranty 2024 Switching SL8013- Modular 5180 6PORT QSFP 5180 6PORT QSFP 1 Year 04/30/ 1206-178AG L3 FABRIC A(TAA) FABRIC A (TAA) Warranty 2024 Switching SOG2201- Modular 12 PORTS SFP TYPE1 12 PORTS SFP TYPE1 1 Year 04/30/ 0112 L3 OM OM Warranty 2024 Switching SOG2201- Modular 12 PORTS SFP TYPE1 12 PORTS SFP TYPE1 1 Year 04/30/ 0112G L3 OM (TAA) OM (TAA) Warranty 2024 Switching Attachment D Page 361 of 471 Page 435 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. SOG2218- Modular 10SFP 2SFP+PORTS 10SFP 2SFP+PORTS 1 Year 04/30/ 0212 L3 TYPE2 OM TYPE2 OM Warranty 2024 Switching SOGK2218- Modular 10SFP 2SFP+PORTS 10SFP 2SFP+PORTS 1 Year 04/30/ 0212G L3 TYPE2 OM (TAA) TYPE2 OM (TAA) Warranty 2024 Switching SOK2208- Modular 2 PORTS SFP+ TYPE1 2 PORTS SFP+ TYPE1 1 Year 04/30/ 0102 L3 OM OM Warranty 2024 Switching SOK2208- Modular 2 PORTS SFP+ TYPE1 2 PORTS SFP+ TYPE1 1 Year 04/30/ 0102G L3 OM (TAA) OM (TAA) Warranty 2024 Switching SOK2208- Modular 4 PORTS SFP+ TYPE1 4 PORTS SFP+ TYPE1 1 Year 04/30/ 0104 L3 OM OM Warranty 2024 Switching SOK2208- Modular 4 PORTS SFP+ TYPE1 4 PORTS SFP+ TYPE1 1 Year 04/30/ 0104G L3 OM (TAA) OM (TAA) Warranty 2024 Switching SOK2208- Modular 4 PORTS SFP+ TYPE2 4 PORTS SFP+ TYPE2 1 Year 04/30/ 0204 L3 OM OM Warranty 2024 Switching SOK2208- Modular 4 PORTS SFP+ TYPE2 4 PORTS SFP+ TYPE2 1 Year 04/30/ 0204G L3 OM (TAA) OM (TAA) Warranty 2024 Switching SOK2209- Modular 10GBT TYPE2 OPTION 10GBT TYPE2 OPTION 1 Year 04/30/ 0204 L3 MODULE MODULE Warranty 2024 Switching SOK2209- Modular 10GBT TYPE2 OPTION 10GBT TYPE2 OPTION 1 Year 04/30/ 0204G L3 MODULE(TAA) MODULE(TAA) Warranty 2024 Switching SOT2206- Modular 12 PORTS TRIPLE TYPE1 12 PORTS TRIPLE 1 Year 04/30/ 0112 L3 OM TYPEIOM Warranty 2024 Switching SOT2206- Modular 12 PORTS TRIPLE TYPE1 12 PORTS TRIPLE 1 Year 04/30/ 0112G L3 OM (TAA) TYPE I OM (TAA) Warranty 2024 Switching SOTK2268- Modular 10TS 2SFP+PORTS 10TS 2SFP+PORTS 1 Year 04/30/ 0212 L3 TYPE2 OM TYPE2 OM Warranty 2024 Switching SOTK2268- Modular 10TS 2SFP+PORTS 10TS 2SFP+PORTS 1 Year 04/30/ 0212G L3 TYPE2 OM (TAA) TYPE2 OM (TAA) Warranty 2024 Switching SOV3008- Modular 4 PORT VSB 4 PORT VSB 1 Year 04/30/ 0404 L3 EXPANSION MODULE EXPANSION MODULE Warranty 2024 Switching Attachment D Page 362 of 471 Page 436 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. SOV3008- Modular 4 PORT VSB 4 PORT VSB 1 Year 04/30/ 0404G L3 EXPANSION MODULE EXPANSION MODULE Warranty 2024 Switching TAA TAA SOV3208- Modular 2 VSB PORT TYPE2 OM 2 VSB PORT TYPE2 OM 1 Year 04/30/ 0202 L3 Warranty 2024 Switching SOV3208- Modular 2 VSB PORT TYPE2 OM 2 VSB PORT TYPE2 OM 1 Year 04/30/ 0202G L3 (TAA) (TAA) Warranty 2024 Switching S-POE-PS Modular SSERIES POE POWER SSERIES POE POWER 1 Year 04/30/ L3 SUPPLY SUPPLY Warranty 2024 Switching SP-SWSV-P- WiNG AIRDEFENSE ADSP AIRDEFENSE ADSP Software 1 Wireless SERVER SW LICENSE SERVER SW LICENSE Warrant SSA-AC-PS- Modular TAA COMLIANT SSA 1 Year 04/30/ 1000G L3 1000W PS Warranty 2024 Switching SSA-AC-PS- Modular SSA AC POWER SUPPLY S-Series Standalone (SSA 1 Year 01/15/ 1000W L3 1000W 5130 and SSA150 Class) Warranty 2025 Switching and S 1 Chassis - AC and PoE power supply, 15A, 110-240VAC input, 1000/1200W SSA-AC-PS- Modular SSA AC POWER SUPPLY S-Series Standalone (SSA 1 Year 01/15/ 625W L3 625W 5130 and SSA150 Class) - Warranty 2025 Switching AC power supply, 15A, 100-240VAC input, 625W SSA-EOS- Modular SSA DOUBLE USER SSA DOUBLE USER Software 2XUSER L3 CAPACITY LICENSE CAPACITY LICENSE Warranty Switching SSA-EOS- Modular VIRTUAL SWITCH VIRTUAL SWITCH Software VSB L3 BONDING SSA LICENSE BONDING SSA Warranty Switching LICENSE SSA-FAN- Modular SSA FAN S-Series Standalone (SSA 1 Year 01/15/ KIT L3 REPLACEMENT KIT S130 and S150 Class) - Warranty 2025 Switching Replacement fan assembly (Single FAN SSA-FB-AC- Modular SSA FTB PS 1/0 SIDE S-Series Standalone 1 Year 01/15/ PS-A L3 EXHAUST (SSA180 Front to Back) - Warranty 2025 Switching AC power supply, 15A, 100-240VAC input, I/O side exhaust SSA-FB-AC- Modular SSA FTB PS IO SIDE S-Series Standalone 1 Year PS-B L3 INTAKE (SSA180 Front to Back) - Warranty Switching AC power supply, 15A, Attachment D Page 363 of 471 Page 437 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. 100-240VAC input, I/O side intake SSA-FB- Modular SSA FRONT TO BACK SSA FRONT TO BACK 1 Year 01/15/ FAN L3 FAN TRAY FAN TRAY Warranty 2025 Switching SSA-FB- Modular TAA COMPLIANT TAA COMPLIANT 1 Year 04/30/ FAN-G L3 SSA180 FAN ASSEMBLY SSA180 FAN Warranty 2024 Switching ASSEMBLY SSA-FB- Modular OPTIONAL Optional Rack Mount Kit No 01/15/ MOUNTKIT L3 RACKMOUNT KIT FOR for the SSA180 'Front to Warranty 2025 Switching SSA FB MODELS Back' models. SSA-G1018- Modular SSA 48 SFP AND 4 SFPP SSA 48 SFP AND 4 SFPP 1 Year 03/31/ 0652 L3 PORTS 1X PORTS 1X Warranty 2021 Switching SSA-G8018- Modular SSA180 FRONT TO SSA180 FRONT TO 1 Year 01/15/ 0652 L3 BACK SFP BACK SFP Warranty 2025 Switching SSA-G8018- Modular TAA COMPLIANT TAA COMPLIANT 1 Year 04/30/ A-G L3 SSA180 SFP WITH 2 PSA SSA180 SFP WITH 2 Warranty 2024 Switching PSA SSA-G8018- Modular TAA COMPLIANT TAA COMPLIANT 1 Year 04/30/ -G L3 SSA180 SFP WITH 2 PSB SSA180 SFP WITH 2 Warranty 2024 Switching PSB SSA-T1068- Modular SSA 48TS RJ45 POEAT SSA 48TS RJ45 POEAT 1 Year 01/15/ 0652A L3 AND 4 SFPP PORT 1XA AND 4 SFPP PORT 1XA Warranty 2025 Switching SSA-T1068- Modular SSA150A TRIPLE SPEED SSA150A TRIPLE 1 Year 04/30/ 0652G L3 POE TAA SPEED POE TAA Warranty 2024 Switching SSA-T4068- Modular SSA 48 TS RJ45 POE AT SSA 48 TS RJ45 POE AT 1 Year 01/15/ 0252 L3 AND 4 SFPP PORT 4X AND 4 SFPP PORT 4X Warranty 2025 Switching SSA-T4068- Modular SSA 48 TS RJ45 POE AT 4 SSA 48 TS RJ45 POE AT 1 Year 04/30/ 0252-G L3 SFPP PORT 4X TAA 4 SFPP PORT 4X TAA Warranty 2024 Switching SSA-T8028- Modular SSA180 FRONT TO SSA180 FRONT TO 1 Year 01/15/ 0652 L3 BACK TRIPLESPEED BACK TRIPLESPEED Warranty 2025 Switching SSA-T8028- Modular TAA COMPLIANT TAA COMPLIANT 1 Year 04/30/ A-G L3 SSA180 TS WITH 2 PSA SSA180 TS WITH 2 PSA Warranty 2024 Switching SSA-T8028- Modular TAA COMPLIANT TAA COMPLIANT 1 Year 04/30/ -G L3 SSA180 TS WITH 2 PSB SSA180 TS WITH 2 PSB Warranty 2024 Switching Attachment D Page 364 of 471 Page 438 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. SSA-WALL- Modular SSA S130S150 CLASS SSA 5130, 5150 and 1 Year 01/15/ MOUNT L3 WALL MOUNT SSA180 class Wall Mount Warranty 2025 Switching BRACKET Bracket SSCON- Fixed L3 CONSOLE CABLE FOR No 11/01/ CAB SECURESTACK B2 AND Warranty 2023 C2 ST1206- Modular SIOM 48 PORTS TS RJ45 SIOM 48 PORTS TS 1 Year 12/31/ 0848 L3 POE AT W2 OPSL RJ45 POE AT W2 OPSL Warranty 2019 Switching ST1206- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF 1 Year 12/31/ 0848-176 L3 W2 OPTSLOTS POE W2 OPTSLOTS Warranty 2019 Switching ST2206- Modular 5140 48PORT TS IO 5140 48PORT TS IO 1 Year 12/31/ 0848 L3 Warranty 2023 Switching ST2206- Modular S140 48PORT TS IO A S140 48PORT TS IO A 1 Year 04/30/ 0848A L3 Warranty 2024 Switching ST2206- Modular 5140 48PORT TS IO A 5140 48PORT TS IO A 1 Year 04/30/ 0848AG L3 (TAA) (TAA) Warranty 2024 Switching ST4106- Modular SIOM 48 PORT TS RJ45 SIOM 48 PORT TS RJ45 1 Year 04/30/ 0248 L3 POE AT W 1 OPSLOT POE AT WI OPSLOT Warranty 2024 Switching ST4106- Modular SIOM 48P TS RJ45 POE SIOM 48P TS RJ45 POE 1 Year 04/30/ 0248G L3 AT W1 OPSLOT (TAA) AT W1 OPSLOT (TAA) Warranty 2024 Switching ST4106- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF 1 Year 01/30/ 0348-176 L3 WI OPTSLOTS POE WI OPTSLOTS Warranty 2023 Switching ST4106- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF 1 Year 04/30/ 0348-F6G L3 WI OPTSLOTS (TAA) POE WI OPTSLOTS Warranty 2024 Switching TAA ST5206- Modular 5155 I/O FABRIC 48 5155 I/O FABRIC 48 1 Year 12/31/ 0848-176 L3 PORTS TRIPLE+2 OM PORTS TRIPLE+ 2 OM Warranty 2019 Switching ST8206- Modular 5180 48PORT TS FABRIC 5180 48PORT TS 1 Year 09/30/ 0848-178 L3 FABRIC Warranty 2020 Switching ST8206- Modular 5180 48PORT TS FABRIC 5180 48PORT TS 1 Year 04/30/ 0848-178A L3 A FABRIC A Warranty 2024 Switching ST8206- Modular 5180 48PORT TS FABRIC 5180 48PORT TS 1 Year 04/30/ 0848-178AG L3 A (TAA) FABRIC A (TAA) Warranty 2024 Switching Attachment D Page 365 of 471 Page 439 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. STK-CAB- Fixed L3 2M STACKING CABLE 2M STACKING CABLE No 2M LIMITED SUPPORT LIMITED SUPPORT Warrant STK-CAB- Fixed L3 5M STACKING CABLE 5M STACKING CABLE No 12/31/ 5M Warranty 2022 STK-CAB- Fixed L3 1M STACKING CABLE 1M STACKING CABLE No LONG Warrant STK-CAB- Fixed L3 30CM STACKING 30CM STACKING No SHORT CABLE CABLE Warrant STK-RPS- Fixed L3 3 SLOT MODULAR 3 SLOT MODULAR 1 Year 1005C3 SHELF FOR 1005W PS SHELF FOR 1005W PS Warrant STK-RPS- Fixed L3 1005W 802.3AT POE 1005W 802.3AT POE Limited 1005PS REDUNDANT POWER REDUNDANT POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacem ent-2 STK-RPS- Fixed L3 2SLOT MODULAR 2SLOT MODULAR 1 Year 150C2 SHELF FOR 150W RPS SHELF FOR 150W RPS Warrant STK-RPS- Fixed L3 8SLOT MODULAR 8SLOT MODULAR 1 Year 15008 SHELF FOR 150W PS SHELF FOR 150W PS Warrant STK-RPS- Fixed L3 150W NO OE 150W NO OE Limited 150PS REDUNDANT POWER REDUNDANT POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacem ent-2 STK-RPS- Fixed L3 50OW 802.3AT POE 50OW 802.3AT POE Limited 50OPS REDUNDANT POWER REDUNDANT POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacem ent-2 STL2006- Modular 48 PORTS TRIPLE 2 48 PORTS TRIPLE 2 1 Year 04/30/ 0850 L3 PORTS QSFP+ 5140 UO PORTS QSFP+ 5140 I/O Warranty 2024 Switching Attachment D Page 366 of 471 Page 440 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. STL2006- Modular 48 PORTS TRIPLE 2P 48 PORTS TRIPLE 2P 1 Year 04/30/ 0850G L3 QSFP+ S140 I/O(TAA) QSFP+ S140 I/O(TAA) Warranty 2024 Switching SV-1252- WiNG KITAIRDEFENSE KITAIRDEFENSE 1 Year 07/31/ BK-1 Wireless BACKUP APPLIANCE BACKUP APPLIANCE Warranty 2022 1252 1252 Win SV-1252-P-1 WiNG KITAIRDEFENSE KITAIRDEFENSE 1 Year 07/31/ Wireless APPLIANCE MODEL APPLIANCE MODEL Warranty 2022 1252 1252 Win SV-3652- WiNG KITAIRDEFENSE KITAIRDEFENSE 1 Year 07/31/ BK-1 Wireless BACKUP APPLIANC BACKUP APPLIANC Warranty 2022 3652 3652 Win SV-3652-P-1 WiNG KITAIRDEFENSE KITAIRDEFENSE 1 Year 07/31/ Wireless APPLIANCE MODEL APPLIANCE MODEL Warranty 2022 3652 3652 Wing TS-0524-WR WING TS0524 POWER TS0524 POWER 1 Year 06/28/ Wireless BROADBAND SWITCH BROADBAND SWITCH Warranty 2024 Win TW-0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 07/13/ 60010-EU Wireless AP802.11 ABGN EU AP802.11 ABGN EU Lifetime 2022 Warranty Win TW-0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 07/13/ 60010-US Wireless AP802.11 ABGN US AP802.11 ABGN US Lifetime 2022 Warranty Win TW-0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 04/13/ 60010-WR Wireless AP802.11 ABGN WR AP802.11 ABGN WR Lifetime 2022 Warranty Win TW-0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 06/28/ 67030-1-WR Wireless NAC. WR NAC. WR Extreme Lifetime 2024 Warranty Win TW-0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 07/28/ 67030-EU Wireless NAC. EU NAC. EU Lifetime 2023 Warranty Win TW-0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 06/28/ 67030-US Wireless NAC. US NAC. US Lifetime 2024 Warranty Win TW-0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 07/28/ 67030-WR Wireless NAC. WR NAC. WR Lifetime 2023 Warranty Win Attachment D Page 367 of 471 Page 441 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. V300-8P-2T- VPE V3008P2TW V3008P2TW 8 port Limited W 10/100/1000BASET Lifetime POE+ ports half/full Warranty duplex 2x I O00BASET with ports POE powered express 802.3bt type 4 fanless Advanced Hardware Replacem ent VIM5-2Q Smart VIM5 2x40GE QSFP Versatile Interface Limited OmniEdge Module 5 with two Lifetime Switching 40GbE (QSFP) ports Warranty supported on with Extreme Switching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-2Y Smart VIM5 2x25GE SFP28 Versatile Interface Limited OmniEdge Module 5 with two Lifetime Switching 25GbE (SFP28) ports Warranty supported on with Extreme Switching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-4X Smart VIM5 4xlOGE SFP+ Versatile Interface Limited OmniEdge Module 5 with four Lifetime Switching I OGbE (SFP+) ports Warranty supported on with Extreme Switching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-4XE Smart VIM5 4xlOGE SFP+ Versatile Interface Limited OmniEdge MACsec LRM Module 5 with four Lifetime Switching I OGbE (SFP+) ports LRM Warranty MACsec capable with supported on express Extreme Switching X465 Advanced and VSP4900 Hardware Replacem ent Attachment D Page 368 of 471 Page 442 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. VIM54Y Smart VIM5 4x25GE SFP28 Versatile Interface Limited OmniEdge Module 5 with four Lifetime Switching 25GbE (SFP28) ports Warranty supported on with Extreme Switching X465 express and VSP4900 Advanced Hardware Replacem ent VIM54YE Smart VIM5 4x25GE SFP28 Versatile Interface Limited OmniEdge MACsec Module 5 with four Lifetime Switching 25GbE (SFP28) ports Warranty MACsec capable with supported on express Extreme Switching X465 Advanced and VSP4900 Hardware Replacem ent VMM-ANT- WiNG KITML2452VMM3M3036 KITML2452VMM3M303 I Month CON- Wireless 259026302R 6259026302R Warranty BUNDLE Wing VSP4900- EAN VSP490048P with I I OOW VSP490048P Bundle Limited 48P-BI PSU Bundle includes VSP490048P and Lifetime one 1100 AC PSU FB Warranty (10941) with express Advanced Hardware Replacem ent VSP4900- EAN VSP490048PBlVIM52Y VSP490048P Bundle Limited 48P- 1-2Y Bundle includes one VSP490048P Lifetime one 1100 AC PSU FB Warranty (10941) and one VIM52Y with express Advanced Hardware Replacem ent VSP4900- EAN VSP490048PBI VIM54X VSP490048P Bundle Limited 48P- 1-4X Bundle includes one VSP490048P Lifetime one 1100 AC PSU FB Warranty (10941) and one VIM54X with express Advanced Hardware Attachment D Page 369 of 471 Page 443 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Replacem ent VSP4900- EAN VSP490048PB1 VIM54XE VSP490048P Bundle Limited 48P-B 1-4XE Bundle includes one VSP490048P Lifetime one I I OOW AC PSU FB Warranty (10941) and one with VIM54XE express Advanced Hardware Replacem ent VSP7400- EAN VSP 7432CQ VSP 7400 32 x 100Gbps 1 Year 32C QSFP28 ports Score CPU Warranty 16GB RAM 128GB SSD 4post rack mount kit No PSU No Fans VSP7400- EAN VSP 7432CQF VSP 7400 32 x 100Gbps 1 Year 32C-AC-F QSFP28 ports Score CPU Warranty 16GB RAM 128GB SSD Single 750W AC PSU six fans 4post rack mount kit Front to Back Airflow VSP7400- EAN VSP 7432CQR VSP 7400 32 x 100Gbps 1 Year 32C-AC-R QSFP28 ports Score CPU Warranty 16GB RAM 128GB SSD Single 750W AC PSU six fans 4post rack mount kit Back to Front Airflow VSP7400- EAN VSP 740048Y8C VSP 7400 48 x 1 Year 48Y-8C 10/25Gbps SFP28 ports 8 Warranty x 100Gbps QSFP28 ports Score CPU 16GB RAM 128GB SSD 4post rack mount kit No PSU No Fans VSP7400- EAN VSP 740048Y8CACF VSP 7400 48 x 1 Year 48Y-8C-AC- 10/25Gbps SFP28 ports 8 Warranty F x 100Gbps QSFP28 ports Score CPU 16GB RAM 128GB SSD Single 750W AC PSU six fans 4post rack mount kit Front to Back Airflow VSP7400- EAN VSP 740048Y8CACR VSP 7400 48 x 1 Year 48Y-8C-AC- 10/25Gbps SFP28 ports 8 Warranty x 100Gbps QSFP28 ports Attachment D Page 370 of 471 Page 444 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Score CPU 16GB RAM 128GB SSD Single 750W AC PSU six fans 4post rack mount kit Back to Front Airflow VSP-PRMR- EAN VSP 4900 Premier License VSP 4900 Premier Software LE-LIC-P with MACsec Feature License with Warranty MACsec for I Chassis VSP-PRMR- EAN VSP Premier License VSP 7400 Premier Software LIC-P Feature License Includes Warranty Insight license VSP-PRMR- EAN VSP 4900 Premier License VSP 4900 Premier Software L-LIC-P Feature License for I Warranty Chassis VX-9000- WiNG LICENSEVX9000 1024X LICENSEVX9000 Software ADP-1024 Wireless ADAPTIVE AP 1024X ADAPTIVE AP Warranty VX-9000- WiNG LICENSEVX9000 16X LICENSEVX9000 16X Software ADP-16 Wireless ADAPTIVE AP ADAPTIVE AP Warranty VX-9000- WiNG LICENSEVX9000 256X LICENSEVX9000 256X Software ADP-256 Wireless ADAPTIVE AP ADAPTIVE AP Warranty VX-9000- WiNG LICENSEVX9000 512X LICENSEVX9000 512X Software ADP-512 Wireless ADAPTIVE AP ADAPTIVE AP Warranty VX-9000- WiNG LICENSEVX9000 64X LICENSEVX9000 64X Software ADP-64 Wireless ADAPTIVE AP ADAPTIVE AP Warranty VX-9000- WiNG LICENSEVX9000 LICENSEVX9000 Software APPLNC- Wireless APPLIANCE APPLIANCE Warranty LIC VX9- WiNG VX9000 MIGHT PERP VX9000 MIGHT Software NSIGHT-1 Wireless LIC FOR I AP PERPETUAL LICENSE Warranty FOR I AP VX9- WiNG VX9000 MIGHT PERP VX9000 MIGHT Software NSIGHT- Wireless LIC FOR 1024 APS PERPETUAL LICENSE Warranty 1024 FOR 1024 APS VX9- WiNG VX9000 MIGHT PERP VX9000 MIGHT Software NSIGHT-16 Wireless LIC FOR 16 APS PERPETUAL LICENSE Warranty FOR 16 APS VX9- WiNG VX9000 MIGHT PERP VX9000 MIGHT Software NSIGHT- Wireless LIC FOR 2048 APS PERPETUAL LICENSE Warranty 2048 FOR 2048 APS VX9- WiNG VX9000 MIGHT PERP VX9000 MIGHT Software NSIGHT- Wireless LIC FOR 256 APS PERPETUAL LICENSE Warranty 256 FOR 256 APS VX9- WiNG VX9000 MIGHT PERP VX9000 MIGHT Software NSIGHT-64 Wireless LIC FOR 64 APS PERPETUAL LICENSE Warranty FOR 64 APS Attachment D Page 371 of 471 Page 445 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. WAB910001 EAN WLAN 9100 WALL WLAN 9100 WALL 1 Year 06/30/ -E6 MOUNTING BRACKET MOUNTING BRACKET Warranty 2023 FOR 9122 9123 9132 U 9133 APs WAB910004 EAN ENCLOSURE 12X12X6 POLY ENCLOSURE 1 Year 04/08/ -E6 LATCH LOCK 12X12X6 LATCH LOCK Warranty 2023 4 WAB910005 EAN ENCLOSURE 14X12X6 POLY ENCLOSURE 1 Year 04/08/ -E6 KEY LOCK 14X12X6 KEY LOCK 4 Warranty 2023 N WAP913200 EAN WAP 9132 n/ac 2X2 ROO WLAN AP 9132 Limited 06/30/ -E6 US CANADA INDOOR n/ac 2X2 R00 Lifetime 2023 US Q CANADA Warranty Win WAP913201 EAN WAP 9132 N/AC 2X2 R01 WLAN AP 9132 Limited 06/30/ -E6 TAIWAN INDOOR N/AC 2X2 R01 Lifetime 2023 TAIWAN Warranty Win WAP913202 EAN WAP 9132 N/AC 2X2 R02 WLAN AP 9132 Limited 06/30/ -E6 MEXICO INDOOR N/AC 2X2 R02 Lifetime 2023 MEXICO Warranty Win WAP913203 EAN WAP 9132 N/AC 2X2 R03 WLAN AP 9132 Limited 06/30/ -E6 COLUMBIA INDOOR N/AC 2X2 R03 Lifetime 2023 COLUMBIA Warranty Win WAP913204 EAN WAP 9132 N/AC 2X2 R04 WLAN AP 9132 Limited 06/30/ -E6 SAUDI ARABIA INDOOR N/AC 2X2 R04 Lifetime 2023 SAUDI ARABIA Warranty Win WAP913205 EAN WAP 9132 N/AC 2X2 R05 WLAN AP 9132 Limited 06/30/ -E6 CHINA INDOOR N/AC 2X2 R05 Lifetime 2023 CHINA Warranty Win WAP913206 EAN WAP 9132 n/ac 2X2 R06 WLAN AP 9132 Limited 06/30/ -E6 EU EFTA INDOOR n/ac 2X2 R06 Lifetime 2023 EU EFTA Warranty Win WAP913207 EAN WAP 9132 N/AC 2X2 R07 WLAN AP 9132 Limited 06/30/ -E6 ISRAEL INDOOR N/AC 2X2 R07 Lifetime 2023 ISRAEL Warranty Win WAP913208 EAN WAP 9132 N/AC 2X2 R08 WLAN AP 9132 Limited 06/30/ -E6 AUSTRALIA INDOOR N/AC 2X2 R08 Lifetime 2023 AUSTRALIA Warranty Win Attachment D Page 372 of 471 Page 446 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. W 91320 EAN WAP 9132 N/AC 2X2 R09 WLAN AP 9132 Limited 06/30/ -E6 UAE INDOOR 2X2 I I AC R09 Lifetime 2023 UAE Warranty Wing W 91321 EAN WAP 9132 N/AC 2X2 RIO WLAN AP 9132 Limited 06/30/ -E6 SOUTH KOREA INDOOR N/AC 2X2 RIO Lifetime 2023 SOUTH KOREA Warranty Wing W 91321 EAN WAP 9132 N/AC 2X2 R11 WLAN AP 9132 Limited 06/30/ -E6 INDIA INDOOR N/AC 2X2 R11 Lifetime 2023 INDIA Warranty Wing W 91321 EAN WAP 9132 n/ac 2X2 R12 WLAN AP 9132 Limited 06/30/ -E6 JORDAN INDOOR n/ac 2X2 R12 Lifetime 2023 JORDAN Warranty Wing W 91321 EAN WAP 9132 N/AC 2X2 R13 WLAN AP 9132 Limited 06/30/ -E6 NEW ZEALAND INDOOR N/AC 2X2 R13 Lifetime 2023 NEW ZEALAND Warranty Wing W 91321 EAN WAP 9132 N/AC 2X2 R14 WLAN AP 9132 Limited 06/30/ -E6 THAILAND INDOOR N/AC 2X2 R14 Lifetime 2023 THAILAND Warranty Wing W 91321 EAN WAP 9132 n/ac 2X2 R15 WLAN AP 9132 Limited 06/30/ -E6 JAPAN INDOOR n/ac 2X2 R15 Lifetime 2023 JAPAN Warranty Wing W 91321 EAN WAP 9132 n/ac 2X2 R16 WLAN AP 9132 Limited 06/30/ -E6 DOMINICAN REP. INDOOR n/ac 2X2 R16 Lifetime 2023 DOMINICAN REP. Warranty Wing W 91321 EAN WAP 9132 n/ac 2X2 R17 WLAN AP 9132 Limited 06/30/ -E6 BAHAMAS INDOOR n/ac 2X2 R17 Lifetime 2023 BAHAMAS Warranty Wing W 91321 EAN WAP 9132 N/AC 2X2 R18 WLAN AP 9132 Limited 06/30/ -E6 QATAR INDOOR N/AC 2X2 R18 Lifetime 2023 QATAR Warranty Wing W 91321 EAN WAP 9132 n/ac 2X2 R19 WLAN AP 9132 Limited 06/30/ -E6 INDONESIA INDOOR n/ac 2X2 R19 Lifetime 2023 INDONESIA Warranty I I Wing I Attachment D Page 373 of 471 Page 447 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. WAP913220 EAN WAP 9132 n/ac 2X2 R20 WLAN AP 9132 Limited 06/30/ -E6 EGYPT INDOOR n/ac 2X2 R20 Lifetime 2023 EGYPT Warranty Wing W 91322 EAN WAP 9132 n/ac 2X2 R21 WLAN AP 9132 Limited 06/30/ -E6 BAHRAIN INDOOR n/ac 2X2 R21 Lifetime 2023 BAHRAIN Warranty Wing WAP913222 EAN WAP 9132 n/ac 2X2 R22 WLAN AP 9132 Limited 06/30/ -E6 LEBANON INDOOR n/ac 2X2 R22 Lifetime 2023 LEBANON Warranty Wing W 91322 EAN WAP 9132 N/AC 2X2 R25 WLAN AP 9132 Limited 06/30/ -E6 CHILE INDOOR N/AC 2X2 R25 Lifetime 2023 CHILE Warranty Wing W 91322 EAN WAP 9132 N/AC 2X2 R26 WLAN AP 9132 Limited 06/30/ -E6 HONG KONG INDOOR N/AC 2X2 R26 Lifetime 2023 HONG KONG Warranty Wing W 91322 EAN WAP 9132 N/AC 2X2 R27 WLAN AP 9132 Limited 06/30/ -E6 PERU INDOOR N/AC 2X2 R27 Lifetime 2023 PERU Warranty Wing W 91322 EAN WAP 9132 N/AC 2X2 R28 WLAN AP 9132 Limited 06/30/ -E6 VENEZUELA INDOOR N/AC 2X2 R28 Lifetime 2023 VENEZUELA Warranty Wing W 91322 EAN WAP 9132 N/AC 2X2 R29 WLAN AP 9132 Limited 06/30/ -E6 ARGENTINA INDOOR N/AC 2X2 R29 Lifetime 2023 ARGENTINA Warranty Wing W 91323 EAN WAP 9132 N/AC2X2 R30 WLAN AP 9132 Limited 06/30/ -E6 BRAZIL INDOOR N/AC 2X2 R30 Lifetime 2023 BRAZIL Warranty Wing W 91323 EAN WAP 9132 n/ac 2X2 R31 WLAN AP 9132 Limited 06/30/ -E6 BRUNEI INDOOR n/ac 2X2 R31 Lifetime 2023 BRUNEI Warranty Wing W 91323 EAN WAP 9132 N/AC 2X2 R32 WLAN AP 9132 Limited 06/30/ -E6 KUWAIT INDOOR N/AC 2X2 R32 Lifetime 2023 KUWAIT Warranty I I Wing I Attachment D Page 374 of 471 Page 448 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. W 91323 EAN WAP 9132 N/AC 2X2 R33 WLAN AP 9132 Limited 06/30/ -E6 MALAYSIA INDOOR N/AC 2X2 R33 Lifetime 2023 MALAYSIA Warranty Wing W 91323 EAN WAP 9132 N/AC 2X2 R34 WLAN AP 9132 Limited 06/30/ -E6 OMAN INDOOR N/AC 2X2 R34 Lifetime 2023 OMAN Warranty Wing W 91323 EAN WAP 9132 N/AC 2X2 R35 WLAN AP 9132 Limited 06/30/ -E6 PHILIPPINES INDOOR N/AC 2X2 R35 Lifetime 2023 PHILIPPINES Warranty Wing WAP913236 EAN WAP 9132 n/ac 2X2 R36 WLAN AP 9132 Limited 06/30/ -E6 SINGAPORE INDOOR n/ac 2X2 R36 Lifetime 2023 SINGAPORE Warranty Wing W 91323 EAN WAP 9132 N/AC 2X2 R37 WLAN AP 9132 Limited 06/30/ -E6 SOUTH AFRICA INDOOR N/AC 2X2 R37 Lifetime 2023 SOUTH AFRICA Warranty Wing WAP913238 EAN WAP 9132 n/ac 2X2 R3 8 WLAN AP 9132 Limited 06/30/ -E6 TRINIDAD INDOOR n/ac 2X2 R38 Lifetime 2023 TRINIDAD Warranty Wing W 91323 EAN WAP 9132 N/AC 2X2 R39 WLAN AP 9132 Limited 06/30/ -E6 TURKEY INDOOR N/AC 2X2 R39 Lifetime 2023 TURKEY Warranty Wing W 91324 EAN WAP 9132 N/AC 2X2 R40 WLAN AP 9132 Limited 06/30/ -E6 RUSSIA INDOOR N/AC 2X2 R40 Lifetime 2023 RUSSIA Warranty Wing W 91324 EAN WAP 9132 n/ac2X2 R41 WLAN AP 9132 Limited 06/30/ -E6 MACAU INDOOR n/ac 2X2 R41 Lifetime 2023 MACAU Warranty Wing WAP913243 EAN WAP 9132 n/ac 2X2 R43 WLAN AP 9132 Limited 06/30/ -E6 VIETNAM INDOOR n/ac 2X2 R43 Lifetime 2023 VIETNAM Warranty Wing WAP913246 EAN WAP 9132 n/ac 2X2 R46 WLAN AP 9132 Limited 06/30/ -E6 MOROCCO INDOOR n/ac 2X2 R46 Lifetime 2023 MOROCCO Warranty I I Wing I Attachment D Page 375 of 471 Page 449 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. W91324 EAN WAP 9132 n/ac 2X2 R47 WLAN AP 9132 Limited 06/30/ -E6 KENYA INDOOR n/ac 2X2 R47 Lifetime 2023 KENYA Warranty Wing WAP913248 EAN WAP 9132 n/ac 2X2 R48 WLAN AP 9132 Limited 06/30/ -E6 ALGERIA INDOOR n/ac 2X2 R48 Lifetime 2023 ALGERIA Warranty Wing WAP913249 EAN WAP 9132 n/ac 2X2 R49 WLAN AP 9132 Limited 06/30/ -E6 NIGERIA INDOOR n/ac 2X2 R49 Lifetime 2023 NIGERIA Warranty Wing WAP913250 EAN WAP 9132 n/ac 2X2 R50 WLAN AP 9132 Limited 06/30/ -E6 GHANA INDOOR n/ac 2X2 R50 Lifetime 2023 GHANA Warranty Wing WAP914400 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 ROO US CANADA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 ROO Warranty US CANADA Wing WAP914400 EAN WAP9144 WAVE 2 ROO WLAN AP 9144 Limited 06/30/ -E6ED US CAN (EDUC) RESTRICTED CODE Lifetime 2023 NOT AVAILABLE FOR Warranty GENERAL ORDERS Wing WAP914401 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R01 TAIWAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R01 Warranty TAIWAN Wing WAP914402 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R02 MEXICO INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R02 Warranty MEXICO Wing WAP914403 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R03 COLUMBIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R03 Warranty COLUMBIA Wing WAP914404 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R04 SAUDI ARABIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R04 Warranty SAUDI ARABIA Wing WAP914405 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R05 CHINA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R05 Warranty I CHINA Wing WAP914406 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R06 EU EFTA � INDOOR WAVE 2 Lifetime 2023 Attachment D Page 376 of 471 Page 450 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. DUAL RADIO 4X4 R06 Warranty EU EFTA Wing WAP914407 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R07 ISRAEL INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R07 Warranty ISRAEL Wing WAP914408 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R08 AUSTRALIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R08 Warranty AUSTRALIA Wing WAP914409 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R09 UAE INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R09 Warranty UAE Wing WAP914410 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R 10 SOUTH KOREA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R 10 Warranty SOUTH KOREA Wing W 91441 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R11 INDIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R I I Warranty INDIA Wing WAP914412 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R12 JO ON INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R12 Warranty JO ON Wing WAP914413 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R13 NEW ZEALAND INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R13 Warranty NEW ZEALAND Wing WAP914414 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R14 THAILAND INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R14 Warranty THAILAND Wing WAP914415 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R15 JAPAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R15 Warranty JAPAN Wing WAP914416 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R16 DOMINICAN P. INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R16 Warranty DOMINICAN P. Wing WAP914417 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R17 BAHAMAS INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R17 Warranty I IBAHAMAS I Wing I I Attachment D Page 377 of 471 Page 451 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. WAP914418 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R18QATAR INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R18 Warranty QATAR Wing WAP914419 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R19 INDONESIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R19 Warranty INDONESIA Wing WAP914420 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R20 EGYPT INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R20 Warranty EGYPT Wing WAP914421 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R21 BAHRAIN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R21 Warranty BAHRAIN Wing WAP914422 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R22 LEBANON INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R22 Warranty LEBANON Wing WAP914425 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R25 CHILE INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R25 Warranty CHILE Wing WAP914426 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R26 HONG KONG INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R26 Warranty HONG KONG Wing W91442 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R27 PERU INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R27 Warranty PERU Wing WAP914428 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 28 VENEZUELA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R28 Warranty VENEZUELA Wing WAP914429 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R29 ARGENTINA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R29 Warranty ARGENTINA Wing WAP914430 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R30 BRAZIL INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R30 Warranty I BRAZIL Wing I WAP914431 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R31 BRUNEI � INDOOR WAVE 2 Lifetime 2023 Attachment D Page 378 of 471 Page 452 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. DUAL RADIO 4X4 R31 Warranty BRUNEI Wing WAP914432 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R32 KUWAIT INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R32 Warranty KUWAIT Wing WAP914433 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R33 MALAYSIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R33 Warranty MALAYSIA Wing WAP914434 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R34 OMAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R34 Warranty OMAN Wing WAP914435 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R35 PHILIPPINES INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R35 Warranty PHILIPPINES Wing WAP914436 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R36 SINGAPORE INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R36 Warranty SINGAPORE Wing W 91443 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R37 SOUTH AFRICA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R37 Warranty SOUTH AFRICA Wing WAP914438 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R38 TRINIDAD INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R38 Warranty TRINIDAD Wing WAP914439 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R39 TURKEY INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R39 Warranty TURKEY Wing WAP914440 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R40 RUSSIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R40 Warranty RUSSIA Wing WAP914441 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R41 MACAU INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R41 Warranty MACAU Wing WAP914443 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R43 VIETNAM INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R43 Warranty I VIETNAM I Wing I Attachment D Page 379 of 471 Page 453 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. WAP914446 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R46 MOROCCO INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R46 Warranty MOROCCO Wing WAP914447 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R47 KENYA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R47 Warranty KENYA Wing WAP914448 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R48 ALGERIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R48 Warranty ALGERIA Wing WAP914449 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R49 NIGERIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R49 Warranty NIGERIA Wing WAP914450 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R50 GHANA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R50 Warranty GHANA Wing WLC0002N EAN WLAN 9100 2 AP 11N TO WLAN 9100 LICENSE Software 06/30/ AC I IAC LIC NU UPGRADE FOR 2 AP Warranty 2023 11N to I IAC LIC NU WLC0005A EAN WLAN 9100 APP WLAN 9100 Software 06/30/ PP CONTROL 5 AP LIC NU APPLICATION Warranty 2023 CONTROL LICENCE SW UPGRADE 5 AP LIC NU WLCOOION EAN WLAN 9100 10 AP 11N to WLAN 9100 LICENSE Software 06/30/ AC I IAC LIC NU UPGRADE FOR IOAP Warranty 2023 11N to I IAC LIC NU WLCO020A EAN WLAN 9100 APP WLAN 9100 Software 06/30/ PP CONTROL 20 AP LIC NU APPLICATION Warranty 2023 CONTROL LICENCE SW UPGRADE 20 AP LIC NU WLCO05ON EAN WLAN 9100 50 AP 11N to WLAN 9100 LICENSE Software 06/30/ AC I IAC LIC NU UPGRADE FOR 50 AP Warranty 2023 11N to I IAC LIC NU WLCO05OW EAN WLAN 9100 ORCH SYS WLAN 9100 Software 06/30/ OS 50 AP LIC NU ORCHESTRATION SYS Warranty 2023 LIC FOR 50 AP REQ. BASE SW LIC NU WLCOIOOW EAN WLAN 9 100 ORCH SYS WLAN 9100 Software 06/30/ OS 100 AP LIC NU ORCHESTRATION SYS Warranty 2023 Attachment D Page 380 of 471 Page 454 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. LIC FOR 100 AP REQ. BASE SW LIC NU WLCO200A EAN WLAN 9100 APP WLAN 9100 Software 06/30/ PP CONTROL 200 AP LIC APPLICATION Warranty 2023 NU CONTROL LICENCE SW UPGRADE 200 AP LIC NU WLC0500W EAN WLAN 9100 ORCH SYS WLAN 9100 Software 06/30/ OS 500 AP LIC NU ORCBESTRATION SYS Warranty 2023 LIC FOR 500 AP REQ. BASE SW LIC NU WLC1000W EAN WLAN 9100 ORCH SYS WLAN 9100 Software 06/30/ OS 1000 AP LIC NU ORCHESTRATION SYS Warranty 2023 LIC FOR 1000 AP REQ. BASE SW LICNU WOS9100E EAN WLAN 9100 ORCH WLAN 9100 Software 06/30/ SYSTEM LIC NU ORCHESTRATION Warranty 2023 SYSTEM SW ONLY Q. AP LIC NU WPR9100A1 EAN WLAN 9100 POE WLAN 9100 POE Limited 06/30/ -E6 INJECTOR NO PC INJECTOR FOR 912X Lifetime 2023 913X AP NO POWER Warranty CORD Win WS-AI- IdentiFi 2.4/5GHZ 120DEG DUAL 2.4/5GHZ 120DEG 1 Year 11/01/ DD05120 Wireless FD IND ANT DUAL FD IND ANT Warranty 2023 WS-AI- IdentiFi 2.4/5GHZ OMNI QUAD 2.4/5GHZ OMNI QUAD 1 Year 07/31/ DQ04360 Wireless FD IND ANT FD IND ANT Warranty 2024 WS-AI- IdentiFi 4 DBI IN OMNI HEED 1 Year 11/01/ DT04360 Wireless 2.4/5GHZ Warranty 2023 WS-ANT- IdentiFi 2.4GHZ INDOOR DIPOLE 2.4GHZ INDOOR 1 Year 11/01/ 2DIP-2 Wireless ANT DIPOLE ANT Warranty 2023 WS-ANT- IdentiFi 5GHZ INDOOR DIPOLE 5GHZ INDOOR DIPOLE 1 Year 11/01/ 5DIP-2 Wireless ANT ANT Warranty 2023 WS-AO- IdentiFi OUTDOOR 2.4G DIPOLE 1 Year 12/31/ 2DIPN3 Wireless 3 PACK Warranty 2019 WS-AO- IdentiFi OUTOOR 5G MIMO 9 OUTOOR 5G MIMO 9 1 Year 5D23009N Wireless DEG N DEG N Warrant WS-AO- IdentiFi OUTDOOR 5G DIPOLE 3 1 Year 12/31/ 5DIPN3 Wireless PACK Warranty 2019 WS-AO- IdentiFi OUTOOR DUAL BAND 1 Year 12/31/ DS02360N3 Wireless OMNI 3 PACK Warranty 2019 WS-AO- IdentiFi OUTOOR DUAL BAND OUTOOR DUAL BAND 1 Year 12/31/ DT05120N Wireless MIMO 120 DEG N MIMO 120 DEG N Warranty 2019 WS-AO- IdentiFi OUTDOOR DUAL BAND OUTDOOR DUAL 1 Year 12/31/ DX07025N Wireless MIA40 25 DEG N BAND MIMO 25 DEG N I Warranty 1 2019 Attachment D Page 381 of 471 Page 455 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. WS-AO- IdentiFi OUTDOOR DUAL BAND OUTDOOR DUAL I Year 12/31/ DX07180N Wireless MIMO 180 DEG N BAND MIMO 180 DEG Warranty 2019 N WS-AO- IdentiFi OUTDOOR DUAL BAND I Year 12/31/ DX10055N Wireless MIMO 55 DEG N Warranty 2019 WS-AO- IdentiFi OUTOOR DUAL BAND I Year 12/31/ DX13025N Wireless M 25 DEG N Warranty 2019 1 WS-AP37051 IdentiFi DUAL BAND 2X2X2 DUAL BAND 2X2X2 Limited 12/31/ Wireless MIMO INDOOR I I ABGN MIMO INDOOR Lifetime 2020 AP 11 ABGN AP Warranty with express Advanced Hardware Replacem ent-2 Ws- IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Lifetime 07/31/ AP3710E Wireless MIMO EXTERNAL MIMO EXTERNAL Warranty - 2020 ANTENNA ANTENNA NBD Ship for Indoor APs WS- 3710I IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Lifetime 07/31/ Wireless MIMO INTEGRATED MIMO INTEGRATED Warranty - 2020 ANTENNA ANTENNA NBD Ship for Indoor APs Ws- IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Limited 12/31/ AP3715E Wireless MIMO EXT ANTENNA 2 MIMO EXT ANTENNA Lifetime 2020 ENET 2ENET Warranty with express Advanced Hardware Replacem ent-2 WS-AP37151 IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Limited 12/31/ Wireless MIMO INT ANTENNA 2 MIMO INT ANTENNA 2 Lifetime 2020 ENET ENET Warranty with express Advanced Hardware Replacem ent-2 Attachment D Page 382 of 471 Page 456 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. S- IdentiFi DUALBAND 3X3X3 DUALBAND 3X3X3 1 Year 07/31/ AP3765E Wireless OUTDOOR 11AGN EXT OUTDOOR 11AGN EXT Warranty - 2020 ANT ANT Stand Alone Outdoor APs WS- 3765I IdentiFi DUALBAND 3X3X3 DUALBAND 3X3X3 1 Year 07/31/ Wireless OUTDOOR 11AGN INT OUTDOOR 11AGN INT Warranty - 2020 ANT ANT Stand Alone Outdoor APs WS- IdentiFi DUAL BAND 3X3X3 1 Year 07/31/ AP3767E Wireless OUT SFP 11AGN INT Warranty - 2020 ANT Stand Alone Outdoor APs WS- 3801I IdentiFi AP38011 AP38011 Limited 06/30/ Wireless DUALBANDSINGLE DUALBANDSINGLE Lifetime 2023 RADIO IIACBGN RADIO IIACBGN Warranty with express Advanced Hardware Replacem ent-2 WS- IdentiFi AP3805E 11AC DUAL Dual Radio 802.11ac/abgn Limited 06/30/ AP3805E Wireless RADIO EXT ANT 2x22 MIMO (on 5GHz) Lifetime 2023 indoor access point with Warranty four reverse polarity SMA with connectors for external express antenna array and Advanced integrated clips for flush Hardware rail drop ceiling mounting Replacem (antennas wall bracket or ent-2 protruded drop ceiling bracket must be ordered separately) WS-AP3805I IdentiFi AP3805111 AC DUAL Dual Radio 802.11ac/abgn Limited 06/30/ Wireless RADIO INT ANT 2x22 MIMO (on 5GHz) Lifetime 2023 indoor access point with Warranty four internal antenna array with and integrated clips for express flush rail drop ceiling Advanced mounting wall bracket or Hardware Attachment D Page 383 of 471 Page 457 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. protruded drop ceiling Replacem bracket must be ordered ent-2 separately) Ws- IdentiFi DUAL RADIO IIAC 3X33 DUAL RADIO IIAC Limited 06/30/ AP3825E Wireless MIMO EXT ANT 2 EN 3X33 MIMO EXT ANT 2 Lifetime 2023 EN Warranty with express Advanced Hardware Replacem ent-2 WS-AP38251 IdentiFi DUAL RADIO IIAC 3X33 DUAL RADIO IIAC Limited 06/30/ Wireless MIMO INT ANT 2 EN 3X33 MIMO INT ANT 2 Lifetime 2023 EN Warranty with express Advanced Hardware Replacem ent-2 Ws- IdentiFi DUAL RADIO DUAL RADIO I Year 12/31/ AP3865E Wireless 802.1 IAC/GN OUTDOOR 802.1 IAC/GN Warranty - 2023 EXT ANT OUTDOOR EXT ANT Stand Alone Outdoor APs WS-APCAP- IdentiFi SINGLE AP CAPACITY SINGLE AP CAPACITY Software I Wireless UPGRADE (C25 V2110 UPGRADE (C25 V2110 Warranty WS-APCAP- IdentiFi 100 AP CAPACITY 100 AP CAPACITY Software 100 Wireless UPGRADE (C5210) UPGRADE (C5210) Warranty I WS-APCA-P- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software IOOXFR Wireless TRANSFER LICENSE TRANSFER LICENSE Warranty WS-APCAP- IdentiFi 16 AP CAPACITY 16 AP CAPACITY Software 16 Wireless UPGRADE (C25 V2110 UPGRADE (C25 V2110 Warranty WS-APCAP- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 16XFR Wireless TRANSFER LICENSE TRANSFER LICENSE Warranty WS-APCAP- IdentiFi ONE AP CAPACITY ONE AP CAPACITY Software IXFR Wireless TRANSFER LICENSE TRANSFER LICENSE Warranty WS-APCAP- IdentiFi 25 AP CAPACITY 25 AP CAPACITY Software 25 Wireless UPGRADE (C5210) UPGRADE (C5210) Warranty I WS-APCA-P- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 25XFR Wireless TRANSFER LICENSE TRANSFER LICENSE Warranty WS-BASE- IdentiFi 802.11 ac Wired Wireless 802.11 ac Wireles Wired I Year 04/01/ DEM038 Wireless Security Bundle Security Demo bundle Warranty 2022 Attachment D Page 384 of 471 Page 458 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. with AP3825 access point DSeries PoE switch RADAR license Ws- IdentiFi C20/C20N WLAN CTL 16 C20/C20N WLAN CTL No 12/31/ C20XCAPU Wireless APS CAPACITY UPG 16 APS CAPACITY UPG Warranty 2020 P16 WS-C25 IdentiFi C25 WLAN C25 AN Lifetime 12/31/ Wireless CONTROLLER CONTROLLER Warranty - 2020 RTF 15 Day Ship WS-05210 IdentiFi C5210 WLAN C5210 WLAN I Year 03/31/ Wireless CONTROLLER CONTROLLER Warranty 2023 WS-CAB- IdentiFi 6DB LOSS 6DB LOSS I Year 06DBATN Wireless ATTENUATOR ATTENUATOR Warranty WS-CAB- IdentiFi IODB LOSS IODB LOSS I Year IODBATN Wireless ATTENUATOR ATTENUATOR Warranty WS-CAB- IdentiFi I ODBI ATTENUATOR I ODBI ATTENUATOR I Year IODBATN- Wireless WITH NTYPE WITH NTYPE Warranty SN CONNECTOR CONNECTOR Ws- IdentiFi INDOOR RSMA 10 FT INDOOR R-SMA 10 FT I Year CAB240- Wireless CABLE CABLE Warranty PIORP Ws- IdentiFi INDOOR RSA 25 FT INDOOR R-SMA 25 FT I Year CAB240- Wireless CABLE CABLE Warranty P25RP WS-CAB- IdentiFi 6DB ATTENUATOR 6DB ATTENUATOR I Year 6DBATN- Wireless WITH NTYPE WITH NTYPE Warranty SN CONNECTORS CONNECTORS WS-CAB- IdentiFi LMR200 20 FT N LMR200 20 FT N I Year L200C20N Wireless Warranty WS-CAB- IdentiFi LMR400 6 FT N LMR400 6 FT N I Year L400006N Wireless Warranty I WS-CAB- IdentiFi LMR400 20 FT N LMR400 20 FT N I Year L400C20N Wireless Warranty WS-CAB- IdentiFi LMR400 50 FT N LMR400 50 FT N I Year L400050N Wireless Warranty WS-CAB- IdentiFi LMR400 75 FT N LMR400 75 FT N I Year L400075N Wireless Warranty WS-CAB- IdentiFi LMR600 25 FT N LMR600 25 FT N I Year L600C25N Wireless Warranty WS-CAB- IdentiFi LMR600 50 FT N LMR600 50 FT N I Year L600050N Wireless Warranty WS-CAB- IdentiFi CABLE I FT LMR400 CABLE, I FT LMR400, I Year NP-RPNJ Wireless TYPEN PLUG TO RPNJ TYPE-N PLUG TO RPNJ I Warranty I Attachment D Page 385 of 471 Page 459 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. WS-CAB- IdentiFi CABLE 1 FT LMR400 CABLE, 1 FT LMR400, 1 Year NP-RPNP Wireless TYPEN PLUG TO RPNP TYPE-N PLUG TO Warranty RPNP WS-CAB- IdentiFi NTYPEPORT N-TYPE PORT 1 Year NTERM Wireless TERMINATOR TERMINATOR Warrant WS-CAB- IdentiFi RN JACK TO N JACK RN JACK TO N JACK 1 Year P10RJNJ Wireless EXTENDER EXTENDER Warrant WS-CAB- IdentiFi RN PLUG TO N PLUG RN PLUG TO N PLUG 1 Year P10 NP Wireless EXTENDER EXTENDER Warrant Ws- IdentiFi WLAN CONTROLLER 25 WLAN CONTROLLER Software CTLCAPUP Wireless APS CAPACITY UPG 25 APS CAPACITY UPG Warranty 25 WSCTLCAP IdentiFi 25 AP CAPACITY 25 AP CAPACITY Software UP25XFR Wireless TRANSFER LICENSE TRANSFER LICENSE Warrant WS-MB- IdentiFi OPTIONAL BRACKET No 11/01/ AI05120 Wireless FOR INDOOR 120 DEG Warranty 2023 ANT Ws- IdentiFi LICENSE TO ENABLE LICENSE TO ENABLE Software RADAR-1 Wireless RADAR ON ONE AP RADAR ON ONE AP Warrant Ws- IdentiFi LICENSE TO ENABLE LICENSE TO ENABLE Software RADAR-100 Wireless RADAR ON 100 APS RADAR ON 100 APS Warrant Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless LICENSE TRANSFER CAPACITY LICENSE Warranty 100XFR TRANSFER Ws- IdentiFi LICENSE TO ENABLE LICENSE TO ENABLE Software RADAR-16 Wireless RADAR ON 16 APS RADAR ON 16 APS Warrant Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless LICENSE TRANSFER CAPACITY LICENSE Warranty 16XFR TRANSFER Ws- IdentiFi RADAR XXX CAPACITY RADAR.XXX Software RADAR- Wireless LICENSE TRANSFER CAPACITY LICENSE Warranty 1XFR TRANSFER Ws- IdentiFi LICENSE TO ENABLE LICENSE TO ENABLE Software RADAR-25 Wireless RADAR ON 25 APS RADAR ON 25 APS Warrant Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless LICENSE TRANSFER CAPACITY LICENSE Warranty 25XFR TRANSFER S- G9P- IdentiFi V9 REG DOMAIN KEY V9 R G DOMAIN KEY No 03/31/ JP Wireless JAPAN JAPAN Warranty 2020 WS- G9P- IdentiFi V9 REG DOMAIN KEY V9 REG DOMAIN KEY Software 03/31/ NAM Wireless FCC FCC Warranty 2020 WS-REG9P- IdentiFi V9 REG DOMAIN KEY V9 REG DOMAIN KEY No 03/31/ ROW Wireless ROW ROW Warranty 2020 WS-V2110- IdentiFi V2110 VIRTUAL GW IL V2110 VIRTUAL GW IL Software 12/31/ 8-IL I Wireless I I I Warranty 1 2020 Attachment D Page 386 of 471 Page 460 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. WS-V2110- IdentiFi V2110 VIRTUAL GW JP V2110 VIRTUAL GW JP Software 12/31/ 8-JP Wireless Warranty 2020 WS-V2110- IdentiFi V2110 VIRTUAL GW V2110 VIRTUAL GW Software 12/31/ 8-NAM Wireless NAM NAM Warranty 2020 WS-V2110- IdentiFi V2110 VIRTUAL GW V2110 VIRTUAL GW Software 12/31/ 8-ROW Wireless ROW ROW Warranty 2020 WS-V2110- IdentiFi V2110 V9 VIRTUAL V2110 V9 VIRTUAL Software 03/31/ 9-IL Wireless APPLIANCE FOR APPLIANCE FOR Warranty 2020 ISRAEL ISRAEL WS-V2110- IdentiFi V2110 V9 VIRTUAL V2110 V9 VIRTUAL Software 03/31/ 9-JP Wireless APPLIANCE FOR JAPAN APPLIANCE FOR Warranty 2020 JAPAN WS-V2110- IdentiFi V2110 V9 VIRT APPL V2110 V9 VIRT APPL Software 03/31/ 9-NAM Wireless FCC REGULATORY FCC REGULATORY Warranty 2020 DOMAIN DOMAIN WS-V2110- IdentiFi V2110 V9 VIRT APPL V2110 V9 VIRT APPL Software 03/31/ 9-ROW Wireless ROW REGULATORY ROW REGULATORY Warranty 2020 DOMAIN DOMAIN X465- Smart X46524MU24W with Extreme Switching Limited 24MU-24W- OmniEdge I IOOW PSU Bundle X46524MU24W Bundle Lifetime I Switching includes X46524 24W Warranty and one I IOOW AC PSU with FB (10941) express Advanced Hardware Replacem ent X465- Smart X46524MU24W with Extreme Switching Limited 24MU-24W- OmniEdge 2000W PSU Bundle X46524MU24W Bundle Lifetime 2 Switching includes X46524 24W Warranty and one 2000W AC PSU with FB (XNACPWR2000WF) express Advanced Hardware Replacem ent X465- Smart X46524MU with I I OOW Extreme Switching Limited 24MU-B I OmniEdge PSU Bundle X46524MU Bundle Lifetime Switching includes X46524NM and Warranty one I I OOW AC PSU FB with (10941) express Advanced Hardware Replacem ent Attachment D Page 387 of 471 Page 461 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. X465- Smart X46524MU with 2000W Extreme Switching Limited 24MU-B2 OmniEdge PSU Bundle X46524NM Bundle Lifetime Switching includes X46524NM and Warranty one 2000W AC PSU FB with (XNACPWR2000WF) express Advanced Hardware Replacem ent X465-24W- Smart X46524W with I I OOW Extreme Switching Limited B I OmniEdge PSU Bundle X46524W Bundle Lifetime Switching includes X46524W and Warranty one I I OOW AC PSU FB with (10941) express Advanced Hardware Replacem ent X465-24W- Smart X46524W with 2000W Extreme Switching Limited B2 OmniEdge PSU Bundle X46524W Bundle Lifetime Switching includes X46524W and Warranty one 2000W AC PSU FB with (XNACPWR2000WF) express Advanced Hardware Replacem ent X465-48P- Smart X46548P with 1100W PSU Extreme Switching Limited BI OmniEdge Bundle X46548P Bundle includes Lifetime Switching X46548P and one I I OOW Warranty AC PSU FB (1094 1) with express Advanced Hardware Replacem ent X465-48T- Smart X46548T with 350W PSU Extreme Switching Limited B3 OmniEdge Bundle X46548T Bundle includes Lifetime Switching X46548T and one 350W Warranty AC PSU FB (10953) with express Advanced Hardware Replacem ent Attachment D Page 388 of 471 Page 462 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. X465-48W- Smart X46548W with I I OOW Extreme Switching Limited BI OmniEdge PSU Bundle X46548W Bundle Lifetime Switching includes X46548W and Warranty one I I OOW AC PSU FB with (10941) express Advanced Hardware Replacem ent X465-48W- Smart X46548W with 2000W Extreme Switching Limited B2 OmniEdge PSU Bundle X46548W Bundle Lifetime Switching includes X46548W and Warranty one 2000W AC PSU FB with (XNACPWR2000WF) express Advanced Hardware Replacem ent XA1440 EAN ExtremeAccess Platform ExtremeAccess Platform I Year 1440 1440 hardware appliance Warranty with 6 10/100/1 OOOMbps BaseT ports and 2 I/lOGb SFP+ ports includes Fan and I 12V external power adapter. Power Cord to be ordered separately XA1480 EAN ExtremeAccess Platform ExtremeAccess Platform I Year 1480 1480 hardware appliance Warranty with 6 10/100/1 OOOMbps BaseT ports and 2 I/lOGb SFP+ ports includes Fan and I 12V external power adapter. Power Cord to be ordered separately XBR- SRA FRU I I OOW DCP SNON FRU I I OOW DC Power I Year I I OOWPSDC PORTSME EXHAUST Supply for Warranty -01-F VDX6940144S with Non Port side exhaust airflow XBR- SRA FRU I I OOW FRU I I OOW DC Power I Year I I OOWPSDC DCPSPORTSfDE Supply for Warranty -01-R EXHAUST VDX6940144S with Port side exhaust airflow XBR- SRA FRU 250W DCPS/FAN DC Power supply(with I Year 250WPSDC- integrated fans) for Warranty F VDX6740DCF Attachment D Page 389 of 471 Page 463 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. R- SRA FRU 250W DCPS/FAN DC Power supply(with 1 Year 250WPSDC- integrated fans)for Warranty R VDX6740DCR R- SRA SLX FIXED FAN AC SLX Fixed FAN Front to 1 Year 3250CFM- PORTSIDE INTAKE Back airflow Warranty FAN-F XBR- SRA SLX FIXED FAN AC SLX Fixed FAN Back to 1 Year 3250CFM- PORTSIDE EXHAUST Front airflow Warranty FAN-R XBR- SRA FRU 50OW ACPS FRU 50OW AC Power No 500WPSAC- Supply with Non Port side Warranty 01-F exhaust airflow for VDX6740T XBR- SRA FRU 50OW ACPS FRU 50OW AC Power No 500WPSAC- Supply with Port side Warranty 01-R exhaust airflow for VDX 6740T XBR-AC- SRA FRU AC FAN FRU AC fan assembly 1 Year FAN-F with Non port side Warranty Exhaust airflow for VDX6740TF XBR-AC- SRA FRU AC FAN FRU AC fan assembly 1 Year FAN-R with port side Exhaust Warranty airflow for VDX6740TR R- SRA FRU3000W AC POWER 32slot Neth-on 1 Year ACPWR- SUPPLY MLXe/XNHUMLX AC Warranty 3000 3000W power supply XBR- SRA SLX FIXED AC 650W PS SLX Fixed AC 650W 1 Year ACPWR- PORTSIDE INTAKE Power Supply Front to Warranty 650-F Back airflow. Power cords not included. XBR- SRA SLX FIXED AC 650W PS SLX Fixed AC 650W 1 Year ACPWR- PORTSIDE EXHAUST Power Supply Back to Warranty 650-R Front airflow. Power cords not included. XBR-BLNK- SRA PNL BLANK IO Blank Panel 1 Year FULL MODULES/LC for X87704 and Warranty VDX87708 UO Modules XBR-BLNK- SRA PNL BLANK SFM/MM Blank Panel for 1 Year HALF FOR 4/8 SLOT CHASSIS VDX87704 and Warranty VDX87708 SFM and M mt Module Slots XBR-BLNK- SRA PNL BLANK PS FOR 4/8 Blank Panel for 1 Year PSU SLOT CHASSIS VDX87704 and Warranty VDX87708 PSU Slots Attachment D Page 390 of 471 Page 464 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. XBR-DC- SRA FRU CABLE HARNESS Cable harness for VDX No CBL-HRNS FOR VDX 69401445 DC 69401445 DC skus Warrant XBR- SRA FRU3000W DC POWER 32slot Neth-on 1 Year DCPWR- SUPPLY MLXe/XMIUMLX AC Warranty 3000 3000W power supply XBR- SRA SLX FIXED DC 650W PS SLX Fixed DC 650W 1 Year DCPWR- PORTSIDE INTAKE Power Supply Front to Warranty 650-F BDCk airflow. Power cords not included. XBR- SRA SLX FIXED DC 650W PS SLX Fixed DC 650W 1 Year DCPWR- PORTSIDE EXHAUST Power Supply BDCk to Warranty 650-R Front airflow. Power cords not included. XBR-FAN- SRA FRU FRU AC fan assembly 1 Year 40-F FAN40MMNONPORT with Non port sideExhaust Warranty SIDE EXHAUST airflow for VDX694036Q XBR-FAN- SRA FRU FAN40MMPORT FRU AC fan assembly 1 Year 40-R SIDE EXHAUST with port side Warranty Exhaustairflow for VDX694036Q XBR-FAN- SRA FRU FAN80MMNON FRU AC fan assembly 1 Year 80-01-F PORT SIDE EXHAUST with non port side Warranty Exhaust airflow for VDX6940144 S XBR-FAN- SRA FRU FAN80MMPORT FRU AC fan assembly 1 Year 80-01-R SIDE EXHAUST with port side Exhaust Warranty airflow for X6940144 S XBR-FAN- SRA FRUFAN ASSY 4/8 SLOT Fan FRU for VDX87704 1 Year FRU CHASSIS and VDX87708 Slot Warranty Chassis XBR-FLTR- SRA FRUM4 FILTER RPLCMT Filter replacement for all 1 Year 4DS 4 POSTSHELF DUCT VDX87704 installed with Warranty a duct shelf XBR-FLTR- SRA VDX87704 FILTER Filter replacement for all 1 Year 4TEL REPLACEMENT TELCO VDX87704 mid mounted Warranty 2POST on a 2 Post rack XBR-FLTR- SRA M8 FILTER FRU Filter replacement for all 1 Year 8 VDX87708 rack mounts Warrant XBR- SRA FRUSLX FIXED SLX Fixed Rackmount 1 Year R000297 RACKMOUNT KIT kit. 4post mid/flush mount Warranty compatible XBR-RMK- SRA VDX87708 RK KIT VDX87708 Rack kit for 1 Year 4P-8 4POST 2731RECD FLUSH Flushed or recessed mount Warranty on a 4 Post rack Attachment D Page 391 of 471 Page 465 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. XBR- - SRA VDX87704 RACK KIT 4 VDX87704 RACK KIT 4 1 Year FL-4 POST 2731FLUSH POST 2731 FLUSH Warrant XBR- - SRA VDX87704 RACK KIT4 VDX87704 RACK KIT 4 1 Year FL-4DS-2 POSTFLUSH MOUNT POST SHELF DUCT Warranty 2731 FLUSH (MODIFIED FOR GEN2 MODULES XBR- - SRA VDX87704 RACK KIT4 VDX87704 RACK KIT 4 1 Year RE-4DS-2 POSTRECESSED MNT POST SHELF DUCT Warranty 2731 RECESSED (MODIFIED FOR GEN2 MODULES XBR- - SRA VDX87704 RACK KIT VDX87704 RACK KIT 1 Year TELCO-4 TELCO 2POST MID MT TELCO (2 POST)MID Warranty FH MOUNT AND FLUSH XBR- - SRA VDX87708 RACK KIT VDX87708 RACK KIT 1 Year TELCO-8 TELCO 2POST MID MT TELCO (2POST)MID Warranty MOUNT XBR- SRA 2POST RACK Brocade SLX 9850 1 Year SLX9850-4- MOUNTING KIT FOR twopost rack mounting kit Warranty 2PRM-KIT SLX98504 for 4 slot chassis. Include telco flush and midplane mounting XBR- SRA 4POST RACK Brocade SLX 9850 1 Year SLX9850-4- MOUNTING KIT FOR fourpost rack mounting kit Warranty 4PRM-KIT SLX98504 for 4 slot chassis. Include 2731 flush and recessed mounting XBR- SRA FRUCABLE Brocade SLX 9850 Cable 1 Year SLX9850-4- MANAGEMENT KIT FOR Management kit for 4slot Warranty CAB SLX 98504 chassis XBR- SRA SLX98504 FAN MODULE Brocade SLX 9850 fan 1 Year SLX9850-4- module for 4slot chassis. Warranty FANM Fan module has 2 fans. XBR- SRA SLX98504 AIR FILTER Brocade SLX 9850 air 1 Year SLX9850-4- filter for 4slot chassis Warranty FLTR XBR- SRA NEBS KIT FOR SLX98504 Brocade SLX 9850 NEBS 1 Year SLX9850-4- kit for 4slot chassis. Warranty NEBS-KIT Includes air filter door air filter and cable management kit XBR- SRA SPARE SLX98504 Brocade SLX9850 Spare 1 Year SLX9850-4- CHASSIS 4slot chassis Warranty S Attachment D Page 392 of 471 Page 466 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA BLANK PANEL FOR Brocade SLX 9850 switch 1 Year SLX9850-4- SLX98504 SFM fabric module blank panel Warranty SF NL for 4slot chassis XBR- SRA 2POST RACK Brocade SLX 9850 1 Year SLX9850-8- MOUNTING KIT FOR twopost rack mounting kit Warranty 2PRM-KIT SLX98508 for 8 slot chassis. Include telco flush and midplane mounting XBR- SRA 4POST RACK Brocade SLX 9850 1 Year SLX9850-8- MOUNTING KIT FOR fourpost rack mounting kit Warranty 4PRM-KIT SLX98508 for 8 slot chassis. Include flush and recessed mounting XBR- SRA FRUCABLE Brocade SLX 9850 Cable 1 Year SLX9850-8- MANAGEMENT KIT FOR Management kit for 8slot Warranty CAB SLX 98508 chassis XBR- SRA SLX98508 FAN MODULE Brocade SLX 9850 fan 1 Year SLX9850-8- module for 8slot chassis. Warranty FANM Fan module has 4 fans. XBR- SRA SLX98508 AIR FILTER Brocade SLX 9850 air 1 Year SLX9850-8- filter for 8slot chassis Warranty FLTR XBR- SRA NEBS KIT FOR SLX98508 Brocade SLX 9850 NEBS 1 Year SLX9850-8- kit for 8slot chassis. Warranty NEBS-KIT Includes air filter door air filter and cable management kit XBR- SRA SPARE SLX98508 Brocade SLX9850 Spare 1 Year SLX9850-8- CHASSIS 8slot chassis Warranty S XBR- SRA BLANK PANEL FOR Brocade SLX 9850 switch 1 Year SLX9850-8- SLX98508 SFM fabric module blank panel Warranty SF NL for 8slot chassis XBR- SRA SLX9850 AC 3000W Brocade SLX 9850 AC 1 Year SLX9850- POWER SUPPLY 300OW power supply for Warranty ACPWR- 4slot and 8slot chassis 3000 90270V AC input XBR- SRA SLX9850 DC 3000W Brocade SLX 9850 DC 1 Year SLX9850- POWER SUPPLY 300OW power supply for Warranty DCPWR- 4slot and 8slot chassis 3000 48V DC input XBR- SRA BLANK PANEL FOR Brocade SLX 9850 1 Year SLX9850- SLX9850 INTERFACE interface module blank Warranty IMPNL MODULE panel for 4slot and 8slot chassis Attachment D Page 393 of 471 Page 467 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA BLANKPANEL FOR Brocade SLX 9850 1 Year SLX9850- SLX9850 MGMT management module Warranty MMPNL MODULE blank panel for 4slot and 8slot chassis XBR- SRA BLANK PANEL FOR Brocade SLX 9850 power 1 Year SLX9850- SLX9850 POWER supply blank panel for Warranty PW NL SUPPLY 4slot and 8slot chassis XBR- SRA FRUVDX674024PSFP+DC FRU VDX 6740T 48P 1 Year VDX6740- NONPORTSIDE EX 1GBASET PORTS2 Warranty 24-DC-F 40GBE QSFP+ UPGRADABLETO 10GBASET VIA LICENSE ONLY NO OPTICS AC NONPORT SIDE EXHAUST AIRFLOW XBR- SRA FRU X674024PSFP+ C FRU VDX 6740T 1 G 48P 1 Year VDX6740- PORTSIDE EXH AF 1GBASET PORTS2 Warranty 24-DC-R 40GBE QSFP+ UPGRADABLETO 10GBASET VIA LICENSE ONLY NO OPTICS AC PORT SIDE EXHAUST AIRFLOW XBR- SRA FRU X674024PSFP+AC FRU VDX 6740 24P 1 Year VX6740- NONPRT SD EX AF SFP+ AC NO ORT Warranty 24-F SIDE EXHAUST AIRFLOW XBR- SRA FRU X674024PSFP+AC FRU VDX 6740 24P 1 Year VDX6740- PORTSIDE EX AF SFP+ AC PORT SIDE Warranty 24-R EXHAUST AIRFLOW XBR- SRA FRUVDX6740T24PIOGT FRU VDX 6740T 24P 1 Year VDX6740T- DCNONPORTSIDE EX 10GBT DC NO ORT Warranty 24-DC-F SIDE EXHAUST AIRFLOW XBR- SRA FUVX6740T24P10GT FRU VDX 6740T 24P 1 Year VDX6740T- DCPRT SD EX AF 10GBT DC PORT SIDE Warranty 24-DC-R EXHAUST AIRFLOW XBR- SRA FUVX6740T24P10GT FRU VDX 6740T 24P 1 Year VDX6740T- ACNONPRT SD EX 10GBT AC NO ORT Warranty 24-F SIDE EXHAUST AIRFLOW XBR- SRA FUVX6740T24P10GT FRU VDX 6740T 24P 1 Year VDX6740T- ACPRT SD EX AF 10GBT AC PORT SIDE Warranty 24-R EXHAUST AIRFLOW Attachment D Page 394 of 471 Page 468 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FRUVDX6740TIG48PIG FRU VX 6740T 48P 1 Year VX6740T- BASET PORTSN 1GASET PORTS2 Warranty 56-1G-DC-F 40GBE QSFP+ UPGRADABLE TO 10GBASET VIA LICENSE ONLY NO OPTICS AC NONPORT SIDE EXHAUST AIRFLOW XBR- SRA FRUVDX6740TIG48PX FRU VDX 6740T 1 G 48P 1 Year VDX6740T- I GTNPORTS E EX 1GBASET PORTS2 Warranty 56-1G-DC-R 40GBE QSFP+ UPGRADABLE TO 10GBASET VIA LICENSE ONLY NO OPTICS DC PORT SIDE EXHAUST AIRFLOW XBR- SRA FUVX6740 T 1 G48P FRU VDX 6740T 48P 1 Year VDX6740T- XIGTNON PORT EX 1GBASET PORTS2 Warranty 56-1G-F 40GBE QSFP+ UPGRADABLETO 10GBASET VIA LICENSE ONLY NO OPTICS AC NONPORT SIDE EXHAUST AIRFLOW XBR- SRA FRUVDX6740TIG48PX FRU VDX 6740T 1 G 48P 1 Year VDX6740T- I GTPORTSIDE EX AF 1GBASET PORTS2 Warranty 56-1G-R 40GBE QSFP+ UPGRADABLETO 10GBASET VIA LICENSE ONLY NO OPTICS AC PORT SIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX 1 Year VX6940- VDX694024QACNON 694036Q base system Warranty 24Q-AC-F PORTSIDE EXHAUST with 24 40GbE QSFP+ ports AC powersupply NON PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX 1 Year VX6940- VDX694024QACPORTSI 694036Q base system Warranty 24Q-AC-R DE EXHAUST with 24 40GbE QSFP+ ports AC powersupply PORTSIDE EXHAUST AIRFLOW Attachment D Page 395 of 471 Page 469 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FRU FRU Brocade VDX 1 Year VX6940- VDX694024QDCNON 694036Q base system Warranty 24Q-DC-F PORTSIDE EXHAUST with 24 40GbE QSFP+ ports DC powersupply NON PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX 1 Year VX6940- VDX694024QDCPORTSI 694036Q base system Warranty 24Q-DC-R DE EXHAUST with 24 40GbE QSFP+ ports DC powersupply PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VX 1 Year VX6940- VDX694064SACNON 69401445 base system Warranty 64S-AC-F PORTSIDE EXHAUST with 64 10GbE SFP+ ports AC powersupply NON PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX 1 Year VX6940- VDX694064SACPORTSID 69401445 base system Warranty 64S-AC-R E EXHAUST with 64 10GbE SFP+ ports AC powersupply PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX 1 Year VX6940- VDX694064SDCNON 69401445 base system Warranty 64S-DC-F PORTSIDE EXHAUST with 64 10GbE SFP+ ports DC powersupply NON PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX 1 Year VX6940- VDX694064SDCPORTSID 69401445 base system Warranty 64S-DC-R E EXHAUST with 64 10GbE SFP+ ports DC powersupply PORTSIDE EXHAUST AIRFLOW XBR- SRA 4 SLOT 4 I/O Slot chassis 0 SFM 1 Year VX8770-4 CHAS SISOSFO 2FA 0 MM 2 FAN 0 PSU Warranty NOPS Blanks fully populated XBR- SRA 8 SLOT 8 I/O Slot chassis 0 SFM 1 Year VX8770-8 CHAS SISOSFO 4FA 0 MM 4 FAN 0 PSU Warranty NOPS Blanks fully populated XBR- SRA CONVERGED SERVICE FCOE S/W LICENSE 8 1 Year 10/31/ VDXFCOE- FRUVDX673016/24 8G FC ports 8 FC optics Warranty 2024 01 FOR VDX673024 X673016 Attachment D Page 396 of 471 Page 470 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. R- SRA CONVERGED SERVICE FCOE S/W LICENSE 16 1 Year 10/31/ VDXFCOE- FRUVDX674040/60 8G FC ports 16 FC optics Warranty 2024 02 FOR VDX673060 X673040 XEN- SRA FRU1100W FRU 1100W AC Power 1 Year 1100WPSAC PSACNONPORT SIDE supply for VDX6940144S Warranty -F EXHAUST AF NONPORTSIDE EXHAUST AF XEN- SRA FRU1100W FRU 1100W AC Power 1 Year 1100WPSAC PSACPORTSIDE supply for VDX6940144S Warranty -R EXHAUST AF PORTSIDE EXHAUST AF XEN- SRA FU250ACPS/FANNO Brocade VDX 6740 G620 1 Year 250PSAC- NPORTSIDE EXHAUST PS/Fan FRU NO ORT Warranty F SIDE EXHAUST AIR FLOW XEN- SRA FRU250WACPS/FANPOR Brocade VDX 6740 G620 1 Year 250WPSAC- T SIDE EXHAUST PS/Fan FRU PORT SIDE Warranty R EXHAUST AIR FLOW XEN- SRA FRU SERIAL CABLE Serial Cable (RJ45 1 Year R000030 RJ45 /ADAPTOR Connector) Warrant XEN- SRA FRU 6510 FIXED RACK FRU6510/6505/6710/674 No R000291 MOUNT KIT OFIXED RACK MOUNT Warranty KITfor 4 post racks XEN- SRA FRUMIDMOUNT KITBR FRU6510/6505/6710/674 No 000292 0 MIDMOUNTKIT for 2 Warranty ostracks XEN- SRA FRUFLUSH MOUNT Flush mount kit for 2 post No R000293 KIT 14U RM KITBR racks for VDX6710/VDX Warranty 6740 XEN- SRA FU2 POST MID MOUNT G620/VDX6940/VDX674 No 000294 KIT/FLUSH MOUNT KIT OT MIDMOUNT RACK Warranty KIT for 2 post racks XEN- SRA FRUUNIVERSAL RCK FRUUNIVERSAL RACK 1 Year R000295 MNT KIT4 POST MOUNT KIT4 POST Warranty 2432 DEPTH RCK VDX 6740T/ X6740TIG XEN- SRA FRUUNIVERSAL RCK G620/VDX6940/VDX674 No 000296 MNT KIT4 POST OT FIXED RACK Warranty MOUNT KIT for 4 post racks XEN- SRA SLX 9640 FAN AC 17213 SLX 9640 FAN Front to 1 Year SLX9640- AIRFLOW Back airflow Warranty FAN-F Attachment D Page 397 of 471 Page 471 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. XEN- SRA SLX 9640 FAN AC 132F SLX 9640 FAN Back to 1 Year SLX9640- AIRFLOW Front airflow Warranty FAN-R XEN-TWX- SRA FRU TWINAXI METERI FRU TWINAXI 1 Year 10/31/ 0101 PACK METERIPACK Warranty 2024 XEN-TWX- SRA FRU TWINAXI METER8 FRU TWINAXI 1 Year 10/31/ 0108 PACK METER8PACK Warranty 2024 XEN-TWX- SRA FRU TWINAX3 METERI FRU TWINAX3 1 Year 10/31/ 0301 PACK METERIPACK Warranty 2024 XEN-TWX- SRA FRU TWINAX3 METER8 FRU TWINAX3 1 Year 10/31/ 0308 PACK METER8PACK Warranty 2024 XEN-TWX- SRA FRU TWINAX5 METERI FRU TWINAX5 1 Year 10/31/ 0501 PACK METERIPACK Warranty 2024 XEN-TWX- SRA FRU TWINAX5 METER8 FRU TWINAX5 1 Year 10/31/ 0508 PACK METER8PACK Warranty 2024 XEN-USB- SRA FRU4GB USB DRIVEBR FRU 4 GB USB Drive 1 Year 4GB Warranty I XESN- Network Extreme Essential Plus Extreme Essential Plus Software PLUS-SW- Manageme Software Package Software Package Warranty PKG nt includes Network Management(NMS) AP Adoption Licenses and Network Access Control AC XN-2P- SRA Two Post NEBS Kit for Spare two post mounting 1 Year RKMT299 SLX9150 ear NEB earthquake kit Warranty for use in SLX9150 XN-2P- Smart 2P RMKIT X465 VSP4900 Optional two post rack Limited RMKIT-001 OmniEdge mount kit for Lifetime Switching Extreme Switching X465 Warranty and VSP4900 models. with Includes brackets for front express or midmount of chassis in Advanced a two post rack. Hardware Replacem ent XN-2P- Smart RM Kit 200 series X430 Rack Mount Kit Spare for No RMKIT-004 OmniEdge X435 X440G2 24 and 48 port models of Warranty Switching 200 series X430 X435 X440G2 XN-2P- EAN Two Post Rack Mount kit Optional two post rack No RMKIT-XA for XA 1400 mount kit for Warranty ExtremeAccess Platform 1400 models. Includes brackets for front mount Attachment D Page 398 of 471 Page 472 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. of chassis in a two post rack. X'N-4P- Smart Spare 4P RMKIT X465 Spare four post rack Limited RKMT-001 OmniEdge VSP4900 mount kit for use with Lifetime Switching Extreme Switching X465 Warranty and VSP4900 with express Advanced Hardware Replacem ent X'N-4P- EAN Four Post Rail Kit VSP Spare four post rack I Year RKMT298 7400 SLX9150 mount rail kit for use in Warranty VSP7400 SLX9150 XN- Smart 2000W AC PSU X465 Modular Power Supply I Year ACPWR- OmniEdge VSP4900 2000W AC Front to Back Warranty 2000W-F Switching Supported on Extreme Switching X465 and VSP4900 XN- EAN VSP/SLX 750W AC PSU AC 750W PSU Front to I Year ACPWR- Front to Bk airflow Back Airflow for use in Warranty 750W-F VSP7400 SLX9150 XN- EAN VSP/SLX 750W AC PSU AC 750W PSU Back to I Year ACPWR- Bk to Front airflow Front Airflow for use in Warranty 750W-R VSP7400 SLX9150 XN- EAN VSP/SLX 750W DC PSU DC 750W PSU Front to I Year DCPWR- Front to Bk airflow Back Airflow for use in Warranty 750W-F VSP7400 SLX9150 XN- EAN VSP/SLX 750W DC PSU DC 750W PSU Back to I Year DCPWR- Bk to Front airflow Front Airflow for use in Warranty 750W-R VSP7400 SLX9150 X'N-FAN- EAN VSP/SLX Front to Back Single Fan module Front I Year 001-F Fan to Back Airflow for use in Warranty VSP7400 SLX9150 X'N-FAN- EAN VSP/SLX Back to Front Single Fan module Back I Year 001-R Fan to Front Airflow for use in Warranty VSP7400 SLX9150 X'N-FAN- Smart Spare Fan Module X465 Spare fan module front to Limited 002-F OmniEdge VSP4900 back airflow supported on Lifetime Switching Extreme Switching X465 Warranty and VSP4900 with express Advanced Hardware Replacem ent Attachment D Page 399 of 471 Page 473 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. XNI- SRA SPARE FAN TRAY FOR Leadfree spare fan tray for 1 Year CE2000- NI CER/CES ROHS6 NetIron CES and NetIron Warranty FAN CER Series XN-SSD- Smart 120GB SSD MODULE Modular SSD 120GB 1 Year 001-120 OniEdge supported on Warranty Switching Extreme Switching X465 and V SP4900 Attachment D Page 400 of 471 Page 474 of 1269 rIIJ — i 1, r, Isul„ lI — e4 t' tf Fr F , v 's� Y,1 IF I I„ �� flsr I a • ®®•i e i i e ® ® ® i ® e i • i •® i ® i ..®® e .. e . e e e • ' e ' • i• .. . Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Table 1 - Extreme Product Warranty Summary of Entitlements Duration of Warranty Warranty Global Technical OPSoftware/Firmware Hardware Replacement' "Warranty Period" Assistance Center* Supportort Portal Availability 90 Days-Defective Return and Replace-Hardware 1 Year Warranty One Year One Year One Year Software Media shipped within 10 business days of Replacement receipt of defective asset Two years for Base Return and Replace-Hardware 5 Year Warranty Five Years Five Years Five Years Operational shipped within 10 business days of Software'Updates receipt of defective asset Product Lifetime for Base Operational Limited Lifetime Software Updates Product and Upgrades' Advanced exchange replacement Warranty-10 Business Product Lifetime' Product Lifetime hardware is shipped within 10 Day Ship Lifetime One Year for business days Advanced Software License Updates' Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty With Express Product Lifetime Product Lifetime Product Base Operational hardware shipped next business day Advanced Hardware Lifetime Software Updates' from RMA approval time Replacement6 Limited Lifetime Product One year for Return and Replace-Hardware Warranty 15 Day Return Product Lifetime Product Lifetime Lifetime Base Operational shipped within 15 business days of To Factory Ship Software Updates receipt of defective asset Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty With Express Product Lifetime Product Lifetime Product Base Operational hardware shipped next business day Advanced Hardware Lifetime Software Updates Replacement-2 and Upgrades from RMA approval time Software Warranty° 90 Days 90 Days 90 Days 90 Days N/A 1 Month Warranty 1 Month for Return and Replace-Hardware (WING)8 Hardware 90 Days 1 Month N/A shipped within 10 business days of receipt of defective asset 3 Month Warranty Return and Replace-Hardware (WING)8 3 Months 90 Days 3 Months N/A shipped within 10 business days of receipt of defective asset 1 Year Warranty 90 Days-Defective Return and Replace-Hardware n,o One Year 90 Days 1 Year software media shipped within 10 business days of (WING) replacement receipt of defective asset Limited Lifetime Product 90 Days-Defective Return and Replace-Hardware Warranty°(WING) Product Lifetime 90 Days Lifetime software media shipped within 10 business days of replacement receipt of defective asset Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty with Express ' Product Base Operational Advanced Hardware Product Lifetime Product Lifetime Lifetime Software Updates and hardware shipped next business day Replacement-BIUpgrades from RMA approval time *8 AM to 5 PM(Monday to Friday)local End User's time. 'Actual delivery times may vary c.3eperx.3ir7g on specific Er7c.3 User location. _Sustaining/Maintenance update releases as c.3erir7ec.3 by Extreme below. 'Base Operational Software as defined by Extreme below. 'This warranty is also applicable to the Wl AN and ADSP products acquired ,Product Lifetime is as further c.3erir7ec.3 ar7c.3 conditioned by Extreme below. from Zebra technologies by Extreme Networks. Provisions provided under the Extreme Warranty are continuations of the Zebra warranty provisions in 'Updates and Upgrades are as further defined by Extreme below. place at the time of the acquisition. Advanced Software I...icense and Advanced Software I...icense Updates are Global Technical support provided via: Telephone,Online Support Portal as further defined by Extreme below. and email for first 12 months,(from Warranty Start Date),Online Support 'Advanced exchange replacer7}ent hardware delivered next business Portal and err}all support for remainder of Warranty Period. day from RMA approval time for A2,B21/C2,B31/C3,G3 products in °Product I...ifetirrie for Wl AN9100 Products is 3 years post end of sale date. North America,Western Europe and Australia only.Advance Hardware Replacement as further defined and conditioned by Extreme below. WWW.EXTREMENETWORKS.COM 2 Attachment D Page 402 of 471 Page 476 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Product (Limited) Warranty To ensure timely receipt of Product Warranty entitlements as described herein, end-user customer must register your Hardware Product Warranty Extreme products. Product registration is required within Subject to the limitations and conditions set forth herein, 30 days after purchase to validate product warranty. Failure Extreme warrants to the original purchasing End User to do so may result in delays in receiving warranty support. that each unit of Extreme hardware products ("Hardware Product warranty registration is available at: Products" or "Products") will be free from defects in _ht ;,;V.JU.JU.J --n�-n Pt"vcmk, suionon material and workmanship under normal use consistent Y c stYat o with Extreme's published written specifications for the To determine the applicable warranty for a particular Product at the time of shipment. Warranty Period is for the product reference the Product. Wa''ar:t,y "alb.-,. duration specified in Table 1 - Product Warranty, beginning from the date of shipment. Breach of warranty will be Definitions Used in This Policy enforceable against Extreme only if written notice of Documentation- Extreme supplied or published then- such breach is received by Extreme within the applicable current technical documentation describing the features Warranty Period. and functions of the associated Products. Software Product Warranty Warranty Start Date- Used in this policy is from the date Subject to the limitations and conditions set forth herein, of shipment of the Product from Extreme, or in the case of Extreme warrants that commencing on the Warranty Start resale by an Extreme authorized reseller, commencing not Date and continuing for a period of ninety (90) days: (a) more than 90 days after shipment by Extreme. the media on which the Software is furnished will be free Warranty Duration - Product Lifetime- Except where of defects in materials and workmanship under normal otherwise defined, a period of time commencing on the use and (b) the Software substantially conforms to the Warranty Start Date from Extreme (see below) and ending documentation. Except for the foregoing limited warranty, on five years from the Product's announced end-of-sale the Software is provided "AS IS". This limited warranty date in accordance with Extreme's End of Life policy extends only to the Software purchased from an approved described at: ' t.t., ort source source by an End User who is the first registered end user. pol c -of tn_,po c y,/. For purposes of further clarity, End User's sole and exclusive remedy and the entire liability end-of-sale dates are defined in the Extreme End of Life of Extreme and its suppliers under this limited warranty Policy. Extreme Wireless Controllers Product Lifetime will be(i) replacement of the defective media and/or (ii) warranty duration is one year from the Product's end-of- at Extreme's sole option, repair or replacement of the sale date. Software subject to the condition that any error or defect constituting a breach of this limited warranty is reported Base Operational Software - Embedded software that is required to operate an Extreme-branded network device to Extreme within the warranty period. In no event does and is offered for sale as an inclusive component of such Extreme warrant that the Software is error free or that End User will be able to operate the Software without hardware network device product as further described in problems or interruptions. In addition, due to the continual Extreme's published price list applicable to such hardware development of new techniques for intruding upon and product ("Covered Product"). attacking networks, Extreme does not warrant that the Feature Packs and Advanced Software Licenses - Defined Software or any equipment, system or network on which as software enabled pursuant to authorized use of an the Software is used will be free of vulnerability to intrusion Extreme-issued license key that enables certain optional or attack. embedded software features in an Extreme Networks Remedies- In the event of a failure of any Product to network device and is offered for sale as an optional comply with the foregoing warranty during the applicable component of such hardware network device product as warranty period, Extreme shall, at its sole option, repair or further described in Extreme Networks' published price list replace the Product (which may include a workaround) or applicable to such hardware product ("Covered Product"). refund the fees paid for such Product following return of Advanced Software License Updates - Minor releases of such Product. The foregoing sets forth Customer's sole and Advanced Software Licenses that are optional embedded exclusive remedies for breach of warranty. software features of Covered Products. WWW.EXTREMENETWORKS.COM 3 Attachment D Page 403 of 471 Page 477 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Application Software- Defined as software that is not Extreme will use all commercially reasonable efforts required to operate a network device, such as management to pick pack and ship the hardware replacement using software or other standalone software. It is not an a commercial delivery service to customers' site. The enhancement to the Base Operational Software and may replacement part will be shipped via ground shipping with reside on another network device. shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery from an Extreme regional Upgrade and Update Software/ Firmware Release parts depot to the customer delivery site. Variation in Schema -A.B.C. business delivery days is possible depending on country • A = Major Release Number. Major software releases are of destination or geographical location with the country or upgrades. other factors. • B = Minor/Sustaining Release Number. Minor/ Extreme pays for the return freight of products from Sustaining releases are updates. Customer to Extreme, including any applicable taxes, duties and custom fees to country of shipment destination. Any • C = Maintenance/Sustaining Release Number. government or Brokers fees associated with the return of Maintenance/Sustaining releases are updates. products from Customer to Extreme in the country of origin Extreme Product Warranty Entitlements is Customers responsibility. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays Global Technical Assistance Center- Customer is entitled the freight of the unit shipped to customer, excluding any as part of this warranty to utilize Extreme warranty support applicable taxes, duties and custom fees in Customers line via email, Web form or telephone available from 8 destination country. Extreme will not be the importer of AM to 5 PM (Monday to Friday) local End User's time for record on any shipments to Customer. basic hardware and operational software troubleshooting Customer is responsible for returning the defective Product assistance in connection with warranty claims, including to an Extreme-authorized return facility. In the event that RMA's (excluding installation, configuration and general you fail to return the defective Product within ten (10) networking troubleshooting). business days of receipt of the replacement FRU, Extreme On-Line Support Portal - Customer shall also have access reserves the right to require customer to pay the full, or to Extreme Customer Support Website by registering the portion of the, List Price of the FRU or product component. Product and/or FRU at '. ppp U°•JOU°•J •J.vxi Extreme will send an invoice to customer that will reflect the amount to be paid. su ___product ��c��i�.��Pic��,', which may include, but is not limited to: (i) information about status and/or review Hardware Replacement: Return and Replace- Extreme of known hardware and/or software issues/problems, (ii) will make commercially reasonable efforts, at its expense,to access to technical documentation, (iii)the ability to log a see the shipping of a repaired or replacement FRU (feature, case, (iv) information about the status of outstanding RMAs. function and fit compatible) within 10 or 15 business days (depending upon affected product) of receipt of the Base Operational Software - Updates and Upgrades- defective FRU at an Extreme facility. Customer is entitled to receive any Base Operational Extreme will use all commercially reasonable efforts Software or Base Operational Software upgrades/updates to pick pack and ship the hardware replacement using that Extreme may develop and generally release on a commercial delivery service to customers' site. The Covered Products. replacement part will be shipped via ground shipping with Base Operational Software: Updates - Customer is entitled shipping charges prepaid. Shipments are designed to to receive any Base Operational Software updates achieve 2-4 business day delivery from an Extreme regional (i.e., sustaining and/or maintenance releases) that Extreme parts depot to the customer delivery site. Variation in may develop and generally release on Covered Products. business delivery days is possible depending on country of destination or geographical location with the country or Hardware Replacement: Advanced Exchange Next other factors. Business Day Ship - Extreme Networks must process the RMA relating to the defective product per the Advanced Customer pays for the return freight of the product to Extreme'sdesignated location, including any applicable Exchange Warranty RMA Times section of the Extreme taxes, duties andcustom fees in both country of origin and Networks Service Availability Matrix, Monday through destination. Customer must be the Exporter of Record for Friday, in order to ship the replacement product to your all product returns to Extreme. Extreme pays the freight site, by the end of day of the Next Business Day. Otherwise of the unit shipped to Customer, excluding any applicable Second Business Day shipment will be provided for RMA's taxes, duties and custom fees. Customer must be the processed after the time indicated. Importer of Record for all returns to Customer. WWW.EXTREMENETWORKS.COM 4 Attachment D Page 404 of 471 Page 478 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Advanced Hardware Replacement- Extreme provides for Actual delivery times may vary depending on specific the advanced shipment of replacement hardware. After a customer location. request for a replacement Field Replaceable Unit (FRU) Dead on Arrival (DOA) All hardware products include is validated for warranty entitlement by Extreme Global Advance Part Replacement (Next Business Day Shipment) Technical Assistance Center (GTAC)and a Return Material during the first 30 days after product shipment. For up to Authorization (RMA) number is processed, a new field thirty (30) days from the date of shipment of the Product replaceable unit (FRU), Extreme will make commercially from Extreme (or in the case of resale by an Extreme reasonable efforts,to pick, pack and ship the replacement authorized reseller or channel partner, commencing not FRU per the Hardware Replacement provisions as stated more than ninety (90)days after shipment by Extreme), in Table 1 (Warranty Summary of Entitlements) using a Extreme will use all commercially reasonable efforts to commercial delivery service to customer's site. provide Advanced Hardware Replacement of affected field Extreme will use all commercially reasonable efforts replaceable unit (FRU) of Hardware Products that fail to to pick pack and ship the hardware replacement using operate within twenty-four (24) hours of initial installation. a commercial delivery service to customers' site. The For purposes of this DOA policy, "fail to operate" shall mean replacement part will be shipped via ground shipping with a material failure to substantially perform in accordance shipping charges prepaid. Shipments are designed to with the Hardware Products' published Documentation. achieve 2-4 business day delivery from an Extreme regional Warranty Duration: Integrated Component Coverage- For parts depot to the customer delivery site. Variation in certain product families some Integrated Components, such business delivery days is possible depending on country as power supplies, fans, and cables, may have their own of destination or geographical location with the country or separate warranty duration which may be different than the other factors. product it is embedded in. For a listing, reference Table 2 - Extreme pays for the return freight of products from Integrated Component Coverage below. Customer to Extreme, including any applicable taxes, duties and custom fees to country of shipment destination. Any Table 2 - Integrated government or Brokers fees associated with the return of Components Coverage products from Customer to Extreme in the country of origin is Customers responsibility. Customer must be the Exporter The following components that are integrated within a of Record for all product returns to Extreme. Extreme pays product may have separate warranty provisions: the freight of the unit shipped to customer, excluding any Product Family Fans Power Supplies9 applicable taxes, duties and custom fees in Customers destination country. Extreme will not be the importer of Series N/A 3Years record on any shipments to Customer. 710oG 5 Years 5 Years Customer is responsible for returning the defective Product 'External Redundant Power Supplies are included in the warranty coverage for the A,B,and C Series.Redundant Power Supply Cables that are to an Extreme-authorized return facility In the event that shipped with External Redundant Power Supplies are covered under the you fail to return the defective Product within ten (10) Redundant Power supply Warranty. business days of receipt of the replacement FRU, Extreme Appliance Products and Products Sold Within a Bundle- reserves the right to require customer to pay the full, or For products that are sold in a "bundled" manner noted portion of the, List Price of the FRU or product component. as either a Bundle or as an Appliance in further defined Extreme will send an invoice to customer that will reflect in Extreme's published price list, the warranty provision the amount to be paid. provided is per each individual Product Part Number Hardware Replacement: General Provisions- Extreme that comprises the bundle, unless otherwise noted in the is not responsible for any delays related to export or price list. customs regulations or processes, or transportation issues. WWW.EXTREMENETWORKS.COM 5 Attachment D Page 405 of 471 Page 479 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Warranty Assumptions which have not been maintained in accordance with any handling or operating instructions supplied by Extreme, or Extreme is not responsible for any delays related to export that have been subjected to any unusual or non-standard or customs regulations or processes, in the event of force physical or electrical stress, misuse, negligence, accidents, majeure, or due to transportation issues. Actual delivery or causes beyond Extreme's control. The warranties and times may vary depending on specific customer location. corresponding entitlements set forth herein are for the Replacement Products will be warranted for the remaining benefit of and shall apply only to end user customer. warranty period of the original Products that were replaced, and may be new or refurbished products. If a warranty Disclaimer of Warranties claim is invalid for any reason and Extreme agrees to repair EXCEPT FOR THE EXPRESS WARRANTIES AND the returned Product even though it is not under warranty, CONDITIONS SET FORTH HEREIN, EXTREME MAKES Extreme reserves the right to charge for services performed NO OTHER WARRANTIES OR CONDITIONS RELATING and expenses incurred by Extreme in repairing, handling TO THE PRODUCTS AND/OR FRU(s) PROVIDED, AND and shipping the returned Product. Expendable parts, such SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY OTHER as fuses, lamps, filters, and other parts that are regularly EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND replaced due to normal use are excluded from this limited FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY Product Warranty. OF MERCHANTABILITY, FITNESS FOR PARTICULAR As to Products repaired or replaced during the original PURPOSE, ACCURACY OF INFORMATION, OR NON- warranty period for such Product, the warranty period INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT on the replacement Product or the repaired Product shall WILL EXTREME BE LIABLE TO CUSTOMER FOR ANY terminate 30 days after shipment to End User or upon INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR the termination of the original warranty period, whichever EXEMPLARY DAMAGES OF ANY KIND (INCLUDING BUT is longer. NOT LIMITED TO ANY LOST PROFITS OR LOST SAVINGS, Unless required for operational reasons or as otherwise LOSS OF USE OR INTERRUPTION OF BUSINESS, OR agreed between customer and Extreme in a separate PROCUREMENT OF SUBSTITUTE GOODS), HOWEVER writing, replacement FRU will be at the then-current CAUSED, WHETHER ARISING IN CONTRACT, TORT, minimum hardware, software and software release levels as BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY published by Extreme for the Product being replaced. OR OTHERWISE, EVEN IF EXTREME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER As to any out-of-warranty Products repaired, modified OR NOT ANY REMEDY PROVIDED HEREIN SHOULD FAIL or replaced by Extreme at Extreme's regular published OF ITS ESSENTIAL PURPOSE. EXTREME TOTAL LIABILITY charges, the warranty period with respect to the material UNDER THIS WARRANTY TO CUSTOMER IN RELATION TO and workmanship hereunder shall expire 30 days after the THE PRODUCT(S) AND/OR FRU(S) AND FULFILLMENT OF date of shipment of said Product to End User. WARRANTY SERVICES AS DEFINED HEREIN SHALL BE LIMITED TO THE AMOUNTS PAID TO EXTREME FOR SUCH Warranty Exclusions PRODUCT(S)AND/OR FRU(S). Limitation Use of Subcontractors The warranties set forth above shall not apply to: (i) any Extreme reserves the right to engage third party third party software or hardware, whether or not such subcontractors to perform any services defined herein on third party software or hardware is or was provided by behalf of Extreme. Extreme; (ii) any Products that have been modified or repaired by anyone or any entity other than Extreme or as authorized by Extreme in writing; or (iii) any Products Cm Extreme M http://www.extremenetworks.com/contact / Phone+1-408-579-2800 Customer-driven Networking <;2019 Extreme Networks,Inc.All rights reserved.Extreme Networks and the Extreme Networks logo are trademarks or registered trademarks of Extreme Networks,Inc.in the United States and/or other countries.All other names are the property of their respective owners.For additional information on Extreme Networks Trademarks please see http://www.extremenetworks.com/company/legal/trademarks.Specifications and product availability are subject to change without notice.10021-0419-05 WWW.EXTREMENETWORKS.COM 6 Attachment D Page 406 of 471 Page 480 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme- End End User License Agreement Customer-Driven NetworkIng This document is an agreement("Agreemenf')between You, the end user, and Extreme Networks, Inc., on behalf of itself and its Affiliates ("Extreme")that sets forth Your rights and obligations with respect to the"Licensed Materials". BY INSTALLING SOFTWARE AND/OR THE LICENSE KEY FOR THE SOFTWARE("License Key")(collectively,"Licensed Software"),IF APPLICABLE,COPYING,OR OTHERWISE USING THE LICENSED SOFTWARE AND/OR ANY OF THE LICENSED MATERIALS UNDER THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT,WHICH INCLUDES THE LICENSE(S)AND THE LIMITATION(S) OF WARRANTY AND DISCLAIMER(S)/LIMITATION(S) OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,RETURN THE LICENSE KEY(IF APPLICABLE)TO EXTREME OR YOUR DEALER,IF ANY,OR DO NOT USE THE LICENSED SOFTWARE AND/OR LICENSED MATERIALS AND CONTACT EXTREME OR YOUR DEALER WITHIN TEN(10)DAYS FOLLOWING THE DATE OF RECEIPT TO ARRANGE FOR A REFUND. 1. DEFINITIONS. "Affiliates"means,with respect to a party,any person,partnership,corporation,limited liability company,or other form of enterprise that directly or indirectly through one or more intermediaries,controls,or is controlled by,or is under common control with such party."Server Application" means the software application associated to software authorized for installation(per License Key,if applicable)on one or more of Your servers as further defined in the Ordering Documentation. "Client Application''means the application to access the Server Application. "Network Device"means a physical computer device,appliance,appliance component,controller,wireless access point,or virtual appliance as further described within the applicable product documentation,which includes,without limitation, the Order Documentation. "Licensed Materials"means the Licensed Software (including,without limitation,the Server Application and Client Application),Network Device(if applicable,but excluding any ODM Network Device),Firmware,media embodying software,and the accompanying documentation. "Concurrent User"means any of Your individual employees who You provide access to the Server Application at any one time. "Firmware"means any software program or code embedded in chips or other media."Standalone"software is software licensed for use independent of any hardware purchase as identified in the Ordering Documentation. "ODM Network Device"means a Network Device purchased by You from a Specified ODM as identified in the Ordering Documentation. "Specified ODM"means an original device manufacturer as identified in the Ordering Documentation. "Licensed Software" collectively means the software, including without limitation Standalone software, Firmware,Server Application,Client Application or other application licensed with conditional use parameters as defined in the Ordering Documentation. "Ordering Documentation" means the applicable price quotation, corresponding purchase order, relevant invoice, order acknowledgement, and accompanying documentation or specifications for the products and services purchased, acquired or licensed hereunder from Extreme either directly or indirectly. "Open Source Software" means any software code or component that is distributed as open source software or freeware or is otherwise distributed publicly or made generally available in source code form under terms that permit modification and redistribution on one or more triggering conditions. 2. TERM. This Agreement is effective from the date on which You accept the terms and conditions of this Agreement via click-through,commence using the products and services or upon delivery of the License Key if applicable,and shall be effective until terminated. In the case of Licensed Materials offered on a subscription basis,the term of"licensed use"shall be as defined within Your Ordering Documentation. 3. GRANT OF LICENSE. Extreme hereby grants You a non-transferable,non-sublicensable,non-exclusive license to use the Licensed Materials and the accompanying documentation for Your own business purposes,subject to the terms and conditions of this Agreement,applicable licensing restrictions, and any term,user server networking device,field of use,or other restrictions as set forth in Your Ordering Documentation. If the Licensed Materials are being licensed on a subscription and/or capacity basis, the applicable term and/or capacity limit of the license shall be specified in Your Ordering Documentation. You may install and use the Licensed Materials as permitted by the license type purchased as described below in License Types. The license type purchased is specified in the Ordering Documentation. YOU MAY NOT USE,COPY,OR MODIFY THE LICENSED MATERIALS,IN WHOLE OR IN PART,EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. 4. LICENSE TYPES. • Single User,Single Network Device. Under the terms of this license type,the license granted to You by Extreme authorizes You to use the Licensed Materials as bundled with a single Network Device as identified by a unique serial number for the applicable term,if and as specified in Your Ordering Documentation,or any replacement for that Network Device for that same term,for internal use only. A separate license,under a separate license agreement,is required for any other Network Device on which You or another individual,employee or other third party intend to use the Licensed Materials.A separate license under a separate license agreement is also required if You wish to use a Client license(as described below). • Single User,Multiple Network Devices. Under the terms of this license type,the license granted to You by Extreme authorizes You to use the Licensed Materials with a defined amount of Network Devices as defined in the Ordering Documentation. • Client. Under the terms of the Client license,the license granted to You by Extreme will authorize You to install the License Key for the Licensed Materials on Your server and allow the specific number of Concurrent Users as ordered by you and is set forth in Your Ordering Documentation. A separate license is required for each additional Concurrent User. • Standalone. Software or other Licensed Materials licensed to You for use independent of any Network Device. • Subscription. Licensed Materials,and inclusive Licensed Software,Network Device or related appliance updates and maintenance services,licensed to You for use during a subscription period as defined in Your applicable Ordering Documentation. • Capacity. Under the terms of this license,the license granted to You by Extreme authorizes You to use the Licensed Materials up to the amount of capacity or usage as defined in the Ordering Documentation. 5. AUDIT RIGHTS. You agree that Extreme may audit Your use of the Licensed Materials for compliance with this Agreement and Your License Type at any time,upon reasonable notice. In the event that such audit reveals any use of the Licensed Materials by You other than in full compliance with the Attachment 9 Page 407 71 Of 1269 December 2018 EULA Page 1 of 4 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks End User License Agreement license granted and the terms of this Agreement,Extreme reserves the right to charge You for all reasonable expenses related to such audit in addition to any other liabilities and overages applicable as a result of such non-compliance,including but not limited to additional fees for Concurrent Users,excess capacity or usage over and above those specifically granted to You. From time to time,the Licensed Materials may upload information about the Licensed Materials and the associated usage to Extreme.This is to verify the Licensed Materials are being used in accordance with a valid license and/or entitlement. By using the Licensed Materials,you consent to the transmission of this information. 6. RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS. Except as expressly permitted in this Agreement,You may not copy or otherwise reproduce the Licensed Materials. In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile,disassemble,electronically transfer,reverse engineer,extract or otherwise derive,the source code and any other ideas,algorithms or procedures from the Licensed Materials,including without limitation the Licensed Software,or to translate the Licensed Materials into another computer language, except to the extent that Extreme is not permitted by applicable law to exclude or limit such rights. The media or software in other form embodying the Licensed Materials may be copied by You,in whole or in part,into machine-readable form,in sufficient numbers only for backup or archival purposes,or to replace a worn or defective copy. However,You agree not to have more than two(2)copies of the Licensed Software in whole or in part, including without limitation the original media,in Your possession for said purposes without Extreme's prior written consent,and in no event shall You operate more copies of the Licensed Software than the specific licenses granted to You. Notwithstanding the above,you may not copy or reproduce the documentation. You agree to maintain appropriate records of the location of the original media and all copies of the Licensed Software,in whole or in part,made by You. You agree to include any copyright,trademark,claims of confidentiality,or trade secrets,or other proprietary notice set forth on the label of the media embodying the Licensed Software on any copy of the Licensed Materials in any form,in whole or in part,or on any modification of the Licensed Materials or any such modular work containing the Licensed Materials or any part thereof. 7. TITLE AND PROPRIETARY RIGHTS. (a) The Licensed Materials are copyrighted works and,as between You and Extreme,are the sole and exclusive property of Extreme,its Affiliates,and/or its and their suppliers. This Agreement conveys a limited right to operate the Licensed Materials and shall not be construed to convey title to the Licensed Materials to You. There are no implied rights. You shall not sell,lease,transfer,sublicense,dispose of,or otherwise make available the Licensed Materials or any portion thereof,to any other party. (b) You further acknowledge that in the event of a breach of this Agreement,Extreme shall suffer severe and irreparable damages for which monetary compensation alone will be inadequate. You therefore agree that in the event of a breach of this Agreement,Extreme shall be entitled to monetary damages and its reasonable attorney's fees and costs in enforcing this Agreement,as well as injunctive relief to restrain such breach,in addition to any other remedies available to Extreme. 8. PROTECTION AND SECURITY. In the performance of this Agreement or in contemplation thereof,You and Your employees and agents may have access to private or confidential information owned or controlled by Extreme relating to the Licensed Materials supplied hereunder including, but not limited to,product specifications and schematics, and such information may contain proprietary details and disclosures. All information and data so acquired by You or Your employees or agents under this Agreement or in contemplation hereof shall be and shall remain Extreme's exclusive property, and You shall use all commercially reasonable efforts to keep,and have Your employees and agents keep,any and all such information and data confidential, and shall not copy,publish,or disclose it to others,without Extreme's prior written approval,and shall return,destroy or expunge such information and data to Extreme at its request. Nothing herein shall limit Your use or dissemination of information not actually derived from Extreme or of information which has been or subsequently is made public by Extreme,or a third party having authority to do so. You agree not to deliver or otherwise make available the Licensed Materials or any part thereof,including without limitation the object or source code (if provided)of the Licensed Software,to any party other than Extreme or its employees,except for purposes specifically related to Your use of the Licensed Materials on a single computer as expressly provided in this Agreement,without the prior written consent of Extreme. You acknowledge that the Licensed Materials contain valuable confidential information and trade secrets,and that unauthorized use,copying and/or disclosure thereof are harmful to Extreme, its Affiliates,and its and their suppliers. 9. MAINTENANCE AND UPDATES. Except as otherwise defined below, updates and certain maintenance and support services,if any, shall be provided to You pursuant to the terms of a separate service and/or maintenance agreement,if Extreme and You enter into such an agreement. Except as specifically set forth in such agreement,Extreme shall not be under any obligation to provide updates,modifications,or enhancements,or maintenance and support services for the Licensed Materials to You. If you have purchased Licensed Materials on a subscription basis then the applicable service terms for Your Licensed Materials are as provided in Your Ordering Documentation.Extreme will perform the maintenance and updates in a timely and professional manner,during the term of Your subscription,using qualified and experienced personnel. You will cooperate in good faith with Extreme in the performance of the support services including,but not limited to,providing Extreme with: (a)access to the Extreme Licensed Materials(and related systems),and(b) reasonably requested assistance and information. Further information about the applicable maintenance and updates terms can be found on Extreme's website at Ilp://www.extremenetworks.com/co=anv/legal/tenns-of-sMport. 10. DEFAULT AND TERMINATION. In the event that You shall fail to keep, observe, or perform any obligation under this Agreement, including without limitation a failure to pay any sums due to Extreme,or in the event that you become insolvent or seek protection,voluntarily or involuntarily,under any bankruptcy law,Extreme may,in addition to any other remedies it may have under law,terminate this Agreement and any other related agreements between Extreme and You. (a) Immediately after any termination of this Agreement,Your licensed subscription term,or if You have for any reason discontinued use of Licensed Materials,You shall return to Extreme,destroy or expunge(in Extreme's discretion)the original and any copies of the Licensed Materials and remove the Licensed Materials,including without limitation any Licensed Software,from any Network Devices,and certify in writing that through Your best efforts and to the best of Your knowledge the original and all copies of the terminated or discontinued Licensed Materials have been returned to Extreme,destroyed or expunged. (b) Sections 1,7,8,10,11,12,13,14 and 15 shall survive expiration or termination of this Agreement for any reason. Attachment 9 Page 408 71 Of 1269 December 2018 EULA Page 2 of 4 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks End User License Agreement 11. EXPORT REQUIREMENTS. You are advised that the Licensed Materials,including without limitation the Licensed Software,is of United States origin and subject to United States Export Administration Regulations;diversion contrary to United States law and regulation is prohibited. You agree not to directly or indirectly export,re-export,import or transmit the Licensed Materials,including without limitation the Licensed Software to any country, end user or for any use that is prohibited by applicable United States laws or regulations(including but not limited to those countries embargoed from time to time by the United States government)or contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export,re- export,import,transmission or use. 12. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials (i) incorporate commercial computer software and commercial computer software documentation developed exclusively at private expense,and(ii)are in all respects proprietary property belonging solely to Extreme or its suppliers.If You are acquiring the Licensed Materials on behalf of any part of the U.S.government,the following provisions apply.The object code and accompanying documentation are deemed to be"commercial computer software"and"commercial computer software documentation," respectively,pursuant to DFAR Section 227.7202 and FAR 12.212(b),as applicable.Any use,modification,reproduction,release,performance,display or disclosure of the object code or the accompanying documentation by the U.S.government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the provisions hereof.Any technical data provided that is not covered by the above provisions is deemed to be"technical data"and"commercial items"pursuant to DFAR Section 252.227.7015(a). Any use,modification, reproduction,release,performance,display or disclosure of such technical data shall be governed by the terms of DFAR Section 252.227.7015(b). 13. LIMITED WARRANTY AND LIMITATION OF LIABILITY. Extreme warrants to You that(a) the initially-shipped version of the Licensed Materials will materially conform to the Ordering Documentation;and(b)the media on which the Licensed Software is recorded will be free from material defects for a period of ninety(90)days from the date of delivery to You or such other minimum period required under applicable law.Extreme does not warrant that Your use of the Licensed Materials will be error-free or uninterrupted. NONE OF EXTREME, ITS AFFILIATES, OR ITS OR THEIR LICENSORS OR SUPPLIERS, MAKE ANY OTHER WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS". THE LIMITED WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED,AND STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. IN NO EVENT WILL EXTREME OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION,PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR ANY LOST PROFITS OR DATA,OR ANY SPECIAL,INDIRECT,RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INABILITY TO USE THE LICENSED MATERIALS, TO ANY PARTY EVEN IF EXTREME OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXTREME OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS DURING THE TWELVE(12)-MONTH PERIOD PRECEDING THE EVENT CAUSING THE CLAIM. Some jurisdictions do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages,so the above limitation and exclusion may not apply to You. This limited warranty gives You specific legal rights,and You may also have other rights which vary based on Your applicable jurisdiction. 14. GOVERNING LAW; JURISDICTION. The validity,performance and construction of this Agreement and the rights and obligations of the parties pursuant to this Agreement shall be governed and construed in accordance with the laws of the State of California,without reference to any conflicts of law rules that would mandate the application of the laws of another jurisdiction. Extreme and You hereby consent to the exclusive jurisdiction of,and venue in,the State and Federal courts of the State of California. You waive any objections to the personal jurisdiction and venue of such courts.None of the 1980 United Nations Convention on the Limitation Period in the International Sale of Goods,the United Nations Convention on Contracts for the International Sale of Goods,or the Uniform Computer Information Transactions Act shall apply to this Agreement. 15. FREE AND OPEN SOURCE SOFTWARE.Portions of the Licensed Software provided to You may contain Open Source Software that is subject to a license that permits You to modify these portions and redistribute the modifications (an "Open Source License"). Your use, modification, and redistribution of the Open Source Software are governed by the terms and conditions of the applicable Open Source License. Some of the Open Source Software may be subject to:the GNU General Public License(GPL),the Lesser General Public License(LGPL),the Artistic License,the Mozilla Public License,Common Public License,the BSD License,the MIT License,the Apache License,the Creative Commons License, and/or other Open Source Licenses, copies of which are provided with the Licensed Materials or can be found on Extreme's website at haps:!/www.extremenetworks.com/MUortfpolicies/open-source-declaration/. In accordance with the terms of GPL and LGPL,you may request a copy of the relevant source code should GPL and/or LGPL terms apply to your Licensed Software. Additional details are available upon request to Extreme. This offer is valid for up to three years from the date of original distribution of the relevant Licensed Software. All Open Source Software is provided to You on an"AS IS"basis,and Extreme makes no representations or warranties for the use of this Open Source Software by You independent of any Extreme provided product,software,or services.Refer to the licenses and copyright notices listed in the relevant open source declaration for any specific license terms that apply to each Open Source Software component and warranty,if any,from the associated authors or licensors. Extreme specifically disclaims any warranties for defects caused by altering or modifying any Open Source Software or the products' recommended configuration. You have no warranty or indemnification claims against Extreme in the event that the Open Source Software infringes the intellectual property rights of a third party. Technical support, if any, will only be provided for the unmodified Extreme product as used within such product's recommended configuration. 16. GENERAL. (a) This Agreement is the entire agreement between Extreme and You with respect to the subject matter hereof,including without limitation the Licensed Materials,and all prior agreements,representations,statements,and undertakings,oral or written,are hereby expressly superseded and canceled. Attachment 9 Page 409 71 Of 1269 December 2018 EULA Page 3 of 4 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks End User License Agreement (b) This Agreement may not be changed or amended except in writing signed by both parties hereto.No purchase order shall supersede or amend any terms of this Agreement. (c) You represent that You have full right and/or authorization to enter into this Agreement. (d) This Agreement shall not be assignable by You without the express written consent of Extreme. The rights of Extreme and Your obligations under this Agreement shall inure to the benefit of Extreme's assignees,licensors,and licensees. (e) Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. (f) The provisions of the Agreement are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable,in whole or in part,the remaining provisions of this Agreement shall nevertheless be binding on and enforceable by and between the parties hereto. (g) Extreme's waiver of any right shall not constitute waiver of that right in future. (h) Should You have any questions regarding this Agreement, You may contact Extreme at the address set forth below. Any notice or other communication to be sent to Extreme must be mailed by certified mail to the following address: Extreme Networks,Inc. 6480 Via Del Oro San Jose,CA 95119 United States ATTN: Legal Department Attachment 9 Page 410 71 Of 1269 December 2018 EULA Page 4 of 4 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. All offers and related ordering for Extreme professional services as further defined herein are subject to the following terms and conditions.These terms and conditions apply to any and all purchase orders submitted by a channel partner, reseller,or end-user(hereafter referred to as"Customer") relating to the Services and will supersede any different or additional terms on Customer's purchase orders. For the purpose of this Agreement,"Extreme"shall mean either(a)Extreme Networks, Inc.with its billing address at 145 Rio Robles, San Jose, CA 95134,or(b)Extreme Networks Ireland Limited,with its billing address at Rineanna House,Shannon Industrial Estate, Co Clare, Republic of Ireland, VAT No IE8215318B, as such entity is designated in the sales quotation and corresponding order documentation issued hereunder. Billing matters should be directed to CreditAndCol IectionsQextremenetworks.com for e-mail inquiries or you may call 1-408-579-2800 for further direction. If you are exempt from sales tax please furnish a copy of your exemption certificate in the name of Extreme Networks, Inc.,or as otherwise reasonably requested by Extreme. Services. Extreme will provide to Customer network engineering and/or consulting services as further identified by Extreme on its posted Price List and as further described pursuant to your applicable order documentation(the"Services"). Beyond the standard services descriptions as identified in your order documentation,delivery of Services may be further conditioned as set forth in a statement of work, letter of engagement,request for schedule,and/or any other document outlining the scope of services to be performed in accordance with these terms and conditions(hereinafter referred to as a"Scope Document"). Fees.Rates and Payment. Services fees and rates will be as published on Extreme's then-current applicable price list or as specified in the Scope Document, if any. If an hourly rate is specified,Customer will pay for each hour of Services without proration. If a flat rate is specified, Customer will pay at the rate specified. In addition to labor fees, Customer is responsible for all travel and out-of-pocket expenses related to the Services.Travel expenses may include without limitation: lodging,train fare,airfare,parking,tolls and mileage.Shipping expenses, if any,are the sole responsibility of Customer.Shipping expenses include:freight charges from Extreme to the staging area,freight charges from the staging area to the Customer site, overnight courier charges for replacement components,cables,etc.Services may be provided in a number of ways including on-site,telephone, and/or remote support. Fees and rates do not include,and Customer is responsible for,all sales, use,value-added and other taxes,and all customs, duties and tariffs,or export fees now or hereafter claimed or imposed by any governmental authority upon payments to Extreme under this Agreement. Payment on each invoice is due within thirty(30)days of date of such invoice. Extreme will have the right to use subcontractors to perform all or part of the Services as it deems appropriate,provided that Extreme shall remain responsible for such subcontractor's performance of such Services. Change Orders. In order to add or change any terms or conditions of these Terms and Conditions, a written change order signed by both parties ("Change Order")is required. Extreme will prepare all Change Orders.The parties must mutually agree to all Change Orders.Pending such agreement, Extreme will continue to perform and be paid as if such Change Order had not been requested or recommended. Deliverables and Acceptance. For purposes of these Terms and Conditions,the term"Deliverables"means the tangible results of the Services. Upon completion of the Services,Customer shall have five(5)days to verify that the Services and Deliverables provided substantially conform to these Terms and Conditions. Customer must notify Extreme of its non-acceptance within such five(5)day period.Any notification of non-acceptance will include a reasonably detailed description of the reasons for such non-acceptance. Extreme shall have thirty(30)days from the date of such notification to rectify the problem, following which Customer shall have another five (5) day period to review the applicable Services or Deliverables. In the event that Customer either(a)does not notify Extreme of any non-acceptance during the relevant five(5)day period,or(b)confirms its acceptance of the applicable Services or Deliverables, in writing within the relevant five (5) day period, the applicable Services or Deliverables shall be deemed accepted. Notwithstanding the foregoing,the acceptance criteria or procedures for Deliverables set forth in any Scope Document will only apply to the Services provided. License and Ownership. Upon Customer acceptance of a Deliverable and receipt by Extreme of payment in full,Extreme grants Customer a non-exclusive, perpetual, non-transferable license to use such Deliverable for its own internal purposes.Customer's license confers no title or ownership in the Deliverable and will not be construed as a sale of any rights in the Deliverable or the media on which it is recorded or printed.All copyrights and other intellectual property rights existing prior to the date of performance of Services shall belong to the party that owned such rights immediately prior to the date of performance of Services. Neither party shall gain by virtue of these Terms and Conditions any rights of ownership,patents,trade secrets,trademarks or any other intellectual property rights owned by the other. Extreme shall own all copyright,patents,trade secrets,trademarks and other intellectual property rights,title and interest in or pertaining to any techniques,know-how,software,inventions,processes,data,design,diagrams,documentation and all other information and materials created by Extreme in performing the Services hereunder. Confidentiality. Each party shall hold in confidence all materials or information disclosed to it hereunder which are marked as confidential or proprietary, or if disclosed verbally, would ordinarily be regarded as confidential in the course of business on account of the nature of the information or the circumstances of its disclosure ("Confidential Information"). Each party agrees to take precautions to prevent any unauthorized disclosure or use of Confidential Information consistent with precautions used to protect such party's own confidential or proprietary information, but in no event less than reasonable care.The obligations of the parties hereunder shall not apply to any Confidential Information which:(i)is now,or hereafter becomes,through no act or failure to act on the part of the receiving party, generally known or available; (ii)is known by the receiving party at the time of receiving such information; or(iii)is independently developed by the receiving party without use of any of the other party's Confidential Information. Notwithstanding the foregoing, disclosure of Confidential Information shall not be precluded if such disclosure is in response to a valid order of a court or other governmental body or otherwise required by law; provided, however,that the responding party shall first have given notice to the other party hereto to enable such other party to seek a protective order or otherwise prevent such disclosure. Limited Warranty. Extreme will use reasonable commercial efforts to provide the Services in a professional and workmanlike manner. EXTREME MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY UNDER THESE TERMS AND CONDITIONS AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EXTREME'S TOTAL LIABILITY ARISING FROM THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE TOTAL AMOUNT PAID TO EXTREME UNDER THIS AGREEMENT. EXTREME WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND UNDER THESE TERMS AND CONDITIONS. Extreme will not be responsible in anyway for any losses or other consequences arising from its failure to meet any schedule due to any delay, inability or failure by Customer or third party to deliver or provide access to any information or materials required for performance of the Services. Attachment D Page 411 of 471 Page 485 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Limitation ofLiability. UNDER NO CIRCUMSTANCES WILL EXTREME, ITS DIRECTORS, OFFICERS, EMPLOYEES,AGENTS OR AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF EXTREME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF EXTREME, ITS DIRECTORS,OFFICERS, EMPLOYEES,AGENTS AND AFFILIATES,FOR DAMAGES HEREUNDER IS LIMITED TO THE AMOUNTS THAT CUSTOMER HAS PAID EXTREME UNDER THE SCOPE DOCUMENT UNDER WHICH CUSTOMER'S CLAIM AROSE. CUSTOMER AGREES TO INDEMNIFY, DEFEND,AND HOLD HARMLESS EXTREME, ITS DIRECTORS,OFFICERS, EMPLOYEES,AGENTS AND AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES)INCURRED BY THEM ARISING IN CONNECTION WITH THE PERFORMANCE OF SERVICES HEREUNDER EXCEPT TO THE EXTENT RESULTING FROM EXTREME'S WILLFUL OR KNOWING MISCONDUCT. Noninterference with Business. During this Agreement,and for a period of two(2)years immediately following this Agreement's termination or expiration, Customer agrees not to interfere with the business of Extreme in any manner. By way of example and not of limitation, Customer agrees not to solicit or induce any employee or independent contractor to terminate or breach an employment,contractual or other relationship with Extreme. Master Services Agreement. Except as otherwise governed pursuant to a valid and current written and duly executed agreement between Customer and Extreme(a"Services Agreement") in the event of a conflict between such Services Agreement and these Terms and Conditions,the terms of the Services Agreement will prevail as applied against such conflicting terms. Miscellaneous. Extreme is and at all times shall be an independent contractor in all matters relating to these Terms and Conditions.These Terms and Conditions will be governed by the laws of California, without regard to that body of law controlling conflicts of law. All disputes arising under these Terms and Conditions shall be brought in Superior Court of the State of California in Santa Clara County or the Federal District Court of San Jose,as permitted by law. Either party shall have the right to terminate these Terms and Conditions upon the material breach of the other party; provided the breaching party has failed to cure such breach within thirty(30)days after receipt of written notice of such breach. A provision of these Terms and Conditions will survive expiration or termination of these Terms and Conditions if the context of the provision indicates that it is intended to survive. If these Terms and Conditions is terminated,Customer will promptly pay Extreme for Services performed prior to the termination date,plus any expenses incurred.These Terms and Conditions may not be assigned by Customer by operation of law or otherwise without the prior written approval of Extreme. Extreme's rights and obligations, in whole or in part, under these Terms and Conditions may be assigned or delegated by Extreme to any affiliated company or subsidiary or in connection with a merger,reorganization,consolidation or sale of all or substantially all of Extreme's assets. These Terms and Conditions shall be binding upon, and inure to the benefit of, the successors and assigns of the parties thereto. No waiver will be implied from conduct or failure to enforce rights,and no waiver will be effective unless in writing signed on behalf of the party against whom the waiver is asserted. Neither party will have the right to claim damages or to terminate these Terms and Conditions as a result of the other party's failure or delay in performance due to circumstances beyond its reasonable control (except for obligations relating to fees payable under these Terms and Conditions), including but not limited to labor disputes,strikes,lockouts,shortages of or inability to obtain labor,energy,components,raw materials or supplies,war, riot, insurrection, epidemic, natural disasters, governmental action or terrorism. If any part of these Terms and Conditions is found invalid or unenforceable,that part will be enforced to the maximum extent permitted by law and the remainder of these Terms and Conditions will remain in full force. Attachment D Page 412 of 471 Page 486 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C i ii ,ct B,�yoi i,7 the Newyork Terms of Support NOTICE TO ALL USERS: PLEASE READ THESE TERMS OF SUPPORT (THE "AGREEMENT") CAREFULLY. EXTREME RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT FURTHER NOTICE BUT WILL POST THE REVISED AGREEMENT ON EXTREME'S WEBSITE.YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH REVISIONS CONSTITUTES YOUR ACCEPTANCE OF THE NEW AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT OR ANY FUTURE REVISED AGREEMENT, DO NOT USE OR CONTINUE TO USE THE SERVICES. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE EXTREME WEBSITE TO DETERMINE IF THERE HAVE BEEN ANY CHANGES TO THIS AGREEMENT AND TO REVIEW SUCH CHANGES. Extreme Networks, Inc. ("Extreme") agrees to provide the ExtremeWorks Support Program and related Support Plans to You pursuant to the following terms and conditions. If You do not accept these terms, do not purchase or use the ExtremeWorks Support Program or related Support Plans. 1. Definitions. In addition to the terms defined elsewhere in this Agreement, the following terms have the following meanings: 1.1 "Authorized Resellers" means those companies (a) authorized by Extreme to resell, promote or deliver the ExtremeWorks Support Program to the marketplace, and (b) through which Company has purchased the ExtremeWorks Support Program. 1.2 "Customer" or You" means a purchaser of the Services who acquires such Services for ordinary business usage and not for purposes of further distribution or resale. 1.3 "Customer Documentation" means Product documentation, Product specifications and other related materials. 1.4 "Customer Personal Data" means all personal data (as defined in the Data Protection Law)which is processed by Extreme on Your behalf, or on behalf of an End User, in connection with the Services. 1.5 "Data Protection Law" means all applicable laws relating to data protection and privacy including (without limitation) the EU Data Protection Directive (95/46/EC) as implemented in each jurisdiction, the EU General Data Protection Regulation (2016/679), the EU Privacy and Electronic Communications Directive 2002/58/EC, as implemented in each jurisdiction, and any amending or replacement legislation from time to time. 1.6 "Defect" means a failure of any Product to operate in accordance with Extreme's technical specifications as set forth in the End User Documentation. 1.7 "Intellectual Property Rights" means any and all current and future(i) rights associated with works of authorship; including but not limited to copyrights, moral rights, and mask-work rights; (ii) patent rights, rights of priority, and design rights; (iii) trade secret rights, (iv) trademark rights (including service mark rights) and trade dress rights; (v) all other intellectual and industrial property rights of every kind and nature which may exist anywhere in the world, whether registered or unregistered; and (vi) any and all applications and registrations, renewals, extensions, provisionals, continuations, continuations-in-part, divisions, reissues or reexaminations of any of the foregoing. 1.8 "Price List" means Extreme's suggested retail price list applicable to the delivery location in effect at the time of order acceptance by Extreme, which price list is subject to revision from time to time in Extreme's sole discretion. 1 Attachment D Page 413 of 471 Page 487 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C i ii ,ct B,�yoi i,7 the Newyork 1.9 "Products"mean Extreme commercial networking products as identified in the Price List, including (i) hardware products with embedded Software, (ii) Software Products in object code form, (iii) End User Documentation, and (iv) other materials related to the foregoing, if any, supplied to You and/or the Company in a commercial package. 1.10 "Releases" mean Updates and Upgrades, collectively. No Alpha or Beta or non-production versions shall be considered Releases. 1.11 "Services Environment" refers to the combination of hardware and software components owned, licensed or managed by Extreme to which Extreme may establish a data communication link between You and Extreme, and from which Extreme may access Your Products, as part of, and in order to, provide the Services You have ordered. You may be required to provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 1.12 "Service Specification" means the Extreme document that sets forth the description of the Extreme service or solution-offering that You are purchasing. 1.13 "Services" mean the services provided by Extreme under the ExtremeWorks Support Program (or similar support arrangement),the Premier Services Program (PSP)Foundation Services, and Extreme Managed Services, or any other end user services provided by Extreme under this Agreement in accordance with the applicable program guide, and as further described in the Service Specification. 1.14 "Software" or "Software Products" mean Extreme software products in object code form which are either sold separately or embedded into Extreme hardware products. Software Products are licensed to You and/or Company under the then-current software license terms for the Software Product in effect at the time of order acknowledgement by Extreme. 1.15 "Trademarks" mean "Extreme Networks" and the applicable Product trademarks as listed in Extreme's usage guidelines, subject to revision from time to time in Extreme's sole discretion. 1.16 "Update" means a new version of a Software Product that includes defect corrections, bug fixes and/or minor enhancements that operate within the framework of the specifications for the current Upgrade of the Software Product, but does not include substantive features or functions not performed by the prior Release of the Software Product. 1.17 "Upgrade" means a new version of a Software Product that includes substantive features or functions not performed by the prior Release of the Software Product. 1.18 "Your Content" means all text, files, images, graphics, illustrations, information, data (including Customer Personal Data as defined in this Agreement), audio, video, photographs and other content and material, in any format, provided by You or on behalf of any End User that reside in, or run on or through, the Service. 2. Services. The scope of the Services provided to Company hereunder is based on the support plan purchased by Company for each unit of the Product purchased. Service Descriptions of the available Extreme support plans, including Extreme's obligations and End User entitlements, are set forth at, http://www.extremenetworks.com/support/maintenance-services (together, the "Support Plans"). Certain on-site Services may not be available in some geographic regions or may require a "phase-in" period before they can be made available to Company. Extreme shall have the right to use subcontractors to perform all or part of the Service(s), as it deems appropriate. To be eligible for the PSP Foundation Service, Company must have Extreme equipment with current maintenance support entitlements. Future Services are deemed added to this Agreement at such time as they are added to the Price List, unless otherwise specified by Extreme in writing. Extreme has the right to discontinue the distribution or availability of any Service at any time upon sixty(60)days' prior notice to Company by email, notification on Extreme's website, or any other method permitted under this Agreement. In accordance with the Support Plan purchased for the applicable Product, the Services may include the following: 2 Attachment D Page 414 of 471 Page 488 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C i ii ,ct B,�yoi i,7 the Newyork 2.1 Releases. Extreme or its authorized representatives will make available to Company all Releases made generally available by Extreme only for Products for which Company has an active contract for Services. The content of all Releases shall be decided upon by Extreme in its sole discretion. Updates for Products for which Company has an active contract for Services shall be provided to Company at no additional charge during the term of this Agreement. Extreme shall impose additional charges for Upgrades. Company shall install only one(1)copy of a Release for each Product under an active contract for Services, and Company is prohibited from installing Releases on any Product which is not covered under an active contract for Services. 2.2 Corrections. Extreme shall use commercially reasonable efforts to provide a correction or workaround for any reported and reproducible Defect in any Product for which Services have been purchased with a level of effort commensurate with the severity level; provided that Extreme shall have no obligation to correct all Defects in the Products. Company shall notify Extreme TAC of the nature and severity of such Defect and the specific serial number of the applicable Product, and provide Extreme with enough information to locate and reproduce the Defect. Extreme shall not be responsible for correcting any Defect not attributable to Products or any Defect listed under Section 3 ("Exclusions"). 3. Exclusions. The Services provided by Extreme hereunder will not include support and maintenance of any third-party software or hardware not provided by Extreme. Extreme is not required to provide any services for problems arising out of: (i) Company's failure to implement all Updates issued under the Services; (ii) alterations of or additions to the Products performed by parties other than Extreme; (iii) accident, natural disasters, terrorism, negligence, or misuse of the Products (such as, without limitation, operation outside of environmental specifications or in a manner for which the Products were not designed); (iv) interconnection of the Products with other products not supplied by Extreme, or(v)certain components, including but not limited to the following: spare fan trays, blank panels, cables, cable kits, rack mount kits, brackets, antennas, GBICs and miniGBICs. Extreme shall only be obligated to support the then-current revision of the Products and the immediately prior revision. Support for any earlier versions or for other problems not covered under the Services may be obtained at Extreme's then-current rates for special technical services and on Extreme's then-current terms and conditions for such services, subject to acceptance by Extreme at its sole discretion. 4. Company Obligations. 4.1 Company Assistance. Company agrees to provide Extreme with reasonable access to the Products for which problems are reported and all back-ups and Company information services, technical personnel, facilities, and premises as required in connection with the performance of the Services.To efficiently resolve problems and perform local hardware diagnostics, Company shall provide modem level access for all Company sites. Company may provide passwords and/or activate the modem when needed. Company shall be responsible for any and all cables, hardware or software not provided by Extreme. Company's failure to provide such access or information may delay the Services and/or result in Extreme's inability to perform the Services; in such cases, Extreme shall not be liable for any consequences relating to or resulting from such delay or failure to perform. 4.2 Contact People. Company shall appoint at least two (2) individuals who have been trained and are knowledgeable on Extreme products within Company's organization to serve as the primary contacts between Company and Extreme and to receive support as provided herein. Company shall provide and shall update as appropriate contact information for the primary contacts, including address, phone number and email address. All of Company's support inquiries shall be initiated through these primary contacts. 3 Attachment D Page 415 of 471 Page 489 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C i ii ,ct B,�yoi i,7 the Newyork 4.3 Restrictions on Copying and Reverse Engineering. As a material consideration for this Agreement, Company expressly agrees not to translate, disassemble, reverse compile or reverse engineer the Products, including the Software Products, in whole or in part, except to the extent such prohibition is restricted by applicable law. Company will not copy, modify, create derivative works, rent, lease, loan or use for timesharing or service bureau purposes any Products, including Software Products, in whole or in part without the prior written approval of Extreme, which approval may be withheld in Extreme's sole discretion. 4.4 No Removal of Markings. Company agrees to comply with all legends that appear on or in the Products and not to remove or destroy any patent, copyright, logo, trademark, trade name, proprietary marking, or confidentiality legend placed upon or contained within Products, containers or End User Documentation supplied by Extreme. 5. Ordering and Payment Terms. 5.1 Orders. 5.1.1 The terms and conditions of this Agreement will apply to any and all purchase orders submitted by Company and will supersede any different or additional terms on Company's purchase orders. 5.1.2 Each purchase order must be acknowledged and accepted by Extreme in writing prior to Extreme incurring any obligation under such purchase order. Extreme reserves the right to reject any order. 5.1.3 In countries where Services are available from Extreme, Company may purchase a Support Plan set forth on Extreme's then-current Price List by submitting an order for such Support Plan either at the time of the purchase of the Product to which it relates or at any time thereafter, subject to Section 5.2 ("Reinstatement and Inspection"), Section 6 ("Support for End of Life") and Extreme's acceptance of such order at its sole discretion. Company shall be responsible for any other travel and living expenses incurred in connection with the Services or on-site Service calls that are not expressly included in Company's applicable Support Plan. 5.1.4 Each order of one Support Plan is only valid for a single unit or units of the Product for which Service is purchased and paid for. All orders for Services must include the location where the Services will be provided, the Support Plan being purchased and the model number and serial number of the Product to be supported or such information must be provided to Extreme in writing promptly following the purchase of the Services. Extreme will not be obligated to provide Services for a Product unless Extreme has received such information. 5.1.5 All orders for Services placed with Extreme will be non-cancelable, and all support fees and training fees, if applicable, paid to Extreme shall be non-refundable. 5.2 Reinstatement and Inspection. If Services are not ordered concurrently with any Product orders or are not promptly renewed each year, Extreme may, at its option, commence such Services upon payment of the applicable support fee and a reinstatement fee. If a Product is purchased in used condition, Extreme may, at its option, inspect the Product and commence Services for such Product upon payment of the applicable support fee, a reinstatement fee and Extreme's inspection fee. 5.3 Purchases from Extreme. If Company is purchasing the Services directly from Extreme, Extreme's terms and conditions of sale and service shall apply to such purchase. These terms and conditions can be found at htti3://extremenetworks.com/comi3anv/lecial/terms-of-sales/ . 4 Attachment D Page 416 of 471 Page 490 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C i ii ,ct B,�yoi i,7 the Newyork 5.4 Purchases from Authorized Reseller. If Company is purchasing the Services from an Authorized Reseller, notwithstanding the above, the payment terms set forth in Company's agreement with the Authorized Reseller shall govern; provided, however, in the event the Company's Authorized Reseller defaults on its payment obligations to Extreme for the Services, then You or Company's Use of the Services may be suspended without notice, until such time as the Authorized Reseller cures the breach, or the Company elects to contract for Services directly with Extreme. All other terms of this Agreement shall remain in full force and effect, and any other conflicting, additional or different terms set forth in an agreement between the Company and an Authorized Reseller are superseded by this Agreement and shall be entirely unenforceable against Extreme. 6. Support for End of Life. 6.1 Product End of Life. In the event Extreme discontinues or otherwise ceases to make available to its customers a particular Product model number, Extreme will continue to offer Services for such Product in accordance with its then-current End of Life Policy available at htti2s://www.extremenetworks.co /support/end-of-sale-and-end-of-support-products/. The Services shall remain in effect with respect to other Products, if any, then covered. 6.2 Support Plan End of Life. Extreme reserves the right to discontinue any Support Plan in its sole discretion upon sixty (60) days' notice, by email, notification on Extreme's website, or any other method permitted under this Agreement, to Company; however, Extreme will continue to provide services under such discontinued Support Plan through the end of any prepaid support period so long as You and/or the Company is not in breach of any of its obligations under this Agreement. 7. Records and Audit. Company agrees to maintain complete, clear and accurate records relating to its activities under this Agreement, including, without limitation, its inventory and sales of each Product and Service(including reseller and end user information) (the"Records"), and retain such Records for such time period as may be required by law and commercially reasonable prudent practices, but not less than two (2) years. Such Records will be maintained in accordance with standard business practices and Generally Accepted Accounting Principles. Company will permit Extreme, or persons designated by Extreme, at Extreme's cost, to audit the Records to ensure compliance by Company with its obligations to Extreme. Any such audit shall be conducted during regular business hours and in such a manner as to not unduly interfere with normal business activities of Company. If the audit reveals an underpayment of amounts owed to Extreme, Company will promptly pay any such shortfall, and if such underpayment is more than 5% for the audited period, Company will further pay, or reimburse Extreme for, the cost of the audit, including professional fees. 8. Return Process. If Company is returning a Product to Extreme, Company must first obtain a Return Material Authorization ("RMA") number from Extreme. Company must return the entire contents of the defective Product and dated End User proof of purchase for the defective Product, if requested by Extreme, marked with the RMA number, to a receiving point designated by Extreme. Shipping cartons that are not marked with RMA numbers will be rejected by Extreme and returned to Company via collect freight. Extreme will pay the transportation charges (excluding taxes, duties and customs) in accordance with the Support Plan purchased for such Product. Notwithstanding the foregoing, Company retains sole responsibility for risk of loss or damage to Products during shipment to and from Extreme. Products returned to Extreme may be repaired or replaced by Extreme at Extreme's sole discretion. Replacement Products may be new or refurbished Products. In the event that Extreme evaluates and determines there is "no trouble found" in greater than twenty-five percent(25%)of the Products or parts returned in a ninety(90)day period, Extreme reserves the right to charge Company a service charge of twenty percent (20%) of the List Price per unit. 5 Attachment D Page 417 of 471 Page 491 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C i ii ,ct B,�yoi i,7 the Newyork 9. Ownership of Intellectual Property Rights; License; Non-Disclosure. 9.1 Intellectual Property Rights. You and Company acknowledge that the Products are proprietary to Extreme and its suppliers, and that Extreme and its suppliers retain exclusive ownership of all Intellectual Property Rights in and to the Products, including in and to any Software Products and Trademarks. You and Company will take all reasonable measures to protect Extreme's Intellectual Property Rights in any Product. Except as expressly provided herein, Company is not granted any right to any Intellectual Property Rights with respect to any Product. 9.2 License. All Releases provided under the Services are licensed subject to the terms and conditions of the then-current Software license agreement for such Software Product in effect at the time the Release is provided. 9.3 Non-Disclosure. You and/or the Company may be exposed to certain confidential information of Extreme including but not limited to information concerning the business, technology, and customers of Extreme, which You and/or Company knows or should know is Extreme's confidential and proprietary information (herein "Confidential Information"). You and/or Company agrees that while this Agreement is in effect and for a period of three (3) years thereafter, You/it will not: (i) use the Confidential Information for any purpose other than to perform under this Agreement; or(ii) disclose to any third party any Confidential Information without the prior written consent of Extreme. Company may disclose Confidential Information only to its employees or contractors on a need to know basis and as is reasonably necessary to allow the party to perform under this Agreement; provided that each such employee or contractor is under a written obligation of nondisclosure which protects the Confidential Information under terms at least as stringent as these terms. This Section will not apply to Confidential Information after such information is made public by Extreme. If any Confidential Information is required to be disclosed by Company as a matter of law or by order of a court or other legal process, Company will promptly notify Extreme of such obligation to disclose and reasonably assist Extreme in obtaining a protective order or otherwise limiting such disclosure. 10. Warranty. All Updates provided hereunder are warranted for the remaining warranty period of the original Software Product, if any, as specified in the warranty card which shipped with the original Software Product. All Upgrades are warranted as set forth in the warranty card for such Upgrade. Replacement Products provided under the Services are warranted for the remaining warranty period of the original Product, if any, as specified in the warranty card which shipped with the original Product. Nothing in the Services shall be construed as expanding or adding to the warranty set forth on the warranty card. Extreme will use all reasonable commercial efforts to provide the support requested by You and/or Company under this Agreement in a professional and workmanlike manner. In the event that Extreme fails to meet this warranty, Extreme may reperform the Services, but Extreme cannot guarantee that every question or problem raised by You or the Company will be resolved. EXTREME WARRANTS THE SERVICES ONLY TO YOU AND/OR COMPANY PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. EXCEPT AS SET FORTH ABOVE, EXTREME MAKES, AND YOU AND/OR COMPANY RECEIVE, NO OTHER WARRANTIES OF ANY KIND. EXTREME EXPRESSLY DISCLAIMS ALL WARRANTIES,TERMS AND CONDITIONS, WHETHER EXPRESS, IMPLIED (in fact or by operation of law), STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, TERM OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, ABSENCE OF HIDDEN DEFECTS, ANY WARRANTY OF NON-INFRINGEMENT, AND ANY WARRANTY, TERM OR CONDITION THAT MAY ARISE BY REASON OF USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR COURSE OF PERFORMANCE. 6 Attachment D Page 418 of 471 Page 492 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C i ii ,ct B,�yoi i,7 the Newyork 11. Term and Termination. 11.1 Services Term. The Services start date shall be determined as follows: (a) for the initial purchase of Service, the Service start date shall be the original shipment date of the covered Product from Extreme, and (b) for Service renewals, the Service start date shall be the date on which the prior Service period ended. Company shall be responsible for the Service Fees from such Service start date. The Service end date will be 12 months from the Service start date, unless otherwise specified in writing by Extreme. Unless Company or Extreme provides notice at least sixty(60)days prior to the end of the Support Plan term of its intent not to renew the Support Plan, the Support Plan term will automatically renew for one(1)year subject to payment being received by Extreme for such Support Plan. If Company fails to pay the annual Support Plan fees in accordance with Extreme's invoice, the applicable ExtremeWorks Support Plan will automatically terminate without notice. 11.2 Agreement Term. All Releases provided under the Services are licensed subject to the terms and conditions of the then-current Software license agreement for such Software Product in effect at the time the Release is provided. 11.3 Termination. This Agreement shall be terminated immediately upon the expiration of all prepaid support periods for the Support Plans purchased by You and/or Company. This Agreement may also be terminated by Extreme (i) for its convenience, upon sixty (60) days' prior written notice to the Company; provided, however, that Extreme will continue to provide Services during any prepaid support period so long as this Agreement was not terminated for Your or Company's breach, (ii) immediately upon written notice to Company, if Company breaches or violates any provision of Sections 4.3("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), and 9 ("Ownership of Intellectual Property Rights; License; Non-Disclosure"); (iii) immediately upon written notice to Company, if Company fails to perform or otherwise defaults in any of its obligations (other than those covered by Section 11.3(ii) above) under this Agreement and fails to cure such failure or default within thirty (30) days after written notice thereof, or(iv) , immediately upon written notice to the Company, if the Company is insolvent or makes any arrangement with its creditors generally, or has a receiver appointed for all or a substantial part of its business or properties, or an insolvency, bankruptcy or similar proceeding is brought by or against Company and involving Company as debtor, and if brought against Company is not dismissed within sixty (60)days from its institution, or if Company goes into liquidation or otherwise ceases to function as a going concern. 11.4 Effect of Termination. Upon the expiration or termination of this Agreement for whatever reason, You and/or Company shall no longer be entitled to receive Services from Extreme pursuant to this Agreement, all support fees and training fees paid prior to the effective date of termination shall be non- refundable, and Extreme will no longer have any obligation to provide Services to You and/or Company for the Products pursuant to this Agreement. In addition, Extreme will be entitled to reject all or part of any orders received from Company after notice but prior to the effective date of termination. By thirty(30)days from the effective date of termination, Company will return or destroy all copies of the Confidential Information. At the request of Extreme, the president or the equivalent officer of Company will certify in writing that Company has complied with its obligations hereunder. 11.5 Survival of Terms. The following Sections will survive any expiration or termination of this Agreement for whatever reason: Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), 6 ("Support for End of Life"), 7 ("Records and Audit"), 8 ("Return Process"), 9 ("Ownership of Intellectual Property Rights; License; Non-Disclosure"), , 11.4 ("Effect of Termination"), 11.5 ("Survival of Terms"), 12("No Consequential Damages"), 13("Limitation on Liability"),14("Data Protection"). 7 Attachment D Page 419 of 471 Page 493 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C i ii ,ct B,�yoi i,7 the Newyork 12. No Consequential Damages. Except in case of bodily injury or death where, and then only to the extent that, applicable law requires such liability, UNDER NO CIRCUMSTANCES WILL EXTREME BE LIABLE FOR(i)ANY LOST PROFITS (even if they arise as a direct or immediate consequence of the event that generated the damages), OR (ii)ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS, LOST REVENUE OR LOST SAVINGS, LOSS OF USE, LOSS OR DAMAGE TO DATA OR GOODS OR INTERRUPTION OF BUSINESS, IN EACH CASE HOWEVER CAUSED, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF EXTREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED HEREIN. IN NO EVENT WILL EXTREME BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. 13. Limitation on Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT IN CASE OF BODILY INJURY OR DEATH WHERE,AND THEN ONLY TO THE EXTENT THAT, APPLICABLE LAW REQUIRES SUCH LIABILITY, EXTREME'S AGGREGATE LIABILITY FROM OR IN RELATION TO THIS AGREEMENT AND THE SERVICES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY COMPANY TO EXTREME FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE MOST RECENT FULL CALENDAR YEAR PRECEDING COMPANY'S INITIAL NOTICE OF ANY CLAIM OR POTENTIAL CLAIM HEREUNDER. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE. 14. Data Protection. 14.1 Subject to Section 14.2, in performing the Services, Extreme will comply with industry standard privacy requirements as may further be defined within the Extreme Networks Privacy and Cookies Policy, which is available at www.extremenetworks.com and is incorporated herein by reference. Extreme's Privacy and Cookies Policy is subject to change at Extreme's discretion; however, Extreme policy changes will not result in a material reduction in the level of protection provided for Customer Personal Data provided during the term Your order. 14.2 This Section 14.2 shall apply where Extreme's processing of personal data in connection with this Agreement is subject to Data Protection Law. In the event of a conflict between Section 14.1 and Section 14.2, this Section 14.2 shall apply. You have appointed Extreme to process Personal Data on Your behalf as is necessary to provide the Services and in accordance with such other written instructions as You may issue from time to time. The parties' respective obligations for the processing and control of Customer Personal Data are set out in Annex 1 — Processing of Customer Personal Data, located at http://bit.ly/2s6 BBfi, which is incorporated herein by reference. 14.3 The Service Specifications applicable to Your order define the administrative, physical, technical and other safeguards applied to Your Content residing in the Services Environment, and describe other aspects of system management applicable to the Services. You are responsible for the introduction of any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content and Your Applications, including any viruses, Trojan horses,worms or other programming routines contained in Your Content or Your Applications that could limit or harm the functionality of a computer or that could damage, intercept or expropriate data. 14.4 You may not provide Extreme access to health, payment card or similarly sensitive personal information that imposes specific data security obligations for the processing of such data unless explicitly agreed between the parties. If available, You may purchase Services from Extreme designed to address particular data protection requirements applicable to Your business or Your Content. s Attachment D Page 420 of 471 Page 494 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C i ii ,ct B,�yoi i,7 the Newyork 15 Miscellaneous. 15.1 Notices. Any notices permitted or required under this Agreement will be in writing and will be deemed given when delivered in person, by overnight courier upon written verification of receipt, by confirmed facsimile, or by certified or registered mail, return receipt requested,five (5)days after deposit in the mail. Either party may change its address by giving written notice of such change in the manner provided. Notices to Extreme shall be sent to: Extreme Networks, Inc., 6480 Via del Oro, San Jose, California 95119, Attention: Legal Department, Fax: (408) 579-3000. 15.2 Assignment. This Agreement may not be assigned by Company by operation of law or otherwise without the prior written approval of Extreme. Extreme's rights and obligations, in whole or in part, under this Agreement may be assigned or delegated by Extreme to any affiliated company or subsidiary or in connection with a merger, reorganization, consolidation or sale of all or substantially all of Extreme's assets. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. 15.3 Waiver; Severability.The waiver by either party of a breach of any provisions contained herein shall be in writing and shall in no way be construed as a waiver of any succeeding breach of such provision or the waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions. 15.4 Injunctive Relief. It is expressly agreed that a violation of Sections 4.3 ("Restrictions on Copying and Reverse Engineering"), 4.4 ("No Removal of Markings"), or 9 ("Ownership of Intellectual Property Rights; License; Non-Disclosure") of this Agreement could cause irreparable harm to Extreme and that a remedy at law could be inadequate. Therefore, in addition to any and all remedies available at law, Extreme will be entitled to seek injunctive relief or other equitable remedies in the event of any threatened or actual violation of any or all of the provisions hereof. 15.5 Controlling Law; Venue. This Agreement shall be governed in all respects exclusively by the laws of the State of California and the United States of America without regard to conflicts of law principles. The United Nations Convention on the International Sale of Goods is hereby expressly excluded from application to this Agreement. All disputes arising under this Agreement shall be brought in Superior Court of the State of California in Santa Clara County or the Federal District Court of San Jose, as permitted by law, and Company consents to personal jurisdiction in such courts. 15.6 Timing of Disputes.All disagreements or controversies of any kind whether claimed in tort, contract or otherwise concerning this Agreement shall be brought within one (1) year after the occurrence of the event giving rise to the disagreement or controversy. 15.7 No Agency. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. 9 Attachment D Page 421 of 471 Page 495 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C i ii ,ct B,�yoi i,7 the Newyork 15.8 Export. Company acknowledges that it must comply with all applicable laws and regulations of the United States that may restrict the export, re-export, or transshipment of certain commodities and technical information, including the Products, the Services and technical information relating thereto, in any medium. Company will obtain and maintain all approvals and licenses, including export licenses, permits and authorizations, from the appropriate governmental authorities as may be required to enable Company to fulfill its obligations under this Agreement and shall comply with all applicable laws, rules, policies and procedures of the United States government. Company acknowledges that, unless prior written authorization is obtained from the relevant authorities in the United States, it will not export, re-export, or transship, directly or indirectly, any Products, Services or technical information relating thereto, in any medium, that would be in contravention to any applicable laws and regulations of the United States then in effect. Company shall indemnify and hold harmless Extreme for any violation or alleged violation by Company of such laws or regulations. Company's obligations pursuant to this Section shall survive and continue after any termination of rights under this Agreement. 15.9 Force Majeure. Neither party will have the right to claim damages if this Agreement is terminated as a result of the other party's failure or delay in performance due to circumstances beyond its reasonable control (except for obligations relating to fees payable under this Agreement), including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, components, raw materials or supplies, war, riot, insurrection, epidemic, natural disasters, governmental action or terrorism. 15.10 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes, and its terms govern, all prior and all contemporaneous proposals, negotiations, commitments, understandings, agreements or other communications between the parties,oral or written, regarding such subject matter, including any prior click through agreements. 10 Attachment D Page 422 of 471 Page 496 of 1269 Attachment D-Extreme networks Product Warranty, End User Licen _ ent, Etc. Extreme- Cu stC"7rner-Drive n Networking Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Wednesday, July 25, 2018 Sample Customer Sample Street Address Sample City, State&Zip Re: Extreme Networks, Inc. Property Schedule No. Dear Sample Customer: Enclosed, please find two (2) sets of financing documents for your review and execution. (If these documents were emailed to you, please print out two (2) sets.) Execute both sets and return all of the originals to my attention. The original sets of the executed documents are required prior to funding your transaction. To expedite the return of these documents, please overnight them to me: EXTREME NETWORKS, INC. ATTN: Sample Account Manager 6480 VIA DEL ORO, SAN JOSE, CA 95119 Only the person with Signing Authority, listed on the Lessee's Certificate, should execute the documents. For verification of original documents, please execute in blue ink. Upon closing, Extreme Networks, Inc. will return a fully executed original set for your files. Please Note: All fully executed documents must be returned no later than Expiration Date; otherwise, the transaction is subject to re-pricing. Executed documents required for funding are: 1. Master Tax-Exempt Lease/Purchase Agreement 2. Addendum/Amendment to Master Purchase Agreement 3. Property Schedule No. 4. Property Description and Payment Schedule (Exhibit 1) 5. Lessee's Counsel's Opinion (Exhibit 2) 6. Lessee's Certificate (Exhibit 3) 7. Payment of Proceeds Instructions (Exhibit 4) 8. Acceptance Certificate (Exhibit 5) 9. Bank Qualification Certificate (Exhibit 6) 10. Certificate of Insurance—Required prior to funding. 11. Notification of Tax Treatment with Tax Exemption Certificate or Letter—Required for annual state tax audits. 12. Invoicing Instructions — Required in order to ensure that invoices are directed to the proper area in your organization. 13. Escrow Agreement 14. IRS Form 8038-G or 8038-CG Please contact either Leasing Manager Name at Leasing Manager Number or me at Account Manager Number with any questions. Sincerely, Sample Account Manager Account Manager Master TELP-Appropriation Attachment D Page 423 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 497 of 1269 Attachmen#.QdMtKFrAt(yrNtydrkl�sedi��seII} Tment, Etc. ❑ Master Tax-Exempt Lease/Purchase Agreement* ",Jry �C �L J ❑ Addendum/Amendment to Master Tax-Exempt Lease/Purchase Agreement* ❑ Property Schedule ❑ Property Description and Payment Schedule— Exhibit 1 ❑ Lessee's Counsel's Opinion — Exhibit 2. Exhibit 2 is the standard legal opinion used by Extreme Networks, Inc. This opinion will need to be processed by your attorney on their letterhead. Your attorney will want to review the Lease/Purchase Agreement. ❑ Lessee's Certificate — Exhibit 3. Please fill in the date of the meeting of the governing body, referenced in section 1. We would also like a copy of those minutes or board resolutions for our files. ❑ Payment of Proceeds Instructions— Exhibit 4. This is the Vendor payment information. ❑ Acceptance Certificate — Exhibit 5. The date of Acceptance will need to be filled in with the date the equipment is installed and accepted. ❑ Bank Qualification Certificate— Exhibit 6. One of the two boxes must be checked off. ❑ Request for Certificate of Insurance—Please fill out the form and fax it to your insurance company. The Insurance Certificate is required prior to funding. ❑ Notification of Tax Treatment— Please provide your State of Sales/Use Tax Exemption Certificate ❑ Invoicing Instructions—The information you provide enables us to invoice you correctly. ❑ Escrow Agreement Please keep copies of Exhibit A (Form of Requisition of Costs of Property) and Schedule 1 (Disbursement Schedule). When you are ready to disburse funds from Escrow, you will need to sign and fill in both Exhibit A and Schedule 1. Along with those 2 forms, we will need copies of invoices. Exhibit 5 (Acceptance Certificate)will need to be filled out when the project is complete and it is your final payment request. ❑ IRS Form 8038-G or 8038-GC The original form will be required for funding, which we will submit to the IRS on your behalf. Or, you may submit the original completed form to the IRS directly. Extreme Networks, Inc. will require a copy of the completed form and proof of filing prior to funding *The items above marked with an asterisk require a signature in the presence of a witness/attestor. The attesting of the signature does not require a notary, but the signature of a person present at the time the document is signed. Master TELP-Appropriation Attachment D Page 424 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 498 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Master Tax-Exempt Lease/Purchase Agreement BETWEEN: Extreme Networks, Inc. (the "Lessor") 6480 Via Del Oro San Jose, CA 95119 AND. Sample Customer (the "Lessee") Sample Street Address Sample City, State & Zip Attention: Sample Customer Telephone: Customer Phone Number DATED: Master Date ARTICLE I 1.01 Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agent"means any agent for the Registered Owners,if any,to which all or a portion of Lessor's right,title and interest in,to and under a Property Schedule and the Property under such Property Schedule may be assigned for the benefit of the Registered Owners of Lease Participation Certificates in such Property Schedule. "Agreement"means this Master Tax-Exempt Lease/Purchase Agreement,including all exhibits and schedules attached hereto. "Commencement Date"is the date when the term of a Property Schedule and Lessee's obligation to pay rent thereunder commences,which date shall be set forth in the Property Schedule. "Event of Nonappropriation"is defined in Section 6.06. "Event of Default"is defined in Section 13.01. "Lease Participation Certificates" means certificates evidencing a right to receive a share of Rental Payments payable under a Property Schedule and Purchase Price Payments payable under a Property Schedule and any other rights set forth herein with respect to the Property under said Property Schedule. "Lease Term"means,with respect to a Property Schedule,the Original Term and all Renewal Terms.The Lease Term for each Property Schedule executed hereunder shall be set forth in such Property Schedule,as provided in Section 4.02. "Lessee"means the entity identified as such in the first paragraph hereof,and its permitted successors and assigns. "Lessor"means the entity identified as such in the first paragraph hereof,and its successors and assigns. "Original Term" means, with respect to a Property Schedule, the period from the Commencement Date until the end of the budget year of Lessee in effect at the Commencement Date. "Property" means, collectively,the property leased/purchased pursuant to this Agreement, and with respect to each Property Schedule, the property described in such Property Schedule,and all replacements,repairs,restorations,modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article IX. "Property Schedule"means a Property Schedule in the form attached hereto for Property Schedule 1.Subsequent Property Schedules pursuant to this Agreement shall be numbered consecutively,beginning with Property Schedule 2. "Purchase Price"means the amount that Lessee may,in its discretion,pay to Lessor to purchase the Property under a Property Schedule,as provided in Section 11.01 and as set forth in the Property Schedule. "Registered Owners"means the registered owners of Lease Participation Certificates in a Property Schedule as shown on the registration books maintained by the Agent. "Renewal Terms"means the renewal terms of a Property Schedule,each having a duration of one year and a term coextensive with Lessee's budget year. "Rental Payments"means the rental payments payable by Lessee under Article VI of this Agreement and each Property Schedule,as set forth in each Property Schedule. "Rental Payments Dates"means the rental payments dates for the Rental Payments as set forth in each Property Schedule. "State"means the state in which Lessee is situated. "Vendor"means the manufacturer or contractor of the Property as well as the agents or dealers of the manufacturer or contractor from whom Lessor or Lessee purchased or is purchasing all or any portion of the Property. ARTICLE II 2.01 Property Schedules Separate Financings. Each Property Schedule executed and delivered under this Agreement shall be treated as a separate financing, distinct from other Property Schedules.Without limiting the foregoing,upon the occurrence of an Event of Default or an Event of Nona ppropriation with respect to a Property Schedule,Lessor shall have the rights and remedies specified herein with respect to the Property financed and the Rental Payments payable under such Property Schedule, and except as expressly provided in Section 12.02 below,Lessor shall have no rights or remedies with respect to Property financed or Rental Payments payable under any other Property Schedules unless an Event of Default or Event of Nonappropriation has also occurred under such other Property Schedules.EACH PROPERTY SCHEDULE MERGES ALL PRIOR UNDERSTANDINGS AND CONSTITUTES THE FINAL AND COMPLETE AGREEMENT between Lessor and Lessee for the property.Documentation (e.g.,orders and invoices)between or among Lessee and any property/equipment vendor,dealer,distributor or manufacturer does not apply to any Property Schedule or to Lessor. ARTICLE III 3.01 Covenants of Lessee. As of the Commencement Date for each Property Schedule executed and delivered hereunder, Lessee shall be deemed to represent, covenant and warrant for the benefit of Lessor,any Agent,and any Registered Owners,as follows: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority to enter into this Agreement and the Property Schedule and the transactions contemplated thereby and to perform all of its obligations thereunder. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic.To the extent Lessee should merge with another entity under the laws of the State, Lessee agrees that as a condition to such merger it will require that the remaining or resulting entity shall be assigned Lessee's rights and shall assume Lessee's obligations hereunder. (c) Lessee has been duly authorized to execute and deliver this Agreement and the Property Schedule by proper action by its governing body, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and the Property Schedule,and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the Master TELP-Appropriation Attachment D Page 425 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 499 of 1269 Property Schedule Mt&QdUrM�tuQitic$XWLr&gswtao"fl"tt rmiiht,FDncbkla&r:)WQPagbAw&qdMI34t ate for the Property Schedule, Lessee shall cause to be executed an opinion of counsel in substantially the form attached to the form of the Property Schedule as Exhibit 2. (d) During the Lease Term for the Property Schedule,the Property thereunder will perform and will be used by Lessee only for the purpose of performing essential governmental uses and public functions within the permissible scope of Lessee's authority. (e) Lessee will provide Lessor with current financial statements,budgets and proof of appropriation for the ensuing budget year and other financial information relating to the ability of Lessee to continue this Agreement and the Property Schedule in such form and containing such information as may be requested by Lessor. (f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986,as amended(the"Code"),including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder,from time to time proposed or in effect,in order to maintain the excludability from gross income for federal income tax purposes of the interest component of Rental Payments under the Property Schedule and will not use or permit the use of the Property in such a manner as to cause a Property Schedule to be a"private activity bond"under Section 141(a)of the Code.Lessee covenants and agrees that it will use the proceeds of the Property Schedule as soon as practicable and with all reasonable dispatch for the purpose for which the Property Schedule has been entered into, and that no part of the proceeds of the Property Schedule shall be invested in any securities, obligations or other investments except for the temporary period pending such use nor used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of issuance of the Agreement,would have caused any portion of the Property Schedule to be or become"arbitrage bonds"within the meaning of Section 103(b)(2)or Section 148 of the Code and the regulations of the Treasury Department thereunder proposed or in effect at the time of such use and applicable to obligations issued on the date of issuance of the Property Schedule. (g) The execution,delivery and performance of this Agreement and the Property Schedule and compliance with the provisions hereof and thereof by Lessee does not conflict with or result in a violation or breach or constitute a default under,any resolution,bond,agreement, indenture,mortgage, note,lease or other instrument to which Lessee is a party or by which it is bound by any law or any rule,regulation,order or decree of any court,governmental agency or body having jurisdiction over Lessee or any of its activities or properties resulting in the creation or imposition of any lien,charge or other security interest or encumbrance of any nature whatsoever upon any property or assets of Lessee or to which it is subject. (h) Lessee's exact legal name is as set forth on the first page of this Agreement.Lessee will not change its legal name in any respect without giving thirty(30) days prior notice to Lessor. ARTICLE IV 4.01 Lease of Property. On the Commencement Date of each Property Schedule executed hereunder,Lessor will be deemed to demise,lease and let to Lessee,and Lessee will be deemed to rent, lease and hire from Lessor, the Property described in such Property Schedule, in accordance with this Agreement and such Property Schedule,for the Lease Term set forth in such Property Schedule. 4.02 Lease Term. The term of each Property Schedule shall commence on the Commencement Date set forth therein and shall terminate upon payment of the final Rental Payment set forth in such Property Schedule and the exercise of the Purchase Option described in Section 11.01, unless terminated sooner pursuant to this Agreement or the Property Schedule. 4.03 Delivery. Installation and Acceptance of Property. Lessee shall order the Property, shall cause the Property to be delivered and installed at the locations specified in the applicable Property Schedule and shall pay all taxes,delivery costs and installation costs,if any,in connection therewith.To the extent funds are deposited under an escrow agreement or trust agreement for the acquisition of the Property,such funds shall be disbursed as provided therein.When the Property described in such Property Schedule is delivered, installed and accepted as to Lessee's specifications, Lessee shall immediately accept the Property and evidence said acceptance by executing and delivering to Lessor the Acceptance Certificate substantially in the form attached to the Property Schedule. ARTICLE V 5.01 Eniovment of Property. Lessee shall during the Lease Term peaceably and quietly have,hold and enjoy the Property,without suit,trouble or hindrance from Lessor,except as expressly set forth in this Agreement.No Registered Owner shall interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in default under the subject Property Schedule. 5.02 Location: Inspection. The Property will be initially located or based at the location specified in the applicable Property Schedule.Lessor shall have the right at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Property. ARTICLE VI 6.01 Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional, statutory or charter limitation or requirement concerning the creation of indebtedness by Lessee,nor shall anything contained herein constitute a pledge of the faith and credit or taxing power of Lessee. Upon the appropriation of Rental Payments for a fiscal year,the Rental Payments for said fiscal year,and only the Rental Payments for said current fiscal year,shall be a binding obligation of Lessee;provided that such obligation shall not include a pledge of the taxing power of Lessee. 6.02 Payment of Rental Payments. Lessee shall promptly pay Rental Payments under each Property Schedule, exclusively from legally available funds, in lawful money of the United States of America,to Lessor in such amounts and on such dates as described in the applicable Property Schedule,at Lessors address set forth on the first page of this Agreement,unless Lessor instructs Lessee otherwise.Lessee shall pay Lessor a charge on any delinquent Rental Payments under a Property Schedule in an amount sufficient to cover all additional costs and expenses incurred by Lessor and Agent from such delinquent Rental Payment. In addition, Lessee shall pay a late charge of five cents per dollar or the highest amount permitted by applicable law,whichever is lower,on all delinquent Rental Payments. 6.03 Interest Component. A portion of each Rental Payment due under each Property Schedule is paid as,and represents payment of,interest,and each Property Schedule hereunder shall set forth the interest component(or method of computation thereof)of each Rental Payment thereunder during the Lease Term. 6.04 Rental Payments to be Unconditional. SUBJECT TO SECTION 6.06,THE OBLIGATIONS OF LESSEE TO PAY THE RENTAL PAYMENTS DUE UNDER THE PROPERTY SCHEDULES AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED HEREIN SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES.THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS OR ACTIONS AGAINST ANY VENDOR AS PROVIDED IN SECTION 10.02. 6.05 Continuation of Lease by Lessee. Lessee intends to continue all Property Schedules entered into pursuant to this Agreement and to pay the Rental Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the term of all Property Schedules can be obtained.Lessee agrees that its staff will provide during the budgeting process for each budget year to the governing body of Lessee notification of any Rental Payments due under the Property Schedules during the following budget year. Notwithstanding this covenant, if Lessee fails to appropriate the Rental Payments for a Property Schedule pursuant to Section 6.06,such Property Schedule shall terminate.Although Lessee has made this covenant, in the event that it fails to provide such notice, no remedy is provided and Lessee shall not be liable for any damages for its failure to so comply. 6.06 Non-Appropriation. If sufficient funds are not appropriated to make Rental Payments required under a Property Schedule, such Property Schedule shall terminate and Lessee shall not be obligated to make Rental Payments under said Property Schedule beyond the then current fiscal year for which funds have been appropriated.Upon the occurrence of such nonappropriation(an"Event of Nonappropriation")Lessee shall,no later than the end of the fiscal year for which Rental Payments have been appropriated,deliver possession of the Property under said Property Schedule to Lessor. If Lessee fails to deliver possession of the Property to Lessor upon termination of said Property Schedule by reason of an Event of Nona ppropriation,the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the portion of Rental Payments thereafter coming due that is attributable to the number of days after the termination during which the Lessee fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee's failure to deliver possession as required.In addition,Lessor may,by written instructions to the Agent or to any other escrow agent who is holding proceeds of the Property Schedule,instruct the Agent or such escrow agent to release all such proceeds and any earnings thereon to Lessor,such sums to be credited to Lessee's obligations under the Property Schedule and this Agreement.Lessee shall notify Lessor Master TELP-Appropriation Attachment D Page 426 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 500 of 1269 in writing within seven(7)days after#U0M1i W9 dk Re failure to provide such notice shall not operate to extend the Lease Term or result in any liability to Lessee. 6.07 Defeasance of Rental Payments. Lessee may at any time irrevocably deposit in escrow with a defeasance escrow agent for the purpose of paying all of the principal component and interest component accruing under a Property Schedule,a sum of cash and non-callable securities consisting of direct obligations of,or obligations the principal of and interest on which are unconditionally guaranteed by,the United States of America or any agency or instrumentality thereof,in such aggregate amount, bearing interest at such rates and maturing on such dates as shall be required to provide funds sufficient for this purpose.Upon such defeasance,all right,title and interest of Lessor in the Property under said Property Schedule shall terminate. Lessee shall cause such investment to comply with the requirements of federal tax law so that the exclusion from gross income of the interest component of Rental Payments on said Property Schedule is not adversely affected. ARTICLE VII 7.01 Title to the Property. Upon acceptance of the Property by Lessee and unless otherwise required by the laws of the State,title to the Property shall vest in Lessee,subject to Lessor's interests under the applicable Property Schedule and this Agreement. 7.02 Personal Property. The Property is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated,notwithstanding that the Property or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. If requested by Lessor,Lessee will,at Lessee's expense,furnish a waiver of any interest in the Property from any party having an interest in any such real estate or building. 7.03 Security Interest. To secure the performance of all of Lessee's obligations under this Agreement,including without limitation all Property Schedules now existing or hereafter executed,Lessee grants to Lessor,for the benefit of Lessor and its successors and assigns,a security interest constituting a first lien on Lessee's interest in all of the Property,whether now owned or hereafter acquired,all additions,attachments,alterations and accessions to the Property,all substitutions and replacements for the Property, and on any proceeds of any of the foregoing, including insurance proceeds. Lessee shall execute any additional documents, including financing statements, affidavits, notices and similar instruments,in form and substance satisfactory to Lessor,which Lessor deems necessary or appropriate to establish, maintain and perfect a security interest in the Property in favor of Lessor and its successors and assigns. Lessee hereby authorizes Lessor to file all financing statements which Lessor deems necessary or appropriate to establish,maintain and perfect such security interest. 7.04 Substitution. Lessee may substitute for all or any portion of the Property under a Property Schedule personal property of approximately equal or greater market value and with an equal or greater useful life. In the event of any such substitution, Lessee shall deliver to Lessor a certification that the personal property proposed to be substituted has approximately equal or greater market value and an equal or greater useful life as the portion of the Property being substituted for,together with an opinion of counsel acceptable to Lessor to the effect that the proposed substitution will not adversely affect the exemption of the interest components of Rental Payments under the Property Schedule from federal income taxation.Lessee shall be responsible for all costs and expenses of Lessor,including counsel fees,for any such substitution.Lessee shall cause all financing statements,fixture filings,certificates of title,affidavits,notices and similar instruments,to be made or filed in a timely manner to secure and perfect the security interest of Lessor in the substituted property. ARTICLE VIII 8.01 Maintenance of Property by Lessee. Lessee shall keep and maintain the Property in good condition and working order and in compliance with the manufacturer's specifications,shall use,operate and maintain the Property in conformity with all laws and regulations concerning the Property's ownership,possession,use and maintenance,and shall keep the Property free and clear of all liens and claims,other than those created by this Agreement. Lessee shall have sole responsibility to maintain and repair the Property.Should Lessee fail to maintain, preserve and keep the Property in good repair and working order and in accordance with manufacturer's specifications,and if requested by Lessor,Lessee will enter into maintenance contracts for the Property in form approved by Lessor and with approved providers. 8.02 Liens,Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Property free of all levies, liens and encumbrances,except for the interest of Lessor under this Agreement.The parties to this Agreement contemplate that the Property will be used for a governmental or proprietary purpose of Lessee and, therefore,that the Property will be exempt from all property taxes.The Rental Payments payable by Lessee under this Agreement and the Property Schedules hereunder have been established to reflect the savings resulting from this exemption from taxation. Lessee will take such actions necessary under applicable law to obtain said exemption.Nevertheless,if the use,possession or acquisition of the Property is determined to be subject to taxation or later becomes subject to such taxes,Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the Property. Lessee shall pay all gas,water,steam,electricity, heat, power,telephone,utility and other charges incurred in the operation,maintenance,use,occupancy and upkeep of the Property.Lessee shall pay such taxes or charges as the same may become due; provided that,with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the then current fiscal year of the Lease Term for such Property. 8.03 Insurance. At its own expense,Lessee shall maintain(a)casualty insurance insuring the Property against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount equal to at least the outstanding principal component of Rental Payments,and (b) liability insurance that protects Lessor from liability in all events in an amount reasonably acceptable to Lessor, and (c) workers compensation insurance covering all employees working on,in,near or about the Property;provided that Lessee may self-insure against all such risks.All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. All such insurance shall be with insurers that are authorized to issue such insurance in the State.All such liability insurance shall name Lessor as an additional insured.All such casualty insurance shall contain a provision making any losses payable to Lessor and Lessee as their respective interests may appear.All such insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification. Such changes shall not become effective without Lessor's prior written consent.Lessee shall furnish to Lessor,on or before the Commencement Date for each Property Schedule,and thereafter at Lessor's request,certificates evidencing such coverage,or, if Lessee self-insures,a written description of its self-insurance program together with a certification from Lessee's risk manager or insurance agent or consultant to the effect that Lessee's self-insurance program provides adequate coverage against the risks listed above. 8.04 Advances. In the event Lessee shall fail to either maintain the insurance required by this Agreement or keep the Property in good repair and working order, Lessor may,but shall be under no obligation to,purchase the required insurance and pay the cost of the premiums thereof or maintain and repair the Property and pay the cost thereof.All amounts so advanced by Lessor shall constitute additional rent for the Lease Term for the Property Schedule for which the Property is under and shall be due and payable on the next Rental Payment Date and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the date such amounts are advanced until paid at the rate of 12%per annum or the maximum amount permitted by law,whichever is less. ARTICLE IX 9.01 Damage or Destruction. If(a)the Property under a Property Schedule or any portion thereof is destroyed, in whole or in part,or is damaged by fire or other casualty,or(b)title to,or the temporary use of,the Property under a Property Schedule or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person,firm or corporation acting pursuant to governmental authority, Lessor and Lessee will cause the Net Proceeds(as hereinafter defined) of any insurance claim, condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Property,unless Lessee shall have exercised its right to defease the Property Schedule as provided herein,or unless Lessee shall have exercised its option to purchase Lessors interest in the Property if the Property Schedule so provides.Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee.For purposes of Section 14.02(b)and this Article IX,the term"Net Proceeds"shall mean the amount remaining from the gross proceeds of any insurance claim,condemnation award or sale under threat of condemnation after deducting all expenses,including attorneys'fees,incurred in the collection thereof. 9.02 Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 9.01, Lessee shall (a)complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds and, if Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Section 6.02,or(b)defease the Property Schedule pursuant to Section 6.07,or(c)exercise its option to purchase Lessor's interest in the Property pursuant to the optional purchase provisions of the Property Schedule, if any. The amount of the Net Proceeds, if any, remaining after completing such repair,restoration,modification or improvement or after such defeasance or purchase may be retained by Lessee. Master TELP-Appropriation Attachment D Page 427 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 501 of 1269 Attachment D-Extreme networks ProcAi@tf@Er?knty, End User License Agreement, Etc. 10.01 Disclaimer of Warranties. LESSOR MAKES NO(AND SHALL NOT BE DEEMED TO HAVE MADE ANY)WARRANTIES,EXPRESS OR IMPLIED,AS TO ANY MATTER WHATSOEVER,INCLUDING,WITHOUT LIMITATION,THE DESIGN,OPERATION OR CONDITION OF,OR THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN,THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE,THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF,THE ABSENCE OF LATENT OR OTHER DEFECTS(WHETHER OR NOT DISCOVERABLE),AND LESSOR HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE"AS IS"ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY,WHICHEVER IS LATER,AND ALL SUCH RISKS,IF ANY,ARE TO BE BORNE BY LESSEE.Lessee acknowledges that it has made(or will make)the selection of the Property from the Vendor based on its own judgment and expressly disclaims any reliance upon any statements or representations made by Lessor.Lessee understands and agrees that(a) neither the Vendor nor any sales representative or other agent of Vendor,is(i)an agent of Lessor,or(ii)authorized to make or alter any term or condition of this Agreement, and (b)no such waiver or alteration shall vary the terms of this Agreement unless expressly set forth herein.In no event shall Lessor be liable for any incidental,indirect, special or consequential damage in connection with or arising out of this Agreement,the Property Schedules,or the existence,furnishing,functioning or use of any item, product or service provided for in this Agreement or the Property Schedules. 10.02 Vendor's Warranties. Lessor hereby irrevocably assigns to Lessee all rights that Lessor may have to assert from time to time whatever claims and rights (including without limitation warranties)related to the Property against the Vendor.Lessee's sole remedy for the breach of such warranty,indemnification or representation shall be against the Vendor of the Property,and not against Lessor,nor shall such matter have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement,including the right to receive full and timely payments hereunder.Lessee expressly acknowledges that Lessor makes,and has made,no representations or warranties whatsoever as to the existence or the availability of such warranties of the Vendor of the Property. 10.03 Use of the Property. Lessee will not install, use, operate or maintain the Property improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement and the applicable Property Schedule.Lessee shall provide all permits and licenses,if any,necessary for the installation and operation of the Property.In addition,Lessee agrees to comply in all respects with all laws of the jurisdiction in which its operations involving any item of Property may extend and any legislative,executive,administrative or judicial body exercising any power or jurisdiction over the items of the Property;provided that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner that does not,in the opinion of Lessor,adversely affect the interest of Lessor in and to the Property or its interest or rights under this Agreement.Lessee shall promptly notify Lessor in writing of any pending or threatened investigation,inquiry,claim or action by any governmental authority which could adversely affect this Agreement,any Property Schedule or the Property thereunder. 10.04 Modifications. Subject to the provisions of this Section, Lessee shall have the right, at its own expense, to make alterations, additions, modifications or improvements to the Property.All such alterations, additions, modifications and improvements shall thereafter comprise part of the Property and shall be subject to the provisions of this Agreement.Such alterations,additions,modifications and improvements shall not in any way damage the Property,substantially alter its nature or cause it to be used for purposes other than those authorized under the provisions of state and federal law;and the Property,on completion of any alterations,additions,modifications or improvements made pursuant to this Section, shall be of a value which is equal to or greater than the value of the Property immediately prior to the making of such alterations,additions,modifications and improvements.Lessee shall,at its own expense,make such alterations,additions,modifications and improvements to the Property as may be required from time to time by applicable law or by any governmental authority. ARTICLE XI 11.01 Option to Purchase. Lessee shall have the option to purchase Lessors entire interest in all of the Property subject to a Property Schedule and to terminate any restrictions herein on the Property under such Property Schedule on the last day of the Lease Term for a Property Schedule,if the Property Schedule is still in effect on such day,upon payment in full of the Rental Payments due thereunder plus payment of One(1)Dollar to Lessor.Lessee shall give written notice to Lessor of its intent to purchase Lessor's interest in the Property at least sixty(60)days prior to the last day of the Lease Term for applicable Property Schedule.Upon exercise of the purchase option as set forth in this Section 11.01 and payment of the purchase price under the applicable Property Schedule, and performance by Lessee of all other terms, conditions and provisions hereof, Lessor shall deliver to Lessee all such documents and instruments as Lessee may reasonably require to evidence the transfer,without warranty by or recourse to Lessor,of all of Lessor's right,title and interest in and to the Property subject to such Property Schedule to Lessee. 11.02 Option to Prepay. Lessee shall have the option to prepay the Rental Payments due under a Property Schedule,but only if the Property Schedule so provides, and on the terms set forth in the Property Schedule. ARTICLE XII 12.01 Assignment by Lessor. Lessor's right, title and interest in, to and under each Property Schedule and the Property under such Property Schedule may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor and,to the extent of their interest,by any Registered Owner,without the necessity of obtaining the consent of Lessee;provided that(i)any assignment,other than an assignment to or by a Registered Owner,shall not be effective until Lessee has received written notice,signed by the assignor,of the name,address and tax identification number of the assignee,and(ii)any assignment to or by a Registered Owner shall not be effective until it is registered on the registration books kept by the Agent. Lessee shall retain all such notices as a register of all assignees(other than Registered Owners)and shall make all payments to the assignee or assignees designated in such register or,in the case of Registered Owners,to the Agent.In the event that Lessor's interest in a Property Schedule and the Property thereunder is assigned to the Agent, Lease Participation Certificates in that Property Schedule may be executed and delivered by the Agent to Registered Owners.Lessee agrees to execute all documents,including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interests in this Agreement and the Property Schedules. 12.02 Property Schedules Separate Financings. Assignees of the Lessors rights in one Property Schedule shall have no rights in any other Property Schedule unless such rights have been separately assigned.Lessor may collectively assign two or more Property Schedules with the same Commencement Date to the Agent for the purpose of causing the execution and delivery of Lease Participation Certificates in the Property Schedules with the same Commencement Date. Such assignment shall occur on such Commencement Date and upon such assignment all Property Schedules so assigned shall be treated as a single financing and a single Property Schedule with respect to rights and remedies upon the occurrence of an Event of Default or an Event of Nonappropriation under this Agreement.Registered Owners rights with respect to the Property Schedules shall be determined as provided in the escrow agreement or trust agreement relating to such Lease Participation Certificates. 12.03 Assignment and Subleasing by Lessee. NONE OF LESSEE'S RIGHT, TITLE AND INTEREST IN, TO AND UNDER THIS AGREEMENT AND IN THE PROPERTY MAY BE ASSIGNED,SUBLEASED OR ENCUMBERED BY LESSEE FOR ANY REASON,WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. 12.04 Release and Indemnification Covenants. To the extent permitted by applicable law, Lessee shall indemnify, protect, hold harmless,save and keep harmless Lessor from and against any and all liability,obligation,loss,claim and damage whatsoever,regardless of cause thereof,and all expenses in connection therewith,including, without limitation, counsel fees and expenses, penalties and interest(collectively,"Losses")arising out of or resulting from the entering into this Agreement,any Property Schedules hereunder,the ownership of any item of the Property,the loss of federal tax exemption of the interest on any of the Property Schedules,the ordering,acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Property or any accident in connection with the operation, use, condition, possession,storage or return of any item of the Property resulting in damage to property or injury to or death to any person; provided, however,that Lessee shall not be required to indemnify Lessor for Losses arising out of or resulting from Lessors own willful or negligent conduct, or for Losses arising out of or resulting from Lessor's preparation of disclosure material relating to Lease Participation Certificates(other than disclosure material provided to Lessor by Lessee).The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement, or the applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason. ARTICLE XIII 13.01 Events of Default Defined. Any of the following shall constitute an"Event of Default"under a Property Schedule: (a) Failure by Lessee to pay any Rental Payment under the Property Schedule or other payment required to be paid with respect thereto at the time specified therein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed with respect to the Property Schedule,other than as referred to in subparagraph(a)above,for a period of thirty(30)days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the Master TELP-Appropriation Attachment D Page 428 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 502 of 1269 failure stated in theft WAIMnbae Wfi9 "EW1K1ftW,iit6onsent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement,representation or warranty made by Lessee in or pursuant to the Property Schedule or its execution,delivery or performance shall prove to have been false,incorrect,misleading or breached in any material respect on the date when made; (d) Lessee shall(i)apply for or consent to the appointment of a receiver,trustee,custodian or liquidator of Lessee,or of all or a substantial part of the assets of Lessee, (ii)be unable,fail or admit in writing its inability generally to pay its debts as they become due,(iii) make a general assignment for the benefit of creditors,(iv)have an order for relief entered against it under applicable federal bankruptcy law,or(v)file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy,reorganization or insolvency proceeding;or (e) An order,judgment or decree shall be entered by any court of competent jurisdiction,approving a petition or appointing a receiver,trustee,custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 60 consecutive days. The foregoing provisions of Section 13.01 are subject to the following limitation:if by reason of force maieure Lessee is unable in whole or in part to perform its agreements under this Agreement and the Property Schedule(other than the obligations on the part of Lessee contained in Article VI hereof)Lessee shall not be in default during the continuance of such inability.The term"force maieure"as used herein shall mean the following:acts of God;strikes,lockouts or other industrial disturbances;acts of public enemies;orders or restraints of any kind of the government of the United States or of the State or any of their departments,agencies or officials,or any civil or military authority;insurrections,riots,landslides,earthquakes,fires,storms,droughts,floods,explosions,breakage or accident to machinery,transmission pipes or canals;or any other cause or event not reasonably within the control of Lessee. 13.02 Remedies on Default. Whenever any Event of Default exists with respect to a Property Schedule, Lessor shall have the right, at its sole option without any further demand or notice,to take one or any combination of the following remedial steps: (a) Without terminating the Property Schedule,and by written notice to Lessee,Lessor may declare all Rental Payments and other amounts payable by Lessee thereunder to the end of the then-current budget year of Lessee to be due, including without limitation delinquent Rental Payments under the Property Schedule from prior budget years, and such amounts shall thereafter bear interest at the rate of 12% per annum or the maximum rate permitted by applicable law,whichever is less; (b) Lessor may terminate the Property Schedule,may enter the premises where the Property subject to the Property Schedule is located and retake possession of the Property,or require Lessee,at Lessee's expense,to promptly return any or all of the Property to the possession of Lessor at such place within the United States as Lessor shall specify,and Lessor may thereafter dispose of the Property in accordance with Article 9 of the Uniform Commercial Code in effect in the State; provided, however,that any proceeds from the disposition of the property in excess of the sum required to (i) defease the Property Schedule pursuant to Section 6.07,(ii)pay any other amounts then due under the Property Schedule,and(iii)pay Lessors costs and expenses associated with the disposition of the Property(including attorneys fees),shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto; (c) By written notice to the Agent,if any,Lessor may instruct the Agent to apply all sums held by the Agent in any accounts relating to the Property Schedule under the applicable escrow or trust agreement as provided in the applicable escrow or trust agreement. (d) By written notice to any escrow agent(other than the Agent)who is holding proceeds of the Property Schedule,Lessor may instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor,such sums to be credited to payment of Lessee's obligations under the Property Schedule; (e) Lessor may take any action,at law or in equity,that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any of its rights under the Property Schedule and this Agreement. 13.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease now or hereafter existing at law or in equity.No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof,but any such right or power may be exercised from time to time and as often as may be deemed expedient.In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice,other than such notice as may be required in this Article. 13.04 Costs and Attorney Fees. Upon the occurrence of an Event of Default by Lessee in the performance of any term of this Agreement,Lessee agrees to pay to Lessor or reimburse Lessor for,in addition to all other amounts due hereunder,all of Lessor's costs of collection, including reasonable attorney fees,whether or not suit or action is filed thereon.Any such costs shall be immediately due and payable upon written notice and demand given to Lessee,shall be secured by this Agreement until paid and shall bear interest at the rate of 12%per annum or the maximum amount permitted by law,whichever is less.In the event suit or action is instituted to enforce any of the terms of this Agreement,the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys'fees at trial or on appeal of such suit or action or in any bankruptcy proceeding,in addition to all other sums provided by law. ARTICLE XIV 14.01 Notices. All notices,certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified mail, postage prepaid, to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party),to any assignee(other than a Registered Owner)at its address as it appears on the registration books maintained by Lessee and to any Registered Owner at its address as it appears on the registration books maintained by the Agent. 14.02 Certification as to Arbitrage. Unless a separate Certificate as to Arbitrage is delivered on the Commencement Date, Lessee shall be deemed to make the following representations and covenants as of the Commencement Date for each Property Schedule: (a) The estimated total costs,including taxes,freight,installation,cost of issuance,of the Property under the Property Schedule will not be less than the total principal amount of the Rental Payments. (b) The Property under the Property Schedule has been ordered or is expected to be ordered within six months and the Property is expected to be delivered and installed, and the Vendor fully paid, within one year from the Commencement Date. Lessee will pursue the completion of the Property and the expenditure of the net proceeds of the Property Schedule with due diligence. (c) Lessee has not created or established,and does not expect to create or establish,any sinking fund or other similar fund(i)that is reasonably expected to be used to pay the Rental Payments under the Property Schedule,or(ii)that may be used solely to prevent a default in the payment of the Rental Payments under the Property Schedule. (d) The Property under the Property Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee,either in whole or in major part, prior to the last maturity of the Rental Payments under the Property Schedule. (e) There are no other obligations of Lessee which(i)are being sold within 15 days of the Commencement Date of the Property Schedule;(ii)are being sold pursuant to the same plan of financing as the Property Schedule;and(iii)are expected to be paid from substantially the same source of funds. (f) The officer or official who has executed the Property Schedule on Lessee's behalf is familiar with Lessee's expectations regarding the use and expenditure of the proceeds of the Property Schedule.To the best of Lessee's knowledge,information and belief,the facts and estimates set forth herein are accurate and the expectations of Lessee set forth herein are reasonable. 14.03 Further Assurances. Lessee agrees to execute such other and further documents,including,without limitation,confirmatory financing statements,continuation statements,certificates of title and the like,and to take all such action as may be necessary or appropriate,from time to time,in the reasonable opinion of Lessor,to perfect, confirm,establish, reestablish,continue,or complete the interests of Lessor in this Agreement and the Property Schedules,to consummate the transactions contemplated hereby and thereby,and to carry out the purposes and intentions of this Agreement and the Property Schedules. 14.04 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. Master TELP-Appropriation Attachment D Page 429 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 503 of 1269 14.05 Severability. In the jurisdiction,such holding shall not invalidate or render unenforceable any other provision hereof. 14.06 Waiver of Jury Trials. UNLESS PROHIBITED BY LAW,LESSEE AND LESSOR HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION,PROCEEDING OR COUNTERCLAIM(WHETHER BASED ON CONTRACT,TORT OR OTHERWISE)ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF LESSOR OR LESSEE IN THE NEGOTIATION,ADMINISTRATION,PERFORMANCE OR ENFORCEMENT HEREOF. 14.07 Amendments,Changes and Modifications. This Agreement may be amended in writing by Lessor and Lessee to the extent the amendment or modification does not apply to outstanding Property Schedules at the time of such amendment or modification.The consent of the applicable assignee or Agent,if any,shall be required to any amendment or modification before such amendment or modification shall be applicable to any outstanding Property Schedule. 14.08 Execution in Counterparts. This Agreement and the Property Schedules hereunder may be simultaneously executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same instrument. 14.09 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. 14.10 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. IN WITNESS WHEREOF,Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written. Lessor: Extreme Networks, Inc. Lessee: Sample Customer By: By: Name: Name: Title: Title: Attest By: Name: Title: Master TELP-Appropriation Attachment D Page 430 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 504 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Property Schedule No. Master Tax-Exempt Lease/Purchase Agreement This Property Schedule No. is entered into as of the Commencement Date set forth below, pursuant to that certain Master Tax- Exempt Lease/Purchase Agreement(the"Master Agreement"), dated as of Master Date, between Extreme Networks, Inc., and Sample Customer. 1. Interpretation. The terms and conditions of the Master Agreement are incorporated herein by reference as if fully set forth herein. Reference is made to the Master Agreement for all representations, covenants and warranties made by Lessee in the execution of this Property Schedule, unless specifically set forth herein. In the event of a conflict between the provisions of the Master Agreement and the provisions of this Property Schedule, the provisions of this Property Schedule shall control. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement. 2. Commencement Date. The Commencement Date forthis Property Schedule is Start Date. 3. Property Description and Payment Schedule. The Property subject to this Property Schedule is described in Exhibit A hereto. Lessee shall not remove such property from the locations set forth therein without giving prior written notice to Lessor. The Rental Payment Schedule for this Property Schedule is set forth in Exhibit 1. 4. Opinion. The Opinion of Lessee's Counsel is attached as Exhibit 2. 5. Lessee's Certificate. The Lessee's Certificate is attached as Exhibit 3. 6. Payment of Proceeds. Lessor shall disburse the proceeds of this Property Schedule in accordance with the instructions attached hereto as Exhibit 4. 7. Acceptance Certificate. The form of Acceptance Certificate is attached as Exhibit 5. 8. Additional Purchase Option Provisions. In addition to the Purchase Option provisions set forth in the Master Agreement, Rental Payments payable under this Property Schedule shall be subject to prepayment as follows: See termination amount in Exhibit 1 (Payment Schedule), subject to per diem adjustment. 9. Bank Qualification Certificate.Attached as Exhibit 6. One of the two boxes must be checked off. 10. Expiration. Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Agreement (including this Property Schedule and all ancillary documents)are not received by Lessor at its place of business by Expiration Date. 11. Effective Interest Rate. %. IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives as of the Commencement Date above. Lessor: Extreme Networks, Inc. Lessee: Sample Customer By: By: Name: Name: Title: Title: Attest By: Name: Title: Master TELP-Appropriation Attachment D Page 431 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 505 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 1 Property Description and Payment Schedule Re: Property Schedule No. dated Start Date, to Master Tax-Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. The Property is as follows: The Property as more fully described in Exhibit A incorporated herein by reference and attached hereto. EQUIPMENT LOCATION: Sample Street Address, Sample City, State &Zip USE: test - This use is essential to the proper, efficient and economic functioning of Lessee or to the services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all of the Property, which need is not temporary or expected to diminish in the foreseeable future. Rental Payment Schedule If the Due Dates are not defined in this Rental Payment Schedule, they shall be defined as the day of each monthly period of this Rental Payment Schedule commencing with the Acceptance Date. Total Principal Amount: $100,000.00. Rental Payment No. Due Date Payment Principal Interest Termination Amount Lessee: Sample Customer B : Name: Title: Master TELP-Appropriation Attachment D Page 432 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 506 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT A Property Description Equipment as described in [Vendor Name and Quote Number], dated [Quote Date] (inserted below [if less than 2 pages]), referred to and incorporated herein by this reference. Master TELP-Appropriation Attachment D Page 433 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 507 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 2 Lessee's Counsel's Opinion [To be provided on letterhead of Lessee's counsel.] [Address to Lessor and Lessee] RE: Property Schedule No. dated Start Date, to Master Tax-Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. Ladies and Gentlemen: We have acted as special counsel to Sample Customer ("Lessee"), in connection with the Master Tax-Exempt Lease/Purchase Agreement, dated as of (the "Master Agreement"), between Sample Customer, as lessee, and Extreme Networks, Inc. as lessor("Lessor"), and the execution of Property Schedule No. (the "Property Schedule") pursuant to the Master Agreement and, if applicable, that certain Escrow Agreement dated as of Start Date by and among Lessee, Lessor and KeyBank National Association as Escrow Agent (the "Escrow Agreement", and collectively the "Transaction Documents"). We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. All capitalized terms not otherwise defined herein shall have the meanings provided in the Transaction Documents. As to questions of fact material to our opinion, we have relied upon the representations of Lessee in the Transaction Documents and in the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon the foregoing,we are of the opinion that, under existing law: 1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c)the police power. 2. Lessee has all requisite power and authority to enter into the Transaction Documents and to perform its obligations thereunder, including the account(s) opened pursuant to the Escrow Agreement. 3. The execution, delivery and performance of the Transaction Documents by Lessee has been duly authorized by all necessary action on the part of Lessee. 4. All proceedings of Lessee and its governing body relating to the authorization and approval of the Transaction Documents, the execution thereof and the transactions contemplated thereby have been conducted in accordance with all applicable open meeting laws and all other applicable state and federal laws. 5. Lessee has acquired or has arranged for the acquisition of the Property subject to the Property Schedule, and has entered into the Master Agreement and the Property Schedule, in compliance with all applicable public bidding laws. 6. Lessee has obtained all consents and approvals of other governmental authorities or agencies which may be required for the execution, delivery and performance by Lessee of the Transaction Documents. 7. The Transaction Documents have been duly executed and delivered by Lessee and constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with the terms thereof, except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other laws of equitable principles of general application, or of application to municipalities or political subdivisions such as the Lessee, affecting remedies or creditors' rights generally, and to the exercise of judicial discretion in appropriate cases. Master TELP-Appropriation Attachment D Page 434 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 508 of 1269 8. As of the Q hH6I6(9F,-BAIgffolgaM InriE f. Vgff6eMwAWg�ff6r i W&ffaWEd�Med sufficient, no litigation is pending, (or, to our knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Transaction Documents or of other agreements similar thereto; (b) questioning the authority of Lessee to execute the Transaction Documents, or the validity of the Transaction Documents, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Transaction Documents; or (d) affecting the provisions made for the payment of or security for the Transaction Documents. 9. The Lessee is a political subdivision within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder, and the portion of payments identified as the interest component of the rents (as set forth in the payment schedule attached to the Property Schedule) will not be includable in Federal gross income of the recipient under the statutes, regulations, court decisions and rulings existing on the date hereof and consequently will be exempt from Federal income taxes. This opinion may be relied upon by Lessor, its successors and assigns, and any other legal counsel who provides an opinion with respect to the Property Schedule. Very truly yours, By: DO NOT SIGN THIS FORM — MUST BE ON LETTERHEAD OF LESSEE'S COUNSEL Dated: Master TELP-Appropriation Attachment D Page 435 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 509 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 3 Lessee's Certificate Re: Property Schedule No. dated Start Date, to Master Tax-Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. The undersigned attestor, being the duly elected, qualified and acting of the Sample Customer ("Lessee") does hereby certify, as of Start Date, as follows: 1. Lessee did, at a meeting of the governing body of the Lessee held on by resolution or ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of the above-referenced Property Schedule (the "Property Schedule") and the Master Tax-Exempt Lease/Purchase Agreement (the "Master Agreement") by the following named representative of Lessee, to wit: NAME OF EXECUTING OFFICIAL TITLE SIGNATURE (Official(s)who signed the documents.) OF EXECUTING OFFICIAL OF EXECUTING OFFICIAL And/Or 2. The above-named representative of the Lessee held at the time of such authorization and holds at the present time the office set forth above. 3. The meeting(s) of the governing body of the Lessee at which the Master Agreement and the Property Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property Schedule and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held within the geographic boundaries of the Lessee; (b) open to the public, allowing all people to attend; (c) conducted in accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the Lessee, if any, and the laws of the State. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or an Event of Nona ppropriation (as such terms are defined in the Master Agreement) exists at the date hereof with respect to this Property Schedule or any other Property Schedules under the Master Agreement. 5. The acquisition of all of the Property under the Property Schedule has been duly authorized by the governing body of Lessee. 6. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Rental Payments scheduled to come due during the current budget year under the Property Schedule and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. 7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or(d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. Sample Customer Attest By: Title: SOMEONE OTHER THAN THE EXECUTING OFFICIALS SHOWN ABOVE MUST SIGN HERE. Master TELP-Appropriation Attachment D Page 436 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 510 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 4 Payment of Proceeds Instructions Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Re: Property Schedule No. dated Start Date (the "Property Schedule") to Master Tax-Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. ("Lessor) and Sample Customer("Lessee"). Ladies and Gentlemen: The undersigned, an Authorized Representative of the Lessee hereby requests and authorizes Lessor to disburse the net proceeds of the Property Schedule as follows: Name of Payee: By check By wire transfer If by check, Payee's address: If by wire transfer, pay to: Bank Name: Bank Address: Bank City, State, Zip: Bank Phone: For Account of: Account No.: ABA No.: Sample Customer By: Name: Title: Master TELP-Appropriation Attachment D Page 437 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 511 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 5 Acceptance Certificate Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Re: Property Schedule No. dated Start Date,to Master Tax-Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. Ladies and Gentlemen: In accordance with the above-referenced Master Tax-Exempt Lease/Purchase Agreement (the "Master Agreement"), the undersigned ("Lessee") hereby certifies and represents to, and agrees with Extreme Networks, Inc. ("Lessor"), as follows: (1) The Property, as such terms are defined in the above-referenced Property Schedule, has been acquired, made, delivered, installed and accepted on the date indicated below. (2) Lessee has conducted such inspection and/or testing of the Property as it deems necessary and appropriate and hereby acknowledges that it accepts the Property for all purposes. (3) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default or an Event of Nonappropriation (as such terms are defined in the Master Agreement) exists at the date hereof. Date: Sample Customer as Lessee By: Name: Title: Master TELP-Appropriation Attachment D Page 438 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 512 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. EXHIBIT 6 Bank Qualification Certificate Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 Re: Property Schedule No. dated Start Date, to Master Tax-Exempt Lease/Purchase Agreement dated Master Date, between Extreme Networks, Inc. and Sample Customer. Bank Qualified Tax-Exempt Obligation ❑ (Check box for Bank Qualified designation) Lessee hereby designates this Property Schedule as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Code. Lessee reasonably anticipates issuing tax-exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds and including all tax-exempt obligations of subordinate entities of the Lessee) during the calendar year in which the Commencement Date of this Property Schedule falls, in an amount not exceeding $10,000,000.00. Non-Bank Qualified Tax-Exempt Obligation ❑ (Check box for Non-Bank Qualified designation) Lessee reasonably anticipates issuing more than $10,000,000.00 in tax-exempt obligations in the calendar year of the Commencement Date as defined in the Property Schedule. "Note: ONE of the boxes above MUST be checked. Lessee: Sample Customer By: Name: Title: Master TELP-Appropriation Attachment D Page 439 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 513 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. "Please fill out this form and fax it to your insurance company" Request for Certificate of Insurance TO: Insurance Carrier: (Name) (Address) (Address) (Contact Name) (Contact Phone) (Contact Fax) FROM: Customer/Lessee: Sample Customer Sample Street Address Sample City, State&Zip Contact Name: Sample Contact Name Contact Phone: Sample Phone Number Sample Customer is in the process of financing test with Extreme Networks, Inc. Sample Customer requests that Extreme Networks, Inc. be listed as "Extreme Networks, Inc., their successors and assigns" and that it be named ADDITIONAL INSURED as to liability coverage and LOSS PAYEE as to property coverage. A copy of said certificate should be forwarded to Extreme Networks, Inc. as described below. NOTE: Coverage is to include: (1) insurance against all risks of physical loss or damage to the Equipment; (2) commercial general liability insurance (including blanket contractual liability coverage and products liability coverage) for personal and bodily injury and property damage of not less than $1,000,000; and (3) if applicable, automobile liability coverage of not less than $3,000,000. Extreme Networks, Inc. is to receive 30 days prior written notice of cancellation or material change in coverage. Qualifying language such as "endeavor to provide"; "but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representative" or the like will NOT be accepted and will delay funding. ❑ 1. Please EMAIL or FAX this completed information to: Extreme Networks, Inc. Sample Account Manager,Account Manager Phone Number: Account Manager Number Email:Account Manager Email Fax: (800)746-2436 ❑ 2. Please MAIL a Certificate of Insurance to: Extreme Networks, Inc. Attn: Collateral Services 6480 Via Del Oro San Jose, CA 95119 ❑ 3. Please CONTACT the Account Manager: ✓ When sending this Certificate. ✓ If this cannot be completed today. ✓ If you have any questions. Master TELP-Appropriation Attachment D Page 440 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 514 Of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Notification of Tax Treatment Extreme Networks, Inc. is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences, you will be charged sales/use tax. Personal property tax returns will be filed as required by local law. In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us, please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly. Please indicate below if you feel that your lease is subject to tax or whether a valid exemption exists. I agree that my lease is subject to sales/use tax. I am exempt from sales/use tax and I have attached a completed exemption certificate to Extreme Networks, Inc. I have previously provided a completed exemption certificate to Extreme Networks, Inc. which is valid for this transaction. I am exempt from state tax but subject to local tax. I have attached a completed exemption certificate. I have a valid abatement or property tax exemption (documentation attached). If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? Additional comments: Lessee: Sample Customer By: Name: Title: Master TELP-Appropriation Attachment D Page 441 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 515 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. LESSEE INVOICE INSTRUCTIONS (The information you provide enables us to invoice you correctly.) Sample Customer BILL TO ADDRESS: BILLING CONTACT: First, M.I. and Last Name: Title: Phone Number: Fax Number: PURCHASE ORDER NUMBER: Invoices require purchase order numbers: YES NO Purchase Order Number: FEDERAL TAX ID NUMBER: EQUIPMENT LOCATION (If different from Billing Address): ADDITIONAL INFORMATION NEEDED ON INVOICE: Master TELP-Appropriation Attachment D Page 442 of 471 This is counterpart# of manually executed counterparts.Only counterpart#1 constitutes chattel paper Page 516 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: EXTREME EXTENDED PAYMENT AND SPECIAL PURCHASE AGREEMENT This agreement, including the attached schedules and exhibits, each of which, as applicable, is expressly incorporated herein (collectively, the "Agreement"), is entered into as of the last date entered on the signature page of this Agreement (the "Effective Date") by and between Extreme Networks, Inc., with a principal office at 6480 Via del Oro San Jose, CA 95119, Extreme Networks Ireland Limited, an Ireland corporation with principal offices at Rineanna House, Shannon Industrial Estate, Shannon, Co Clare, Ireland, (independently and jointly "Extreme") and ("Purchaser") with a principal office at Background: This Agreement governs Purchaser's purchase of Extreme Technology, under the special terms of this Agreement. Generally, Purchaser will purchase Extreme Technology which will ultimately be located/installed at a location utilized by the Purchaser. Extreme will allow Purchaser to make payments on such Extreme Technology as set forth in this Agreement. Extreme and Purchaser hereby agree as follows: 1. DEFINITIONS Purchaser is the ultimate user of Extreme Technology as set forth in a Schedule. "End User Agreement' means the applicable End User License Agreement, in shrink-wrap or click-wrap format, packaged with either the Programs or Extreme Technology or set forth on Extreme's website, depending on the Extreme Technology family, the terms of which Extreme is passing through to Purchaser and may be amended from time to time, at Extreme's discretion. "Extreme Technology" means all Extreme products, replacement parts, Programs, documentation, web sites, and any other technology, data or other data, information or content owned or licensed by Extreme and furnished or otherwise made available by Extreme or its agents to Purchaser pursuant to this Agreement. "Program" (i) the software programs, bundled firmware or standalone software Extreme products or other software delivered by Extreme for use with the Extreme Technology, including all backup copies; (ii) Program Updates and; (iii) documentation for the Program. "Program Update" means a bug fix, error correction, update, enhancement (major or minor), new release, or modification of any kind of any part of the Program that Extreme makes available to its customers. "Schedule" refers to the terms and conditions not otherwise set forth in this Agreement that the parties may agree to from time to time for the sale and redistribution of Extreme Technology under this Agreement. The standard Schedule form for Purchaser is attached as Exhibit A and each Schedule executed by the parties shall be subject to the provisions of this Agreement. 2. ORDERS, SHIPMENT AND DELIVERY 2.1. Orders. To place an order the parties will execute a Schedule to the Agreement. Nothing in this Agreement requires the parties to enter into a Schedule. However, once entered into, each Schedule is a binding agreement for the purchase of the Extreme Technology and is subject to the provisions of this Agreement. Only Extreme Technology ordered under this Agreement, as identified by the serial number will be subject to the provisions of this Agreement and not inventory or product purchased under any other Agreement. Attachment D Page 443 of 471 Page 517 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: 2.2. Cancellation or Postponement of Schedule Prior to Shipment by Purchaser. Purchaser may cancel a Schedule in whole or in part without incurring a cancellation charge, by written notice received by Extreme at any time at least ten (10) business days prior to the originally scheduled shipment date. Any Schedule cancellation requested by Purchaser which is requested less than ten (10) business days prior to the originally scheduled shipment date, is subject to good faith discussions between Extreme and Purchaser, with the understanding that Purchaser may incur restocking/cancellation charges as a result of such cancellation. Purchaser may postpone a shipment date one time by written notice given at least five(5) business days prior to the scheduled shipment date, provided that the rescheduled date does not exceed the original date by more than thirty (30) days. 2.3 Cancellation or Postponement of Schedule Prior to Shipment by Extreme. Extreme reserves the right to cancel a Schedule or postpone any shipment in whole or in part under any Schedule if(a) Purchaser fails to make any payment, (b) Purchaser fails to meet reasonable credit or financial requirements established by Extreme, including any limitations on allowable credit, (c) Purchaser fails to comply with the terms and conditions of this Agreement. Extreme reserves the right to discontinue the manufacture, sale or distribution of any or all Extreme Technology at any time, and to cancel any orders for such discontinued Extreme Technology without liability of any kind on the part of Extreme to Purchaser or any third party. No such cancellation, refusal or delay will be deemed a termination (unless Extreme so advises Purchaser) or breach of this Agreement by Extreme. 2.4 Shipment and Delivery.All shipments will be made ExWorks (Extreme's place of shipment), except (a) for shipments within the United States, shipping shall be FOB Destination (Extreme's place of shipment); (b) for shipments within member countries of the European Union, shipping shall be CIP Consignee; and (c) for shipments to the rest of Europe, Canada and other international locations, all shipping terms are DDU Airport and all shipping described above are per Incoterms 2010. Customer shall identify mode of shipment and carrier in the accepted purchase order for ExWorks and FOB destination shipments. Extreme will select the mode of shipment and the carrier for CIP terms. 3. TITLE AND SECURITY INTEREST 3.1. Title. Title to the Extreme Technology shall pass to Purchaser upon delivery by Extreme to Purchaser at Extreme's manufacturing site or distribution center. Title to any software delivered under this Agreement shall remain with Extreme or its third party licensors. The Extreme Technology may consist of or contain additional third party software and such third party software may be licensed under terms different from those in this Section. Any open source software is licensed to Purchaser under the applicable open source licenses and such software will be subject to all of the provisions of the applicable license(s). 3.2. Security Interest. Purchaser shall be deemed to have granted Extreme a security interest in the Extreme Technology subject to this Agreement and all accessions, substitutions and replacements, and proceeds (cash and non-cash), including, without limitation, insurance proceeds (but without power of sale), to secure the prompt payment and performance as and when due of all obligations and indebtedness of Purchaser, now existing or hereafter created, to Extreme pursuant to this Agreement or otherwise. Purchaser authorizes Extreme to file financing statements to give public notice of its interest in the Extreme Technology and any proceeds thereof. Pricing and payment schedules will be set out in each Schedule. 4. PRICING, PAYMENT TERMS AND TAXES Attachment D Page 444 of 471 Page 518 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: 4.1. Pricing and Payment Schedule. Extreme Technology pricing and the payment schedule for Extreme Technology will be set forth in the applicable Schedule. All payments to Extreme shall be in the currency set forth in the Schedule. 4.2. Payments. All amounts are due and payable as set forth in the Schedule(s). Prices stated in each executed Schedule are exclusive of taxes noted in Section 4.3. Extreme reserves the right to charge Purchaser a late penalty of 1.5% per month applied against undisputed overdue amounts, or the maximum rate permitted by law, whichever is less. Late penalties will be recalculated every 30 days thereafter based on Purchaser's current outstanding balance. In addition, Extreme, without waiving any other rights or remedies to which it may be entitled, shall have the right to suspend or terminate any or all Schedules and refuse additional Schedules until Extreme's receipt of all overdue amounts. Extreme shall have no liability to Purchaser for any such suspension or termination of the Schedule or for its refusal of additional Schedules. Extreme further reserves the right to seek collection of all overdue amounts (including by referral to third party collectors), plus all reasonable legal fees (including reasonable attorney's fees) and costs associated with such collection. Although Extreme may extend credit to Purchaser, Extreme reserves the right to change its credit terms at any time when, in Extreme's sole opinion, Purchaser's financial condition or payment record so warrants. To assist Extreme in establishing and updating credit limits and payment terms, Purchaser agrees to provide Extreme with financial information relating to Purchaser's business, including audited financial statements and other credit related information as may be reasonably requested. 4.3. Taxes. Except for taxes based on or measured by Extreme's net income, Purchaser will pay, or reimburse Extreme for its payment of, all customs charges, duties, and sales, use, gross receipts, value added, goods and services or other taxes or fees imposed under or by any governmental authority, whether levied against Extreme or Purchaser, and a) associated with the payment of any amount by Purchaser to Extreme under this Agreement; or b) based on the export, import, shipment, purchase or sale of the Products or Services, their installation or use. If Purchaser claims an exemption from its obligation to pay any such taxes, it shall be Purchaser's responsibility to provide Extreme with an appropriate tax exemption certificate. All payments shall be made free and clear without deduction for all present and future taxes imposed by any taxing authority. In the event that Purchaser is prohibited by law from making any payment unless such deductions are made or withheld therefrom, Purchaser shall pay such additional amounts as are necessary such that the net amounts received by Extreme, after such deduction or withholding, equal the amounts which would have been received if such deduction or withholding had not occurred. Purchaser shall promptly furnish Extreme with a copy of an official tax receipt or other appropriate evidence of any tax imposed on payments made under this Agreement, including taxes on any additional amounts paid. In the event that Purchaser remits sales tax directly to the taxing authority, or claims an exemption from the tax, Purchaser will defend and indemnify Extreme against any claim by a taxing authority based on Purchaser's failure to remit the sales tax including but not limited to any penalty, interest, additional tax, or other charge that may be levied or assessed as a result of a delay or failure of Purchaser to pay any tax, charge or other fee. Purchaser and Extreme agree to cooperate to minimize any applicable taxes, including reasonable notice and cooperation in the case of any audit. This clause shall survive the termination of the Agreement. 4.4. Optional right of Return and Credit. At any time after any minimum payment requirements have been met but prior to full payment for the Extreme Technology, Purchaser may elect to return any or all of the Extreme Technology, to a location specified by Extreme and at Purchaser's expense, upon 60 days prior written notice. If Purchaser elects to return the Extreme Technology then Purchaser agrees that once the Extreme Technology is received by Extreme, title shall be considered to be passed to Extreme, at which time no further payments will be due by Purchaser Attachment D Page 445 of 471 Page 519 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: with respect to the Extreme Technology returned, so long as 1) there are no other outstanding payments or other charges owed by Purchaser at the time the Extreme Technology is received by Extreme and 2) other than normal wear and tear, the Extreme Technology is in good, working condition. Without limiting any other remedies Extreme may have in law or in equity, if Purchaser has notified Extreme it will return some or all of Extreme Technology but fails to return the indicated Extreme Technology within the respective Notification Period, amounts due and payable for the Extreme Technology will continue to accrue until the Extreme Technology is received by Extreme or is paid in full by the Purchaser. 4.5. Optional Take-Back. At any time following payment in full for the Extreme Technology, in the event that Purchaser does not want to retain the Extreme Technology, Purchaser agrees to notify Extreme of such and to offer to Extreme a first right of refusal to retake possession of the Extreme Technology under terms mutually agreed by the parties ("Take-Back"). Notwithstanding the foregoing, Extreme will be under no obligation to enter into such arrangement. 5. EXTREME TECHNOLOGY RESTRICTIONS 5.1. Restrictions. Except as expressly authorized, by local law, and only to the extent authorized, Purchaser will not authorize any third parties to: (i) disassemble, decompile, or reverse engineer any Extreme Technology; or (ii) copy or otherwise reproduce any Extreme Technology, in whole or in part; or (iii) remove, modify or otherwise tamper with any notice or legend on any Extreme Technology or any labeling on any physical media containing Programs; or (iv) use Extreme Technology in any manner to provide time sharing, or other computer services to third parties; or (v) create derivative works from, alter, modify, change or enhance Extreme Technology without Extreme's prior written consent; or (vi) use, modify, enhance, copy or sublicense Programs; or (vii) make any warranties, representations, promises or commitments on behalf of Extreme or its Licensors without the prior written authorization of Extreme; or (viii) distribute any Extreme Technology without the applicable End User Agreement. Purchaser's rights in Extreme Technology will be limited to those expressly granted in this Agreement. Purchaser agrees that a breach of this Section shall constitute a material default under this Agreement for which Extreme may have no adequate remedy at law, such that injunctive or other equitable relief may be appropriate to restrain such breach, whether threatened or actual. 5.2. Proprietary Rights. For any Extreme Technology, Purchaser shall acknowledge and agree to the applicable End User Agreement. The Purchaser obtains a license to the Programs solely pursuant to the terms and conditions in the End User Agreement. No rights under the End User Agreement are conveyed to Purchaser. 6. SERVICE, SUPPORT AND MAINTENANCE Service, support and maintenance may be purchased through Extreme or a third party subject to availability. 7. TERM AND TERMINATION 7.1. Term. This Agreement will commence on the Effective Date and will remain in effect unless terminated as provided for in this Agreement. The effective date and term of each Schedule will be identified in the Schedule. 7.2. Termination 7.2.1. Agreement Termination for Convenience. Either party may, at its option, terminate this Agreement or any Schedule for its convenience with sixty (60) days prior written notice to the other party ("Notification Period"). Attachment D Page 446 of 471 Page 520 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: 7.2.2. Effect of Termination. Except in the case for termination for breach as provided in Section 7.3, upon expiration or termination of this Agreement or any Schedule by either party, in whole or in part, Purchaser shall either a) immediately remit the balance of all remaining payments and any other amounts outstanding under all applicable Schedules, b) request that the payment schedule remain unchanged, such request shall not be unreasonably denied or c) return Extreme Technology, at Purchaser's cost, to Extreme pursuant to the RMA procedures set forth in this Agreement. If Purchaser elects to return the Extreme Technology then Purchaser agrees that once the Extreme Technology is received by Extreme, title shall be considered to be passed to Extreme. No further payments will be due by Purchaser with respect to the Extreme Technology returned so long as 1) there are no other outstanding payments or other charges owed by Purchaser at the time the Extreme Technology is received by Extreme and 2) other than normal wear and tear, the Extreme Technology is in good, working condition. Without limiting any other remedies Extreme may have in law or in equity, if Purchaser has notified Extreme it will return some or all of Extreme Technology but fails to return the indicated Extreme Technology within the respective Notification Period, amounts due and payable for the Extreme Technology will continue to accrue until the Extreme Technology is received by Extreme or is paid in full by the Purchaser. 7.3. Termination for Breach. 7.3.1. This Agreement and/or all Schedules may be terminated by either party if the other party breaches any of its material obligations under this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice ("Cure Period") of such breach. The termination of this Agreement will not affect either party's obligation to make payments to the other party as a result of events that occurred prior to termination. In the case of termination by Extreme for an uncured breach by Purchaser, Purchaser must immediately remit the balance of all remaining payments and any other amounts outstanding under all applicable Schedules. 7.3.2. Notwithstanding anything in this Agreement to the contrary, Extreme may immediately terminate this Agreement and/or any Schedule in whole or in part if: (i) Purchaser fails to comply with the payment provisions of this Agreement, (ii) upon the insolvency, bankruptcy, or dissolution of Purchaser, or; (iii) if Extreme believes there has been or will be a substantial impairment of Purchaser's credit or an assignment for the benefit of Purchaser's creditors. 7.4. NO DAMAGES FOR TERMINATION. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR DAMAGES OF ANY KIND, INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OR EXPIRATION OF THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. NEITHER PARTY WILL BE LIABLE TO THE OTHER ON ACCOUNT OF TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR REIMBURSEMENT OR DAMAGES FOR THE LOSS OF GOODWILL, PROSPECTIVE PROFITS OR ANTICIPATED INCOME, OR ON ACCOUNT OF ANY EXPENDITURES, INVESTMENTS, LEASES OR COMMITMENTS MADE BY EITHER PARTY OR FOR ANY OTHER REASON WHATSOEVER BASED UPON OR RESULTING FROM SUCH TERMINATION OR EXPIRATION. 7.5. Survival. The parties' obligations under the following sections shall survive any termination and/or expiration of this Agreement: Sections 1, 3, 4, 5, 7.2.4, 9, 10 and 11 of this Agreement. 8. INDEMNITY 8.1. Intellectual Property Indemnification. Extreme will defend Purchaser against any third-party suit or proceeding and pay any damages finally awarded against Purchaser therein, based upon any Attachment D Page 447 of 471 Page 521 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: third party claim that any Extreme Technology furnished hereunder, alone and not in combination with any other Extreme Technology, constitutes a direct infringement of any United States or European Union patent, copyright or trade secret issued or in effect as of the Effective Date, provided that Purchaser: (i) promptly notifies Extreme in writing of any such suit or proceeding; (ii) provides Extreme sole control over the defense or settlement of such suit or proceeding; and (iii) provides reasonable information and assistance in the defense and/or settlement any such claim or action. Extreme will not be responsible for any costs, expenses or compromises incurred or made by Purchaser without Extreme's prior written consent. If the use of any Extreme Technology is permanently enjoined, or Extreme determines at its sole discretion that it may be enjoined, then Extreme may, at its sole discretion and expense: (i) procure for Purchaser the right to continue using Extreme Technology; (ii) replace Extreme Technology with a non-infringing Extreme Technology; (iii) modify Extreme Technology so that it becomes non-infringing; or (iv) accept return of Extreme Technology and credit Purchaser the sum paid to Extreme by Purchaser for the infringing Extreme Technology less depreciation calculated on a forty-eight(48) month life. 8.2. Exceptions. Extreme will not be obligated to defend or be liable for any expenses, damages, costs or losses resulting from any suit or proceeding based upon a claim arising from (a) Extreme's compliance with Purchaser's designs, specifications or instructions; (b) modification of Extreme Technology by a party other than Extreme; (c) the combination of Extreme Technology or part thereof with any other Extreme Technology; (d) the direct or contributory infringement of any process patent using any Extreme Technology furnished hereunder; (e) Purchaser's violation of a trade secret pursuant to the confidentiality obligations of the Non-Disclosure Agreement entered into by the parties; (f) Purchaser's use of any Extreme mark or any mark confusingly similar thereto, to identify anything other than Extreme Technology or services; or (g) use of the Extreme Technology or any revenue derived therefrom. DISCLAIMER. THE FOREGOING STATES THE ENTIRE LIABILITY AND OBLIGATIONS OF EXTREME AND THE EXCLUSIVE REMEDY OF PURCHASER WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS. 9. LIMITED EXTREME TECHNOLOGY WARRANTY AND RETURNS 9.1. Warranty to Purchaser. Extreme warrants the Extreme Technology pursuant to the terms and conditions of the Extreme standard warranty posted on https://www.extremenetworks.com/support/ ies/ or for software, subject to the software license agreement posted on https://www.extremenetworks.com/company/legal. 9.2. Exclusive Remedy. As Purchaser's exclusive remedy for breach of the Extreme Technology warranty, during the Warranty Period, Extreme will repair or replace, at Extreme's sole discretion and at no charge to Purchaser, any Extreme Technology that (a) Purchaser has notified Extreme does not materially comply with the warranties described in Section 9.1; (b) with the exception of Programs, Purchaser has returned to an Extreme-authorized repair center during the applicable warranty period pursuant to the RMA Procedure of this Section; and (c) Extreme has confirmed to be defective. Replacement Extreme Technology may be remanufactured. Replacement Extreme Technology shall carry the remaining warranty of the replaced Extreme Technology. 9.3. Limitations on Warranty and Returns. Extreme shall not be responsible for and the foregoing warranty shall not apply to Extreme Technology that has been (i) damaged by accident, Act of God, shipment, improper installation, inadequate maintenance, abnormal physical or electrical stress, misuse or misapplication, or (ii) modified without Extreme's express written acceptance of such modification for warranty purposes. Attachment D Page 448 of 471 Page 522 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: 9.4. Disclaimer. THE FOREGOING WARRANTIES ARE IN LIEU OF, AND EXTREME EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXTREME NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY. 9.5. Returns and RMA Procedure. Purchaser shall not return any Extreme Technology unless it was purchased under this Agreement. For all Extreme Technology returned under this Agreement Purchaser must; (a) contact the Asset Manager of Extreme Capital for return material authorization number ("RMA"), b) provide Extreme with the serial number of Extreme Technology c) arrange and pay for shipping for the return of the Extreme Technology to a location specified by Extreme Communications Systems, Inc. The following additional terms shall apply only to warranty returns: Extreme shall a) verify whether or not Extreme Technology is within the applicable Warranty Period or Purchaser is otherwise entitled to repair or replacement of Extreme Technology without charge; b) (i) if Purchaser is entitled to return Extreme Technology for repair/replacement without charge, then Extreme shall issue to Purchaser an RMA; and (ii) if Extreme Technology is not under warranty, then Purchaser must issue a purchase order for service to Extreme, upon receipt of which Extreme will issue an RMA to Purchaser; (c) Purchaser shall ship the Extreme Technology together with the RMA information to the address provided by Extreme, at Purchaser's expense; and (d) Extreme shall repair or replace Extreme Technology and will return Extreme Technology at Extreme's expense. Purchaser shall pay freight cost for return shipment by Extreme to Purchaser of any Extreme Technology claimed by Purchaser to be defective but determined by Extreme to not be defective. The repair lead time is measured from receipt of the returned Extreme Technology at Extreme's repair facility. 10. LIMITATION OF LIABILITY 10.1. Hazardous Use. Purchaser acknowledges that Extreme Technology is not designed, manufactured or intended for use in connection with the design, construction, maintenance, and/or operation of any system where a failure of such system could result in a situation that threatens the safety of human life. Except as otherwise provided herein, Extreme shall not be liable to Purchaser, in whole or in part, for any claims or damages arising from such use, or resale by Purchaser to a third party for such purposes, and Purchaser agrees to indemnify, defend (with counsel approved in writing in advance by Extreme) and hold Extreme harmless against any claims for cost, damage, expense (including reasonable attorneys' fees) or liability arising out of or in connection with any such use or resale. 10.2. LIMITATION OF LIABILITY. EXCEPT FOR BREACHES OF CONFIDENTIALITY AND BREACHES OF EXTREME'S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL HAVE ANY LIABILITY TO EACH OTHER OR ANY OTHER THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED THEREBY, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND IRRESPECTIVE OF WHETHER SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT WILL EXTREME'S OR ITS SUPPLIERS' TOTAL LIABILITY FOR ANY CLAIMS OR CAUSES ARISING OUT OF THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED THEREBY, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE SUMS RECEIVED BY EXTREME FOR THE EXTREME TECHNOLOGYS PURCHASED BY PURCHASER, IN THE PREVIOUS TWELVE MONTH PERIOD, THAT ARE THE SUBJECT OF AND DIRECTLY AFFECTED BY SUCH CLAIMS. THESE LIMITATIONS ARE CUMULATIVE AND NOT PER INCIDENT. THESE Attachment D Page 449 of 471 Page 523 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 11. GENERAL 11.1. Order of Precedence of Documents. In the event of a conflict between the documents that constitute the Agreement, the documents shall govern in the following order of precedence: (i) the Schedule, (ii) the local implementation agreement for the Extreme Technology provided outside the United States, (iii) the Agreement, (iii) applicable provisions in the Documentation. 11.2The following information is "Confidential Information: (i) as to both parties, the terms of this Agreement, and all information exchanged by the parties during negotiations culminating in this Agreement and during the Term of this Agreement; any information related to a party's performance of, or failure to perform, this Agreement; and any information that is marked or designated as "Confidential" or with like notice; (ii) as to the party disclosing the information, any information related to that party's assets, liabilities, financial results, financing plans, business strategies, product development plans, operations, source code, technology, know-how, trade secrets, customers, vendors, contractors, Extreme's and personnel, and all other information that a reasonable person would understand to be confidential; and (iii) as to Purchaser, data center locations, data center designs (including non-graphic information observed at Purchaser's data center); but excluding in all cases any information which is independently developed by the other party as shown by such party's written business records, or becomes generally available to the public other than through breach of this Agreement, or violation of law or other agreement. Each party agrees not to disclose the other party's Confidential Information to any third party except to its agents and representatives who need to know the information to represent or advise it with respect to the subject matter of this Agreement and who are bound by written non-disclosure obligations at least as stringent as those stated in this Agreement; provided, however, that a party will not be liable for disclosure of the other party's Confidential Information if it is required by law or regulation to be disclosed and the disclosing party gives advance written notice of the disclosure to the other party at the earliest possible time, or the party discloses the information as part of a bona fide legal proceeding to enforce its rights under this Agreement. Each party agrees to use at least a reasonable degree of care to protect the other party's Confidential Information. Each party agrees not to use the other party's Confidential Information except in connection with the performance of its obligations or exercise of its rights under this Agreement. Each party shall return or destroy the other party's Confidential Information on completion of the Agreement, or earlier on request of the other party, provided that a party may retain the other party's Confidential Information if reasonably necessary to fulfill a Schedule under this Agreement, or to maintain reasonable and customary business records. On request of a party, an officer of the other party shall certify its compliance with the preceding sentence. 12. This Agreement shall not limit either party's present or future business activities or relationships of any nature, including business activities or relationships that may be competitive with those of the other party. The parties acknowledges that the other party and its affiliates are actively engaged in business activities, investment, technology exploitation, and research and development efforts that are or may be similar to or coincident with the activities of the other party or its Confidential Information. Accordingly, each party further acknowledges that this Agreement shall in no way limit, restrict or preclude either party from assigning employees or pursuing any of its present or future business activities or interests, either alone or in conjunction with other parties, or from entering into any agreements or transaction with any other person or entity, regardless of whether such business activities and interests are competitive with any actual or proposed business activities and interests of the other party. The parties further agree that each may in the future develop or purchase products or services related to or similar to the subject matter of this Agreement. Attachment D Page 450 of 471 Page 524 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: 12.1. Import and Export. Purchaser acknowledges and agrees that it shall not import, export, or re- export, directly or indirectly, any commodity (including, but not limited to, Extreme Technology, related Extreme Technology or related information including Programs, other software and technical data) to any country in violation of the laws and regulations of any applicable jurisdiction. This restriction expressly includes, but is not limited to, the export regulations of the United States, and the import and export restrictions of the various countries into which Purchaser is authorized to ship Extreme Technology. Purchaser also agrees that they will not export or re-export the Extreme Technology, directly or indirectly, (i) to any U.S. embargoed country; (ii) to any person or entity on a denial list published by the U.S. Government or the government of any country into which the Extreme Technology will be shipped; (iii) for any end use that is prohibited by United States or other applicable law, including nuclear, missile, chemical biological weaponry or other weapons of mass destruction. Purchaser understands that certain Extreme Technology may require export licenses or re-export approval when being shipped. Purchaser shall indemnify, defend (with counsel approved in writing in advance by Extreme) and hold Extreme harmless against any claims for cost, damage, expense or liability arising out of or in connection with any breach of this Section. 12.2. Environmental Compliance (If Applicable). For Sales into the European Union (EU) Purchaser will accept all producer responsibilities as outlined in the EU Directive on Waste Electrical and Electronic Extreme Technology (WEEE), including as necessary registration with each EU country where Purchaser resells Extreme Technology. 12.3. Independent Parties. Each party is an independent contractor, this Agreement will not establish any relationship of partnership,joint venture, employment, franchise or agency between Extreme and Purchaser, and neither Extreme nor Purchaser will have the power to bind the other or incur obligations on the other's behalf without the other's separate and specific prior written consent. 12.4. Insurance. Purchaser agrees during the term of this Agreement to carry liability insurance in an amount that sufficient to meet its indemnification obligations under this Agreement. 12.5. Force Majeure. Neither party is responsible for a failure to fulfill any obligations due to causes beyond its control, except that in no event will this provision affect Purchaser's obligation to make payments under this Agreement. 12.6. Notice. All legal notices required hereunder shall be in writing sent to the General Counsel of the other party and shall be deemed served when received by addressee or, if delivery is not accomplished by reason of some fault of the addressee, when tendered for delivery. 12.7. Assignability. The terms and conditions of this Agreement shall bind and inure to each party's permitted successors and assigns. Notwithstanding the foregoing, Purchaser may not assign this agreement, whether by contract or through a merger, acquisition, change in control, or otherwise, without Extreme's prior written consent, and any attempted assignment without Extreme's prior written consent shall be null and void. 12.8. Severability. If any provision in this Agreement is determined in any proceeding binding upon the parties to be invalid or unenforceable, that provision will be deemed severed from the remainder of this agreement, and the remaining provisions of this agreement will continue in full force and effect. 12.9. No Waiver. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Attachment D Page 451 of 471 Page 525 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: 12.10.No Compensation. Purchaser acknowledges and agrees that it shall not be entitled to any compensation, damages or payments in respect to goodwill that has been established or for any damages on account of prospective or anticipated profits, and shall not be entitled to reimbursement in any amount for any training, advertising, market development, investments, leases or other costs that shall have been expended by Purchaser before termination of this Agreement. Purchaser hereby waives its rights under applicable laws for any such compensation 12.11.Controlling Language. This Agreement has been prepared and executed in the English language only, which language shall be controlling in all respects. 12.12.Governing Law. This Agreement is governed by the laws of the State of New York without reference to conflict of laws principles. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the state and Federal courts located in Santa Clara County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. If this Agreement is made with Extreme Networks Ireland Limited, this agreement shall be governed by the laws of England, without reference to conflicts of laws principles, and all disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the English courts and the parties agree and submit to the personal and exclusive jurisdiction of the courts located in London, England. The U.N. Convention on the International Sale of Goods shall not apply to this Agreement. 12.13.Headings. The headings and titles used in this Agreement are for convenience only and not intended to indicate any legal meaning over and above that detailed in this Agreement. 12.14.Foreign Corrupt Practices Act. In conformity with the United States Foreign Corrupt Practices Act and with Extreme's established corporate policies regarding foreign business practices, Purchaser and its employees and agents shall not directly or indirectly make an offer, payment, promise to pay, or authorize payment, or offer a gift, promise to give, or authorize the giving of anything of value for the purpose of influencing an act or decision of an official of any government including the United States Government (including a decision not to act) or inducing such a person to use his influence to affect any such governmental act or decision in order to assist Extreme in obtaining, retaining or directing any such business. 12.15.Audit Rights. Extreme or its auditors may with thirty (30) day's prior written notice and at its own expense, perform audits to ascertain Purchaser's compliance with the terms and conditions of this Agreement, including the protection of Confidential Information and usage rights and restrictions. Purchaser shall provide Extreme and/or its auditors with any reasonable assistance they require at no charge. If at any time, Extreme finds Purchaser to be out of compliance with the terms and conditions of this Agreement, then Extreme may suspend or terminate Purchaser's rights granted hereunder. In the case of standalone Programs, Extreme may charge Purchaser any additional license fee associated with unauthorized use or reproduction of the Programs. 12.16.Entire Agreement. This Agreement represents the entire agreement between the parties relating to the subject matter hereof and replaces any prior agreements or understandings. No waiver or modification of the Agreement shall be valid unless in writing signed by each party. By their signatures below, the parties indicate their agreement to the terms and conditions set forth in this Agreement. This Agreement may be executed in counterparts, each of which will be deemed an original for all purposes, and together will constitute one and the same document. Telecopy signatures will be Attachment D Page 452 of 471 Page 526 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: relied upon as original signatures in all respects. All signed copies of this Agreement will be deemed originals. EXTREME NETWORKS, INC. PURCHASER: Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: EXTREME NETWORKS IRELAND LIMITED Signature: Print Name: Title: Date: Attachment D Page 453 of 471 Page 527 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: EXHIBIT A SCHEDULE NUMBER_ FOR THE EXTENDED PAYMENT AND SPECIAL PURCHASE AGREEMENT BETWEEN EXTREME AND PURCHASER AGREEMENT# This Schedule shall commence on the last date of signature and continue until the earlier of the following: a) the date it is terminated in accordance with the Agreement or b) the date on which payment has been made in full for the Extreme Technology listed herein. Purchaser: Name, Address, Telephone Number, E-mail Address and other applicable contact information Other applicable Contact Name(s) and Telephone No(s): Shipping Address: Extreme Technology Total Purchase Price: Payment: Purchaser shall make monthly payments beginningT( BD) in the amount of $ USD/month for months, due and payable monthly in advance for the Extreme Technology listed herein. Description of Extreme Technology is attached as Appendix 1 to this Schedule#_ Other Terms Applicable to this Schedule: Extreme will endeavor to provide Purchaser with a list of the serial numbers for each unit of the Extreme Technology shipped underthis Schedule. If any of the information provided by Extreme is inaccurate or misstated, Purchaser must promptly notify Extreme, If Purchaser fails to notify Extreme as provided herein. Purchaser shall remain responsible for making payments for the Extreme Technology as provided by the Agreement and this Schedule. By signing this Schedule, Extreme and Purchaser agree that the provisions of the Extreme Extended Payment and Special Purchase Agreement (the "Agreement") executed by the parties and the exhibits attached to this Schedule apply to this Schedule and are incorporated by this reference. To the extent that this Schedule is inconsistent with the Agreement, the terms of this Schedule shall prevail. Extreme Networks, Inc. By: By: Name: Name: Title: Title: Date: Date: Extreme Networks Ireland Limited [Include if applicable] By: Name: Title: Date: Attachment D Page 454 of 471 Page 528 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement#: Appendix A Quantity Product Name SKU Price Attachment D Page 455 of 471 Page 529 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. NETWORK SUBSCRIPTION AGREEMENT THIS NETWORK SUBSCRIPTION AGREEMENT(this"Agreement")is made as of the Effective Date,between Extreme Networks,Inc.with its principal place of business at 6480 Via del Oro, San Jose,California 95119 and Extreme Networks Ireland Limited,a corporation organized under the laws of Ireland,with principal offices at Rineanna House, Shannon Industrial Estate, Shannon,Co Clare,Ireland(independently and collectively "Extreme"),and having its principal place of business at ("Customer"). 1. SCOPE OF AGREEMENT 1.1 This Agreement governs Customer's use of Network Subscription(as defined below)utilizing certain Extreme Technology. For the avoidance of doubt and notwithstanding anything herein to the contrary, Customer is not purchasing any Extreme Technology or other equipment from Extreme under this Agreement. 1.2 With respect to any Subscription purchased within the United States or its territories,this Agreement is entered into,and all Subscription(s) shall be performed by or on behalf of Extreme Networks Inc. To the extent Subscription(s)are available and purchased outside the United States or its territories this Agreement is entered into,and shall be performed by or on behalf of Extreme Networks Ireland Limited and such purchases will be subject to a local implementation agreement between Extreme Networks Ireland Limited and the Affiliate of the Customer located outside the United States. Each local implementation agreement will incorporate by reference the provisions of this Agreement as amended by mutual agreement of the parties. 1.3 This Agreement incorporates all provisions of the schedules,exhibits, supplements,addendums, amendments and other documents that are referenced herein. All of these documents taken together, including those effective in the future, shall constitute the entire agreement between Extreme and Customer and replace any prior oral and/or written communications,negotiations and agreements relating to the subject matter hereof.This Agreement may NOT be altered, supplemented,or amended by the use of any other document(s)unless otherwise agreed to in a written agreement signed by both parties. 2. DEFINITIONS The following terms have the meanings ascribed to them when used with an initial capital letter in this Agreement. "Affiliate" means an entity that controls,is controlled by(directly or indirectly)or is under common control with the entity referred to,but only for the time that such control exists. As used in this definition,"Control" means the right to control more than fifty percent(50%)of the voting interests of the entity referred to. "Extreme Technology"means all product,replacement parts, software,Documentation,web sites,and any other technology,data or other data,information or content owned or licensed by Extreme and furnished or otherwise made available by Extreme or its agents to Customer pursuant to this Agreement. "Designated Representative"means the person(s)duly authorized by each party who have the authority to take the actions referenced in any provision of this Agreement. "Documentation"means Extreme's written documentation provided in connection with Extreme Technology that describes the functions and features of the Extreme Technology,including user guides and manuals,Help Files,FAQ,information describing technical functionality and specifications,and related information that Extreme provides to its customers generally in connection with the Extreme Technology,whether in print, web based,or other electronic form,all as they may be updated from time to time. "Documentation"does not include marketing and promotional materials. Page 1 of 16 Extreme Confidential and Proprietary Attachment D Page 456 of 471 Page 530 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. "Network Subscription"or "Subscription"means the subscription(s)and Extreme Technology provided by Extreme to Customer pursuant to the applicable Subscription Schedule. "Order"means a document signed by both parties that describes purchase terms for Subscription(s)including but not limited to a Subscription Schedule. "Premises"means location where Subscription(s)are used and/or installed. "Program"means: (i)the software programs,bundled firmware or standalone software products or other software delivered by Extreme for use with the Subscription(s),including all backup copies; (ii)Program Updates and; (iii)Documentation for the Program. "Program Update"means a bug fix,error correction,update,enhancement(major or minor),new release,or modification of any kind of any part of the Program that Extreme makes available to its customers. "Tax"or "Taxes"means all taxes assessed on or against this Agreement or any Extreme Technology, including any products and equipment,utilized in connection with the provision of the Subscription services provided hereunder,including without limitation any sales,use,gross receipts or other similar transaction tax(es);provided that Taxes do not include any taxes on or measured by the net income net worth or shareholder's capital of Extreme. "Subscription Schedule"refers to the terms and conditions not otherwise set forth in this Agreement that the parties may agree to from time to time for the provision of the Subscription. A Subscription Schedule will include without limitation a description of the Extreme Technology/Subscription,additional support and respective pricing for each as well as estimated shipping and delivery date,ship to destination,bill to address, Premise address(es)and name(including contact information)of the Designated Representative and other contact name(s),if applicable. The standard Subscription Schedule form is attached as Exhibit A and each Subscription Schedule executed by the parties shall be subject to the provisions of this Agreement. 3. TERM& TERMINATION 3.1 This Agreement will commence upon the date last executed by the parties("Effective Date")and will terminate upon the expiration of the last surviving Subscription Schedule unless otherwise terminated as provided by this Agreement. The term of the Subscription will be identified in the applicable Subscription Schedule. 3.2 This Agreement and/or all Subscription Schedules may be terminated by either party if the other party breaches any of its material obligations under this Agreement and fails to cure such breach within thirty (30)days after receipt of written notice of such breach. The termination of this Agreement will not affect either party's obligation to make payments to the other party as a result of events that occurred prior to termination.Upon such termination,the Extreme Technology must be returned to Extreme within the 30 day notification period.Notwithstanding the foregoing, Subscription Schedules which by their terms are non-cancellable may not be cancelled or terminated by Customer for any reason. 3.3 Notwithstanding anything in this Agreement to the contrary,Extreme may immediately terminate this Agreement and/or any Subscription Schedule in whole or in part if: (i)Customer fails to comply with the payment provisions of this Agreement, (ii)upon the insolvency,bankruptcy,or dissolution of Customer, or; (iii)if Extreme believes there has been or will be a substantial impairment of Customer's credit or an assignment for the benefit of Customer's creditors.Upon such termination,the Extreme Technology must be returned within 15 days of notification by Extreme. Page 2 of 16 Extreme Confidential and Proprietary Attachment D Page 457 of 471 Page 531 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 3.4 Except as otherwise set forth in a Subscription Schedule,either party may,at its option terminate all or a portion of any applicable Subscription Schedule and/or this Agreement with sixty (60)days prior written notice. Within 60 days after notice, Customer will return the respective Extreme Technology. 3.5 Upon expiration or termination of this Agreement or any Subscription Schedule in whole or in part, Customer shall return Extreme Technology to Extreme pursuant to the RMA Procedures set forth in this Agreement. In the event of a termination of this Agreement or any Subscription Schedule by the Customer, Customer will bear all costs associated with the return of the Extreme Technology and shall do so in a manner that ensures a timely return of the respective Extreme Technology.Upon termination or expiration of the Agreement,unless otherwise specifically provided in the Subscription Schedule,the following amounts will become immediately due and payable: (i)any unpaid amounts for the Subscription provided through the date of termination; (ii)the monthly recurring charges accrued until the Extreme Technology is returned to Extreme as provided by this Agreement,and; (iii)any other amounts due and payable under this Agreement.Further,if Customer fails to make arrangements for return or otherwise fails to return Extreme Technology within the respective notice period,Extreme may take all actions reasonably necessary to obtain possession of and remove the Extreme Technology. Customer will not interfere with or object to such repossession or removal and Customer will cooperate (and ensure corporation of its employees, subcontractors,agents,representatives,and other third parties) with Extreme in such efforts. Customer releases Extreme from,and indemnifies Extreme against,any and all claims of third parties which are in any manner related to allowing Extreme access to the Premises for purposes of exercising and enforcing its rights in and to the Extreme Technology. Without limiting any other remedies Extreme may have in law or in equity,if Customer fails to return the Extreme Technology within the respective notification period,amounts due and payable for the Subscription(s) will continue to accrue until the Extreme Technology is received by Extreme and for 60 days thereafter. 3.6 Survival. The following provisions shall survive expiration or termination of this Agreement: 1,2,3,4, 5.7, 5.9,6,7,8.3,8.4, 9.1, 10, 11, 12, 13,and 15. 4. PRICE AND PAYMENT TERMS 4.1 The Subscription(s)Charges will be invoiced monthly in advance of the due date(and will not be pro- rated)at the rate set forth on the applicable Subscription Schedule. 4.2 All Subscription Charges and other amounts payable by Customer are due and payable on the due date set forth in a Subscription Schedule or if none,then as specified in the applicable invoice.Extreme reserves the right to charge Customer a late penalty of 1.5%per month applied against undisputed overdue amounts,or the maximum rate permitted by law,whichever is less.Late penalties will be recalculated every 30 days thereafter based on Customer's current outstanding balance. In addition,Extreme,without waiving any other rights or remedies to which it may be entitled, shall have the right to suspend or terminate any or all Subscription(s)and refuse additional Orders until Extreme's receipt of all overdue amounts.Extreme shall have no liability to Customer for any such suspension or termination of the Subscription or for its refusal of additional Orders.Extreme further reserves the right to seek collection of all overdue amounts(including by referral to third party collectors),plus all reasonable legal fees (including reasonable attorneys' fees)and costs associated with such collection. 4.3 Charges for non-recurring expenses(such as professional services,installation and training)will be quoted,contracted,and billed separately from the Subscription. 4.4 The prices stated in each Order are exclusive of Taxes. Customer agrees to pay when due all sales, use, property or estimated property, excise and other taxes, fees or other charges of any nature whatsoever (except for any taxes based on Extreme's net income), however designated, together with any fines, penalties or interest thereon, now or hereafter imposed by any governmental entity or paid or accrued by Extreme,whetherbased upon this Agreement,any Subscription charge,or the installation,license,delivery, ownership, use, possession or return of any Extreme Technology. Extreme will pay all property or estimated property taxes on the Extreme technology, or any portion thereof, as applicable, directly to the Page 3 of 16 Extreme Confidential and Proprietary Attachment D Page 458 of 471 Page 532 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. appropriate taxing authority. Customer will reimburse Extreme for any such payments made by Extreme promptly upon request. Any fees,taxes or other charges paid by Extreme upon failure of Customer to make such payments shall become immediately due from Customer to Extreme. Any payment made hereunder to Extreme shall include the amount of any taxes required to be paid by Extreme as the result of the receipt of such payment. 4.5 Extreme will invoice and Customer shall bear applicable shipping and related charges that result from Customer's procurement, subsequent unit relocation,termination of the Subscription and other applicable fees as provided by this Agreement. 4.6 Should a court of competent jurisdiction determine,contrary to the parties'express intention,that this Agreement is a lease intended as security or other secured financing transaction,then solely in that event and for this expressly limited purpose, Customer shall be deemed to have granted Extreme a security interest in the Extreme Technology subject to this Agreement and all accessions,substitutions and replacements,and proceeds(cash and non-cash),including,without limitation,insurance proceeds(but without power of sale),to secure the prompt payment and performance as and when due of all obligations and indebtedness of Customer,now existing or hereafter created,to Extreme pursuant to this Agreement or otherwise. Customer authorizes Extreme to file financing statements to give public notice of its interest in the Extreme Technology and any proceeds thereof. 5. QUOTES,ORDERS,SHIPMENT,DELIVERY 5.1 Quote. At Customer's request, Extreme shall issue a quote stating terms for the purchase of the Subscription (a"Quote"). Each Extreme Quote shall be valid for sixty (60) days from issuance unless otherwise specifically stated in the Quote. 5.2 Orders. Nothing in this Agreement requires the parties to enter into any Orders. However,once entered into,each Order is abinding agreement for the purchase of the Subscription and is subject to the provisions of this Agreement. This Agreement shall govern each Order by any of Customer's Affiliates and Customer will be responsible for any Affiliate's purchases under this Agreement(including but not limited to an Affiliate's failure to make payment or other breach of this Agreement). Extreme may,in its sole discretion,reject an Order for failure to state the information required,or for failure to accurately reflect the commercial terms established by a Quote,Order,or Subscription Schedule. 5.3 Changing or Modifying Orders. If the parties wish to change or modify an existing Order,they shall execute a written statement that references the specific Order by date,purchase order number,or other identifier,and describes the requested changes(a"Change Order"). No changes to an Order shall become effective until both parties have mutually agreed upon and executed the Change Order. 5.4 Cancellation. Customer may cancel an Order without incurring a cancellation charge by written notice received by Extreme at any time at least ten(10)business days prior to the originally scheduled shipment date.Any other cancellation requested by Customer is subject to good faith discussions between Extreme and Customer,with the understanding that Customer may incur restocking/cancellation charges as a result of such cancellation. 5.5 Postponing Shipment. Customer may postpone a shipment date one time by written notice given at least five(5)business days prior to the scheduled shipment date,provided that the rescheduled date does not exceed the original date by more than thirty(30)days. Shipment dates may be rescheduled only by a Designated Representative of Customer. 5.6 Delivery&Shipping. Extreme will deliver Extreme Technology and Subscription to the Premises or other location designated by Customer on the applicable Subscription Schedule using a carrier of Extreme's choice. All shipments will be made ExWorks(Extreme's place of shipment),except(a)for shipments within the United States, shipping shall be FOB Destination(Extreme's place of shipment); (b) for shipments within member countries of the European Union, shipping shall be CIP Consignee;and(c) Page 4 of 16 Extreme Confidential and Proprietary Attachment D Page 459 of 471 Page 533 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. for shipments to the rest of Europe, Canada and other international locations,all shipping terms are DDU Airport and all shipping described above are per Incoterms 2010. Customer shall identify mode of shipment and carrier in the accepted purchase order for ExWorks and FOB destination shipments. Extreme will select the mode of shipment and the carrier for CIP terms. Shipping dates are estimates only. If Extreme becomes aware that it will not be able to meet a delivery date,then: (i)it shall promptly notify Customer of the delay and its proposed solution and recovery plans,and(ii)shall expedite delivery of any such Extreme Technology,at its expense.Extreme may change or discontinue Extreme Technology at any time. A change in the Extreme Technology may occur after a Customer places an Order but before Extreme performs the Subscription.As a result,Extreme Technology Customer receives might display minor differences from the Extreme Technology ordered.However,the Extreme Technology will meet or exceed all material specifications of such Order. 5.7 RMA Procedure. Customer shall not return any Extreme Technology(including but not limited to replacement parts)without a return material authorization("RMA")number issued by Extreme. In the event of a return due to a support or warranty issue,Extreme will make arrangements for shipping the Extreme Technology back to Extreme from the Premises or other location designated by the Customer using a carrier selected by Extreme. All returns as a result of termination by the Customer will be facilitated as outlined in section 3.5 of the Agreement. Customer shall prepare the Extreme Technology for return to Extreme using the original packaging(or other packaging reasonably suitable for the Extreme Technology and type of shipment)and include the Order number,approximate date on which the Extreme Technology was delivered to Customer,RMA information and any other information as Extreme may require. Customer shall adhere to any other written RMA instruction that Extreme may issue from time to time.Failure to follow the RMA procedure as outlined in this Section could result in additional fees due and payable by Customer to Extreme including without limitation,recurring monthly fees for the Subscription and amounts associated with missing,wrong or damaged Extreme Technology, any failure to package or prepare Extreme Technology for return to Extreme as provided in this Section, additional shipping costs and the for the cost of replacing or restoring Extreme Technology to good working order. 5.8 Documentation. Notwithstanding anything in the Documentation to the contrary,the Documentation shall be part of the Agreement only as to those parts that: (i)describe the features and functions of the Product,or(ii)are expressly incorporated in this Agreement,a Subscription Schedule or an Order. 5.9 Order of Precedence of Documents. In the event of a conflict between the documents that constitute the Agreement,the documents shall govern in the following order of precedence: (i)the Subscription Schedule, (ii)the Agreement(iii)the local implementation agreement for the Subscription provided outside the United States,(iv)applicable provisions in the Documentation,the Order. 6. PROGRAMS. Subject to the terms of the Agreement, Customer may use the Program(s) subject to the provisions of the license agreement that accompanies the Extreme Technology or that is posted at www.Extremenetworks.com. 7. USE OF SUBSCRIPTION BY CUSTOMER 7.1 The Extreme Technology is personal property of Extreme and no title,equity,ownership or right (including any license right)in or to the Extreme Technology in whole or in part shall pass to Customer except as otherwise expressly provided by this Agreement. Customer agrees that it may not pass any right or interest in the Extreme Technology to a third party and Customer shall ensure it takes necessary steps to protect Extreme's rights under this Agreement such that the Extreme Technology cannot be construed as a fixture nor shall it become a fixture on the Premises or any other location. Customer will not take any action that causes or purports to cause the imposition of any lien,claim,interest,right or encumbrance on Extreme Technology or otherwise transfer any right or interest in the Extreme Page 5 of 16 Extreme Confidential and Proprietary Attachment D Page 460 of 471 Page 534 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. technology to a third parry. Further, Customer will immediately take all necessary action to remove any lien or encumbrance on the Extreme Technology(other than any lien or encumbrance in favor of or expressly approved by Extreme)arising in connection with the Subscription provided under this Agreement or any Subscription Schedule,and shall,at its sole expense,defend,indemnify and hold Extreme harmless from and against any claims,damages,costs,expenses,losses or the like relating to the protection and preservation of Extreme's rights,title and interest in the Extreme Technology. Customer shall not remove or alter any asset tag affixed to Extreme Technology. 7.2 Customer will maintain the Premises and any other location where Extreme Technology may be located in a safe and secure manner,in accordance with recommended industry standards and conditions,and in a manner as required by the specifications accompanying the Extreme Technology and/or as may be advised by Extreme. Such requirements include but are not limited to ensuring use of the appropriate power requirements,data communications equipment,network and/or using cabling. Customer shall not remove or alter any asset tag affixed to Extreme Technology.Further,Customer will not,and will not permit others to,rearrange,disconnect,remove,relocate,attempt to repair,or otherwise tamper with any Subscription and/or Extreme Technology without the prior written consent of Extreme. If Customer wishes to relocate Extreme Technology, Customer shall provide thirty(30)day prior written notification to Extreme. Relocation may only occur within the country of original delivery. 7.3 Further, Customer will allow,or will secure permission,as applicable,for Extreme and its underlying suppliers,sub-contractors or agents to access Premises and/or Extreme Technology for the installation, maintenance,repair,replacement,relocation,inspection,monitoring,identification,or repossession of the Extreme Technology and performance of the Subscription from time to time as may be determined is necessary or desirable by Extreme. Extreme will use commercially reasonable efforts to notify Customer regarding timing and implementation of any replacement Extreme Technology(hardware or software)that will occur on the Premises. Customer shall notify Extreme promptly of any changes in Customer's hardware or software that may affect Subscription provided by Extreme. 7.4 Customer will provide Extreme with current and accurate information for Customer's Designated Representative and any other contact necessary for access to Customer's Premises. 7.5 Customer will provide Extreme and its authorized agents, sub-contractors, suppliers and agents with a safe place to work. Customer will comply with all laws and regulations regarding the working conditions on the Customer Premises and use of the Subscription.Extreme Technology may not be used for any purpose other than that for which it is provided to Customer under this Agreement.Extreme personnel who perform work related to the Subscription on Customer's premises will use reasonable efforts to comply with Customer's on-site security requirements. Customer may require any Extreme personnel to leave its premises for any reason or no reason in Customer's sole discretion,provided,however,that if Customer has not provided reasonable grounds for requiring the personnel to leave,then Extreme shall be relieved of its obligations under the Agreement to the extent it is delayed in performing them by reason of the removal. 7.6 At all times during the term of this Agreement, Customer will cooperate in all reasonable respects with Extreme(and its suppliers, sub-contractors and agents)to enable Extreme to provide the Subscription contemplated under this Agreement and any Subscription Schedule.Extreme's provision of the Subscription is conditional upon Customer's compliance with this Agreement. To the extent that Customer fails to cooperate with Extreme,provide access to the Extreme Technology or otherwise follow any reasonable instruction by Extreme,Extreme's ability to provide the Subscription(s)may be impacted and Extreme will have no liability for its delay and/or inability to provide the Subscription(s). Page 6 of 16 Extreme Confidential and Proprietary Attachment D Page 461 of 471 Page 535 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 7.7 Customer will bear risk of loss of such Extreme Technology while on Customer's Premises except to the extent the loss is caused by the act,omission or negligence of Extreme and/or its suppliers,agents and contractors. 7.8 Extreme,or an agent designated by Extreme, shall have the right to perform an audit of Customer's use of the Subscription during normal business hours. Customer agrees to cooperate with Extreme in such audit and to provide Extreme with all records reasonably related to Customer's use of the Subscription. The audit will be limited to verification of Customer's compliance with the provisions of this Agreement. 8. WARRANTY 8.1 Extreme warrants that the Subscription provided under any Subscription Schedule will substantially conform to the description of Subscription in the respective Subscription Schedule,and that the Subscription will be performed in a workmanlike manner. Extreme Technology and replacement parts used in repairing or servicing Extreme Technology may be new,equivalent-to-new,or reconditioned. The Extreme Technology provided under this Agreement will conform to the specifications in the Documentation shipped with the Extreme Technology. Extreme shall use commercially reasonable efforts to repair and/or replace Extreme Technology that does not conform to the specifications as provided herein within the normal manufacturing lead times. 8.2 This warranty does not apply to Subscription(s)and Extreme Technology(including without limitation replacement parts)which: (i)has been serviced,modified or altered,except as expressly authorized by Extreme; (ii)have not been installed,operated,exposed to conditions,repaired,or maintained in accordance with any installation,handling,maintenance or operation instructions supplied or specified by Extreme; (iii)have been subjected to unusual physical or electrical stress;or(iv)have been damaged as a result of accident,misuse,transporting,negligence,accident or relocation by Customer or a third party. Customer agrees that the use of any third party products,which have not been certified or are supported by Extreme may cause errors in the operation of the Subscription(s). Customer acknowledges that its use of any such third party products shall release Extreme from the performance of Extreme's respective obligations and Customer agrees to pay Extreme for any time and materials associated with Extreme diagnosing such issues at Extreme's hourly billing rate. Extreme may at its discretion provide additional support to resolve any such issues. 8.3 Customer's exclusive remedy for breach of this warranty is the correction of defective Subscription(s)by Extreme,or at Extreme's election,a refund of the most recent three(3)months of recurring Subscription charges attributable to the defective Subscription. 8.4 Extreme specifically disclaims any and all warranties and liability related to any security software. Customer acknowledges that security software does not guarantee the security of Customer's network, and that Customer is responsible for all other aspects of security,including without limitation,correct installation and setup of the security features of the software and all related requirements,correctly configured security policies, selection of hardware and software(including network security tools), correct installation,configuration,and maintenance of the hardware and software,the interoperability of the various components of Customer's network,and a physically and electronically secure operating environment.Extreme further disclaims any and all warranties and liability related to any third party products not supplied by Extreme. EXTREME DOES NOT WARRANT THAT THE SUBSCRIPTION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL FAILURES OR DEFECTS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SUBSCRIPTION(S)ARE PROVIDED"AS IS"AND NEITHER EXTREME OR ITS SUPPLIERS OR AGENTS MAKE ANY WARRANTIES WITH RESPECT TO THE SUBSCRIPTION(S)OR ANY EXTREME TECHNOLOGY SUPPLIED,MAINTAINED,OPERATED OR RECOMMENDED,EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Page 7 of 16 Extreme Confidential and Proprietary Attachment D Page 462 of 471 Page 536 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 9. SUPPORT,SECURITY AND NETWORK ACCESS 9.1 Extreme's Access to Secure Information Systems and Data. Customer will be solely responsible for the content of all information that Customer stores or transfers via the Subscription(s),for backing up and maintaining copies of all its data and for the removal of any confidential,proprietary,or personal information on Extreme Technology.Extreme is not responsible for managing Customer's network environment. 9.2 Support. "ExtremeWorks Next Business Day"is included with the Subscription delivered under this Agreement. Customer may upgrade to other levels of service available that may be available from time to time for an additional fee and subject to Extreme's terms and conditions applicable to such offer. A description of Extreme's current service offers and applicable terms and conditions can be found at https:Hleam.extremenetworks.com/rs/extreme/images/ExtremeWorks-Advanced-Hardware-Replacement- Services-SDD.pdf. For the avoidance of doubt,Extreme does not provide any kind of support for third party products not supplied by Extreme. Customer agrees that any warranty and/or support for such products shall be provided,if at all,by the manufacturer,distributor or reseller of such products. 10. CONFIDENTIALITY 10.1 The following information is"Confidential Information: (i)as to both parties,the terms of this Agreement,and all information exchanged by the parties during negotiations culminating in this Agreement and during the Term of this Agreement; any information related to a party's performance of, or failure to perform,this Agreement; and any information that is marked or designated as"Confidential" or with like notice; (ii)as to the party disclosing the information,any information related to that party's assets,liabilities,financial results,financing plans,business strategies,product development plans, operations, source code,technology, know-how, trade secrets,customers,vendors,contractors, Extremes and personnel, and all other information that a reasonable person would understand to be confidential;and(iii)as to Customer,data center locations,data center designs(including non-graphic information observed at Customer's data center); but excluding in all cases any information which is independently developed by the other party as shown by such party's written business records,is or becomes generally available to the public other than through breach of this Agreement,or violation of law or other agreement. Each party agrees not to disclose the other party's Confidential Information to any third party except to its agents,advisors,affiliates and representatives,and with respect to Extreme, its potential investors,each who need to know the information to represent or advise it with respect to the subject matter of this Agreement and who are bound by non-disclosure obligations at least as stringent as those stated in this Agreement;provided,however,that a party will not be liable for disclosure of the other party's Confidential Information if it is required by law or regulation to be disclosed and,to the extent not prohibited by applicable law or regulation,the disclosing party gives advance written notice of the disclosure to the other party at the earliest possible time,or the party discloses the information as part of a bona fide legal proceeding to enforce its rights under this Agreement. Each party agrees to use at least a reasonable degree of care to protect the other party's Confidential Information. Each party agrees not to use the other party's Confidential Information except in connection with the performance of its obligations or exercise of its rights under this Agreement. Each party shall return or destroy the other party's Confidential Information on completion of the Subscription, or earlier on request of the other party,provided that a party may retain the other party's Confidential Information if reasonably necessary to use the Subscription,or to maintain reasonable and customary business records and(ii)the obligation to return or destroy does not extend to automatically generated computer back-up or archival copies generated in the ordinary course of receiving party's information systems procedures,provided that except as otherwise permitted herein,receiving party shall make no further use of such copies. On request of a party,an officer of the other party shall certify its compliance with the preceding sentence. 10.2 This Agreement shall not limit either party's present or future business activities or relationships of any nature,including business activities or relationships that may be competitive with those of the other party. Each party acknowledges that the other party and its affiliates are actively engaged in business activities,investment,technology exploitation,and research and development efforts that are or may be Page 8 of 16 Extreme Confidential and Proprietary Attachment D Page 463 of 471 Page 537 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. similar to or coincident with the activities of the other parry or its Confidential Information. Accordingly, each party further acknowledges that this Agreement shall in no way limit,restrict or preclude either party from assigning employees or pursuing any of its present or future business activities or interests, either alone or in conjunction with other parties,or from entering into any agreements or transaction with any other person or entity,regardless of whether such business activities and interests are competitive with any actual or proposed business activities and interests of the other party. The parties further agree that each may in the future develop or purchase products or services related to or similar to the subject matter of this Agreement. The parties agree that monetary damages would not be a sufficient remedy for breach of this section and therefore agree that either parry shall be entitled to seek injunctive and other specific relief. Notwithstanding anything in this Agreement to the contrary,the provisions of this Section 10 shall survive for two(2)years after expiration or termination of this Agreement. 11. INDEMNIFICATION 11.1 General Indemnification. Each party will defend the other,the other's Affiliates,and each of their respective directors,officers,agents,and employees against any unaffiliated third party claim based on that party's gross negligence or intentional misconduct,and indemnify each of them from the resulting losses,damages,and costs and expenses(including reasonable attorney fees)finally awarded to the third party by a court of competent jurisdiction or pursuant to a settlement agreement. The indemnifying parry may settle,at its sole expense,any claim for which it is responsible under this Subsection. The indemnifying party shall control the defense and/or settlement of any claim covered by this subsection, provided that the indemnified parry reserves the right to employ counsel at its own expense and participate in the defense. 11.2 Intellectual Property Indemnification. Extreme will defend Customer,and each of its respective directors,officers,agents,and employees(collectively,the"Customer Indemnitee"),against any unaffiliated third parry claim that the Extreme Technology infringes the third party's United States or European Union patent,trademark,copyright,or valid trade secret(each,an"IP Claim"),and indemnify the Customer Indemnitee from all resulting losses,damages, costs,and expenses(including reasonable attorneys'fees)finally awarded to the third parry by a court of competent jurisdiction(or an arbitration panel or other tribunal,as applicable) or pursuant to a settlement agreement(collectively referred to as "Damages")provided that Customer shall promptly notify Extreme in writing of the claim,provide Extreme sole control over the defense and/or settlement of such claim with Extreme's choice of counsel, and at Extreme's request and expense,provide full information and reasonable assistance to Extreme with respect to such claim.Notwithstanding the prior sentence,Customer's failure to give prompt notice of the claim shall not relieve Extreme of its obligations under this Section except to the extent such failure prejudices Extreme's defense of the matter. Extreme may settle,at its sole expense,any IP Claim for which Extreme is responsible under this Section. Extreme will not be obligated to defend or be liable in any manner for infringement to the extent arising out of: (a)required compliance with Customer-provided technology or specifications; (b)modification of Extreme Technology(except modifications provided by Extreme)or use of such Extreme Technology not in accordance with Specifications; (c)Customer's combination,operation or use of the Extreme Technology with hardware, software or other materials not provided by Extreme; (d)Customer's failure to use reasonable materials or instructions provided by Extreme which would have rendered the Extreme Technology non-infringing. The Customer Indemnitee reserves the right to employ counsel at its own expense and participate in the defense and/or settlement of any IP Claim. In addition to the foregoing,should any Extreme Technology become,or are likely to become,in Customer's reasonable opinion,the subject of such a claim,Extreme shall,at its expense either: (1)procure for Customer the right to make continued use thereof;or(2)replace or modify such with a non-infringing replacement or modification that is functionally equivalent or better than the replaced Extreme Technology;provided,however,that if Extreme is unable through the use of commercially reasonable efforts to do either,then Extreme may request return of the Extreme Technology, and,upon receipt thereof;no further monthly recurring fees for the Subscription(s)will be Page 9 of 16 Extreme Confidential and Proprietary Attachment D Page 464 of 471 Page 538 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. due and payable by Customer for that part of the Subscription that includes the infringing Extreme Technology and shipping costs associated with returning the infringing Extreme Technology. 11.3 The foregoing provisions of this Section state the entire liability and obligations of Extreme and the exclusive remedy of Customer with respect to any actual or alleged infringement of any intellectual property right by the Extreme Technology,or any part thereof. 12. LIMITATION OF LIABILITY 12.1 NEITHER EXTREME NOR ANY OF ITS PERMITTED ASSIGNEES (NOR THEIR EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATES) SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL,INCIDENTAL,PUNITIVE,OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND,INCLUDING WITHOUT LIMITATION ARISING IN CONNECTION WITH THE AGREEMENT,HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EXTREME OR ANY OF ITS ASSIGNEES (OR THEIR EMPLOYEES,AGENTS, SUPPLIERS OR AFFILIATES)BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, SAVINGS,OR VALUE AS WELL AS LOSS OF DATA OR INABILITY TO ACCESS DATA. 12.2 EXTREME'S AND ITS ASSIGNEE'S ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID OR PAYABLE BY CUSTOMER UNDER THE SUBSCRIPTION SCHEDULE WHERE THE CLAIM AROSE IN THE TWELVE(12)MONTH PERIOD PRIOR TO THE DATE THE CLAIM. 12.3 NOTHING HEREIN SHALL PREVENT EITHER PARTY FROM SEEKING INJUNCTIVE RELIEF. 13. INSURANCE. Without limiting Extreme's indemnification obligations above or other obligations under this Agreement, Customer shall obtain and maintain liability insurance and insurance against loss or damage to all Extreme Technology including,without limitation,loss by fire(including extended coverage),theft and such other risks of loss as are customarily insured against on that type of Extreme Technology. Such insurance shall be in such amounts,in such form and with such insurers as are acceptable to Extreme,and shall contain a requirement that no material modification or cancellation of coverage may occur unless thirty(30)days prior written notice thereof has been provided to Extreme. Customer shall cause its insurer to name Extreme as loss payees and additional insured,and within fifteen(15)days after Extreme's request,Customer shall cause its insurer to provide to Extreme a certificate evidencing such coverage. 14. RELATIONSHIP OF THE PARTIES Each party is an independent contractor of the other and nothing in this Agreement shall be construed to create an association,trust,partnership,joint venture,or agency relationship between the parties. Although the parties may refer to each other colloquially as"partners"they do not intend to create a partnership,and neither party has any fiduciary duty,obligation,or liability to the other or any obligation to share profits and losses. Neither party will have any rights,power,or authority to act or create an obligation,express or implied,on behalf of another party except as expressly specified in this Agreement. 15. MISCELLANEOUS 15.1 High-Risk Disclaimer.The Subscription provided under this Agreement are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities,aircraft navigation or communication systems,air traffic control, weapons systems,life-support machines,or any other application in which the failure of the products, software,or services could lead directly to death,personal injury,or severe physical or property damage Page 10 of 16 Extreme Confidential and Proprietary Attachment D Page 465 of 471 Page 539 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. (collectively, "High-Risk Activities").Extreme expressly disclaims any express or implied warranty of fitness for High-Risk Activities. 15.2 Export Compliance.Customer acknowledges that the Subscription provided under this Agreement, which may include technology and encryption,are subject to the customs and export control laws and regulations of the United States("U.S."),may be rendered or performed either in the U.S.,in countries outside the U.S.,or outside of the borders of the country in which Customer or the Extreme Technology is located,and may also be subject to the customs and export laws and regulations of the country in which the Subscription is rendered or received. Customer agrees to abide by those laws and regulations. Extreme's acceptance of any Order for Subscription(s)is contingent upon the issuance of any applicable export license required by the U.S. Government or any other applicable national government;Extreme is not liable for delays or failure to deliver the Subscription resulting from failure to obtain such license or certification.Each Party agrees to indemnify,defend and hold the other harmless from any third-party claims,demands,or causes of action against the other due to the indemnifying party's violation or alleged violation of the applicable export laws,regulations or orders. 15.3 Excluded Data. Customer acknowledges that any software and/or the Subscription provided under this Agreement are not designed to offer functionality providing security and access management for the processing and/or storage of the following categories of data: (1)data that is classified and or used on the U.S.Munitions list,including software and technical data; (2)articles, services and related technical data designated as defense articles and defense services; (3)ITAR(International Traffic in Arms Regulations) related data;and(4)other personally identifiable information that is subject to heightened security requirements as a result of Customer's internal policies or practices or by law or regulation(examples include but are not limited to the Health Insurance Portability and Accountability Act,the Gramm-Leach- Bliley Act,Family Educational Rights and Privacy Act,and hereinafter may be collectively referred to as "Excluded Data"). Customer hereby agrees that Customer is solely responsible for reviewing and ensuring its data that will be provided to Extreme(or to which Extreme will have access)does not contain Excluded Data. 15.4 U.S. Government Restricted Rights.The software and documentation provided with the Subscription are "commercial items"as that term is defined at 48 C.F.R.2.101,consisting of"commercial computer software"and"commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4,all U.S. Government end-users acquire the software and documentation with only those rights set forth herein. 15.5 Assignment. Customer may not assign this Agreement without Extreme's prior written consent,not to be unreasonably withheld. Any attempted assignment in violation of the preceding sentence shall be void. This Agreement shall inure to the benefit of the parties permitted successors and assigns. Extreme may at any time without notice to Customer assign or transfer all or part of any interest in this Agreement or any Subscription Schedule. In such events, all the provisions of this Agreement or any Subscription Schedule hereunder for the benefit of Extreme shall inure to the benefit of and be exercised by or on behalf of such assignee,but the assignee shall not be liable for or be required to perform any of Extreme's obligations to the Customer. Extreme may direct that all payments due and to become due under this Agreement or any Subscription Schedule hereunder and assigned by Extreme shall be paid directly to assignee,upon notice of such assignment to Customer. The right of the assignee to the payment of the assigned payments, the performance of all of Customer's obligations and to exercise any other of Extreme's rights hereunder shall be absolute and unconditional and not be subject to any defense, right of cancellation or termination, counterclaim or set—off which the Customer may have or assert against Extreme,and the Customer hereby agrees that it will not assert any such defenses,rights of cancellation or termination,set—offs,counterclaims and claims against the assignee.No such assignment by Extreme shall relieve Extreme of its obligations or limit or otherwise affect the Customer's rights and/or obligations hereunder. 15.6 Non-Waiver. The failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other or subsequent right or remedy. Page 11 of 16 Extreme Confidential and Proprietary Attachment D Page 466 of 471 Page 540 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. Specifically,but without limitation, Customer's payment of fees is not a waiver of any claims for breach of this Agreement. 15.7 Severability. In the event any provision of this Agreement is held to be invalid or unenforceable,the remaining provisions of this Agreement will remain in full force. 15.8 Notices. Legal notices shall be sent via electronic mail and first class United States mail to the individuals named in the Order,and copied to: To Customer: [insert contact name&address] To Extreme: Extreme Networks,Inc. Attn: Office of the General Counsel 6480 Via del Oro San Jose,CA 95119 Non-legal notices in the ordinary course of business;e.g.,notice to postpone a shipment, shall be sent via electronic mail to the Designated Representative of the other party or to such other designee as may be set forth herein.Notices shall be effective as of the day sent via email,or if that day is not a Business Day or the first Business Day that follows the day sent. 15.9 Force Majeure. Extreme will not be liable for any failure of performance hereunder due to causes beyond its reasonable control,including,but not limited to,acts of God,environmental conditions at Customer's Premises, suppliers,fire,vandalism,cable cut,power outage,Customer's third party contractors, storm or other similar occurrences;any law,order,regulation,action or request of any government,including state and local governments having jurisdiction over either of the parties,or of any instrumentality thereof,or of any civil or military authority; wars;or strikes or other labor difficulties (each,a"Force Majeure"). 15.10 Controlling Law,Venue,Costs of Suit,and Waiver of Jury Trial. With respect to disputes which may arise as a result of this Agreement in the US,the laws of the State of New York(exclusive of its conflict of law principles)govern this Agreement,including all matters of construction,validity and performance. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING(INCLUDING ANY COUNTERCLAIM)OF ANY TYPE IN WHICH IT IS A PARTY AS TO ALL MATTERS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT OR ANY DOCUMENT,INSTRUMENT OR AGREEMENT EXECUTED IN CONNECTION HEREWITH. 15.10.1 All disputes arising out of or in connection with this Agreement and/or any Order issued hereunder to any Extreme entity other than Extreme-US shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with said rules. The place of arbitration shall be London. The arbitral tribunal shall conduct the proceedings and all awards shall be rendered in the English language. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. 15.11 Dispute Resolution. The parties shall attempt in good faith to resolve any dispute arising out of or relating to the Agreement by negotiation between authorized representatives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of the Agreement;provided that Customer shall remain obligated to timely make any and all payments during such negotiations. If the dispute has not been resolved by negotiation as provided herein within fifteen(15)days after the commencement thereof, Customer agrees that Extreme or its assignee may,but shall have no obligation to,compel the Customer to participate in a mediation Page 12 of 16 Extreme Confidential and Proprietary Attachment D Page 467 of 471 Page 541 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. under the CPR Mediation Procedure then currently in effect. Unless the parties agree otherwise,Extreme or its assignee will select a mediator from the CPR Panels of Distinguished Neutrals,who shall apply the law of the State of New York,without reference to its conflict of law,to the merits of any dispute or claim. The mediator shall not be permitted to award any punitive,consequential or other special damages under any circumstances. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.Notwithstanding anything to the contrary,neither party shall be required to pursue the procedures described in this Section prior to filing a request of injunctive or other equitable relief. If the dispute has not been resolved by mediation as provided herein within thirty(30)days of the initiation of such procedure,this Agreement does not preclude either party from initiating litigation;provided,however,that Extreme or its assignee may initiate litigation at any time if Extreme or its assignee has elected to participate in a mediation procedure and Customer has failed to participate. Notwithstanding the foregoing,nothing herein shall 1) prohibit Extreme from initiating any action against Customer in any federal or state court in New York at any time,including without limitation without first seeking mediation or 2)prohibit either party from participating in any court-mandated mediation,arbitration or other alternative dispute resolution,as the case may be. 15.12 Publicity. Neither party may issue any press release or other publicity regarding the subject matter of this Agreement without the other party's prior written consent. 15.13 Trademarks. Neither party may use the other party's name,logo,trade or service marks,or similar indicia(each a"Trademark")without the other party's prior written consent. Any authorized use shall be subject to the Trademark owner's mark usages guidelines provided to the other or published on its website. 15.14 Intellectual Property. All right,title,and interest in the intellectual property (including all copyrights, patents,trademarks,trade secrets,and trade dress)embodied in the Subscription,as well as the methods by which the Subscription is performed and the processes that make up the Subscription,shall belong solely and exclusively to Extreme or the applicable suppliers or licensors,and Customer shall have no rights whatsoever in any of the above,except as expressly granted in this Agreement. The Subscription is protected pursuant to intellectual property laws and treaties. Customer may not modify,remove,delete, augment,add to,publish,transmit,adapt,translate,participate in the transfer or sale of,create derivative works from,or in any way exploit any of the Subscription,in whole or in part. 15.15 Designated Representative. Each party shall appoint a Designated Representative(s) Each party shall notify the other of their appointed Designated Representative(s)and their respective contact information as may be modified from time to time via notification to the other. 15.16 Compliance with Laws.Each party shall comply with all applicable governmental law, statutes, ordinances,administrative orders,rules,authorizations and regulations,including without limitation, those related to the export of technical materials. Customer will not use the Subscription or allow the Subscription to be used(i)for any unlawful purpose;or(ii)in violation of any relevant government law, statues,ordinance,administrative order,rules or regulation or authorization. 15.17 Translations. This Agreement is in English and the English language shall be controlling in all respects. Any other version in any other language shall be for accommodation only and shall not be binding upon the parties. All communications and notices to be made or given pursuant to this Agreement,and any dispute proceeding related to or arising hereunder, shall be in the English language. In the event of any discrepancy or inconsistency between different language versions of the Agreement(and all associated documents or correspondence concerning this Agreement),the English language version shall prevail. 15.18 Counterparts. This Agreement may be executed in two or more counterparts,all of which,taken together,shall be considered to be one and the same instrument. Page 13 of 16 Extreme Confidential and Proprietary Attachment D Page 468 of 471 Page 542 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 15.19 Entire Agreement. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES REGARDING ITS SUBJECT MATTER AND SUPERSEDES AND REPLACES ANY PRIOR OR CONTEMPORANEOUS AGREEMENT OR UNDERSTANDING, WRITTEN OR ORAL. Each party warrants and represents that its respective signatories,whose signatures appear below,have been and are on the date of signature duly authorized to execute this Agreement. Customer Extreme Networks,Inc. By: By: Name: Name: Title: Title: Date: Date: Extreme Networks Ireland Limited. By: Name: Title: Date: Page 14 of 16 Extreme Confidential and Proprietary Attachment D Page 469 of 471 Page 543 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. EXHIBIT A SUBSCRIPTION SCHEDULE SCHEDULE NUMBER Customer Billing Address: Designated Representative Name, Address, Telephone Number, E-mail Address and other applicable contact information Other applicable Contact Name(s)and Telephone No(s).: Premise Address(if different from Customer Address): Shipping Address(if different from the Premise Address): Subscription Price: Recurring Subscription Charge-$ /month,billable monthly in advance. Subscription: During the term of this Subscription Schedule,Extreme shall perform the Subscription in accordance with the terms and conditions of this Subscription Schedule and at the prices set forth herein. The Subscription encompasses the following: 1. [Insert brief description of the equipment-based services (capacity, e.g.) and attach exhibits as needed.] 2. [Describe support and maintenance terms including pricing] Term of Subscription Schedule This Subscription Schedule shall commence on the Effective Date and continue until the date it is terminated pursuant to the Agreement. Page 15 of 16 Extreme Confidential and Proprietary Attachment D Page 470 of 471 Page 544 of 1269 Attachment D-Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. SUBSCRIPTION SCHEDULE (CON'T) Other Terms Applicable to this Subscription Schedule: Estimated Shipping and Delivery Date: [Refer to quote if appropriate] By signing this Subscription Schedule,Extreme and Customer agree that the provisions of the Network Subscription Agreement(the"Agreement")executed by the parties and the exhibits attached to this Subscription Schedule apply to this Subscription Schedule and are incorporated by this reference. To the extent that this Subscription Schedule is inconsistent with the Agreement,the terms of this Subscription Schedule shall prevail. Customer Extreme Networks,Inc. By: By: Name: Name: Title: Title: Date: Date: Extreme Networks Ireland Limited[Include if applicable] By: Name: Title: Date: Page 16 of 16 Extreme Confidential and Proprietary Attachment D Page 471 of 471 Page 545 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint NASPO PARTICIPATING ADDENDUM ValuePoint DATA COMMUNICATION PRODUCTS & SERVICES (2019-2026) Led by the State of Utah Master Agreement #: AR3230 Contractor: Extreme Networks, Inc. (Contractor) Participating Entity: State of Florida, Department of Management Services (Department) Agreement No. 43220000-NASPO-I9-ACS 1. Scope: This addendum covers the NASPO ValuePoint Master Agreement for Data Communications Products and Services led by the State of Utah (Lead State) for use by Agencies, as defined in section 287.012, Florida Statutes, and authorized by section 287.042(16), Florida Statutes. For purposes of this Participating Addendum, the Department and Extreme Networks, Inc., are collectively referred to herein as the "Parties." 2. Alternate Contract Source Agreement (ACS): ACS refers to this Participating Addendum, Exhibit A: Additional Special Contract Conditions, Exhibit B: Special Contract Conditions, and the Master Agreement and all attachments. 3. Order of Precedence: All terms and conditions contained in the ACS are incorporated as if fully set forth herein and shall remain in full force and effect throughout the term of the ACS unless modified in writing by the parties. This Participating Addendum and Exhibit A: Additional Special Contract Conditions may only be modified or amended upon mutual written agreement by the Parties. If amendments are made to the Master Agreement, the Contractor shall: 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into the ACS, enter into a written amendment with the Department reflecting the addition of such amendments. In the event of conflict, the following order of priority governs: a) This Participating Addendum and all Amendments; b) Exhibit A: Additional Special Contract Conditions; c) Exhibit B: Special Contract Conditions; d) Attachment A: NASPO ValuePoint Master Agreement Terms & Conditions; e) Attachment B: Scope Awarded to Contractor f) Attachment C: Pricing Discounts and Value-Added Services g) An Order issued against the ACS; h) The Solicitation, SK18001 (Request for Proposals), Data Communications Products and Services; i) The Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State. Page 1 of 4 Page 546 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint NASPO PARTICIPATING ADDENDUM ValuePoint DATA COMMUNICATION PRODUCTS & SERVICES (2019-2026) Led by the State of Utah 4. Term of the Participating Addendum: a) Initial Term: The initial term of the ACS will become effective on the last date the document is signed by all Parties, whichever is later, and shall be effective through September 30, 2024, unless terminated earlier, in accordance with Exhibit A: Additional Special Contract Conditions or Exhibit B: Special Contract Conditions. b) Renewal: Upon agreement of the Parties, the Department and the Contractor may renew the ACS in accordance with section 287.057(13), Florida Statutes, and Rule 60A- 1.048, Florida Administrative Code. Renewals must be in writing and are subject to the same term, conditions, and modifications set forth in the ACS. The Contractor and the Department may negotiate renewal term pricing, which shall not exceed the pricing provided during the initial term as set forth in the Master Agreement. 5. Product and Service Offering: The Contractor is authorized to provide the Products listed below: • Networking • Routers, Switches, Security, and Storage Networking • Wireless • Value Added Services are permitted under this PA to the extent they do not overlap with services offered through a state term contract. If the service(s) are offered through a state term contract, agency customers are obligated use the state term contract(s) to purchase the service(s). 6. Master Price Agreement Number: All purchase orders issued by agencies within the jurisdiction of this Participating Addendum shall include the NASPO ValuePoint Master Agreement number: AR3230 7. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor Name: Michael Swierk Address: 6480 Via Del Oro San Jose CA 95119 Telephone: 603-952-6909 Email: mswierk@extremenetworks.com This space intentionally left blank Page 2 of 4 Page 547 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint NASPO PARTICIPATING ADDENDUM ValuePoint DATA COMMUNICATION PRODUCTS & SERVICES (2019-2026) Led by the State of Utah State of Florida Name: Joy Geller Address: 4050 Esplanade Way, Tallahassee Florida 32399 Telephone: 850-410-0978 Email: joy. eller d s.fl. ov 8. Participating State or Entity Terms and Conditions Participating State or Entity must check one of the boxes below. These modifications or additions apply only to actions and relationships within the State of Florida. A Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to its contractual relationship with the Contractor under the Terms and Conditions of the State of Utah NASPO ValuePoint Master Agreement. LI No changes to the terms and conditions of the Master Agreement are required. [ X I The following changes are modifying or supplementing the Master Agreement terms and conditions: Exhibit A—Additional Special Contract Conditions Exhibit B— Special Contract Conditions IN WITNESS WHEREOF, the Parties have executed this Addendum as of the date of execution by both parties below. Participating State: Contractor: State of Florida Extreme Networks, Inc. Byy: DocuSigned by: / VA" LLPlat, 066011 Name: Jonathan R. Satter Name:PUMNittIe Title: Secretary Title: Senior Vice President, Sales Date: 8/7/2020 1 2:43 PM EDT Date: 8/4/2020 13:23 PM EDT Page 3 of 4 Page 548 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint NASPO PARTICIPATING ADDENDUM ValuePoint DATA COMMUNICATION PRODUCTS & SERVICES (2019-2026) Led by the State of Utah For questions on executing a participating addendum, please contact: NASPO ValuePoint Cooperative Contracting Coordinator: Telephone: Email: info nas ovalue oint.or [Please email fully executed PDF copy of this document to nas ovalue oint.or_ to support documentation of participation and posting in appropriate data bases.] Page 4 of 4 Page 549 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB Der)artment of MANAGEMENT ERVI C A We serve the .;'who serve Florida ADDITIONAL SPECIAL CONTRACT CONDITIONS Exhibit A The following changes are modifying or supplementing the Master Agreement and ACS terms and conditions. These modifications or additions apply only to actions and relationships within the ACS. Upon execution of the ACS, Customers may purchase products and services under contract using the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. A. Vendor Registration: In order to complete any transaction between an Individual Customer and the Contractor, the Contractor must be registered in MyFloridaMarketPlace. B. Purchases: In order to procure products and services hereunder, Customers shall issue purchase orders or use a purchasing card which shall reference Florida Alternate Contract Source Number 4322000-NASPO-19-ACS. Customers are responsible for reviewing the terms and conditions of this ACS including all Exhibits. C. Additional Customer Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before a Customer can make a purchase under this ACS, the Customer is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. D. The State of Florida's performance and obligation to pay under this ACS is contingent upon an annual appropriation by the Legislature. The vendor 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. E. Product and Service Offerings: The Contractor is authorized to provide Products as referenced in Section 5 of the Participating Addendum (PA). Any Product Offerings not listed are not approved. F. Hours of Work: The Contractor will provide services and support during the States normal working hours. Normal working hours are 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. Days observed as holidays by State agencies are provided via the link below: https://www.dms.myflorida.com/workforce operations/human resource management/fo r state personnel system hr practitioners/state holidays G. Employment Eligibility Verification: The language of subsection 13.2 of the Special Contract Conditions regarding E-Verify shall apply to resellers as well as other subcontractors. Page 550 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB H. Price List/Preferred Price: The Contractor's price list will be the same as the NASPO ValuePoint price list, and the Department will post a link on the Department's website to the price list posted on the NASPO ValuePoint website. Contractors are encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Customers wherever possible. I. Orders: Any Order placed by a Customer for a Product and/or Service available under the Master Agreement shall be deemed to be a sale under and governed by the terms and conditions of the ACS. To the extent the Customer and the Contractor agree on additional terms, the terms will be documented on the Customer Order, signed by both parties, and integrated into the ACS order of precedence as reflected on the PA. J. Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper- based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: a. EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. b. PO Flip via AN The online process allows Contractors 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 PO into an invoice. This option does not require any special software or technical capabilities. 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 contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. K. Product Installation & Invoicing: Contractor will provide timely billing and Customer will notify Contractor, in writing, of any billing concern. In order for Contractor to generate accurate service invoices, Purchasing Entities shall provide meter reads within the Contractor(s) requested timeframe. Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services 2 Page 551 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB L. Contract Reporting: The Contractor shall report information on orders received from Customers associated with the ACS. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Dates MFMP Transaction Report Calendar month 15th calendar day of the month following the receipt of payment for the vendor's good or services. Contract Quarterly Sales State's Fiscal 15 calendar days after close of the period Report Quarter No favorable action will be considered for any contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees/ monies that is required under the ACS. c. Contract Quarterly Sales Report: The Contractor agrees to submit a Quarterly Sales Report to the Department's Contract Manager within 15 calendar days after the close of each State Fiscal quarter. Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September) — due October 15th. Quarter 2 - (October-December) —due January 15th. Quarter 3 - (January-March) —due April 15th. Quarter 4 - (April-June) —due July 15th. Quarterly reporting requirements begin the date of ACS execution. Reports must be submitted in MS Excel format and can be retrieved by accessing the following link at FL DMS Quarterly Sales Report Form. The report will include all sales (orders) from Customers received (associated with this ACS) during the period. Initiation and submission of the Quarterly Report is the responsibility of the Contractor without prompting or notification from the Department's Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, this ACS may be terminated for convenience or the Department may choose to not renew the ACS. In addition, the Department may require additional sales information such as copies of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad hoc requests within the specified amount of time as requested by the Department. d. MFMP Transaction Fee Report: The Contractor is required to submit monthly Transaction Fee Reports in the Department's electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendor on the MFMP Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services 3 Page 552 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB website: MFMP Transaction Fee and Reporting. Assistance is also available with the Transaction Fee Reporting System from the MFMP Customer Service Desk by email at feeprocessing(a_myfloridamarketplace.com or telephone 866-FLA-EPRO (866- 352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. M. Ad hoc Reports: The Department reserves the right to require additional reports or information pertaining to this ACS and any resulting purchase orders or contracts with customers. The Contractor must submit a report or information within five (5) business days after receipt of a Department request, unless otherwise approved by the Department. N. Financial Consequences: The following financial consequences will be assessed for nonperformance of the Quarterly Sales Report and Monthly Transaction Fee Report requirements. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal. These consequences for non-performance are not to be considered penalties. Performance Financial Target Consequence Performance Metrics Description Frequency for Non- Performance Per Day Late Quarterly Sales Report Quarterly Sales Report are due 100% Quarterly $250 Submission on or before the 15Th calendar day after close of a quarter. Monthly Transaction Fee Transaction Fee Report are due 100% Monthly $100 Report on or before the 15th calendar day after close of the period. The financial consequences will be paid via check or money order and made out to the Department of Management Services in US Dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every quarter thereafter. These consequences of non-performance shall not be considered penalties. O. Business Review Meetings: The Department reserves the right to schedule business review meetings as frequently as necessary. The Participating State will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor shall address the agenda items and any of the Participating State's additional concerns at the meeting. At minimum, the parties shall meet to discuss: a. Program compliance b. Program trending review c. Savings report: Hard dollar and soft dollar d. Spend report e. Subcontractor and contingent staff performance f. Recommendations for improved compliance and performance Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services 4 Page 553 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB Failure to comply with this section may result in the Contractor being found in default and PA termination. P. Resellers/Partners: The Contractor may use resellers/partners in order to provide equipment and services. All resellers/partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms, and conditions within the ACS and the Customer Order. The Contractors resellers/partners' participation will be in accordance with the terms and conditions set forth in the ACS and the Customer Order. If a reseller/partner is authorized to conduct business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the reseller/partner shall be resolved between the Contractor and the reseller/partner. The State of Florida is not a party to any agreement entered into between the Contractor and its resellers/partners. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such resellers/partners and shall ensure that all such resellers/partners meet the following requirements: • Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org) • Registered in the MFMP Vendor Information Portal (https:Hvendor.myfloridamarketplace.com) • Not be on the State of Florida's Convicted, Suspended, or Discriminatory lists http://www.dms.myflorida.com/business operations/State purchasing/vendor inf ormation/convicted suspended discriminatory complaints vendor lists • Have a copy of E-Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com Q. All licenses obtained under this ACS shall be transferable to the extent necessary for any Customer reorganization under section 20.06, Florida Statutes. Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services 5 Page 554 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB Exhibit B SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION...........................................................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION.................................................................................2 SECTION 3. PAYMENT AND FEES.............................................................................................................3 SECTION 4. CONTRACT MANAGEMENT..................................................................................................4 SECTION 5. COMPLIANCE WITH LAWS....................................................................................................6 SECTION 6. MISCELLANEOUS..................................................................................................................7 SECTION 7. LIABILITY AND INSURANCE...........................................................................................................9 SECTION 8. PUBLIC RECORDS,TRADE SECRETS, DOCUMENT MANAGEMENT,AND INTELLECTUAL PROPERTY..............................................................................................................................................10 SECTION 9. DATA SECURITY..................................................................................................................12 SECTION 10.GRATUITIES, LOBBYING,AND COMMUNICATIONS..........................................................13 SECTION 11.CONTRACT MONITORING. ...............................................................................................14 SECTION 12.CONTRACT AUDITS...........................................................................................................15 SECTION 13. BACKGROUND SCREENING AND SECURITY......................................................................16 SECTION 14.WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM....................................................17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. SP approved version 7-1-2019 1 Page 555 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension.After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. SP approved version 7-1-2019 2 Page 556 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB SECTION 3. PAYMENTAND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor's authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. SP approved version 7-1-2019 3 Page 557 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the 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 Contract is contingent upon an annual appropriation by the Legislature. 3.7 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), F.S. 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, F.A.C., 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. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract.Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, who is primarily responsible for the Department's oversight of the Contract,will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department's Contract Manager Name Department's Name Department's Physical Address Department's Telephone# Department's Email Address SP approved version 7-1-2019 4 Page 558 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance,will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor's Contract Manager Name Contractor's Name Contractor's Physical Address Contractor's Telephone# Contractor's Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1)AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at,https://www.respectoffloLda.org. SP approved version 7-1-2019 5 Page 559 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2)AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at_https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager,who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, SP approved version 7-1-2019 6 Page 560 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies- Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its 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 information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's 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 the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse 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 Contractor'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. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department.The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. SP approved version 7-1-2019 7 Page 561 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will SP approved version 7-1-2019 8 Page 562 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions.Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers' Compensation Insurance. The Contractor shall maintain workers' compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers' compensation insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers' Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations,whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Not applicable. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits,judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any SP approved version 7-1-2019 9 Page 563 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification,the Customer may provide the Contractor(1)written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: 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 CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the SP approved version 7-1-2019 10 Page 564 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB 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 are not disclosed except as authorized by law for the duration of the Contract term and following the 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 shall meet 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. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website. 8.4 Intellectual Property. SP approved version 7-1-2019 11 Page 565 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. In connection with Contractor's professional services, deliverables are provided on a licensed basis, as set forth in Attachment A. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information SECTION 10. GRATUITIES, LOBBYING,AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer's or employee's decision, opinion, recommendation,vote, other exercise of discretion, or violation of a known legal duty, or(2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. SP approved version 7-1-2019 12 Page 566 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor's promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications,without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of SP approved version 7-1-2019 13 Page 567 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department's delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the Department Customer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or(2) if delay is not reasonably foreseeable,within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses)to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACTAUDITS. SP approved version 7-1-2019 14 Page 568 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors'data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida's Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor's employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four(24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within SP approved version 7-1-2019 15 Page 569 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld,within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; Q) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. ATTACHEMENT A Professional Services IP Terms This attachment provides terms regarding intellectual property rights when providing SP approved version 7-1-2019 16 Page 570 of 1269 DocuSign Envelope ID:7536DE17-C41C-408C-13425-77135D09C05AB professional services to Customer. Definitions: "Deliverables" means any reports, analyses, scrips, templates, software or other work products, tangible or intangible, to be delivered by Extreme to Customer as set forth in the SOW. "Intellectual Property Rights: means all worldwide intellectual property rights including copyrights, trademarks, service marks, trade secrets, know-how, inventions, patents, patent applications, moral rights and all other proprietary rights, whether registered or unregistered. "Party" means Contractor or Customer individually. 1. Grant of License Rights in the Deliverables. Contractor grants Customer a nonexclusive and nontransferable license to use the Deliverables specified in the Agreement (in object code if any software is provided) for Customer's own internal use. This license grant does not include the right to sublicense and is nontransferable. For Deliverables that are to be used with an Extreme subscription license and/or subscription service, the term of this license is revocable, and shall be for the same duration as the applicable subscription license/service (not perpetual) that Customer has purchased, and shall expire at the end of the subscription license/service. For Deliverables that are not intended for use with a subscription license or subscription service, this license is irrevocable (except in case of breach of the Agreement) and perpetual. 2. This license confers no title or ownership in the Deliverables and will not be construed as a sale of any rights in the Deliverable or the media on which it is recorded, printed, or otherwise provided/transmitted. All copyrights and other Intellectual Property Rights existing prior to the date of performing the Services shall belong to the Party that owned such rights immediately prior to the date of performance of Services. Neither Party shall gain by virtue of these terms any rights of ownership, patents, trade secrets, trademarks or any other Intellectual Property Rights owned by the other Party. Contractor shall own all copyright, patent, trade secrets, trademarks and other Intellectual Property Rights, title and interest in or pertaining to any techniques, know-how, software, inventions, processes, data, design, diagrams, documentation and all other information and materials created by Contractor in performing the Service hereunder. 3. This license does not apply to any other Contractor products or items licensed or otherwise provided, under a separate agreement. Notwithstanding anything herein to the contrary, open source software is licensed to the Customer under that open source software's own applicable license terms. SP approved version 7-1-2019 17 Page 571 of 1269 Complete list can be found at h 777777 �I Fulfillment Partner`Gc►mpany Name Rartner Address Partner City,State&Zip STEP CG LLC 407 VINE ST STE 210 CINCINNATI , OH 45202 Page 572 of 1269 ittps://www.naspovaIuepoi nt.org/portfol io/data-communications-2019-2026/extreme-i Diverse Busines$ Rar#icip46 ,States` Award Categ©ries.. State,ar'ticipa#ic►n {see section 1,11) Seruicin Sales POC,Narne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LA None 1.2 Networking, 1.3 Contact: SARA VOSS Routers, Switching, Security, 1.4 Wireless, II. Value- Added Services (Maintenance Services, Professional Services, Education and Training) Page 573 of 1269 networks/ 777 , � 77777 77777 Sales�mai1 '` Salles Ph©ne vuebsate Email: SVOSS@STEPCG.COM Phone: 513-795- https://www.stepcg.com/ 6000 Page 574 of 1269 ' 't t � ` 1 2 97003-30324 $360.00 6% $338.40 2 2 97003-520098 $1,515.00 6%-$1,424.10 3 1 97003-520140 $755.00 6% $709.70 4 1 97003-520142 $2,480.00 6% $2,331.20 5 1 97003-520144 $2,270.00 6% $2,133.80 6 1 97003-520153 $1,600.00 6% $1,504.00 7 1 97003-522173 $545.00 6% $512.30 8 36 97004-31012 $57.00 12% $50.16 9 6 97004-31028 $36.00 12% $31.68 10 2 97004-31055 $74.00 12% $65.12 11 99 97004-AP505i-FCC $72.00 12% $63.36 12 1 97004-H34013 $38.00 12% $33.44 13 23 97004-H34016 $69.00 12% $60.72 14 2 97004-H34020 $42.00 12% $36.96 15 22 97004-H34052 $191.00 12% $168.08 16 1 97004-H34066 $136.00 12% $119.68 17 31 97004-H34070 $136.00 12% $119.68 18 4 97004-H34078 $1,469.00 12% $1,292.72 19 1 97004-H34728 $1,431.00 12% $1,259.28 20 3 97007-H34128 $209.00 12% $183.92 21 3 97007-H34131 $456.00 12% $401.28 22 2 97007-H35313 1 $2,625.001 12%1 $2,310.00 Page 575 of 1269 � rrr 'N�me e � �sCxar�krt' Qitc4Co ' '' EW SOFTWARE SUB 30324 Software $676.80 $626.40 EW Software Subscription Software $ 2,848.20 $ 2,714.40 EW Software Subscription Software $709.70 $676.86 EW Software Subscription Software $ 2,331.20 $ 2,221.98 EW Software Subscription Software $ 2,133.80 $ 2,034.06 EW Software Subscription Software $ 1,504.00 $ 1,433.76 EW SOFTWARE SUB 522173 Software $512.30 $474.15 EW NBD AHR 31012 Hardware $ 1,805.76 $ 1,805.76 EW NBD AHR 31028 Hardware $ 190.08 $ 190.08 EW NBD AHR 31055 Hardware $ 130.24 $ 130.24 EW NBD AHR AP505i-FCC Hardware $6,272.64 $6,201.36 EW NBD AHR H34013 Hardware $ 33.44 $ 33.44 EW NBD AHR H34016 Hardware $ 1,396.56 $ 1,396.56 EW NBD AHR H34020 Hardware $ 73.92 $ 73.92 EW NBD AHR H34052 Hardware $3,697.76 $3,697.76 EW NBD AHR H34066 Hardware $ 119.68 $ 119.68 EW NBD AHR H34070 Hardware $3,710.08 $3,710.08 EW NBD AHR H34078 Hardware $5,170.88 $5,170.88 EW NBD AHR H34728 Hardware $ 1,259.28 $ 1,247.49 EW 4HR AHR H34128 Hardware $551.76 $551.76 EW 4HR AHR H34131 Hardware $ 1,203.84 $ 1,203.84 EW 4HR AHR H35313 lHardware $4,620.00 $4,567.50 Total $40,951.92 $40,281.96 Page 576 of 1269 Complete list can be found at https://www.naspovaluepoint.org/portfolio/data-communications-2019-2026) networks/1591373275_1588988694_Extreme Networks Price File June 2020.xlsx 97003-30324 $360.00 6% $338.40 EW SOFTWARE SUB 30324 1 $1,515.00 6% EW Software Subscription $1,424.10 2197003-S20098 $755.00 6% EW Software Subscription $709.70 3 97003-520140 $2,480.00 6% EW Software Subscription $2,331.20 4197003-S20142 5 97003-520144 $2,270.00 6% $2,133.80 EW Software Subscription 6 97003-520153 $1,600.00 6% $1,504.00 EW Software Subscription 7 97003-522173 $545.00 6% $512.30 EW SOFTWARE SUB 522173 8 97004-31012 $57.00 12% $50.16 EW NBD AHR 31012 9 97004-31028 $36.00 12% $31.68 EW NBD AHR 31028 10 97004-31055 $74.00 12% $65.12 EW NBD AHR 31055 11 97004-AP505i-FCC $72.00 12% $63.36 EW NBD AHR AP505i-FCC 12 97004-1-134013 $38.00 12% $33.44 EW NBD AHR H34013 13 97004-1-134016 $69.00 12% $60.72 EW NBD AHR H34016 14 97004-1-134020 $42.00 12% $36.96 EW NBD AHR H34020 15 97004-1-134052 $191.00 12% $168.08 EW NBD AHR H34052 16 97004-1-134066 $136.00 12% $119.68 EW NBD AHR H34066 17 97004-1-134070 $136.00 12% $119.68 EW NBD AHR H34070 18 97004-1-134078 $1,469.00 12% $1,292.72 EW NBD AHR H34078 19 97004-1-134728 $1,431.00 12% $1,259.28 EW NBD AHR H34728 20 97007-1-134128 $209.00 12% $183.92 EW 4HR AHR H34128 21197007-1-134131 $456.00 12% $401.28 EW 4HR AHR H34131 22197007-1-135313 $2,625.00 12%1 $2,310.00 EW 4HR AHR H35313 Page 577 of 1269 /extreme- r s Software Software Software Software Software Software Software Hardware Hardware Hardware Hardware Hardware Hardware Hardware Hardware Hardware Hardware Hardware Hardware Hardware Hardware Hardware Page 578 of 1269 6.B. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Proposed Resolution No. R20-114-Approve and authorize the Mayor to sign the First Amendment to the Coronavirus Relief Fund (CRF)Agreement(Resolution Number R20-076) between The City of Boynton Beach (Subrecipient) and The Florida Housing Finance Corporation ("Florida Housing"). Explanation of Request: Florida Housing is issuing a second disbursement of funds to the City in the amount of$191,314. As earmarked for the first disbursement, said funds are also required to be used for individual recovery assistance involving monthly rental and mortgage expenses, emergency home repairs, foreclosure and eviction prevention, and housing reentry and homeownership counseling programs. These funds are being made available through HUD's Coronavirus Relief Fund (CRF), which when combined with the first disbursement of$263,630 will now total $454,944. This amendment to the agreement is required for the second disbursement, as well as to reference the Florida Housing's technical bulletin that provides the rules and restrictions associated with this disbursement, and the ultimate deadline for completing the reporting and closeout steps. The technical bulletin would also include any updates and guidance that the Florida Housing office would receive from the United States Treasury. The City has until December 31st to spend both disbursements, and must show good progress in spending the first disbursement before the second disbursement is released. How will this affect city programs or services? NA Fiscal Impact: Non-budgeted NA Alternatives: NA Strategic Plan: Strategic Plan Application: NA Climate Action: No Climate Action Discussion: N/A Is this a grant? Page 579 of 1269 Grant Amount: ATTACHMENTS: Type Description Resolution approving and authorizing the First D Resolution Amendment to the Coronavirus Relief and Agreement D Agreement FIRSTAMENDIVIENT TO AGREEMENT Page 580 of 1269 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN THE FIRST AMENDMENT TO THE CORONAVIRUS 6 RELIEF FUND (CRF) SUBRECIPIENT FUNDING AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH (SUBRECIPIENT) 8 AND THE FLORIDA HOUSING FINANCE CORPORATION 9 (FLORIDA HOUSING); AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS,the City of Boynton Beach was awarded Coronavirus Relief Funds(CRF) 13 to be disbursed in up to two payments with the first totaling $263,000.00; and 14 WHEREAS, Florida Housing is issuing a second disbursement of funds to the City ion 15 the amount of $191,314.00 which, like the first disbursement, are required to be used for 16 individual recovery assistance involving monthly rental and mortgage expenses, emergency 17 home repairs, foreclosure and eviction prevention, and housing re-entry, and homeownership 18 counseling programs and activities; and 19 WHEREAS,the City has until December 33I st to spend both disbursements, and must 20 show good progress in spending the first disbursement before the second disbursement is 21 released; and 22 WHEREAS, the City Commission has determined that it is in the best interests of 23 the residents of the City to approve and authorize the Mayor to sign a First Amendment to the 24 Coronavirus Relief Fund (CRF) Subrecipient Funding Agreement between The CITY OF 25 BOYNTON BEACH ("Subrecipient") and the FLORIDA HOUSING FINANCE 26 CORPORATION ("Florida Housing") to govern the expenditure of the CRF funds and 27 subsequently disbursed CRF funds by Florida Housing. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 29 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Approve First Amendment To Coronavirus Relief Fund Subrecipient Agreement- Reso.Docx Page 581 of 1269 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission approves and authorizes the Mayor to sign a First 34 Amendment to the Coronavirus Relief Fund (CRF) Subrecipient Funding Agreement 35 between The CITY OF BOYNTON BEACH ("Subrecipient") and the FLORIDA HOUSING 36 FINANCE CORPORATION("Florida Housing")to govern the expenditure of the CRF funds 37 and subsequently disbursed CRF funds by Florida Housing. A copy of the First Amendment 38 to the Agreement is attached hereto as Exhibit"A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of October, 2020. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor— Steven B. Grant 46 47 Vice Mayor— Ty Penserga 48 49 Commissioner—Justin Katz 50 51 Commissioner—Woodrow L. Hay 52 53 Commissioner—Christina L. Romelus 54 55 56 VOTE 57 ATTEST: 58 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 (Corporate Seal) S:\CA\RESO\Agreements\Approve First Amendment To Coronavirus Relief Fund Subrecipient Agreement- Reso.Docx Page 582 of 1269 FIRST AMENDMENT TO AGREEMENT NUMBER 103-2020 THIS FIRST AMENDMENT ("Amendment") to AGREEMENT NUMBER 103- 2020 is entered into and effective as of October 1,2020, ("Effective Date")by and between FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public body corporate and politic ("Florida Housing"), and CITY OF BOYNTON BEACH ("Subrecipient"). RECITALS A. Florida Housing and Subrecipient entered into Contract Number 103-2020, dated August 18, 2020, ("Contract") wherein Subrecipient agreed to participate in the Coronavirus Relief Fund Program. As used herein, "Agreement" shall include within its meaning any modification or amendment to the Agreement. B. The term of the Contract began on August 18, 2020 and ends March 31, 2021. C. Section C.2. of the Agreement provides for a potential second disbursement of funds on or before October 1, 2020 for Subrecipients who meet the requirements of this Agreement and are satisfactorily performing. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained in the Contract and this Amendment, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. Effective Date; Recitals. Upon its execution by both parties,this Amendment shall be effective as of October 1, 2020. The above recitals are true and correct and form a part of this Amendment. B. Amendments. The Agreement is hereby amended to: 1. Add a definition for Technical Bulletin as a new Section B.11. 11. "Technical Bulletin" or"TB" means any technical assistance document that Florida Housing issues to explain updated processes, provisions or monitoring requirements as Florida Housing receives updates, clarification and additional guidance with respect to the CRF funds. 2. Delete Section C.1. in its entirety and replace with the following: 1. Amount of Funds Available to Subrecipient: The total funds made available to Subrecipient under this Agreement is up to $454,944.00. First Amendment 1 Agreement#103-2020 Page 583 of 1269 3. Delete Section C.2. in its entirety and replace with the following: 2. Disbursement of Funds to Eligible Subrecipients: The available funds will be disbursed to Subrecipient for activities described in Item CA., below. The Subrecipient received an initial allocation of $263,630.00 upon execution of the Agreement. Upon execution of the First Amendment, an additional $191,314.00 shall be provided to the Subrecipient. Any additional funds will be disbursed in an amount to be determined by Florida Housing. If Florida Housing determines that the Subrecipient has failed to make satisfactory progress in meeting the requirements of this Agreement or has otherwise failed to satisfactorily perform under the terms of this Agreement, subsequent funds may be withheld by Florida Housing pending resolution of the issues giving rise to the lack of progress or failure to perform satisfactory to Florida Housing which may include a written plan to address the issues prepared by the Subrecipient and submitted to Florida Housing for approval. 4. Add a new section C.10., to address Technical Bulletins: 10. TBs will be used to clarify, discuss, interpret, and provide guidance for contract administration issues related to this Agreement. TBs will be both e-mailed and posted at https://www.floridahousing.org/pro rg ams/special-programs/ship--- state-housing-initiatives partnership-program/ship-technical-bulletins, and Subrecipient is encouraged to regularly check for TBs. C. General Terms and Conditions. 1. This Amendment shall be construed and enforced according to the laws of the State of Florida and venue for any actions arising hereunder shall lie in Leon County, Florida. 2. This Amendment shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, successors and assigns. 3. This Amendment may be executed in counterpart originals,no one of which needs to contain the signatures of all parties hereto, but all of which together shall constitute one and the same instrument. 4. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law and are intended to be limited to the extent necessary so that they will not render this Amendment invalid, illegal, or unenforceable under any applicable law. If any term of this Amendment shall be held to be invalid, illegal or unenforceable, the validity of the other terms of this Amendment shall in no way be affected thereby. First Amendment 2 Agreement#103-2020 Page 584 of 1269 5. Except as specifically modified by this Amendment, the Contract shall remain in full force and effect, and all of the terms and provisions thereof are hereby ratified and confirmed. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK First Amendment 3 Agreement#103-2020 Page 585 of 1269 IN WITNESS WHEREOF, the Parties have executed this FIRST AMENDMENT to Agreement Number 103-2020,by a duly authorized representative, effective on October 1, 2020. CITY OF BOYNTON BEACH By: Name/Title: Date: FEIN: FLORIDA HOUSING FINANCE CORPORATION By: Name/Title: Date: First Amendment 4 Agreement 4103-2020 Page 586 of 1269 6.C. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve the Sara Sims Park record plat, subject to final signatures by the City Engineer. Explanation of Request: Approve the record plat that supports the development of the subdivided land in accordance with the Site Development plan titled "Sara Sims Park." The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer. How will this affect city programs or services? Platting this project will combine several individual lots and City right-of-ways into one unified, specific-purpose property. Fiscal Impact: None Alternatives: Maintain the status quo. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Attachment 1 - Sara Sims Park Plat Page 587 of 1269 a \ / - o cn S cci ti F-Q z p U wO W.dp W W 0wz0!: Ocpd W F-OJ 6> W C.}��F-U a - i Z �Od W a a SzF LU 0 L6 x F a ~O z a O Q 0LL 0 a m O w Jw �+ O Om zLU (D a m F 2 C S� >- O \ t.nC3F- p W f.p J C > m 4 0 H da = o d0wFL0 z 2 o Mwzd000 OWOW rr moo 0 1 m p W Q m �wCr(DdU< za ` —IM p L-0wa¢ p Ow W-W m O Y w L r z VOM: w0 - w m F-� z O z aaxn3�noalsaaovas - i ¢J O O LIJ Q dJd� t)wm F r wa-w< m(DLL oz S O N> w00owF_ °m w N =p~ F m Y U F- �C 0L'i mQ J J Z o Q Z < 0 z CL w w m F m 0 d W 0 � Of F- _ W 0, IL = dc)F- cn° w o OJi s = OF- pw _ _ ---- Z m 4 mlCD C.'3J0 d W 0 [i�. Z J Q G= a. d 0 0 0 E z , CU,?-1< nom W s`a d J W.W d d 0 J ui2L-�� zo J_ OWZF-W b' - = z 2E= w 0� z 0 U)0 0 W z _ O =d F Z zOU)O�F - d d 0 a m`zdm<a ~ ti L rl U- 2 CL wz y a 9 O0OJdccooF-� -� �� OO��0�U zLLF- OOZw =_ zx d F- 0 F-0 Zz a- v _ of d= d O-1 O w F s w0 Oa(} F- <U Jd0JL1.FJUJCL LL a Ca LL m W' = p - Fr W � .� I= }a0>. z 2 = t7QZZ W� Q f Z CL W p w WOFLcnm - o V5 6i - - z c rR r J a o _ Z b !v 0 NQ g � a i(L.411NJ� S I m w +6 R -� Z a i Q U L6 LL ~Q Z _._� (..__. i 0 LU "- 0 ' O Z(Y d'Fr Q o ti ce Lu -- a 0 W w M „rn x .,H Asx;, OUVA31non Isasov3S — - d Cn 0 £L'Ofti ----- ul <. LL Q CL i a O)d W W O o W S w't23 0S Q Q q` .LL LLJ i - O w 0 O p m W m �� W JQ�SQ � m o (9ma0r0- D �� W W 0 � t� wz,d00U S Q Z�p S i5 Y w U)O Q U o- LL m 0 0 Q O III m � aWdCL�� a Q w 0<t O a �' '� _ � � � �� w N 0:>:O w w LL OQW H O 4-ifll!0 NQIAdOd Y - ( Q SC!?>-LL a 0 W Of—�E' m z Z 39VPr AL., 3"q� O "' a,¢gao�o „trt�tt m.£af.oN ¢Ja. CLU Wm : Q LL:aw¢ U' W is ' � IL pz= 10 d0 y =o0FmY� - ,o I E- Cr,0 ME0w m i S t-O Z Lu J O 4 iL W W Q iQ � 1 _� 0 W =0 SaCO� thaw f�,a O Q O 0 Z m z -1 0 w F �+Y {� c3-iW ¢WQZ Q o O� _ �aa 000 -' w :E 0 0 M i-- J a- U—m <O S p r wLL m _ a �01ZF-O 4 w< s z z 0 C)0 0 w S t Z �oMMS - 7 +ss'aat � ' F � SVI— t - � 133U1S iSL'MY7 >- a W J m0"Z Q m d ii ioi,,� 9 Q Q CL W _ N 6'6Z t O�OJ ° ¢' t 00 h ` a z p Z a 0 Z O JOiy0F-0 Ors i-W �00(7w w CL�—O Q Q Z Z d O O w W O UCLUf— w i O(3 "W l--- Z I M I H=QCL' 4-WJtl] Q -A0 w m w S S =Q �z 133x18 oNt MN ._ CL 0 Z F9'8Yt ,M,£6,f£.tON LIJ mLL 01)0¢LL C=3C<n I j� w-- �i�m,Ane I \y 3,tt,Lb.tOS �u , 1 6.D. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the months of August and September 2020. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $35,000 bid threshold for personal property, commodities, and services, or $100,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for March 2020: Purchase Vendor Amount Order# 201377 XGD SYSTEMS $34,800.00 201379 HECTOR TURF $32,075.12 201380 ABM BUILDING SOLUTIONS LLC $23,350.00 201385 BROADCAST SYSTEMS $21,778.11 201386 MARTIN FENCE CO $21,989.22 201395 AXON ENTERPRISE INC $13,581.00 201408 CENTERLINE DRILLING INC $16,850.00 201409 AABCO STORM SHUTTER MFJ INC $22,359.00 201424 FL TECHNICAL CONSULTANTS $24,520.00 201447 STEP CG, LLC. $14,831.63 201463 SOURCE INC $10,185.84 201504 ALEXIS KNIGHT ARCHITECT, INC $14,465.00 201486 MUNICIPAL EMERGENCY SERVICES $17,243.00 201470 ATLANTIC SOUTHERN PAVING $25,066.00 201467 CORAL SPRINGS REGIONAL INSTITUTE $11,512.00 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. Page 590 of 1269 Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Attachment Attachment Page 591 of 1269 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER$10,000 FOR AUGUST/SEPTEMBER 2020 1. Vendor: XGD SYSTEMS Purchase Amount: $34,800.00 Requesting Department: Golf Course Contact Person: Tommi Ylijoki Date: 8/6/2020 Brief Description of Purchase: Over the years due to a combination of mowing,golfer traffic and natural erosion,golf tee boxes require rebuilding. Tee leveling and resodding is needed to correct the worst of these tees. Source for Purchase: 3 Quotes Fund Source: 302-4501-572.63-01 Project#GF2005 2. Vendor: HECTOR TURF Purchase Amount: $32,075.12 Requesting Department: Golf Course Contact Person: Tommi Ylijoki Date: 8/6/2020 Brief Description of Purchase: The Golf course needs an additional spray rig to increas efficiency and to make it easier to separate spraying agents for greens vs fairways and roughs Source for Purchase: 3 Quotes Fund Source: 302-4501-572.64-02 Proi#GF200 411-2911-572.49-17 3. Vendor: ABM BUILDING SOLUTIONS Purchase Amount: $23,350.00 Requesting Department: Public Works Contact Person: Andrew Mack Date: 8/6/2020 Brief Description of Purchase: Town Square/City Facilities Maintenance Services for August and September 2020 Source for Purchase: RFQ#009-2511-201RW Fund Source: 001-2511-519.49-17 4. Vendor: BROADCAST SYSTEMS Purchase Amount: $21,778.11 Requesting Department: Police Contact Person: Chief Gregory Date: 8/7/2020 Brief Description of Purchase: Installation of 12 monitor video wall for Real Time Crime Center along with hardware,interconnecting Source for Purchase: GSA CONTRACT#GS-07F-i73GA Fund Source: 303-4119-580.64-14 Project#-IT2011 5. Vendor: MARTIN FENCE CO. Purchase Amount: $21,989.22 Requesting Department: Public Works Contact Person: Andrew Mack Date: 8/7/2020 Brief Description of Purchase: 8'Chain Link fence for Hibiscus Park Project. Fencing on two sides of basketball courts and 4'decorative aluminum fence for the front of the park around the playground area. Source for Purchase: 001-2511-20-EM-1 Fund Source: 3034226-572.63-05 Pro' RP2039 Page 1 Page 592 of 1269 6. Vendor: AXON ENTERPRISE Purchase Amount: $13,581.00 Requesting Department: Police Contact Person: Chief Gregory Date: 8/11/2020 Brief Description of Purchase: Outfitting of 3 police vehicles with an in-car camera system that automatically links to the officers'current body camera to provide enhanced viewing,evidence and capability during investigations. Source for Purchase: Sole-Source Fund Source: 001-1110-521.64-15 7 Vendor: CENTERLINE DRILLING, INC. Purchase Amount: $16,850.00 Requesting Department: Public Works Contact Person: Andrew Mack Date: 8/13/2020 Brief Description of Purchase: Install well for irrigation at new police building. Source for Purchase: Piggy Back City of Coral Springs Cont#1 6-B-062 F Fund Source: 303-1214-580.62-01 Project#-TSKID --- 8. Vendor: AABCO STORM SHUTTER MFJ, INC Purchase Amount: $22,359.00 Requesting Department: Public Works Contact Person: Andrew Mack Date: 8/13/2020 Brief Description of Purchase: Furnish and install 14 Code Accordian Shutters at Intracoastal Park Source for Purchase: 3 Quotes Fund Source: 303-4223-572.62-01 Pro'#RP2026 9 Vendor: FL TECHNICAL CONSULTANTS, LLC Purchase Amount: $24,520.00 Requesting Department: Utilities Contact Person: Joe Patemiti Date: 8/19/2020 Brief Description of Purchase: Develop and Update Mobile Applications to support utility acquisition projects for Perry Village,Tropical Isles, Hypolux Royal Manor and other neighborhoods. Also includes training for staff on utilization of the system. Source for Purchase: RFQ-007-2821-20/TP Fund Source: 403-5000-536.31-90 Proi#US1701 10 Vendor: STEP CG,LLC. Purchase Amount: $14,831.63 Requesting Department: ITS Contact Person: John McNally Date: 8/24/2020 Brief Description of Purchase: Ethernet and Routing Switch for City Hall Source for Purchase: State Contract#43220000-Naspo-19-ACS Fund Source: 001-1214-512.64-15 11 Vendor: SOURCE INC Purchase Amount: $10,185.84 Requesting Department: ITS Contact Person: John McNally Date: 8/27/2020 Brief Description of Purchase: Cradlepoint Wifi and Hardware for Sara Sims Park Source for Purchase: State Contract#43220000-Naspo-19-ACS Fund Source: 303-4218-572.64-15 Proj#RP2038 Page 2 Page 593 of 1269 12. Vendor: ALEXIS KNIGHT ARCHITECT INC Purchase Amount: $14,465.00 Requesting Department: Public Works Contact Person: Andrew Mack Date: 9/23/2020 Brief Description of Purchase: Conceptual Design for Redevelopment of Palmetto Park,eliminating vehicle access from NE 13th Ave and creating a new tee turnaround or round-about. i Source for Purchase: 046-2821-17fFP Fund Source: 3034232-572.63.05 Proj#RP2044 13 Vendor: MUNICIPAL EMERGENCY SERVICE Purchase Amount: $17,243.00 Requesting Department: Fire Contact Person: Chief Ray Carter Date: 9/15/2020 Brief Description of Purchase: Premier Membership and Maintenance Fee for EMS Software Source for Purchase: Piggy Back Lake County FL Contr#17-0606G Fund Source: 001-2210-522.54-20 14 Vendor: ATLANTIC SOUTHERN AND PAVING Purchase Amount: $25,066.00 Requesting Department: Public Works Contact Person: Andrew Mack Date: 9/3/2020 Brief Description of Purchase: Casa Costa Concrete Modifications,concrete apron,ramps asphalt repair and striping Source for Purchase: Contrat#10251218 Fund Source: 303-4103-580.63-15 801 15 Vendor: CORAL SPRINGS REGIONAL INSTITUTE Purchase Amount: $10,185.84 Requesting Department; Human Resources Contact Person: Julie Oldbury Date: 9/1/2020 Brief Description of Purchase: Promotional vacancies for the Fire Lieutenant's wrtten and practical exams to be conducted September 2020 pursuant to IAFF Collective Bargaining Agreement Article 29. Source for Purchase: 3 Quotes Fund Source: 001-2210-522.49-17 Page 3 Page 594 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P,O. #: 201377 BOYNTON BEACH, ,gFOLORIDA 33425-0310 DATE: 08/06/20 VENDOR 18239 SHIP TO: TO: XGD SYSTEMS, LLC City of Boynton Beach 415 NW FLAGER AVE THE LINKS AT BOYNTON BCH UNIT 302 8020 JOG ROAD STUART, FL 34994 BOYNTON BEACH, FL 33437 REQUISITION NO. 76829 ORDERING DEPARTMENT: GOLF COURSE/SFR ® '' DATE NEEDED: x CONTRACT NO. COMMISSION APPROVED: R EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 40000 . 00 SFT STRIP TURF, ROTOTILL, LASER . 8700 34800 . 00 LEVEL, INSTALL SOD REMARKS. LEVELING AND RESODDING OF 10-12 GOLF COURSE TEES let PROCUREMENT SERVICES P.O. TOTAL: 34800 . 00 . = ., ACCOUNT NO. PROJECT 302-4501-572 .63-01 GF2005 PURCHASING Page 595 of 1269 O p 1 N N d I U U2 corl I a U I N M W I g $4 H \ \ e >F. V I I W U a 00 C3 H ' �i wm I I U W i M M CI F�7F2 i °w 1 H 1 W I� I CtlWm e f °�w efl Lfl 1 �. a 1 1 HQ®} I W 1^O A o i �°Wa2 a Le ' U2 M 1 ° I glq .7 a I ! $ e I izi�A a M �� I _ W I r QI° 1 I M Pb d+ e H�sN I N W 1 b O 1 OQLA 1"I H } O GO ®9 [} d p r I Q 1 21 U W ! W 1 1 ~ C.2 CL ri.a e rn m O ►a 8 P P 1 dSl r♦ � a•i rn I I� OQ o O o .,{ N I �-I O la p I r1 O O 6 f i4s N CB2 ! ® M ! H EB O C;O I H 000 fr ' M D mEnn p I � d to i a H4 Pga W i U2 I C�71 (es�7 6n i Or-1 ]° M [Yi8 p ° G GII p ° a F O:WC7 H d II 1 I 1-4GlC7 dk f o Awa ; H U C}W C 1 E+ µ I �N i IA 1 LFGG C.l W I e Cf2 I Z H W a W e P U2 p I ° U2 O wm ca i °C7 w to 0 cowPC7 w H 1 Fal i a U7 54 I E > 1 1 Hwz Ix wr 0 rEq 0 ' EM I � d af4 CA d Y12 fX°e I a FZ(E-C 9 Wf3o ° rA �u `\ 1 U2 w 1 f.h.�1�E-1 U d lil F�U2 1 MCJ 1 F�FN�� I 1 F-i 14 1 0 0 I H U K4 1 r-F b 1 � N ® Z 1 I h 0 44 kE `�� 1 rn ® H H I 5H 0 aI E ul p 6 H d VN Ha i WEjU] Uo H' d U7 1 NG C�.9U2 j U2 H a 1 ri I I a I Page 596 of 1269 IgoCDITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10�000 Date: 7/29/2020 Requesting Department: Golf Course Contact Person: Tommi Ylijoki Explanation for Purchase: Over the years due to a combination of mowing, golfer traffic and natural erosion, golf tee boxes require rebuilding. Tee leveling and resodding is needed to correct the worst of these tees. lReco rnmended Vendor XGD Systems LLC Dollar Amount of Purchase $34,800 Source for Purchase (check and attach backup materials): Three Written Quotations ED GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. .......... ........... ... .. Fund Source for Purchase: 302 C.I.P. General Fund - — -— —----------------- -Approvals: Department Head Date 20 Purchasing Agent Date Asst City ManagerDate ..... ...... City Manager Date Form Revised 02101/02 Page 597 of 1269 X%-yD SYSTEMS LLC 415 NW Flagler Ave.,Unit 302,Stuart,Fl.34994 Tel:772-286-3419 Fax:772-286-2855 d. ems Proposal PROPOSALFOR: Links at Boynton Beach, Boynton each, FL Attention: Glenn Landgraf, GCS email: landgrafg@bbfl.us FROM: XGD Systems LLC d/b/a TDI Golf Attention: Craig Mortimore, Estimator email: cmortimore @xgd.systems RE- Tee Renovations for 2020 DATE: Jul 1 20201 Revised July 29, 2020 Tee Renovat:Ions Work. Renovate 10 to 12 tees @ 40,000 sf, as follows: • Strip turf from tee surface (2" depth), and dispose nearby (40,000 sQ. • Rototill tee surface (40,000 so. • Laser grade and prepare tee surface for grassing (40,000 so. • Supply and install Celebration Bermuda sod on tee surfaces (40,000 so. Tee Renovations - ed'SI'M Tee Renovations—40,000 sf x$0.87 per square foot = $34,800.00 Page 1 of 1 XG D ECOBLUE Page 598 of 1269 Detailed Sports Turf Construction, Inc. 9142 SE Pomona Street-Hobe Sound, Florida 33455 Office:772.546.8013-Fax:772.546.6207-Email:DSTsportsturf@aol.com www.DSTsportsturf.cam Revised Boynton Beach Municipal Golf Course 7/28/2020 Submitted to:Glenn Landgraf 8020 Jog Road Boynton Beach, Florida Tee Renova_tions *Cut and remove sod from tee surfaces *Haul to designated area on-site *Rototill tee surface *Laser level tee surface *Grass tee surfaces per option option I- Sod tee surface with w/Certified Celebration Bermuda pallets Cost of Renovation 40,000 sqft @ $ 1.30 per sqft= $52,000.00 DrivmgRange Tee'Practice Mat Addition Bulk Head.Haul old materials OFF-SITE.Install new bulk head along back of driving range tee W51f long by 4' high)Back fill bulk head w/on-site soil.Shape&tie into Tee, sod with certified Celebration(7,000 sqft)Grade area.Form and pour new concrete Pad 130 If L x 8 If Wx 4 inD Bulk Head Work 135 sf @ $170-00 per LF= $22,950.00 Concrete Pad 4"Depth 1040 sf @ $i&oo per LF= $18,720.00 Sod perimeter of work area 7000 sf @ $1.30 per LF= 09,100.00 Cost of Driving Range Tee Area $50,770.00 If Necessary-Purchase&Install of D.O.T Clean mix Per Load $ goo per Id. $900.00 Additional materials +/-will be billed at unit cost. Pricing good for 3o days Submitted By: Jaimi S.Clark Date: 7/28/2020 Members:GCSAA-FrGA-STMA-FGCSA-PBGCSA-TCGSA Licensed,bonded,&insured Established in 19go Page 599 of 1269 M Mulfinp Engineering Suvices,Lanscaping Div.Inc 9370 87th Place South Boynton Beach,FL 33472 US (954)583-2441 mullingseng@hotmail.com Estimate/ Proposal ADDRESS SHIP TO ESMAW 1887 City of Boynton Beach City of Boynton Beach PROPOSAL# Accounts Payable The Links at Boynton Beach DATE 07/24/2020 100 E.Blvd. Golf Boynton Beach, 8020 Jog Rd, Boynton Beach,FL 33435 Boynton Beach,FL 33472 ACTIVITY ()Tv RATE AMOUNT Sod Remo val 40,000 0.65 26,000,00 1.Remove existing sod 2.Light tilling to mix in soil,then rough grade. 3.'Transport debris to onsite location. Laser Level 40,000 0.20 8,000.00 Laser Leveling of area to be sodded. Terms of Work is per,Sod&Sod Installation Term Contract City of Boynton Beach.S.E.Florida Governmental Cooperative Group#rrB 066-2730-16/JMA. Contract Period:October 1,2019 through September 30,2020 Certified Bermuda Celebration hwfiffled Coop 40,000 0.48 19,200.00 Furnish,deliver and install 40,000 SF of Certified Bermuda Celebration. Quote request as per telephone conversation with Glen(561-702-2850) __eeesae-__e_e_eeee_ee_.e___eeeese_e___ee_e__ee_e__e_e_eeea___ae___ ------------------------------------------------------- ---------------- We look forward to working with you TOTAL 9 200.00 Accepted By Accepted Date Page 600 of 1269 4 NEWIMODIFIED CAPITAL PROJECT STATEMENT OF NEED FORM Date Prepared: 7/17/2020 Submitted By: Tommi Yliioki Project Modification Division Director: Tommi Yliioki.Golf Course Manager _ New Project PROPO SED CT Tee box leveling and renovation ..., ,.....� STATEMENT OF NEED/JUSTIFICATION: The tee boxes on both the Championship and Family courses are original,with many having original turf from 1984. This would help eliminate encroachment of different grasses onto the tee boxes, create a level surface, giving the player better playing conditions. CT SCOPE/ ESC I : Kill the existing sod on tees. Strip,float laser-level and re-turf the greens with Celebration Bermuda grass. T / C EL /P OS T T RTES: August or September 2020 ELA I ACTS/OT ISSUES NOT ST TED A USTE : Re-sodding tee boxes would help the golf course improve conditions and increase revenue,and would increase revenue going forward. Fde TC Fron D COST: $34,999 ent of Facilities uipentignn of Facilities(Modification) $35,000 Service to Public x Contracted/Professional Services $ ry or Commission Mandate Art E1®/®®f Constr.>$250K} ast $ Revenue xEnviro entalty Equipmen formation Tech. eat &Safe � � Security/Fire Control Operating Budget Impact A Compliance $ .� Expected Savin /Revenues $ E� (CIP S ;PROce/Reserves $ JEC P O $High(Critical-tied to mandates or safety] t"Medium xs $ „``{Maintain level of service,savings) x Fund 303Low(Moderate benefit) { } $fere(CIP Adiustment" $35,000 Please submit to Anthony Davidson—davhbpna bb .us 1 of 1 Page 601 of 1269 Client#:$381 XGDSYS MDN ACORD. CERTIFICATE OF LIABILITY INSURANCE :._..)]ATE(MM$10312020 YM 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. F- IM—PORikht-Ifthecii fic"ite holderisan—ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to i I 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). PRODUCER ......................................... ZERVOS GROUP,INC. PHONE 1�*qa 248 355-4411 248 355-2175 _0%,K ................ 24724 Farmbrook E-MAIL •ADDREM: P.O. Box 2067 INSURER S)AFFORDING COVERAGE i NAIL Southfield, MI 48037-2067 't- I — INSURER A:V.91.y Forge 1-u—Company ]_, -,---..... .............. _ "' ,I INSURED INSURER B:C.ntinw.1 1-U—M CO XGD SYSTEMS, LLC —---_- ----------------------------------------- ENSURER C.C-u---1---"1 415 NW Flagler Ave. 1----——-- ----------------------- --------- ----- --------- - -.. INSURER D: Suite 302 ......— -------- : Stuart,FL 34994 INSURER E ............................. INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 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 CONTRACTOR 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 EFF POLICYEXP R TYPE OF INSURANCE .......... POLICY NUMBER J MOM61LDCY LIM" ................. MOM B Xj COMMERCIAL GENERAL LIABILITY X r X 6046384824 313112020E 03/31/2021 EACH OCCURRENCE 1$1,000,000 D CLAIMS-MADE F_X1 OCCUR PREMISS 1$100000 .......................... X Contractual MED EXP(Any one person) 1$15,000 X1 X,C&U 1PERSONAL& OVINJURY 1$1,000,000 GtN'L AGGREGATE LIMIT APPLIES PER: 'GENERAL AGGREGATE 42,000,000 POLICY 7 JTCOT IrX]I LOCPRODUCTS-COMPIOP AGG $2,000,,000 ................................ OTHER: ............. ......................................... COMBINED SINGLr=LIMIT T___ A AUTOMOBILE LIABILITY X X 14034991272 3/31/2020'03/3112021111F O,q",000 ........................... 4 ANYAUTO BODILY INJURY(Per person) $ .......................... ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ..............................................- AUTOS NON-OWNED PROPERTY DAMAGE $ X HIREDAUTOS X AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE _1$ I EXCESS LIAB CLAIMS-MADE AGGREGATE !$ ... ------------- -------- ........................ DED RErEr4TiON$ !$ ____——------------------------ ... ..................................... G WORKERS COMPENSATION PER OTH-� AND EMPLOYERS'LIABILITY I X 14034991286 03/3112020 03/31/2021!,;K ANY PROPRIE'rOR(PARTNERIEXECtJTIVEYIN FY] E.L.EACH ACCIDENT $11 000,000 OFFICERtMEMBER EXCLUDED? ............ (Mandatory In NH) SE�kSg-EA EMPLOYEE!$1,000,000 ........................ ........ Ifyes,describe under '41T DESCRIPTION E�L.DISEASE-POLICY LR 000 ..........------ _EAS , 1-1-11, B I ShortTerm Leased 1 6046384824 3/31/2020 03/31/2021 $495,000 Limit Rented Equipment 1 $1,000 Deductible Scheduled_f_gu Limit shown below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 1101,AddItIOnall Remarks Schedule,may be attached If more space Is required) re:Work performed at The Links at Boynton Beach Golf Course,8020 Jog Rd,Boynton Beach,FL 33472 Certificate Holder is an additional insured as respects General Liability when required by written contract subject to the terms,conditions and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boynton Beach,Florida THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E Ocean Ave ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE a, iD 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of I The ACORD name and logo are registered marks of ACORD #5458985IM444821 AJP Page 602 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 201379 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/06/20 VENDOR 1408 SHIP TO: TO: HECTOR TURF City of Boynton Beach TESCO SOUTH INC. THE LINKS AT BOYNTON BCH 1301 N.W. THIRD STREET 8020 JOG ROAD DEERFIELD BEACH, FL 33442-1648 BOYNTON BEACH, FL 33437 REQUISITION NO. ORDERING DEPARTMENT: • . DATE NEEDED: CONTRACT NO• � COMMISSION APPROVED. � EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1 . 00 EA TORO MULTI PRO 1750 27149 .3600 27149.36 2 11 . 00 EA BROWN 0 . 50 GPM NOZZLE @ 40 PSI 14 . 7200 161. 92 3 11 . 00 EA CAP AND GASKET FOR SYSTEMIC 4 . 0400 44 .44 NOZZLES 4 1 . 00 EA UNIVERSAL SUNSHADE., RED 644 .2800 644 .28 5 1 . 00 DL TORO MULTI PRO 1750 4075 . 1200 4075 . 12 REMARKS : ADDITIONAL SPRAY RIG NEEDED QUOTE #$ Q51052-1 TORO PRICING PER SOURCEWELL NATIONAL PROGRAM CONTRACT ##0 6 2117-'CTC PROCUREMENT SERVICES: P.O. TOTAL: 32075 . 12 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 603 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 201379 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/06/20 VENDOR 1408 SHIP TO: TO: HECTOR TURF City of Boynton Beach TESCO SOUTH INC. THE LINKS AT BOYNTON BCH 1301 N.W. THIRD STREET 8020 JOG ROAD DEERFIELD -BEACH, FL 33442-1648 BOYNTON BEACH, FL 33437 .................... REQUISITION NO, ORDERING DEPARTMENT: DATE NEEDED: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PAGE TO THE VENDOR* ---------------------------------------------------------------------- P,EQ/ACCT DATE. REQ. BY PROJECT AMOUNT ---------------------------------------------------------------------- 0000076842 07/30/20 GOLF COURSE/SFR GF2006 28000 . 00 30245015726402 . 0000076842 07/30/20 GOLF COURSE/SFR 4075 . 12 41129115724917 ------------------------------------------------------------------------- .......... PROCUREMENT SERVICES: P.O. TOTAL: .. ................................ ACCOUNT NO , PROJECT PURCHASING Page 604 of 1269 N N I 9 I \ \ I 1 I M M I 1 I n m 1 e 1 1 1 1 617 N �' Q8 N N I I 1 M tR W N ri rq +.y_ E I 1 H 1 Oat H vr u-I to t-e 1 I co I W w dl q4 t- C^ H rI 4p O O - O N m I 1 I }y 1 I CTI I W I 1 W H i a WCq � Q_ GSI a I I E WR EiX� N 1 I I p+ e J I tZ�W I t I I 1 amm I � Q q4 n g' I Q tivv ei. 1 B HLDL, 1 1 14 I 6 O O O O O O O O U P M 8V �I CV Y-I ri 1 I e. • r -uWl+ EA U> I a1 r3 d+ Ifs to I I O O O 0 O W 1 ri r! 1p O O I t 0 h d N w 0 0 0 €a U 1 7 1 � k S4 W H H 1 o C o o O •• 000 It4 �j :5 0 :1 U LL N Hai I o O O O ® o 0 o I Aa Ar pe pa 1:0 A d 1 m N v m C4 Z N g o I O W W E U I M O CV Iq E 0 rl o o I C.Tl CTP 0 tp w Q1 . 0 H . . . 1 H -A .,.1 -H •.i W n 14 a 1 0i �. de m E E IIINV I �i Pa 114 � 1� O WI 1 IV ri h HN v`D t E ® U i h dv Q Frt N(q m 1 Pf3 iii b a H i N E GCX mrtm i R' 114 04 P4 m ae H W 1 � th C4 1'A H Q0 1 CIi % 1 a Qa d 10 fJcp co 0 w q [�OwOwowOw Z 1 1}i EOr-IOraOrlOri y `05 1 1 W 1 ®MUM N N� t7 1 O O ® O O I ww CSW W W WC7 H 1340 0 0 0 N Ami � H � ri ri ri ri r-1 i i H U U] rc O 0 H {�H HH CY P-1 i 1-4 E 1 1 Q H rA 1 *D O w z z z V] E' pl E'1 p.® CJ] i 1 H 11 Ol 0 C4 1 t H H H H Cfl W t) 1 I q p bE E4E14 r� .7 OI wwwUrN15, W4 W0.! W w + N a a 0� U H H f H H OM W W ZW W W i WaW W WP4 ra 0 Q f pq uwU UWGY U U i UU \ Y b H Him-i H HHxWNW �'z WZ Z Z U U U UZxx W AWE MH DQ H W C7C7C3 CW700 U U 1-4 W O M LQH W H% O H W I , W W O O W C7 CQ7 Mia Z I [� a X4N EN U5 0.e C7 0< 1 ti9 4L7 IA tl° rtil Z a � N m i m vi m 1 N N CV N N p. h n n n n w0 Z I •• •• •• •• (j1•• •• to .. — •. .. I Cll lI1 0 m 4 H 0 I H>4 q Or-q A FIM A }}�A H yl Q I H ri r-! r I ri Z H H I EE1+0 '0 HO 0 0 0 O €-+EO o O O O rt (7 H 1 H H 2, H 4"m as H Z 1 Ill t[1 IfI LfY at H w 1 :A oq A6 WA RAM D al de N E 0 H 1 X00 [}Q OQ IXOO 00 Z}N N N N H H 4 1 L U U U/ W U U I U 4 O O O r-f V2 U 1 Op Rl "� m p�r'..-ya/Cµ1�7�-�I� w W O b� I A°e M frl M M C]e E Wq i EE3m �U3m Um Um pUM 0! NH 1 i W H W t Z p� P rH N ['t dl IYi I Z ri N M tll ui m H I H 7 1 t r7 Page 605 of 1269 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10�000 Date: Requesting Department: Golf Course Contact Person: Tommi Ylijoki Explanation for Purchase: The golf course needs an additional spray rig to increase efficiency and to make it easier to separate spraying agents for greens vs fairways and roughs Recommended Vendor Hector Turf 11 Dollar Amount of Purchase $32,075.12 Source for Purchase (check and attach backup materials): Three Written Quotations JC GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 302 C.LP General Fund provals: Department Head` Date Purchasing Agent U Date Asst City Manager Date City Manager0 Date A Form Revised 02/01/02 Page 606 of 1269 a J3yhf}��t�l�l �W � � , �� F 1301 NW 3rd Street 1T12 Deerfield Beach,FL 33447 Quotation Tel 954-429-3200 Fax 954-725-6701 Sold To: ate: 07/20/20 The Links at Boynton Beach Quote 4 Q51052-1 Attn: Mr, Glen Landgraf Terms NET30 Golf Course Superintendent 8020 Jog Road Boynton Beach,FL 33472 Via E-mail: tapperr@bbsl.us The Links at Boynton Beach Qty. Model Description sugg Price Unit Price Extension 1 41188 Toro Multi Pro 1750 $39,929.00 $ 31,224.48 $ 31;224.48 u uu 11 i 95-9223 Brown 0.50m nozzle °' 40 PSI $18.82 $ 14.72 $ 161.89 3 0,50 11 95-9186 Cap and Gasket for Systeimc Nozzles $5.16 $ 4.04 $ 44.39 I 30671 �Universal Sunshade,Red $824.00 $ 644.37 $ 644.37 Total Amount For t11 Toro MultiPro 1750 32,075.121 Toro Pricing per Sourcewell National Program Contract#062117-TTC Terms: All prices quoted FOB Deerfield Beach unless otherwise indicated. The preceding pricing is valid for 30 Days. Prices and incentives based upon complete package purchase. Prices include assembly where applicable and accessability to parts and service manuals. Timing of delivery may vary and is subject to manufactures availability. Purchaser is responsible for applicable taxes and duties. No credit card payments on equipment purchases. Quotation Provided By: HECTOR TURF Thomas B DeYoung Senior Sales Representative Commercial Products Serving South 11orida for Over 100 Years Page 607 of 1269 Multi Pro* 1750 Specifications' ®r IIOMMM ENGINE Kohler;CH740 Command Series,twin-cylinder,air-cooled,4 cycle,25 It 110.6 kW}grass. .._....... ....._._......... TRACTION SYSTEM Kanzaki I Tuff Tnrq 3-speed(forward).1-speed(reverse),mechanical transaxle with differential lock. _...... ........._._. ®........ GROUND SPEEDS Forward:0-11.5 mph IO-18.5 kph). Reverse:0 2 5 mph(0-4 kph). TIRES Front: Kenda K404 smooth(treat less);20x1C-10. Rear:Kenda turf tread; 2413-12. BRAKES° Four wheel hydraulic disc,2-piston calipers; Front 75 (19 cm)diameter rotor Rear:9.5"(24 con)diameter rotor. MAIN FRAME High-strength,formed steel rear frame channels welded to steel tubular crossmembers and upperRower steel tubular structure REPS standard. SUSPENSION l Front suspension-Dnuhle A-Arm with coil over shock;Rear suspension-rigid;rubber tires. STEERING Fully hydraulic.steering wheel turns,lock to lock:3.5 _ ___ _-_ __........_...__.__. . -.. ..... _ _......._„ GAUGESIINDICATORS Multi-function display(InfnCenter'"),analog pressure gauge,mechanical fuel gauge. VEHICLE CONTROLS Ignition key switch,choke headlight switch,optional wireless hour meter,speed lock. SEAT Single,high back cushion seat standard with manual position adjustment wlseal belts. _ ._...__.... ... ,,. WEIGHT 2200 lbs.(997.9 kg)shipping weight m__... ...................... .................. _ DIMENSIONS Measurements with spray system: length-140"13.55 ml(wlboems folded in crad[es) Width=70"(1.77 m)(wlbeems folded in cradles) Height-97"(2.4 m)fwlboems folded in cradles) m....._. __.__ - _.. ....... WARRANTY Two-year limited warranty.Refer to eperator's manual for further details. of ii ill I1 -_. _. _. . SOLUTION TANK Elliptical,high-density,impact-resistant polyethylene with large 16"(41 cm)fill well opening;tapered bottom and sump with drain. _.._. _ ......._. _............._ TED CAPACITY;1 175 gallons 1662.4 liters) l ..... ._. .._........._ ....._____M........._m_____.......m._.._ ......__.:,,... . SPRAY PUMP, Hard 36415.5,6-d iaphrag ro positive displacement w1l"(2.5 cm)input shaft;input speed 300-660 rpm,Flow rate of 45 gpm(170.3 Imp}@ 40 psi(060 rpm). _.....__. ---------- AGITATOR ------... ......................._ ._ AGITATOR I Three,side-mounted jet agitation nozztes for full tank agitation. CONTROLS I Spray pump control switch,agitator jet switch,rate switch,individual boom onfoff switches,boom actuator switches,indicator lights on pump,agitation and boom switches,throttle lock,app rate lock-out. reei f' rff ` fr`I BOOM ASSEMBLY j 18.5'(5.6 m)three-section,triangular truss-style open booms,expandable to 2U.5'(6.3 m)with optional kit. BOOM ACTUATORS I Heavy-duty hydraulic lift actuators with nitro-steel plated shafts, 1-314"(4.4 cm)Bore x 10.06"125.6 cm}stroke _�__--. ..._..-._ _.._. _.__._._....._......._- __ ........ SPRAY NOZZLES,Eleven nozzle turrets,trip[?turret-mount quick-disconnect with diaphragm check valves.Twelve nozzle turrets with optional kit. 111 r IN I o-rl I a I` CLEANLOAQ"EDUCTOR This on-hoard mixing station allows rapid and safe leading of any chemical without the need to first mix into a slurry.incorporates a built-in bottle wash nozzle and has an optional suction lance to putt in liquid products from their container.Stores within the width of the spray vehicle. �..-_.._. ._.._. ...... _..... FRESH WATER RINSE KIT Simplifies and automates triple-rinse process,saving hours and hours of clean-up time. ELECTRIC HOSE REEL 150'(45.7 m)of 0.5 (13 mm)hose for hand or walk spraying applications.Convenient electric powered rewind.Spray gun has an adjustable nozzle ircm stream to fan. _ ..._..._.. _.._.._.......... ........ ,. ._ ..... _�....._ ... ............... ... ...... ...... ... �.«. PRO FOAM"MARKING KIT Foam dollops ensure accurate parallel path tracking.Select foam far either boom or both. PRO FOAM�1 gallon(3.8 L)bottle of Pro Foam Concentrate. . ..F.F. ............. ULTRA SONIC BOOM'"KIT Sonar sensors automatically maintain proper spray height over undulating turf. ....... ...... _.___. .._ .........._-------- -- COVERED BOOM KIT I Extends 12"(30.5 cm)below the boom to minimize chemical drift in breezy conditions while retaining full boom system iunciionality. .. ........___...... .......... .. _....._. UNIVERSAL SUNSHADE! With optional electric fan HAND SPRAY WAND KIT Spray manuaky using handheld device for precision and accuracy. REFERENCE ANTENNA KIT GecLink Precision Spray System reference antenna kit. I....... ._.._.._,__ _ . - .,......... AIR INDUCTIDN TURBO TWIN Exclusive to Torn in the 0.8 gpm(3.02 Ipm),1.0 gpm 13.79 Ipm}and 1.5 gpm 15.68 Ipm}sizes,for exceptional contact coverage. JET NOZZLES CONTACT&SYSTEMIC NOZZLES See complete nozzle listing in the Multi Pro'Nozzle Selection Brochure-available for download on toro.com NOZZALERTTm Monitors flow at each individual nozzle position,alerting the operator to flow deviations caused by worn,broken,clogged,er missing nozzles. GEOLINK"PRECISION SPRAY SYSTEM Toro's exclusive turf-based CPS precision spray system featuring sub-inch accuracy,repeatable mapping,and either CDMA or GSM cellular connectivity. A Safety Reminder.Prior to any application,know the chemical content and the manufaclurer's recommendation im protective clothing.Always wear proper clothing and mask when applying chemicals. 'Specifications and design subject to change without notice.Products depleted in this literature are for demonstration purposes only. Actual products offered for sale may vary In use,design,required attachments and safety features.See disVhutor for details on ali warranties. The Molli Pro 1750 is manufactured in Rev.1120 Tomah,w]ISn9002CerrliedPlait. SAFELY Page 608 of 1269 f t 1 f \ 1 ,� s rer n-ll f 7 s.{ 1h •...y crF +Sst =\ 7 ,tr t sa, -rr, , c s>,> (. i (! i ,; + �. 4,,. r !1 �i tj{s,t 4it i�St_ rt\1 {S `'•, .{,, t y+73,"...?Sr}tt)( t �tSl its r?t{,i S��h t,ys .,Fit +,y , { h t,1:-i9}+ 1 S,r s3 tst>ry}r ft„sts,SS lks#tt t}SS s ti if� r' !y d” iiii` NIM l+��h4i�&1,.�p\S list!.`\tt4h r,;y is£ ;fhfGV<,'i Jr, ,r4r; ,4,s;-} r > ir;?tc;t `41'1 t��vv rs,,"- s {f ': ildr,r,'i } ..t, lir } r 'i }ii S ht ( 41l crr '6t }tU \ ;{S\„4}iv)U til iii ti ss'!4}{i'r,,, S!{Sit74t 1}s�y Vhf Illi 'v1 4,t Sit - „ti t ( it !i l � I ft Y 51"1 r�rs fE _ i�k1, {ti )t„yil t„r»A r,I.t yl i Ir st,} p pi� �t_ t } {i rl s t t r >s tl, Vy r iv t1 t `� -GALL0N SPRA � s i,c,: ftl i,�tt t{}lily } t }Fsr 11 t ?r ttlti ri,� r } _ _ t- �� a '� t)� � Six Qi apr-agm Pump Anlndusfry Exclusive this trversizsd pump satisfies fhe best spray rateswhilesimultaneouslysupplying �4 t, t�tkskili )ti}aq itr generous agitation flow. triS't'.: ��.d � 1Y;, i'... ,S - y S=•S�, �v� S�: ;it '��}4(I��}'sr}f4US`sl}�s!)�`4Gy 1t ir��£}ii?i111Fi t\}i;})tsr ijt)`7 1T5al fGG2 L)Elli tiCaLGhQmitalTank- �-. t,t � , ,r• 1 si: i`.� �,:. � � t�{ '�{r},,,�.,.�� r,Itlni} S},!�!j ,ti,S,; 9 p Thoughtfully do signed poiyethylene tank has no shelves or earners for chemlcal to stick r : on,which spray ensure a 99%helps s R Y opt: #5 Sprayer f L p„ ee CnR r41 Console lnfoCen#er,�' fa ,, y s r pressure_ aU e ndAraYcantr Lsrt the .,F 1.. t. is r v 1 h if t . are L i a 1 located to a r ns le f ru un ue ca o Batu n � g _. t. _ . ..which� .,.1XOIOs eX lW5.ve G !CiPod .ff�jUC� , ,. _ f ifi tt ,. r t t [ s t� t n ul iue e h t h _r� r_ 1 e era a_ ovate UaQ rr , f , Y _A p 1 , _, it c wr e and_ vat r s t h a o c _ the n to v✓rt a t ---. --.. � _ - Q4 . .Cts. -i7 h U _, Z, _. ovktrr them. ,> _ 4 :t s r f � � r�r 11 . hFttttl r,tt I t 4 Nl _'.r,t • { Rugged Triangular S' ra @�aom ' , >>},i,i, ,y. }i: -..,.rU 7� ,i...r ,:u ,`� _1 t+!t, if;} �-.. ,.._ ,�.t a} `•:_ ,{ 11�1�...t� Vs£�4 � � ,r,tr,a z, P Y . Standard three section. 18.5'l5.6rn1 boom W[{flhF rovrdes fore af'l(f r7ft l)1 eg3.f{away an R{} 'i ,t 'Ss r.�+<S+\+t 4. t(., .1�4,,t,r`1 �`•, _' _ -- t r +>�,e 4t�,�4tt1>,- ��, ,,�,5 t, 11,+ ... i\ ',.rr't impact wh1le„'Frot ctra raZ hes. +„py, � sr�y�4 iS�s}tt�tyi�lt�t$M�S 50.1»1t�1(s(l1�\v a lxv��±,tr ,.t r t �1� i vSt}irl+};�11!}J2�}�r<ras „+rlUt4r 115,r,t, 1,+>l,tr,,, y't„ l)t.tA..f1t }k,tt,liy tti,yst,rc a l, yi-„t it{Il,.as 1;11\}1,,,,7�tttr3ltvi ,f„ ,,,(i„ Raises into iCrisSGroSS PSItlOt7 a,° ark{s F� ,furStts{#9 c iz?q+ !�1 SI}; 171 h,�js}2) i }r,�.1l+ij{Fs sS.}t�StAi�41 k'i�lr ,lt F 4;-ttttri (t(„i+}1Z f lilt •> is l? s};i t, ��7ttaS1}7�((�+ 1 Rr�11 tttyst�1} 1(11 t ,1 4i t r storage transportation., fU StP p�'�nCl ;. 'ti �1}},_t}1 �Ay1k<<r56A1s4r t -;t 4iit stlrlt�}t tt a�ti �? %ti}1��4��3��t4' i�.� t41��iA111S�,s4}F lit;tt}t(tf (\it ;1 Optional 20.5'(6.25 ti'1]LlOam w![lllt r } it tt{fi1 its r,� _ t1 Is j k it , � �ci t}Ss::_tit\1,1 3, Css��f l�l r 1 +gn s ,tvlti}i r x t{ vt tr 1 _ l st, 9 9 xl4it i exteRsionkilaYailable. llif 'fl itlrtl t�Ss{�S��SIs t t � a fs r �S 1 tit <<?S� (4 4 \ ij `xrNt 7 ttit r �? t \ VII s iv v tt,j,tts 4i(4, s{r,A si IGrt,`- 11V{�J ittlt)l St�lft �! ( > 1 ° c v s y - t,t Yi f ” tit}1yi14S{� )�' r•` 7- s y,: i t t ,t t 111n ` :1117 1 ly t 1s � i in 5 f it f 1)) i:,_�* lxi s�t I�,� _' 4 (il{((4}sitSh�y4t�lt4)i17VS�4tl'is111„'4)4t ss�t{4l (�srl;t i')J �. �V �`,;t°t yf ti ty lsl Sri ,Sk{;;t £ rr�rhsr,,�. }t Slid i1S�l��ti7{{ft+}y y�?fv��Fi l74(s�t t}Irt t` til 1 J��Ih i{ 1 r�, -_-�` �,)(sl is sill kilt ¢I} 4 y h tr,-„ t? ss}ft 1\NtFr'4v}1tt`1i)I� iS i t ' r.S c{tis` ,?�cit!'t tt9s;t?}ttS;v ri i s1s�57'`1)+Y!t t ti>`, i st},,i v' y' 17 t 'i4il s9t 7lr ( i t� +.r tt }Pt4r t S!'7°7�11t 4t 15i',�i1111V1 ,,,i, ,tt. ��' st r v- ti 11: is S}t11,1t1y,S,, yIl sr` sIN, :rl i 4s t tltl?41tS�s�}�iS}41t4sj�11\ir#t1}dt�)}r+gi>ft�t� t ,!: i t ! ii(1'rs lt�}f7tl i4t y'!.. 1 I£,, ,t,i c'r? itti117ttStlst111;71 �ty�)iS�j(.{�Rti4 ,i"1,1it1 `h',' ,,hl,} i7''r, ,, + b ,ir,:.,,((+ li4'14sti11g .y;,tri s`, v4ai sib t lytljslil{}t ti illy 1��1ii St4 �S4 \ r y�) t1.} r i, It4.r' z,.� !ti117,tttrJ9 9{9}t Ns9ks ` itS�(iltyy}senSl }isSl(I;y+i R,t }Si `ft s t t ;, a t #�I�8 �3- � � x+676 .•s,„; r, +a; z ,j,t.I ti; r.. ,(,r4 1 t.l t.t 1 s�S�, !,� t „r ,.,,,;. -.-,: � {_,,,„, ,.,, ...i r r ,. ,.:: . ., '�' „,is ,. ,7 ._, _-„ t _, tt r-.,. z_, ,. ,. ,St ) s ,.,,, s., r,S S r_ f �} t { t,.-. ,ri tr.3) rf. -r,I ,� } � d:,.r 1t - ,.tl�. )l,„,(� t„�, rt t SttyA .t as 1 ,pt,,,t z v.fs r, ,4st �1� 111 t} ,l,. s' ,,,.. v ,,.,. t) 1 ,trs d ) s s,. ,,,r, _,- r.-.,,I ,...s t.. 41,1 It� \ t r.. , 7 t f ,i- I I C- � , t�, i ,, , A,, n ., �t t1� 111 1� Sf r ,_S S �,s�fy s r, r h s.. h t t 1„1 rt)/ ,h t ,.t 1, �> t cl._, .., t.t + ,If, � _� f r f \t S.. t ,,ak tt„ ,:. ..5:. ),..,�,- t. :.,t.., 1 ,,SI�1 � �,.,�t ,. t l 1 ! f, ...tit, . . ; r.., ,i ..1, I fl v 14� r , ,�tt.s�)s /� r, � jjv stv 2L i,> � .� r ,,r ® IJOHN DEERE I& Everglades Quote Summary Prepared For: Prepared y: Links @ Boynton Beach David Thorne FL Everglades Equipment Group 1365 Neptune Drive Boynton Beach, FL 33426 Phone: 561-732-8905 dthome@efe1963.com Quote Id: 22435169 Created On: 27 July 2020 Last Modified n: 29 July 2020 Expiration Date: 31 August 2020 --------------------- Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE HD200 SelectSpray $ 16,692.26 $ 13,434.06 X 1 = $ 13,434.06 (for the ProGator 2020A) JOHN DEERE ProGator 2020A $30,064.00 $23,449.92 X 1 = $23,449.92 (Gas) _ . n,u _"" . .... rrm.. �.. CGMaIIHCO Spray Star 1750- 175 $49,723.92 $32,242.04 X 1 = ��$32,242.04 Io`n Sprayer- 175G324 SITHCO Spray Star 2000 -200 $ 56,878.57 $36,881.26 X 1 = $ 36,881.26 Gallon Sprayer-200G278 Equipment Total 106,007.28 Quote Summary Equipment Total $ 106,007.28 SubTotal $ 106,007.28 Est. Service Agreement Tax $0.00 Total $ 106,007.28 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 106,007.28 Salesperson :XAccepted By:X Confidential Page 610 of 1269 1 tG={Y4tvr<<� r e»i i r fttt''�1 2sir'• i i it,au a iP a • ;a k �� it� s t� s SF �V' s{ ��\� s is asU"ti ENGINE Type Vanguard V-twin Air Cooled Displacement 54.68 cu.in.(896 cc) Rated Horsepower 35 hp(26 kw) Air Cleaner Double Action air intake filtration Engine mounted cyclonic filtration system Cooling Liquid Cooled Lubrication Full Pressurized Oil Filter Full Flow,Spin on type Electrical System 24 amp,with 12V 900 CCA battery,fuse protected Fuel Capacity 10 gallons(37.9 1) TRACTION DRIVE Traction System Hydraulic power to two rear wheel drive Hydraulic System 5 gallons(19 1) Hydraulic Cooling Full flow filter with oil TIRES,BRAKES AND STEERING Tires Front:20-10.00x10 Turf Rear: 24-13.00x12 Multi trac Service Brakes Dynamic braking through hydrostatic transmission Parking Brake Auto spring pressure release park brake Manual engagement to both rear wheels Steering Hydraulic Power Steering with orbitrol motor. 15"steering wheel with tilt adjustment SPEED Transport 0-12 mph(0-20 kph) Smithco 877.833.7648 Page 611 of 1269 SPRAYTANK Capacity 175 gallons(662 1) Construction Eliptical polyethylene with UV inhibitors.16"hinged lid with built in locking device and nylon strainer basket Filtration Downstream filtration SO mesh strainer Agitation Agitator with 4 venturi volume boosters Pump Rocker switch operated.10-70 gpm(36-225 Ipm).10-60 psi(0-7.4 bar). Stainless high volume centrifugal with silicon carbide seals. SPRAY PERFORMANCE Application Rates 20-220 gallons(180-2050 1)per acre 0.5-5 gallons per 1000 sq. . Production Rate 6.4 acresihour @ 3.5 mph(S.6 kph) Up to 75 acres per day WEIGHTS AND DIMENSIONS Weight Dry-1750 lbs(784 kg) � Y �- Loaded-350D lbs(1588 kg) Length 127"(3.22m) Width 65"(1.65m) Height 78"(1.98m) Wheelbase 68"(1.73m) PRODUCT CONFIGURATION ACCESSORIES Leaf spring front suspension Water Fill Meter Kit-gallons or liters "Spray Boss"mechanical ground speed system&cruise Foam Marker-electric operation,manual control control Manual hose Reel-200'(61m) Choice of electric,computer or manual spray control system Electric Hose Reel-200'(61m) Headlights 26 gallon(981)Wash Tank System Certified ROPs with seat belts Fresh Water Wash Tank SPRAY SYSTEMS Foam Marker 18.5'or 20'Super Boom Chemical Clean load Safe fill System 1752 Teelet@ Radion 8140 wl GPS speed sensor Tank Rinse System 1754 Electric Spray Control System 314"or 518"Pressure Hose Kits in 50',100'or 200'lengths 1710 Manual Spray Control System Pistol Grip JD9 Spray Gun 1758 Star Command I TeeJet@ Radion 8140 Sonar Boom Kit automatic boom height adjustment and Dyna)et System with 18.5'boom system 1755 Star Command II Teejet®Aeros GPS Satellite System Rogers Cover Spray Boom with 18.5'boom Drift Reduction Boom Shield SmIthco 1877.833.7648 Page 612 of 1269 ,u, - - — - - Tr0 1carS rQ- ," l` 1h:YaICE 13691 SW 145 CTofs#: TE11 (}7 f Miami,FL 33186 fit : 7129I200 _ '"`' TROPICARSUSA Tf kle 4 32.17,P ` Ph:(305)235-5454,Fax: (305)232-1360 #of Items 2 support@tropicars-golEcom ,;' 1 Pre}lared To: Ship To. ATTN: ATTN: LINKS AT BOYNTON BEACH LINKS AT BOYNTON BEACH 8020 JOG RD. 8020 JOG RD. OYNTON BEACH,FL 33472 BOYNTON BEACH,FL 33472 USA USA x ... ........... .—. __ Quote Date: 7/29/2020 Ref#: Phone#: Fax#: Code: 70004156 Site: Contact: Terms: PREPAID Email: The following is in response to your Request For Quote Item Part Number/Desciliption `C0 ( Qty Unit Price LineAmt 1 J-666491G01 SPRAYTEKXP 175 GALLON DIESEL-2 NE 1 I $39,164.00EA $39,164.00; WD-MANUAL TRAN Delivery Terms:TBD Accessories Included: 4319746 Raven 203 Electric control system with individual boom control through motorized ball valves, custom control console,pressure regulator,and all hose and fittings(for use with Premium spray boom only) 4320589 Premium spray boom-18.5 ft.(5.5 m)with 11 nozzles and electric over hydraulic lift 1 lower cylinders 4320593 Water Fill Meter Kit-Gallon 4322369 Foam Marking System 4329826 4 Post ROPS kit 4331487 Canopy for 4 Post BOPS(Does not include 4-post BOPS)not compatible with windshield Nozzle Allowance Includes Delivery 2FRT CAR VEH NON FLT INCOMING FREIGHT 1 $700.00 $700.00 I : : : : : f l I) t ) Sub Total: $39,164,00 Misc Charge: $O.UO � Freight: $700.00 Total: $39,864,00 [Authorized Signature: Payable in USD Form created with Quantum Control(trn)technology.Product Licensed to:Troprcars Page 613 of 1269 1A C.WAGra rAE-71 I j Sprayers y, -. ,ra T. Iek@ X, P k. 9fi e, 1 fra �i- WN- t+ � r t a tai QUICK SPECS The l-new SprayTek,"XP is designed to meet Tank Capacity: 175 gallons(66`t) all your spraying nee itprecise control. ;00 ga!/ons(1,7 3 6) powerful pump provides ample flow for Pump Capacity: 64 gpm (242 Lpin)at GO PSI(414 KF'a) spraying agitation and a low-profile to k Controls. l�eanual eiectr;ic, computerizcd, or GF'�rnappirag sysierns !ares the operator visibility tr e Booms: 15 ft. (4.6 rn), vehkie better handling. 1€>.5 ft. (5.6 nn), 20 ft. (G.i r t) Engine: Gas 32.5 NF'(24.2 kala 51.6 ft-lbs(70 Nin) Diesel 24.81-1P(18,5 kWj' 52.7 ft-lbs(71.5 Nfra) Drive Train rive speed manual frans.mission Two speed real axle tockina differential 2 4✓D or 4 VVD www.jacobsen.com Page 614 of 1269 ee NEW IED CAPITAL PROJECT STATEMENT OF NEED FORM Date Prepared. _7117/2020 Submitted By: Tommi Yllioki Project Modification Division Director: _____Tommi Yliokiu Golf Couts ��Janaer New Project __.. PROPOSED PROCT NAtIE: Spray Rig equipment urchase STATEMENT 0 SEED J JUSTIFICATION: The golf course only has 1 spray rig to cover all 140 acres of the golf course. This one spray rig is used to spray 3 different kinds of herbicide,insecticide,and fungicides throughout the golf course.A second spray rig would increase productivity and help better maintain all 140 acres. m. PROJECTSCOPE/DEQ,` ' TIOIN„ Purchase new spray rig.New spray rig will be dedicated to maintaining greens,while other spray rig will be dedicated to non-greens areas. ........... TIMING/SCHEDULE/PROPOSED STARTING DATES: August or September 2020 LAY I ACTS/OTHERIS%UESIF �N'OT STARTED AS KS TED: A new spray rig will increase productivity and lessen the chance of applying the wrong product on the golf course. PR O CTC TE ESTI TED COST. $28,000 Replacement of Facilities/Equipment Planning/Design _ $ (New) X Expansion of Facilities (Modification) Construction_ $ Enhance Service to Public Contracted/Professional Services $ Regulatory or Commission Mandate Art 0%of Constn>$250K) $ Reduce Cost Environmental $ Generate Revenue x Health SafetyEquipment/Information Tech. $28,000 Security/Fire Control Operating Budget Impact $ A Compliance Exected Savin s/Revenues $ SOURCE(S)OF FUNDINQJ Fund Balance/Reserves $ PROJECT PRIORITY Debt $ . High(Critical—tied to mandates or safety) Grant $ Medium(Maintain level ofservice,savings) Impact Fees $ x Sales Surtax(Fund 303) $ Low(Moderate benefit) Fund Transfer ,,...a.._........_ Other Source(CIP Adjustments $28,.000 Please submit to Anthony Davidson—davidsona .bbfl.us 1 of 1 Page 615 of 1269 Capital Improvement Program Project Information &Financial Plan Form Project Title: Stns Ria Purchase Department: Golf Project#: GF20XX Project Type: 1m�arov/Renovation Project G/L#: 3024501-572.62-01 Project Manager: TommiYYoki W PROTECT DES ON, PROJECT PICTURE Purchase new spray rig,New spray rig will be dedicated to maintaining greens,while other spray rig will be dedicated to Pon-greens areas. SINESS CASE The golf course only has 1 spray rig to cover all 140 acres of the golf course.This one spray rig is used to spray different hinds of herbicide,insecticide,and fungicides throughout the golf course.A second spray rig would increase productivity and help better maintain all 140 acres. DISTRICT 1 77 PROTECT SCREDULE _ sReduceCosts RPTERL4 start Cam aletWn ! .. Estimated Actual Estimated ActualofFacilities/Equipment(New) _ X Planning/Study Facilities(Modification) Design ! l vice to Public Contract Adverdse/Award r Commission Mandate Construction Aug-20 Sep-20 s Prosect In Service Bate 'Generate Revenue X ,Health&Safety PROJECT PRIORITY High Critical-ded to mandaew r Security/Fire Control Medium x Maintain ieYelofswvce,operatimaisavings ADA Complaince --- - Moderate benefit ............. .. SOURCE OF FUNDS Prior Years FY 19/20FX 20121 FY 21122 FY 22!23 FY 23!24 1 Project Total General Gov't CIP Fund(302) $0 $28,000 $0 $0 $0 $0 $28,000 Local Gov't Surtax Cap Fund(303) $0 $0 $0 $0 $0 $0 Local Option Gas Tax(104) $0 $0 $0 $0 $0 $0 $0 Parks&Rec Trust Fund(141) $0 $0 $0 $0 $0 $0 $0 Rec Program Revenue Fund(172) $0 $0 $0 $0 $0 $0 $0 Public Service Debt Fund(207) $0 $0 $0 $0 $0 $0 $0 Utility Cap Improv Fund(403) $0 $0 $0 $0 $0 $0 $0 Utility Cap Fees(404) $0 $0 $0 $0 $0 $0 $0 Golf Fund(411) $0 $0 $0 $0 $0 $0 $0 Debt $0 $0 $0 $0 $0 $0 $0 Grants/Donations $0 $0 $0 $0 $0 $0 $0_ TOTAL $0 $x8 000 $0 $0 $0 I $0 $28,000 USE OF FUNDS Prior Yews FY 19/20 FY 20121 FY 21122 FY 22123 FY 23!24 ! Project Total Planning/Design $0 $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $0 $0 $0 Furniture&Equipment $0 $28,000 $0 $0 $0 $0 $28,000 Technology Software/Hardware $0 $0 $0 $0 $0 $0 $0 Art(1%of Construction) $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 ProEm�nt Manapemcnt $0 $0 $0 $0 $0 $0 $0 .TOTAL $0 $280D0 _ I $0 17 $0 $D SO $28 000 lua,�tact on Ow�eratlPg Budget Pnor Years � FY 19I2fl F'Y 20121 � FY 21122 E FY 22123 E� mm F'Y 23124 � Pro,{ect Total Personnel $0 $0 $0 $0 $0 w�$0 $0 Other Operating $0 $0 $0 $0 $0 $0 $0 Supplies $0 $0 $0 $0 $0 $0 $0 CapitalOutla+ $0 is0 $0 $0 $0 $0 $0 .- ... �.,----- ---iii — _.. so S:1C�Progsms4CiP FY2019-2bNJICIP Aremimtft302 FluMAfh Qu®,PraLSFisy Rigx7sxFY17t8P�Je 3'Shxt 7/2if203U Page 616 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. #: 201380 P.O. BOX 310 DATE: 08/06/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 18245 SHIP TO: TO: ABM BUILDING SOLUTIONS LLC City of Boynton Beach 14141 SW FREEWAY SUITE 40 PUBLIC WORKS DEPARTMENT SUGAR LAND, TX 77478 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 76880 ORDERING DEPARTMENT: PW/ADMIN/AGGA/AM ° •° DATE NEEDED: CONTRACT NO. COMMISS3ON APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 10150 . 00 DL AUGUST 2020 1. 0000 10150 . 00 2 13200 . 00 DL SEPTEMBER 2020 1 .0000 13200 . 00 REMARKS TEMPORARY LANDSCAPE. SERVICE FOR TOWN SQUARE COMMISSION APPROVED 07/07/2020 RFQ 4009--2511-20/RW PROCUREMENT SERVICES ,�� , P.O. TOTAL 23350 , 00 ACCOUNT NO. PROJECT.' 001-2511-519.49-17 PURCHASING Page 617 of 1269 0 0 C3 Cno OD C) O Co 0 0 0 LO C� Ln C> m m SI 0 H 0 0 C. LO 0 Ln 0 14 rq CYa CR 00 0 60 l O CD I 0 LO H C> LO O W Ln ra N 0 u 01 yl I C) c, y—BCA 0 n p 04.M cd H cd 0 0 C; In I Ln 0 c� m 04 a H H W x I I Z z N law H CA0 ril m H E� m 01404 01 z 0 RO W Q.. P4 WW 1-4 0000 U3 934 m 0 0 ul m CN 14 .4 Lrl Ln E ;Cq p 9 OH H 1 OE+O NPO 9 CII rlE kli W H E 0 RN m OX C9 C19 u Et 0 H I POO MOO 1 Uri H (d I 0 C> F-i C71 C5 0 In zw H M W 04 m m H W : W H -AFs W 17 1 i 17 EO) W Page 618 of 1269 CITY OF BOYNTON BEACH i' REQUEST FOR PURCHASE OVER $109000 Date: 8/4/2020 Requesting a : PW-Admin ContactPerson: Andrew Mack Explanation Purchase: Town Sure/City Facilities Maintenance Services for August and September 2020. i i ecoded Vendor ABM Industries — [Dollar Amount of Purchase $23,350.00 Source for Purchase (check nd attach backup materials): Three Written Quotations GSA i State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other X Contract Number: RFQ No. 009-2511-20/RW NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund rce for Purchase: 001-2511-519- -17 Approvals: Department Head Date Purchasing Agent Date Asst City Manager Date City as er Date Form Revised 02101/02 Page 619 of 1269 ® l-a; ff 01101 ABMF�l ilia Value SCOPE F WORK for MAINTENANCELANDSCAPE AND TURF t THE CITY OF BOYNTON BEACH —TOWN CENTER COMPLEX AUGUST, 2020 1. LANDSCAPE MAINTENANCE A. Turf Care Specifications 1. General This comprehensive landscape and turf maintenance service plan is specifically designed for the City of Boynton Beach --Town Center Complex, hereinafter known as "Customer". ABIVI Landscape and Turf Services will be known as "Contractor". All areas shall be inspected weekly, as a minimum,for detection of diseases, non-beneficial insects, deficiencies in plant and turf fertility and vitality, adequacy and frequency of irrigation system,and other cultural, horticultural and/oragronomic problems. Issues shall be properly addressed through timely communication and treated to correct upon discovery, if applicable to the contract scope. Customer shall be notified y the Contractor, of all problems encountered so an expedited corrective action can betaken by all parties involved. Contractor shall not be responsible for Acts of Godsuch as freeze, hail or heavy storm damage that would create unusual preparation, clean up/d isposl, pruning, or plant replacements in excess of the normal scope of service. In the event of a major storm (tropical storm and stronger),Customer can substitute regular maintenance hours (mowing and pruning) as replacement hours for storm clean up. This substitution will be at a 1:1 ratio. Example- do not mow this week and those hours will be used for clean- . Any excessive debris that needs to be hauled away and dumped will be billed Landscape&Turf specifications Page 620 of 1269 ABM- Buildling'Alue . Edging a. Contractor shall mechanically edge with a stick edger or push edger,all plant bed edges, curbs, sidewalks,streets,and tree rings to maintain a clean, crisp turf edge while maintaining the intent of the boundaries' hard surface lines and soft,edged lines of all planting areas. b. Edging shall be performed t the same mowing frequencyfor all hard edges: sidewalks, curbs, paved areas, courtyards, etc. as the mowing schedule. c. Edging shall be performed at every other week for all soft edges: plant beds,tree rings,etc. d. Edging equimentill be equipped with manufacturer's sa urso deflect hazardous debris. String-trimming(" d ter"-type)edging shall not be used. e. All hard surfaces shall be immediately swept or blown to maintain clean,well groomed appearance. . Trimming a. Areas mutually agreed to be inaccessible to mowers shall be string- trimmed tria - tri e at the same height,the same day and the same frequency as mowing. 5. Debris Removal a. Areas littered in the mowing process(other than normal grass clippings) ill be removed by hand or power blown, as conditions permit, collected and transportedoff site, including debris in plantingbeds. 6. Turf Fertilization . A preliminaryturf fertilization specification and schedule shall be provided by the Contractor per Section 6.b. below. However, the specifications, timing, rate of application and elementarycomposition shall be adjusted according o actual agronomic conditions existing a the time and as per the results of soil testing analysis. Contractor shall conduct soil testing on a bi-annual basis to ensure turf is receiving' proper nutrients. Results shall be supplied/furnished to Client. A8MLan&cape& Ttafspec catiorsr Page 621 of 1269 ABM- r Building'Value 7. Turf Insect and Disease Control . Treatment of Bermuda(Celebration)turf areas for insect infestation or disease shall be the responsibility of the Contractor. b. Contractor warrants irrigated turf against infestation and disease and will replace same if it is determined that the turf quality declined below an acceptable level due to the Contractor's neglect. Declining turf quality due to foot or vehicle traffic wear, vandalism, cts of God or previous improper irrigation installation/coverage, will be the responsibility of Client and shall be replaced promptly upon approved extra-work service order by Contractor. c. Contractor shall provide a complete pre- and post-emergent weed control program that addresses broadleaf weeds and sedge control throughout the year. This includes the use of Ronstar and Basagran. d. Turf areas shall be continuously monitored for pest problems. Contractor shall provide a monthly Integrated Pest Management inspection and treatment program, insuring proper and timely control. Top Choice will be applied during the correct timely in the Spring each year to control Mole Crickets. e. Bermuda (Celebration)turf will receive -4 aerifications and a full sand top dressing each year. The number of aerifications will vary depending on the usage and compaction in differing areas of the complex. f. All State and Federal regulations shall be adhered to and a pesticide application log and MSD Sheets must be maintained, approved and available for inspection by Fi iel 's EHS department. B. All Planting s,Shrubs, Ground Covers, Palm Trees and other Tree Care Specifications . Pruning . Unless otherwise requested by Customer,all pruning and thinning will have the distinct objective of retaining theplant's natural shape and the original design intention. ABM Landscape&Turfspecifications Page 622 of 1269 ABM, iiia % E 3. Palm Pruning a. All palms not exceeding 16'shall be completely trimmed of seed heads/berries and/or brown/yellowing palm fronds, as these occurs throughout the year with use of a pole saw from the ground. b. All palms over 16' in height shall be pruned based on the availability of an aerial lift supplied by Customer or reimbursing Contractor for renting an aerial lift if requested by Customer.To be scheduled upon availability of the aerial lift. c. Ornamental (example Lady Palms) palm pruning shall be performed as needed to present an aesthetically pleasing appearance. 4. Ground Covers a. Ground covers will be confined to plant bed areas by manual, mechanical or chemical means, as environmental conditions permit. 5. Plant Insect and Disease Control a. Plants will be treated chemically as required to effectively control insect infestation and disease as environmental,horticultural and weather conditions permit. b. All over-spray shall be prevented and any contact with employees or visitors of Customer,shall be strictly avoided. c. All landscape areas shall be continuously monitored for infestations of insects; disease and other pests shall be addressed and treated immediately for proper control. d. Fire ants will be treated with appropriate insecticides and baits as needed throughout the year. g. All State and Federal regulations shall be adhered to and a pesticide application to and MSD Sheets must be maintained,approved and available for inspection by Customer. ABMLandscape& Turfspedficalions Page 623 of 1269 ABM.s' it inglulus b. Thea plications will be at an average depth of 2 inches.Additional Shredded Mulchill be applied as necessary throughout the year if bare spots become noticeable. . Floriculture Program a. "Seasonal Color" —Annual and seasonal flowers are to be planted an spaced per recommendation of grower unless otherwise directs differently the Customer.Quantities,varieties and locations shall be determined after meeting with the Customer to formulate program. This will be an additional cost contract. b. Contractor shall schedule between two ( )and four ( seasonal color rotations of four-inch.flower pots per year ateach rotation.if requested at an additional cost to the contract. C. Irrigation 1. Contractor shall be responsible for monthly inspections of irrigation system via "Wet Checks".All irrigation deficiencies or problems noted on property shall be provided via report to Client on a monthly basis. . All irrigation components damaged by Contractor's employees and/or equipment shall be repaired at Contractor's sole expense. . Contractor has budgeted$300.00 per month for all other service repairs and retrofits. For repairs over $300.00 a month, Contractor shall provide proposal quotes for additional repairs and retrofits. For repairs under $300.00 per month, Contractor has the ability to make repairs and submit documentation to Customer. D. Additional Services 1. Contractor shall provide services over and above the Contract Specifications/Scope with written authorization from Client only. Client shall issue Task Orders (TO's) upon approval as determined by the Client. ABMLan&cape& Turfspecifications Page 624 of 1269 I ARM , Budding Vlu Il. PERSONNEL A. Contractor will provide all labor, transportation and supervision necessary perform the work described herein. B. Personnel will be legal to work in the United States and the State of Florida C. Field personnel will be equipped with all supplies, tools, parts and equipment to perform work. D. Personnel will be properly licensed for all applicable maintenance functions, including any pesticide application. E. Personnel shall wear clean uniform shirts and hats of consistent design and color,in order that they may be recognized personnel of Contractor while on site. Contractor's personnel shall comply with all OSHA dress code regulations,i.e.steel toed shoes,safety goggles, ear protection, etc. F, Contractor's personnel are perceived as representatives of Fairfield while on property,and as such,will conduct themselves in anefficient,well mannered,well groomed and workmanlike manner at all times. G. Any damage caused by the Contractor's personnel shall be repaired immediately at no cost to Fairfield. H. The Contractor's Landscape Supervisor will be fluent in English and will have constant radio contact with the Contractor's Management personnel,as well as the office support staff. 1. Schuiin /Safety Work ill be coordinated with Boynton Beach and scheduled to give the least possible interference to BoyntonBeach's operations. Sufficient warnindevices will beemployed,whenever necessary,to provide safety o persons and vehicular traffic. J. Drug Free Workplace and Background Checks. Contractor will have in place a Drug Free Workplace policy as a condition of employment for its employees. Contractor shall also conduct criminal background checks as a precursor to hiring a new employee. M Landscape& Turf specifications Page 625 of 1269 Coma, Skender From: Elliott, Corinne Sent: Wednesday, August 5, 2020 12:43 P To: Coma, Skender Subject: RE:76880 Follow Flag: Follow up Flag Status: Flagged approved Corinne Elliott Deputy Finance Director Financial Services Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-742-6311 ElliottC@bbfl.us boynton-beach.org/ Yea ' a l ,� Hm i„ i 13 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Coma, Skender Sent:Wednesday,August 5, 2020 10:06 A T : Elliott, Corinne<ElliottC@bbfl.us> Subject: 76880 Please see attached. Commission approved 07/07/2020 COI 11/01/2020 Thanks Page 626 of 1269 Page 1 of 2 DATE(MM)DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 08/04/2020 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, ce"n policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Willis Towers Watson--Certificate Center ........... WrIlis Towers Watson Southeast, Inc. PHONE 1.-877-945-7378 FAX �Alc Nol, 1-888-467-2378 c/o 26 Century Blvd 1-;A Nin EailoE-MAIL P.O. Box 305191 APPRE 5r$,_CerstifiCate aIisrilliS.Coma ....... Nashville, TN 372305191 USA INSURER!st AFFORDING COVERAGE NAIC# rNsuRERA: ACE Ame-Tican insurance Company 22667 INSURED INSURERS: AGE Property a casualty Insurance Company 20699 ABX Building Services, LLC an 203H Industries Incorporated CompanyINSURERC: Ind—ity Insurance Company of North Amerl 43575 4151 Ashford Dunonody Road, Suite 600 INSURER D Atlanta, GA 30319 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:W17465586 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 WTH 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR-- TYPE OF INSU ADDL SUER, POLICY NUMBER J POLICY EFF POLICY EXP LIMITS LTR NerIrin,21 WPvu�t MBFnQLCy1 J JM_ X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000,000 "IA10-`4`1`TO BENTS[) CLAIMS-MADE I OCCUR "PREMISES,Ea owurreocee.�, 2,000,000- A X $1,000,000 SIR RED EXP(Any one person) $ Excluded X,XCU y XSL 671228988 11/01/2019,,11/01/2020 PERSONAL&ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 POLICY E PRO- ,JECT El LOC PROGUCTS7-ICOMP, 'OPAGG 2,000000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 5,000,000 :Ea accident X ANY AUTO BODILY INJURY(Per person) $ A. x OWNED SCHEDULED ISA H25292510 11/01/2019 11/01/2020 BODILY INJURY(Per aWdent) $ _AUTOS ONLY AUTO' x HIRED x NON-OVMED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY ,.Per accident, ........... X UMBRELLA LIAR X OCCUR EACH OCCURRENCE BS 10,000,000 EXCESS LIAB CL IMS-MADE XOD 027910865 005 11/01/2019 11/01/2020 AGO EGATE 10,000,000 DEDX RETENTIONS 10400 ------ WORKERS COMPENSATION x PTEART LITE ER OTH- AND EMPLOYERS'LIABOLITY S YlN C ANYPROPRIETORIP.ikRTNERfEXECUTIVE E.L.EACH.CCIDENT $ 1,000,000 OFFICER,MEMBEREXCUUDE [Eft] NIA 1RLR 065895857 11/01/2019:11/01/2020 _ .................. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE,$ 1,000,000 If g%d soibe under 1,000,000 IOPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 ......... .............. DESCRIPTION OF OPERATIONS I LOCA11ONS/VEHICLES{ACORD 101,AddMonal Remarks Schedule,may be aftachod If more space Is required) Be: Client Project Purchase Order or Contract #85290442 Worksite Location., 100 E. Boynton Beach Blvd., Boynton Beach FL 33435 job Description: HVAC Service City of Boynton Beach, its' officers, employee's and agents are included as Additional Insureds as respects General CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE VATH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Boynton Beach 100 East Boyton Beach Blvd. Boynton Beach, rL 33435 O 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD sR ID: 19943570 BATCH; 1770665 Page 627 of 1269 BLANKET ADDITIONAL INSURED Named Insured ABM Industries Incorporated Endorsement Number Policy Symbol Policy NPow P umber eriod Effective date of Endorsement SL G71228988 11110112019 TO 11/01/2020 issued By(Name of Insurance Company) ACE American Insurance Company THIS T CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS E T MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: EXCESS CIL GENERAL LIABILITY LI Any person or organization whom you have agreed to include as an additional insured in a written contract is included as an additional insured under this policy,but only to the extent required by and in accordance with the terms of such written contract, provided that written contract does not specify an ISO endorsement or other specific wording, and only with respect to liability for"bodily injury","property damage",or"personal and advertising injury"arising out of your ongoing and completed operations. 5-1723 (11/18) CChubb.2056.All rights reserved. Page 1 of 1 Page 628 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH. FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. #: 2013B5 P.O. BOX 310 DATE: 08/07/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 18144 SHIP TO: TO: BROADCAST SYSTEMS City of Boynton Beach ER TECH SYSTEMS CROUP INC POLICE DEPARTMENT 205 NW 1TH AVE, SUITE 201 2100 HIGH RIDGE RD POMPANO BEACH, FL 33069 BOYNTON BEACH, FL 33426 REQU151TIbN N0. 76884 ORDERING DEPARTMENT: POLICE SPS DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 44 .75 EA SYSTEM DESIGN ENGINEER (GSA) 110 . 8300 4959. 64 2 4 4 75 EA MASTER TECHNICIAN (GSA) 110 . 8300 4959. 64 3 44 . 75 EA MASTER TECHNICIAN (GSA) 110 . 8300 4959 .64 4 44 . 75 EA PROJECT MANAGER (GSA) 110 . 8300 4959 . 64 5 12 . 00 EA 15M HIGH-SPEED HDMI CABLES 4K 69 . 7300 836 . 76 HIGH SPEED Miscellaneous -WALL STANDARD .SURGE 6,9. 5600 695 . 60 6 10 . 00 EA PANAMAX IN SUPPRESSION Miscellaneous 7 1. 00 EA FASTENERS, CAT6 SLEEVES;, AND 407 . 1900 4.07 . 19 OTHER RELATED installation materials Miscellaneous REMARKS: RTC:C - MOUNTING HARDWARE & .INTERCONNECTS GSA CONTRACT #GS-07F-173GA INCLUDES INSTALLATION OF A 12 MONITOR VIDEO WALL ESTIMATE #3335 y.`11 A 1 PROCUREMENT SERVICES: ` ' P.O. TOTAL: 21778 11 ACCOUNT NO:, PROJECT 303-4119-580. 64-14 IT2011 F PURCHASING Page 629 of 1269 O O I ® _Ln I ® ® 6 M B I I LO m m iD 1`` H 1 1 Oar al tr ON lO 1 In M M M M QQ ] 1 dl VI v v ] k x GQ Q 1 1 " „,,. ' H 1 I �'.. Fa g I 1 I I I I I I n I ] re I 1 I 1 ® 1 I z 1 I 1 I O O O O Q EI Q H I dl la O al H I O O 0 O O 1 O O 0 O O E+ U 101 al M al lO kn h Q 1 O 0 O O 0 [, 1 N Ih Ln In M 61 O C- I r-I rl H rd H m 9 ° qv v U lD 6Y I ry I H I I Sd �1 �4 �4 �1 I ai I I of Ll 1' L1 g% 1J H 0 HH ] d o O O O O o z q C a C a "Z HEn ] O O O O O 4 O I y N 0 w w W H ff4 O I M M M U U C_l U U ca w 00 co f, Ln r-1 EM I 0 Cl o O aro al h H Q) as 97 0f C5 W 1 ri r4 t H w cn o P to Fi fi Sa S k o O ; i r m ri rl dl CZ7 U U U U U 1 H r E E I -r4 •rl vi •r{ -r{ ww a i® W MraHra .aaa�.a I70rd0rd0fd0(dold I ON MCI WN WN airy aB O O > 1 en In In Ln cs o cs Z aHaHaHaHIM Ha H P4 p H i dl �+ tll N O ri H I tle CM r� r-4 1 1 I 1 I 1 1 1 O 1 (} U 1 B En W. ul B O H 1 w I A H I a a a a a I ww�W I w� ry ry' rti a v~° w tr� �. r� I ai {l`tls M C/y � a< Mm um I w�fi]�W� W I WCA Sfl V! wM Cf] wV1 a MW w ww I d W M w k'!3 W w mea W W i/1 W I a H H H H 0 H 4 W.,-7 I ® 0 0 011r, 0 1 a:e 7 la IX I-a a x4 H a 1-1 aJ a w7 1 HC4 .HeW �Haa Ha Ha Na O .H.ea I Ul W M U] U2 k Iya A,'a wya a QIGI w a ria I a+ 31 .ti'1 S' 1 O a b a lN) a Q e4'e a 5 0 W°e7 Q a 1.7 I R;a Rt a p.'.ala a a. 9 aM Ix pd 5 am N I w z w W w 1 r[nh r,3 -a Ca ca V] ea La H H H H H 1 [r} 6a 4a w 1U Ib I Ls I a a a yam a w"Nm a w 1 M a a al a a a a) a pa r x � SEH 0 zH) ® 1 wHa v'w0 a]HO HCY HO HCY W” HO I cl u w N pgw � w H `� ON WO ON 1H7 a 1 H w .... W v .' 94 H N mw w 1 1 op.0 AasU J31 —aeU Q N N 04 c 48 au e0 V w O O 1 •Z}HH HH iq HH HH T. HH "H rJ3 hH.H 1 r4 -4 .a r1 r1 a a 1 WMO HDO HcrDA mm0a 0ba 04 00 ca 1 CYO U00 UOO WOO Q r] 00 H CYQ 1 e e ",+ z i Awa H a Hfr7P1 h;6 wa w�W ww�WN ��'aw 1 0 0 0 0 0 Oz 1 H.. .. .. .. .. .. a® .. .. 1 O .... 00.. .. 1 N u) N o N H O 1 MA ,46 S+A U}IQ C'4,)yn Z(DB Q —4WW -v0 1 Hal (n 0 0 M Z H H I WHO WHO WHO 0 1 0EIO H0HO M4JOPO O H I OH HH HHE H MH WHE 9R40H 1 r-1 ri rd H r-1 H a 1 A Q QM HA C,4n .IQE w 4,,4 1 O� �r a+ w H O H I WOD a'00 4 UO Hri00 ra00 "�-+CaO 1 UM M M M M H r7 as l M U W£U U U O U a8 U Idv U 1 Ur�0 0 0 0 0 IJ! U I H H�(Q M m�p 13 u I FyM M M M M H O M : mo 0M 00 000 EN QO2 ra r�o s°Z H W I r`']UN UM UW W.Um Ill-•-IUm —IUM W r.-.AurA I 0! Q I U7 W H g a x ka-r•I 1 w a I 1 a M W 1 W � z 04 i .-k N M d, Ill itl [^ I MH N M cM 111 1 H Fa I I h] I B Page 630 of 1269 ®� CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10v000 i t • 8/5/2020 Requesting t: Poll - c Stewart Explanation for Purchase: This TCC requisition includes the inaltio of the 1 monitor video Il. Additionally, it includes all LG related mounting hardware and interconnects to a central point with in 30 feet of the wall. c r Broadcast Systems 11 urc 21,778-11 .m a ource for Purchase (check ckup materials): Three Written Quotations GSA State Contract PRIDEIRE PE.CT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: GSA CONTRACT#GS-07F-173GA NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 303-4119-580-64-14 Project I2 11 i. Approvals: � Department He & O 4 , ate ; Purchasing Agent ; . Date - ' Asst City Manager _ to City Manager Date Form Revised 02l01/02 d s i-I c4u Page 631 of 1269 ft SYSTE NA S ER Tech Systems Inc. -line access to contract ordering 100Fmation,terms and conditions,up-to-date pricing,and the option t create an electronic delivery order are available through GSA Advantagel,a menu—driven database swtern. The Internet address for GSA Advantage 1 is: htti)://www.gsaadvantave.-ggv SCHEDULE :Total Solutions for Law Enforcement,Security, Facilities Management, Fire, Rescue, Special Purpose Clothing, Marine Craft, and Emerge ncy/Disa ste r espons CONTRACT. S - u :0910,112017—0813112022 Contractor: ER Tech Systems Group Inc. ba: Broadcast Systems Address: 205 NW 12t4 Avenue Pompano Beach, FL 33069 Office: (561) 578-4964 Fax: (561)658-0360 Website:www.broadcastsystemsinc.com Email:GSAiroadcastsstemsjnc.com Point of Contact: Nicholas Er nick(@_broadcastsystemsinc.com Contract in: Pascale Ozelie sascale@,. i castsystemsinc. om BROADCAST SYSTEMS 1 GS-07 F-173A Page 632 of 1269 12) FOB POINT: FOB Destination,Shipping included in price 13)ORDERING: Ordering address—Same as contractor address Ordering Procedures- For supplies and services,the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in FAR 8.405-3 14) PAYMENT ADDRESS:205 NW 121h Avenue,Suite 201, Pompano Beach, FL 33069 15)WARRANTY PROVISION: Contact contract administrator for warranty information. 16)EXPORTPC ! ARGES: N/A 17)TERMS AND CONDITIONS OF GVT PURCHASE CARD ACCEPTANCE: Accepted at and below the micro-purchase threshold 18)TERMS AND CONDITIONS OF RENTAL,MAINTENANCE,AND REPAIR. N/A 19)TERMS AND CONDITIONS OF INSTALLATION: N/A 20)TERMS AND CONDITIONS OF REPAIR PARTS: N/A 21)TERMS AND CONDITIONS FOR ANY OTHER SERVICES: N/A 22)LIST OF SERVICES DISTRIBUTION POINTS: N/A 23)LIST OF PARTICIPATING DEALERS: N/A 24)PREVENTATIVE MAINTENANCE. N/A 25a)SPECIAL ATTRI BUTES. N/A b)SECTION 508: N/A 26) DUNS NUMBER.079637089 27) NOTIFICATION REGARDING SAM: SAM Registration valid and current. 28)CAGE CODE. 7C6T7 BROADCAST SYSTEMS 3 GS-07F-173GA Page 633 of 1269 1.. ,Y S T E AUTHORIZED GSA SCHEDULE CONTRACT PRICING Updated pricing available at:www.gsaadvantage.gov SIN MFR PART NUMBER_ PRODUCT DESCRIPFION GSA PRI 334512 Avignon ACC7-COR SACC 7 Core Edition camera license $60.80 334512 Avigilon ACC7-STD ion camera license $118.03 _ E��- 334512 Avigilon ACC7-ENT ition camera lic $207.44 ;334512 Avignon,ACC7-ENT-FO tion camera fallover license $32.19 334512 Avignon ACC7 COR TO-5TD-UPG ACC 7 Core to Standard Edition Upgrade license $75.11 — 334512 Avi lion IACC7-COR-TO-ENT-UPG ACC 7 Core to Enterprise Edition Upgrade license $160.95 a ..... k 334512 Avignon ACC7-5TD-TO-ENT-UPG ACC 7 Standard to Enterprise Edition Upgrade license $125.18 334512 Avigilon ACC7-STD-VER-UPG ACC 5 or ACC 6 to ACC 7 Standard Edition version U pgrade license $10.73 334512 Avi lionACC7-ENT-VFR-UPG ACC 5 or ACC 6 to ACC 7 Enterprise Edition Version Upgrade license $2146 334512 Avigilon IC-ACC6-COR ACC 6 Core license for up to 1 camera channels $67.96 334512 Avigilon 4C-ACC6-COR AGC 6 Core license for up to 4 camera channels $232.48 334512 Avigilon SC-ACC6-COR ACC 6 Core license for up to a camera channels $461.38 334512 Avigilon 16C-ACC6-00R ACC 6 Core license for up to 16 camera channels $919,19 334512 Avigilon 24C-ACC6-COR ACC 6 Core license for up to 24 camera channels $1,355 54' 334512 Avigilon 1C-ACC6-COR-STD-UPG ACC 5 upgrade license Core to Standard for 1 camera channel $82.26'' 334512 Avigllon 4C AC_C6-COR-STD-UPG ACC 6 upgrade license Core to Standard for 4 camera channels $304.01; 334512 Avigilon 8C ACC6-COA-STD-UPG JACC 6 upgrade license Core to Standard for 8 camera channels $611.60 334512 Avigilon 16C-ACC6-COR-STD-UPG ACC 6 upgrade license Core to Standard for 16 camera channels $1,212.48 ri334512 Avigilon 24C-ACC6-COR-STD-UPG 1ACC 6 upgrade license Core to Standard for 24 camera channels $1,824.08 13.34512 34512 Avigilon 1C-ACC6-COR-ENT UPG ACC 6 upgrade license Core to Enterprise for I camera channel $193.14_ Avigilon 4C ACC6-COR-ENT-UPG ;ACC 6 upgrade license Core to Enterprise for 4 camera channels $661.68 334512 1 Avigilon 8C ACC&-COR-EN7 UPG ACC 6 upgrade license Core to Enterprise for 8 camera channels $1,287.59 334512 Avigilon I 16C-ACC6-COR-ENT-UPG ACC 6 upgrade license Core to Enterprise for 16 camera channels $2,539.40 334512 Avigilon 124C-ACC6 COR_ENT_UPG ACC 6 upgrade license Core to Enterprise for 24 camera channels $3,791.22 334512 Avigilon 1C-ACC6-STD ACC 6 Standard license for up to i camera channels $13234' 334512 Avigilon�4C-ACC6-STD AGC 6 Standard Ilcense for up to 4 camera channels $475.69 334512 Avigilon 8C-ACC6-STD ACC 6 Standard Ilcense for up to 8 camera channels $947.81 334512Avigilon 16C-ACC6-STD ACC 6 Standard license for up to 16 camera channels $1,892.03 334512 Avigilon 24C-ACC6-STD AGC 6 Standard license for up to 24 camera channels $2,829.11 334512 Avigilon 1C-ACC6 5TD ENT-UPG ACC 6 upgrade license Standard to Enterprise for 1 camera channel $153.79 - . 334512 l Avigilon 4C-ACC6-STD-ENT-UPG ACC 6 upgrade license Standard to Enterprise for 4 camera channels $511.46 3451 ACC 6 upgrade license Standard to Enterprise for 8 camera channels 1,015.76 334512 'Avigilon 8C-ACCfi-STD-ENTpg p $ ACC 6 upgrade license Standard to Enterprise for 16 camera 334512 Avigilon 16C-ACC6-STD-ENT-UPG (channels l $2,035.10 — 'ACC 6 upgrade license Standard to Enterprise for 24 camera 334512 Avigilon 24C-ACC6-STD-ENT-UPG channels $3,036.55 334512 Avigilon 1C-ACC1k-ACC6-5TD-U PG ACC 5 to ACC 6 Standard version upgrade for 1 camera channel $10.73 'ACC 5 to ACC 6 Standard version upgrade for up 40 4 camera 334512 Avigilon 4C-ACC5-ACC6-5TD-UPG channels _ $39.34' ACC 5 to ACC 6 Standard version upgrade for up to$camera 334512 Avigllon 8C-ACC5-ACC6-STD-UPG channels $75.11 ACC 5 to ACC 6 Standard version upgrade for up to 16 camera 334512 Avigilon'16C-ACC5-ACC6-5TD-UPG channels $135.91 ACC 5 to ACC 6 Standard version upgrade for up to 24 camera ,334512 Avigilon 24C-ACC5-ACC6-STD-UPGchannels $171.68 334512 Avigilon 1C-ACC6 ENT ACC 6 Enterprise license for up to i camera channels $239.63 334512 Avigilon 4C ACC6-ENT irACC 6 Enterprise license for up to 4 camera channels $826.20 334512 Avigilon 8C-ACC6-ENT ACC 6 Enterprise license for up to s camera channels $1,fi38.09 'ACC&Enter rise license far up to 16 camera channels 3 215.39' 334512 1 Avigilon 16C-ACC6-ENT P $ 334512 Avigilon 24C ACC6-ENT ACC 6 Enterprise license for up to 24 camera channels $4,789.10 Contract.GS-07F-173GA ER Tech Systems Group Inc. Price List dated 07/29/2020 Telephone:(562)578-4964 Modification PO-0041 1 gso@broadcastsystemsinc.com Page 634 of 1269 __. _..._._ _... ..._ _.... ._................._._........ I i°8LL`IZ$ 11240J. p ruoo°auTswa;s6s�s�apeaxq�sa�es t96t-8L5(195) w i 1sul amo spa,mollod ....._.. ....� Ilsw-3 #OU04d 00°0$ (®/® l sale ........�.. .®.. ®.... ... ...... _................ ....... 's CEP 06.aoJ pgsn st aaEwiaso sig1,'asIsu swalgoad pinogs pazinbou aq,4mu qo!"slUuajew 6 pun aoqul leuorjeppu io sianpoid ponupuoasip`smaaaui gaud uaasa®jun apajow jou soup 31-u0gmtea2 IT°8LL IZ$ p q oq p Tq + c u.] c ALT. l�� n mo ua asp an � aasT oCa �us$a dwoa se a}swi�so s� zoE.quua s;ou`,f uo a�ewigsa ue si si I , jjehA age�O�aa�O£ ui q;jm Tuiod jea;uaa a 01 s;aauuooaa;uj PUB a.rempaeq guTlunom pa;ejaa 91 jje sopnjoul `Tium oaptn ao;juoua Z e jo uoi;uju;suj;)q;sapnjoux alonb siq L :a;ON SS°6£b`i jujojgnS sjutaalLm u01;ujujsul 61-Lot, 161'LOt i PDIujaa aaq;o puu `sanaais 91VD`snualse,d snoauujiaasiW 09'969 `99'69 OT uojssaaddns mins paupuu� jjunn-uj xewuued' snoauejjaosi 9L'9£8 £L'69 ZI pods q'3jq Xt solquo IW(IH paads-q'SjH W f snoauejlaaslW sivall Ian jLW uod® I' 99°8£S`61 ( jujolgnS t9'6S6`t £8°Ol T SL'tb (VSE))iageueui}oaCoa'j (VSD)as&eueu�;aaroad t9`696`17 ; £8°0iT 9L°tt (VSJ)Mlojuq'301.[010W (vSJ)goal,aa;sm t9°6S6`t £8-OT T SL'tb {zdSrJ)uutojugoal aa�sej�j (m)goal aalsu t9'696`t £8°0 i TSL°tt (VS0)aaautAug u21sa(I wgjs,CS ---q)a33u,8ug u3[saQ ival"S VOCLT-dLO-SJ#ZD-. JLK00 VSD Idol a;s uoildijosen wa;I . ........... ............. 9Zt££ I3`gaeag uoluho p2I alp}��iH StOZ 9Zt££ 'T.d`gaeag ua;u�o luauilsedaQ ao'lod 101 ajinS `pA uanlueno I0££ gaup uo;uxogio '14!0gaeag uo;u og3o�1j� a;I ;aafOad SSOjPPv!OWEN 6LL600CIDI 690££'13`goua ouedwOd ........................e _... ...____. ... IOZ az[nS `.and giZI Aktq SOZ S£££ OZOZ/ST/S a#sw!3s e4ea fes ,, v Page 635 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. #: 201386 P.O. BOX 310 DATE: 08/07/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 1863 SHIP TO: TO: MARTIN FENCE CO. City of Baynton Beach 862 13TH STREET PUBLIC WORKS DEPARTMENT LAKE PARK, FL 33403-2383 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 76893 ORDERING DEPARTMENT: ENGINEERING/CF/PAP DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: 0 012 5112 0 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 3740 . 00 DL ITEM 19-8' GALVANIZED FENCE UP TO 1.0000 3740 . 00 100 LF 2 1440. 00 DL ITEM 22-8 ' GALVANIZED END POST 1 . 0000 1440 . 00 3 480 . 00 DL ITEM 24-8' GALVANIZED. B&T 1. 0000 480 . 00 ASSEMBLY 4 15225 . 00 DL ITEM 104-6' ALUMNINUM FENCE WITH 1 . 0000 15225 . 00 3 FAILS 5 210 . 00 DL ITEM 98-FENCE MECHANIC 1 . 0000 210 . 00 6 90. 00 DL ITEM 99-FENCE LABORER 1 . 0000 90 . 00 7 804 .22 DL ITEM 99A-FENCE MATERIALS "BALL 1 .0000 804 . 22 CAPS" REMARKS: HIBISCUS PARK-PROJECT IS FOR AN 8' CHAIN LINK FENCE ON TWO. SIDES. OF BASKETBALL COURT & 4' DECORATIVE ALUMINUM FENCE FOR.. THE FRONT OF PARK AROUND THE PLAYGROUND AREA. : PROCUREMENT SERVICES .` P.O. TOTAL; 21989 22 ACCOUNT NO. PROJECT 303-4226-572 .63-05 RP2039 PURCHASING Page 636 of 1269 Coma, Skender From: Elliott, Corinne Sent: Friday, August 7, 2020 8:28 A To: Coma, Skender Subject, RE: 76893 Approved Corinne Elliott Deputy Finance Director Financial Services Mailing Address: F.C. Box 310 Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 561-742-6311 lliottC bbfl.Us Boynton-beach.org/ a rsinthe Making93, Ni 13 i V o, Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-maii communication and your e-mail address may be subject to public disclosure. From: Coma, Skender Sent:Thursday,August 6, 2020 2:19 PM To: Elliott, Corinne<ElliottC@bbfl.us> Subject: 76893 COI to 12/1/20. Thanks! Skender Coma Intern Financial Services Mailing Address: P.O. Box 310 ( Boynton Beach, Florida 33425 Physical Address: 100 . Ocean Ave. I Boynton Beach, Florida 33435 561-742-6308 CornaS@bbfl.us boynton-beach.org/ #100Yea rsintheMa king � t a13 1 Page 637 of 1269 Date: CITY OF BOYNTON BEACH 149i REQUEST FOR PURCHASE OVER $109000 8/6/2020 Requesting Department: Engineering Contact Person: Gary Dunmyer i ana tion for Purchase: Hibiscus Park - project is for an 8' chain link fence on two sides of basketball court & 4' decorative aluminum fence for the front of the park and around the playgound area. eco ended Vendor Martin Fence Co ;liar ount of Purchase $21,989.22 urce for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy-Back Sole Source Emergency Purchase Other Contract Number: 001-2511- 0- -1 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Sourcefor Purchase: 303-4226-572-63-0 13 Approvals: ,Department Head ate :: AM Purchasing Agent Datey - Asst City Manager Date City Manager Date Form Revised 62/01/02 Page 638 of 1269 MARTIN PHONE: 561-84,8-2688 e FAX: 561-848-4466 12FENCE CO. : 1-877-777-321 - 862 13TH STREET, LAKE PARK, FLORIDA 33403-2383 www.Mart!nFence.com L I TO: e • Q_)YToN.D-F,, PLJBLICw0 _E.ENGIN RL rG IIIAISYCLJS RUM AddressPC7 BOZ X10 660 Sal 1STAVE City dN BEACH 33425 BUl N'1°UN I31iAC 11334wb _ Ilona .742 ms 8'CLP=93.5° - - - _. in _ _ T l g hlr - ° t c .CARL rU 1 _- Email 2"X 9 Gel S%"ICI'G_4LV. - enC - . 3 C11.h1VN1CIP.U,iLA BI. T all Follow Countour a Up uc l Top _ r Il VX 1.$",aITE BLK 3.5^3i SM X T•6R11- I i, (yam Lin o w 5" .125,X T M k BLK 3 X X 11'GAL17. ._.. . _ Cor. is zs°. .x_-rm5= L__K ° Gate Posts N . Gates I� Tension Wire AQ o:, _ , Core a Drills I Exclus`ons ;CI.FAR7NG_GRADIMG..sa„__ IN ACCORDANM WWI CITY ROYNTON REACH BID N0.001-2511-20/Ell bAGKd°il.Ia„.q'UA1P GRINDING.GRUBBING, 1722 19.B'GALVANIZED i�F.WE UP TO 200 1,11 1+3,5LF.k-$V=PAW ITEM 22:8'GALV..INI D END POST EA.X;240=0440 SURVEYING- u �m I 24:8'CtUVAN=B&TAMEMBLY 4 EA$120= Customer uthoriZ s the 1 104:6`ALUhrINUAi FENCF W/3 RAIDS 344.5 LF X$50=$15125 Installation of fence f n nMNI FENCE 1JECHANIC 2 MON X 3 FIRS h$35=$210 iTMI 99:FENM IABORER I.VMN X311ES Ji 130=S accordancesketch ITEM 99A:FENcEALMMu"BALL Q05" 1309 Y 58Su=$304.22 my attached specificationsn Total Pricy 2198922+ , _ IF__ CaBLE x, live t agrees to assn all liability L Deposit _.. Week of wi ARo and responsibility for accuracy f sketches. C.O.D. on Completion $ZLPS9.2z This contract subject to Terms and Conditions on reverse side. Oral represen- i ns cannot be relledn, No modifications to this contract will be honored j unless in writing and signed by both parties. Fax andemail communications are acceptable. All fence lines must be cleared by customer or a feewill be c — $75 per man per I n ...___M.... hourlminimum of 1 hour. I hereby a owl a satisfactorycompletion of above rib work. Per Customer Page 641 of 1269 MAIRFE-2 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1 212 612 01 9 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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 endorsements) PRODUCER 772-2864334 0 TACT Margaret Kress Stuart Insurance,Inc. PHONE............1.".7.7 1 2--286.1"1--.4 11 3.1 3 1 4 11.11.11.11.11,11111-1.11,11,11-1.11,11,11,Ill""I'll""-'I .11,F 11 AX 1111111-.1111 772-286-9389 3070 S W Map (A/C1 No,Ext): Palm City, FL94990IAIL m kiess@stuartinsurance-nei JP Patrick McGlon ............... ............... INSURER-SI AFFORDING COVERAGE NAIC# -------------- INSuRER A:Owners Insurance Corn any 00 .. ........ ------ ------ ............ ..................... .................P........ .................................... NMI:E� lNsuRERB:Auto Owners Ins Co 18988 I't ace Co. ---------------------------------- ---11..............- ................................ 86213t Str( BrIdgefield Employers Ins.Co. 10761 V JNSaRIERC: Lake Park, F 33403-2306 ----...............------------- ,.!N-k ;�: I'll............I------------------ .......................................................................... INSURER-E.: ---------------------------- INSURER F: COVERAGES CERTIFICATE NUMBER: 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' FF -LIR. POLICY EXP LIMITS TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY 1,000,000 '9Aq!j_OCCUFTIENqE...................... ------------------ CLAIMS-MADE I r 1 1 OCCUR 72582429 1210112019 1210112020 DAMAGE TO RENTED 300,66b ........................................... MED EXP;)",!_qneA,*mop_, 10,000............... PERSONAL&ACV INJURY 1,000,000 ------------- GENTL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000O • - POLICY JPFRCT LOG 2,000,000 0TH lEmp Ben. 1,000,000 ER' —1-- ACOMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1,000,000 il-A plx�dnr'( 'I X ANY AUTO ± 4128478803 1210'112019:17/0112020�BODILY INJURY 1perparsonl .......... OWNED V SCHEDULED AUTOS ONLY AUTOS BODILY INJURY, erecdclerill, I 7ROPER DAMAGE X IIIRF611 NOT11O 4ED Per ..Z'nt� ALIT ONLY A ONLY ------------ B Xt 4,000,0001 UMBRELLA LIAR X:OCCUR EACH OCCURRENCE I - - — --------- EXCESS IUAB CLAIMS-MADE, 4128478802 1210112019112/0112020 AGGREG 4,000,000 __ATE ............... DIED RETENTION$ C WORKERS COMPENSATION x :PER m OTH- 1 AND EMPLOYER&LIABILITY I IA7 '71 ANY PROPRIETC)RfPARTNER/EXECUTIVE YIN 83041150 03101/2019!0310112020 E.L.EACH Al��CIDENT 1,000,000 OFFICER/MEMBIW EXCLUDED? NIA i 666--11111111111 iMandatory In NH) 111 BKT WOS E.L.D SEA!-,E-EA E M P E-'!1 '000 d;= _F.R�K� 1 1111111.-- 'D'LIS'R '& 1000000 VF E.L. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mom space Is raclulred) Ci of Boynton Beach,its officers employees and a ents.are included as autional insured where required 6y written contrac? CERTIFICATE HOLDER gANCE .LLATION CITYB-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE GANC ELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. 3301 Quantum Blvd,Suite 101 Boynton Beach, FL 33426 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) (D 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 642 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. 201395 P.O. X DATE: 08/11/20 YNTN BEACH, FLORIDA 33425-0310 VENDOR 10788 SHIP TO: TO: AXON ENTERPRISE, INC City of Boynton Beach 17800 NORTH 85TH ST POLICE DEPARTMENT SCOTTSDALE, AZ 85255-9306 2100 HIGH RIDGE RD BOYNTON BEACH, FL 33426 REQUISITION NO. 76782 ORDERING DEPARTMENT: POLICE - ZS DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 3 . 00 EA FLEET 2 UNLIMITED WITH TAP 1548. 0000 4644 . 00 PAYMENT VENDOR ITEM NO. - 80217 2 3 . 00 EA CRADLEPOINT'IB 90.0 = :3.200M NP:S+5 1509 . 0000 4527 . 00 YEAR NETCLOUI7 . ........ . .... ESSENT (PRIME) . 3 3 . 00 EA FLEET EVIDEN.CE.COM.UNLIMI'T'EID . 0001 .00 STORAGE . ...... ......... VENDOR :ITEM: NO. 80214 4 3 . 00 EA AXON FLEET 2 KIT .0001 .00 VENDOR ITEM NO. 71088 5 3 . 00 EA. TECH ASSURANCE PLAN. FLEET 2 KIT .00.01 .00 WARRANTY 6 3 . 00 EA: CABLE, CA'I'6 ETHERNET 25 FT, 001 .00 FLEET VENDOR ITEM NO.- 74110 7 3 . 00 EA CABLE ASSEMBLY, POWER HARNESS, .0001 .00 FLEET 2 VENDOR ITEM NO. -. 71100 $ 3 .00 EA FLEET ROUTER ANTE: A, COMPACT 270 .0000 810 .00 S-I: -.1 BLACK VENDOR .ITEM NO. - 71200 9 3 .00 EA FLEET VIEW XL ACCESS LICENSE .0001 . 00 VENDOR ITEM NO. - 87.0:50 10 3 .00 EA STAND ' `D FLEET INSTALLATION (PER 1200 .0000 3600. 00 VEHICLE). VENDOR ITEM No..- 74063 REMf-AKS: ZjjD .: ca ems. PROCUREMENT SERVICES: "' ° P.O. TOTAL: 13581.00 ACCOUNT NO. PROJECT 001.-2110-521.64-15 PURCHASING Page 643 of 1269 PURCHASE CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. 201395 P.O. BOX 310 OYNTON BEACH, FLORIDA 33425-0310 DATE: 08/11/20 VENDOR 10788 SHIP TO: TO: AXON ENTERPRISE, INC City of Boynton Beach 17800 NORTH 85TH ST POLICE DEPARTMENT SCOTTSDALE, AZ 85255-9306 2100 HIGH RIDGE RD BO YNT ON BEACH, FL 33426 REQUISITION NO. 76782 ORDERING DEPARTMENT: POLICE ZS O DATE NEEDED: CONTRACT N7COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST YEAR 2-5 $4, 644 PER YEAR TOTAL OF $18, 576 QUOTE #-262204-44033 . 780ML PROCUREMENT SERVICES. " P.O. TOTAL: ACCOUNT NO. PROTECT 001-2110-521.64-15 PURCHASING Page 644 of 1269 0 C3 i I N CW a I W re ri M W I I N N I 3 r r 1 I f I f O O O O b O o O O 0 9 0 W W E I I �� r .. . • ® ® �. F4 I i 60 LST OD6D LCt q S I 1 tlI M gIt J 1 H f Q 1 1 j a 1 1 W I I Q I I I I I I I I I I I I •• I I I I z I I a d d 0 0 0 ® 0 O O E U Z W 1 1 ala e W 0 I I O d CS b O d C? 0 O0 ZE+BJ I I 0 0 0 0 d d O 0 0 O �C I 1 ri r1 H ['$ r-I ri ri ri ri ri H 1l w , � l I H I I cv H Eq a Hu, i 0 m W no , o r H Ui H n W W yt a z + d i i W 1 H H w + !+a a 'A m 1 E W r £ 1 ib U E ZD mU7 li a W ' qq 1 O 0 H +i eZ N H C14 W N a Hi iH Fi U K5 + i d W 3 I N ix Q F4 H a A 1q ai H i O H U] U] 1 O W 10 I 1 N A a ad al at aJ a1 04 H s i H HHE11-BE HPH�I H H HEIR a:. E .. ®a`T. r E aWaa aWa wa B 0 COMOWW W O W 1 ' WEW�WEWE WEWW4WEWE E I 1 pa aJ aJ al Pe ae N 04 PA a O m 1 ' QHOHQI-t H HgmH� HQH HQH I 1 CO CX a a a a a a a 6Y H O m 1 6 S+ }+ }+ .w �l+ 3+ ?+ YI 7+ 9+ W cai2. I 1 h'iaR`�a:C�BxC�aaa�aa�aaa I 1 H H H HH-1 }-i OH H`7H H H HO UEU.r',U�„UUUU1�C2�U�`U tf2 A Ort I i W ® O V 0H® M010 O �JmT t 1 . Q mo W W t J3 H L U U I i W H H 4a 0 11ti : 1 In to t11 In In to 0 E � a t m BBD Q 0 I 1 r4 r4 ri ri A H r i H ri H W a aB 0}I I l l0 i0 tD L4 l4 GO l[Y W 1p 4p Gn ^> Cxi I t ri ri ri H ri ri ri ,-9 N ri a 11 W 0 W O 1 1 111 in uT uT m w In Ln LO Ln Cr7 O w Q I I H o O O CS Q O 0 0 0 0 E H I 1 M e-i .-i H r+ rB ri ri ri ri ® E I 1 rl rl ri ri ri ri r4 el H HO [4 �4 W v H V ae 1 I O N N N N N N N N N N U v ID Ste' QLP E OH 1 B U I rA H H ri rl ri " H ri ri SJ �} 1-4 IA P4 I B U O O O O O O O O d 0 mpp U I I y o o e3 n o C3 ca o 0 o O U 41 tai :7 E+ W s o H to N H iaan va C4 Od H a r a rd N 1®F d rn LIJ r IA o1 o WH u w V2 HC4 i I H rB B aU � W �7 I f7 a V03 H Aj a rA M}+ i Page 645 of 1269 O O 1 I I N N I I 1 1 H I I 1 W W I I 1 Q 1 1 I B 1 }H Q O C3 O M B 1 H a O Ih Yp 1 i z i N N O H H N O 0 1 1 W e C3 a H tll H H t- v 1 1 W r'ti^ 1OD h C^' M C" co L- 1 1 1 1 1 H 1 1 W 1 I 1 Q 1 I 1 1 I 1 1 Ez 1 1 ZW q 1 1 I 1 1 I Z 1 1 I 1 •• 1 I � 1 1 I Q I 0 1 Q 1 I I z 1 1 I W 1 H im PH I O 0 a O a O CS O O a O I `T 1 O _�. d ! °U 1 Id. N 4 0 H v N s-d O OD I I [} W I dE M m I I COY u W CjJ I H I I H Q HH i o o ,-a A .-1 14 H 0 i O a o o z N HU) I O a O O O O O O 0 O O B BO I O a 0 0 O a O O O O z O I Q U I O O a o o a O C3 O o E O 0 I l0 P q H B H n W 1 m m a O H H ri 1 a B N I17 N N z 0 111 I H O I r1 H ri 0 H M 1 1� C'3 1 H D H I a Wrm1 H a I ara W I H W I H OD 1 to 0 R1 H WQ W Q f W W W W W C� ! B ® z .1 "'4 e.J 1 [i� 1 I r4 hJ Opq }+ 1 o n ® o 0 0 0 0 0 a a z a H xz H B a O O a O a 0 O a a I 1 K P QE W HI . . •9 I I H H ° 1 8®1 M 1"l M. M 14 M M M I B o E-4 z I I B E4 E-� WPI J I I I H A a Q I V W y W 1 I : 0 O W U 1 1 ® I U PI m V4 M 1 1 pus ® r>° iT > N r ^rti r> H J 1 1 a W� Cs W. 04 xL14 I 1 W Wm 04 Wm Wm WWf1S 1 [x7m Wm WWul 1 ON ON mW: "�u1W mW WmW zMM mW 9mW 1 H H H E i H 4 H H H H HWOO 0 WO OO P40 P�4 MOO D4WO 8 00 94 9W4 1 1H404 mN + HPI �q HpW� HpN PHM WH0.E HRE Ln HFQj HN 14H114 i 1 QdD pl t:) 9F+ aV .HiaW DE90SP1 HQE✓ goaWn 1 mmm Z MW OMM MM MM MW www ONO MMM NO 1 a E1. W mOs 0 fVr+ &, La Was F1°ea m1°4 "✓Ztia 1 Y a G' Ib H 's 1s P La 'a QI 'a z Eb V ' 1 V] I �Ga a 0 Hb Is Ht8 W Ib Is xis W� H� 1 N 1 H�.E PI 0 CYE Z a N W N H H H PH MPH [�N a O CYI [,1 LO F�j[�a 1 H z0 a�-E?.ao ZEE°7 PZo"3 N'Zlr zNO U P, 04zEJ I-•I°I�."1 1 U U 1 3 W HPH PHO B HW i-�FCW W W.gJy- W NOW NOW PHO WHO 40 U]HW HOt HW 1 H H 1 W a W ^y W W W W O k7 R W W G7 m W A 14 1 QNU O au ONO 040 0.EU NU NCLU Wmu ONO EzmU 1 O O 1 WHH 0% HH UHH HHH CLHH MHH HH HHH UHH HHH t HR17 a QE7 Oo-7 Hp.4 ESA �A pw1 ryry��-�QE� c�.50 `J.] QE 1 H DO W waa W a0 M CY0 W aq �® `r•4IPss O W BY 00 dQ Hao I 1 XWp+ HWWaI UMN w UWPP WWa 1-1Mcw WPI 4MN WWPP I yl "j 1 H mu z N.. .. W a.r.e m W I Lp .. .. �.... Fa .... I E1 1 HO HNE-00 1., 10, M FE WHE E�O AHO WHO EO WFEO �H�O ' m 0 H V PE I NQ WPA[I Qpp W06 /.7Q _,y0� -00 00 X00 QE X00 C70 I G H P x I P 8 I�,NEQU PRO No 00 U W U WEU H U H CJ t3 1 V W U I W W w p� ZE NEW W Ill W pq W pq T-.�p 1 H O ul E WOQ wo W®,7 Oo 6700 O O mO wmu H 1 sEi7 H W I OL)m mum Oum �iUCA Mum CJYI1 Um /• w 4vto HUm I a Q I Ge U W fxE E'T Hd kE L/1 1ft W a I 9 x1 W Z a 1 H N (+1 dE Ill to C'° m QY O I z m H 1 8 H I Page 646 of 1269 T - CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER y 000 Date: 7/23/2020 Requesting t: Police ContactS. Stewart Explanation forPurchase: Police vehicles equipment with cameras reach end of life for have had numerous corrupted files that couldn't e recovered. This camera automaticallylinks to our current body camera to provide enhanced viewing, evidence and our capabilities during investigations. [Kecommendedo nterp Amount of Purchase13,581.00 - Source c (check and attachc il ): Three Written Quotations GSA State Contract PI RESPECT SNAPS Sole Source X Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund SouIce for Purchase: 001-2110-521-64-15 Approvals: r rF Department ead '� � 4 � ate e Purchasing Agent z, Date : 12(--) a Asst City Manager ° Date City Manager Date Form Revised 02101/02 ,F i Page 647 of 1269 Year I (Continued) Itarn Descr*tlon (Monffm) Tenn Quantity List Unit Hot Unit Prim Tobd(USD) Price Servkm 74063 STANDARD FLEET INSTALLATION(PER 3 1,200.DO 1,200.00 3,600.00 VEHICLE) I Subtotal 13,581-DO Estimated 0.00 Shipping EstlmatedTax0.00 Total I 1 13,581.00 Year 2 Run Description Tenn ListQuantity st Unit Not Unit Prko Total(USO) (Months) Prks Axon Plans&Packages 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT 12 3 1.548.00 1,548.001 4,644.00 Subtotal; 4,644.00 Estimated Tax 0.00 Total 4,644.00 Year 3 ftern Description (Months)Term Quantity List Unit Not Unit Price Total(USO) Prim Axon Plans&Packages 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT 12 3 1,548.00 1,548.001 4,644.00 Subtotal 1 4,644.00 Estimated Tax, 0.00 Total 4,644.00 Year 4 Rom Description Twwn Quantity List Unit Not Unit Price Total(USD) (Months) Price Axon Plans&Packages 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT 12 3 1,548.00 1,548.001 4,6".00 Subtotal! 4,644.00 Estimated Tax 0.00 Total 4,644.00 Year 5 Itern Descriptim Term Quantity List Unit Not Unit Price Total(USO) (Months) Price Axon Plans&Packages 00217 FLEET 2 UNLIMITED WITH TAP PAYMENT 12 3 1,648.00 1,548.001 4,644,00 0-262204-44033.780ML 2 1=1' Page 648 of 1269 A XO N Summary of Payments Payment Amount(USD) Year 1 13,581.00 Year 2 4,644.00 Year 3 4,644.00 Year 4 4,644.00 Year 5 4,644.00 Grand Total 32,157.00 Q-262204-44033-780ML Page 649 of 1269 VEHICLE OVERVI err cusro Headquarters ton Beach Police Dept.-FL Tool Confiur Vehicles • 3 Total Vehicles this Configu n Vi CaptureSources Axon Came,a 6 Total Cameras Deployed • 1 Axon Signal Unlas)Per Vehicle Mobile Date Terminal Per Vehicle _ Signal Unit • 1 Located In Each Vehicle Mobile Router PerVehicle • 1 Cradlepoint IBR 1200 OffloadMachanism In-Car Router • 40 LTE Cellular Evidence Management System Battery Box • Evidence. SYSTEM CONFIGURATION I The following sections detail the configuration of the Axon Fleet In-Car System Vehicle Hardware 2 Axon Fleet Cameras will be installed in each vehicle 2 Axon Fleet Battery Boxes will be installed In each vehicle Vehicle 1 Axon Signal Units will be installed in each vehicle 1 Cradlepoint IBR900-1200 router will be installed in each vehicle Axon Battery Boxes The battery box provides power to Its connected camera for up to 4 hours allowing for video offload while the vehicle ignition state is OFF and the MDT is connected and available. ,a. Signal Actlivation Methoft When triggered,the Axon Signal Vehicle(ASV)device will activate the recording mechanism for all configured Axon cameras within 30 feet of the vehicle. M*blle Data Te nal Each vehicle will be equipped with a Mobile Data Terminal provided by the customer. Operating S to :Windows 7 or Wind 10-x32 or x64 with the most current service packs and updates Hard Drive:Must have 25GB+of free disk space RAMNernory:Wind 7-4GB or greater I Wind 10-8GB or greater Mobile Data Termilinal Ethernet Pott:The system requires the MDT to have one dedicated and available Ethernet port reserved Requirements for an Ethernet cable from router.The Ethernet port can be I ted on an e1 ronic and stationary mobile docking station.If a docking station is used,It Is the preferred location for the Ethernet port. WI-Fl Card:The system requires an 602.11 n compatible Wi-Fi card using 5Ghz band. USB Ports:If the computer is assigned to the officer and does not remain with the vehicle,then the number dongles ordered should equal the number of officers or the number of computers assigned,At least one dedicated and available USB 2,0 port for the Fleet USB dangle USB Port on MDT or Dock. Q-262204- 4033.780M L b Page 650 of 1269 Professional Services,&Training Axon will assign a Project Manager that will provide the expertise to execute a successful Fleet camera deployment and implementation.The Project Manager will'have knowledge and experience Prqsclt Management with all phases of the project management lifecycle and with all application modules being implemented. He/she will work closely with the customers project manager and'project team members and will be responsible for completing the tasks required to meet all contract deliverables. Axon will be performing the histallation of all Axon Fleet vehicle hardware.Installation services purchased from on include a'clip"and removal of existing in-car system hardware.This does not include"full removal"of existing wiring.A'full removal'of all existing hardware and wiring is subject to additional fees.Axon provides basic Fleet operation overview to the customer lead and/or Admin at the time of install. Clip vs Rip installation removal: 0 It is necessary to differentiate between the type of equipment removal to be provided by Axon. Standard Fleet Installation includes hardware removal in a fashion considered "Clip"which means Axon cuts the wires from the old system without removing multiple Vehidle Installation panels, removing all wiring and parts from the old system. In the case Axon removes the hardware on is not responsible for the surplus of hardware or any devices that may have been physically integrated with the removed system. In some situations, radar systems are 1 ntegrated with the in-car video system and have a cable that connects to the system,if Axon removes the old in car system then Axon is not responsible for the radar system as part of the removal. 0 A'Rip"removal should be contracted through ProLogic directly.The Rip would be similar to a complete and full removal,which is more common when they retire a vehicle from service. I Axon Signal Units have multiple trigger configuration options.Any trigger configurations that include a door or magnetic door switch are considered'custom'and may be subject to additional fees. An Axon representative has discussed with the Agency the standard triggers of the Fleet System. Cu Trigger Those standard triggers include light-bar activation,speed,crash and gun-locks.The light-bar must lnst&Natk>n have a controller to allow Axon to interface for the desired position,gun-locks must be installed with existing hardware in the vehicle.Doors are considered'CUSTOM'since they required additional hardware and time for installation,typically requiring the door may need to be taken apart for the installation. End-user go-live training provides individual device set up and configuration assistance,training on Training device use,Evidence,com and AXON View XL. End-usergo-live training and support is not Included in the Installation fee scope. -252204-44033.780 NIL 8 Page 651 of 1269 Tax is subject to change at order processing with valid exernoon. Axon'sIConditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www. v n.com lallsales_termsand-c ondifions),as well as t attached Statement of Work(SOW)for Axon Fleet andior n Interview Room purchase,if applicable.Any purchase order Issued in response to this Quote is subject solely to the above referenced terms and conditions.By signing below,you represent that you M lawfully able to enter into contracts.If you are signing on behalf of an entity(including but not limited to the company,municipality,or government agency for whom you work),you represent to Axon that you have legal s o*to bind that entity.If you do not have this author tty,please do not sign this Quote. Signature: Date: Name(Print): Titles ( r write NIA): Please sign and email to Laura Egan at legan@axon.00m or tax to Thank you for being a valued Axon customer.For your convenience on your next order,please check out our online store porn The trademarks referenced above are the property of their respective owners. *"Axon Internal Use OnTy"" S FDC Contract M Order Type: R : . _ Address Used: Review 1 Review _2 SO#: Comments: 0 L 10 w Page 652 of 1269 PURCHASE ORDER bCITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. #: 201408 P.O. BOX 310 DATE: 08/13/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 16460 SHIP TO: TO: CENTERLINE DRILLING, INC. City of Boynton Beach 1696 OLD OKEECHOBEE RD. PUBLIC WORKS DEPARTMENT STE 3C 222 N.E. 9TH AVENUE WEST PALM BEACH, FL 33409 B0YNTON BEACH, FL 33435 ._� ® REQUISITION NO. 76946 ORDERING DEPARTMENT: PARKS/ALGA/DW/AM a DATE NEEDED: CONTRACT NO, COMMISSION APPROVED: — EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIP'T'ION UNIT COST COST 1 10000 . 00 DL 4" PVC W/20FT OF SCREEN 1 , 0000 10000 . 00 IRRIGATION WELL UP TO 200 FEET (INCLUDING SURFACE CASING IF NEEDED) (ANY FOOTAGE OVER WITH BE BILLED AT $45.00 PER FOOT) 8 HOURS OF DEVELOPMENT INCLUDED (ANY HOURS OVER .8 WILL :BE BILLED AT $22.5 ,, 00 PER HOUR) 2 6500 -. 00 DL SUPPLY & INSTALL GOULDS SUB MOTOR 1 . 0000 6500 . 00 5HP 230V 4" 3PH M50432 W/GOULDS SUBMERSIBLE PUMP 14STG 5HP SIZE 4" INCLUDING CONTROL BOX, CERALOK DROP PIPE, CERTALOK STAINLESS STEEL ADAPTERS AND POWER CABLE 3 350 ,. 00 DL PERMIT, WELL .COMPLETION REPORT & 1. 0000 350 . 00 ADMIN FEES WATER USE PERMIT BY OTHERS REMARKS : INSTALL WELL FOR IRRIGATION AT NEW P.D. PIGGYBACK CITY OF CORAL: SPRINGS CON'T'RACT #16-B- 062F x� _ m,...._ PROCUREMENT SERVICES: P.O, TOTAL. 16850 - 00 I ACCOUNT NO. PROJECT �I 303-1214-580.62-01 TSKID PURCHASING Page 653 of 1269 N C14 b co to El C� 00 0 0 0 1: on Lr) Ln 01 LIn M 0 w %M 14 H C> E-4 UPI 0 0 0 C) 0 1-4 ril C� 9 9 9 9 1 0 C) C3 8 <D In C3 1 CD CD IN C> 0 M Ln 'A 11 rq 0 0 u) CD C> ko ILD F-4 El E- I - 0 LO W F.4 w I 0 0 C5 0 0 : 05 O 4 0 W u) M 98 0 C) C3 C3 CD C3 Eq C) Z M M M 0 1% M CD U P I F-I 0 I Q 1 a Of Ol rD 1 0 L) Z �q 111 0 1 Q Im Ol z 0 11 1 W F-4 �-a H 04 : z Osla 0 00 0 N M E-4 U2 H w In C) P E4 H QFP PL4 2: cri0 Ln M H In cp M w w im z I B H hi 0 C3 rx MH va I IV 1-4 Q z vj� N F r14 0 rk4� 0 W a4 W. w [i E-4 N ma rA H M >Vp0w W P M to ul H I Om M 1� rA on OIl N z E H 1-4zw 0 NI N O 014 NE 0 OHO bd z Mp a H N 0 > 14 P4 MLn w Ul En 2 P4 E� QWHW H H H F-I H ^'.wW 4 w ow �pgw P -3 rjl In E4 ONH n CX04 E EMXNNZ IX X H MW M WOF4MM 0 WW N134 p 134 E-4 L) WQQ4H �4 HUP4 zc>6H>i Ho 'A. 'M'l M,sj, 1 Mq,4aha40 N r zp C5 w woo w N w i HH � H CIO 0 H P, U3 W ra E-4 t= 2 BID N z F-1 - rM NNnHZ6 MWOZZ 0 E MMPQFnmlm �Q HO SOHO r4�i N F-I Dim Til Ulu x MC4 p douoVp EAHp M 4 -T r.0 z 04 R 0 4 8AM 0w 0 h to n4�1H,14 HO N9 4",ZMHH E E�H H 0 CD 0 p 0H0 F4 M F-i 4:3� 814�l N cN 04 N I E-1 P4 >M BIN, �N 9 HZ 1R. M C, �JD ILD w 8, w RMIMH N H en CD 0 fe Fq 0 F4 �3 rA QD Go w w MW 0 RV U E4 14 pi Ln Ln Ln R.19 0 1 CNI P4H�;� M OH 14 E4 H 1-0-- OMP H HO M m QO -, r-, of P 2,D P H ISE (N •IN Cq 8 �H M Illi N wm Ln 10,"Q L21 OH E 0'1 rA 'A E-1 0 u 'R8 rid 1 rn H A lx o E-4 00 1 um MMMOO �q U s-4 P4 M r'j :4 U �OW04 U 4 d ma 124 M m M 0 H N LQ ON ON EM4 o H X N 04 W O� Hmuul 14 u ril E-4 uw -;p tD 04 00 M ul RPM L) 4k M M F40 I D3 >4M M ZIX rn 1-4i H N M f Hr-i 8.1 Page 654 of 1269 DATE(MMMDNM ACC>RV CERTIFICATE OF LIABILITY INSURANCE 4/28/2020 THIS CERTIFICATE IS ISSUED ASA 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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). N [PRODUCER CONTACT SUNZ Insurance Solutions, LLC. ID: (Howard) NAME:_ Sandra Kelly- c/o Howard Leasing Inc. PHONE FAX 0 941-761-7704 6302 Manatee Ave.W IL r skelley@howardlea Bradenton, FL 34209 ADDRESS: _sIrIg! c.00m P........................... INSU T11(s)AIFFORDING COVERAGE NAILIt INSuRrERA: SUNZlnoaC pany - sura rl INSURED INSURERB: Howard easing, Inc �NBURER C�' ........... ... ..................... Howard -easing 11, LLC.Howard Leasing III Inc.; Howard -easing IV, Inc. Howard Leasing V, Inc. INSURER 41; .—...l-.. ............. 6302 Manatee Aven ue West, Suite K INSURERS: Bradenton FL 34209 .._.._......1 INSURERF: . .. .... . .......... — COVERAGES CERTIFICATE NUMBER: 55239428 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, ----------------- ------ AbbLSUDO; ,_.____. ....POLICY EFF TYPEOFINSURANCE 1M%NDDrrffA LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ nAmar.-Im Rovv'b CLAIMSMADE 1:1 OCCUR cccurrer�-] MED EXP Anyone Person) $ ................ ........... ................... PR So_ �ADV INJURY $ ............ PEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl LOC JECT PRODUCTS_-CRMPIOPAGG, 1$ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLff_U_Mff $ ANY AUTO BODILY INJURY(Per Person) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Par ixclftnt),$ HIRED NON-OWNED �FMDAB�� $ AUTOS ONLY AUTOS ONLY ............... UMBRELLALtAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE ............ ..............____ .-A DED RETENTION t 4- A WORIMRS COMPENSATION WC013-00001-020 51112020 51112021PER 0R - ✓ AND EMPLOYERS'LIABILITY STATUTE E ANYPROPRIETORIPARTNER/EXECUTIVE YIN WC01 3-00001-019 511/2019 5/l/2020 OFFICERIMEMBEREXCLUDED? F_N];NIA ACCID ............ (Mandatory In NH) .............. If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 111000�000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Ad0donal Remarks Schedule,may be attached If more space Is requrred) Coverage provided for all leased employees but not subcontractors of:Centerline Drilling,Inc Location Effective: 1214/2012 Project Location:Palm Beach County FL CERTIFICATE HOLDER CANCELLATION 1237 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BEC CELLED BEFORE Ciof Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10 E.Boynton Beach Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Boynton each, FL 33435 AUTHORIZED REPRESENTATIVE ......... Rick Leonard ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and[ago are registered marks of ACORD 55239428 I Hawa=ki Leasing PEO 013 MASTn CMT Rosemary Young I 4/28/202D 5.54331 PM IMT) I Page 1 of 1 Page 655 of 1269 Elliott, i From: Miller, Keyla Sent: Monday,August 10, 2020 3:10 PM : Greco-Arencibia, Adriannae Certificate of Insurance Cc: Javier,Andrea Subject: E: Centeriine Drilling - F : GL,Auto, and WC COI, Letter&Contract Attachments- City of Boynton Beach -WC Exp 05-01-21.pdf, City-of-Boynton-Bea_Centerline-Dril_ 2020-2021-Maste_3-23-2020_995833807_1.pdf, City-of-Boynton-Bea_Centerline-Dril_ 2020-2021-Maste_3-23-2020_2113013296_1.pdf Approved by Risk Management. Keyla Miller, MHA,ARM-P, CWC Manager of Risk and Wellness Human Resources and Risk Management Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-742-6271 j MillerK@bbfl.us boynton-beach.org/ 100Yearsinte akin !r - Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records lave, email addresses are public records.Therefore, your e-rnail communication and your e-mail address may be subject to public disclosure. From:Greco-Arencibia,Adrianna<Greco-ArencibiaA@bbfl.us> Sent: Monday,August 10, 20201:59 PM To: Certificate of Insurance<COI@bbfl.us> Cc: Miller, Keyla <MiilerK@bbfl.us>;Javier, Andrea<JavierA@bbfl.us> Subject: FW: Centerline Drilling-FW: GL,Auto,and WC COI, Letter&Contract Good afternoon, Could you please review the attached COI & WC and I they meet City requirements. Thank you 1 Page 656 of 1269 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and vour e-mail address may be subiect to public disclosure. From: Greco-Arencibia, Adrianna Sent: Thursday, August 06, 2020 3:04 PM To: 'ctriinedrilling@aol.com' <ctrlinedrercillinct aolacorn> Cc: kimfederer rnaill.com Subject: FW: Centerline Drilling - FW: GL, Auto , and WCC I, Letter& Contract Importance: High Good afternoon, We received the attached C01 certificates in 2019 and they have since expired. Can you please send a revised copy of them? Kim, You sent me the attached letter and contract which expired in duly. Was the contract extended? If so, can you send me the new contract and revised letter? We are in the process of requesting a purchase order for your company but cannot continue without the C01's, contract and letter. Thank you From: ctrlinedrriillriinq@aol.com <ctrlinedrillinggggL=> Sent: Monday, August 26, 2019 8:39 AM To: Greco-Arencibia, Adrianna <Greco-ArencibiaAL1-,bbfl.us> Subject: Re: Centerline Drilling - FW: GIL, Auto , and WC COI -----Original Message----- From: Greco-Arencibia, Adrianna<Greco-ArengibiaAi,'FYtLbfl.us> To: Kim Federer<kinifederer@gMaiLcom> Cc: 'ctrlinedrilling@aol.com'<ctriinedrillinarda)anI com> Sent: Mon, Aug 26, 2019 8:23 am Subject: FW: Centerline Drilling- FW: GL, Auto , and WC COI Good morning Kim, I sent the below email and have not received a COI from your company, the attached COI's are expired and we need a revised copy. Would you be able to assist me with obtaining one? 3 Page 657 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #; 201409 BOYNTON BEACH, FLORIDAD33425-0310 DATE: 08/13/20 VENDOR 18240 SHIP TO: TO: AABCO STORM SHUTTER MFJ, INC City of Boynton Beach 1399 SW 38TH AVE #5 PUBLIC WORKS DEPARTMENT BOYNTON BEACH, FL 33426 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 76845 ORDERING DEPARTMENT FAC GM SKB DATE NEEDED: CONTRACT NO COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 22359. 00 DL FURNISH & INS'T'ALL 14 CODE 1 , 0000 22359. 00 ACCORDION SHUTTER Price includes delivery, engineering, remove and haul away the old shutters, remove and patch w/ 3 warranty. REMARKS: FURNISH AND INSTALL 14 CODE ACCORDION SHUTTER AT ICP ..as.. PROCUREMENT SERVICES: ' fd • a P.O. TOTAL: 22359 00 ACCO=T NO. PROJECT 303-4223-572 .62-01 RP2026 I PURCHASING Page 658 of 1269 Moronev, Susan From, Elliott, Corinne Sent: Wednesday,August 12, 2020 11:13 AM To: Coma, Skender Subject: RE: 76845 Approved Corinne Elliott Deputy Finance Director Financial Services Mailing Address: P,O. Box 310 1 Boynton each, Florida 33425 Physical Address: 100 E.Ocean Ave. I Boynton Beach, Florida 33435 561-742-6311 #10OYearsint heMaking Ell'iottC@bbfl.us boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me viae ail may be subject to d isclosure.0 rider Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Coma, Skender Sent: Wednesday,August 12, 2020 10:28 AM To: Elliott,Corinne<ElliottC@bbfl.us> Subject:76845 Thanks Skender Coma Intern Financial Services Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 561-742-6308 #100Years Ie king E3 ComaS@bbfl.us Baynton-beach.org/ Min in O [2 p Page 659 of 1269 aCITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: taliVJ Requesting Public Works/Facilities Contact Person: Gail M Mootz Explanation FR—ecommi—ndedr 11 runt of Purchase - { �Source for Purchase (check and attach backupmaterials): Three Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy-Back Sole Source Emergency Purchase Other Contra r: NOTE: Pricing proposal for purchase must he presented in the same detail contained within the contracL Fund Source rPurchase: AA Department --- ate 08/03129020 7:32-42 AM Purchasing ent Asst City Manager ate City Manager Date n Form Revised 02/01102 Q nbCLOcovi Page 660 of 1269 0 Cp i 0 H Ln Ln r i civ C4 ry N �m.� H :> P4 1 i N", H i B�] i i cel r �p i i °moi i 0 W 0 ri + i I I ZcO E- L) lk, con $$ a% i P Ln Lnm tel I s EN i S\ N i 6 ri m N V) r vi I Ca 6 �4 E E + 0 000 9 Z � Ln O a P �' W P 0 H I H Ccs r® E r$ E� P C7't P Pp >4 7 0 ! H Lnoo I r-i ! " M rn Ptd M P H s H NC^W ! 4CD rd e H W P H a gp} CX 0 W H o t r Q � 0 p i PQ>P4 r W a �� epi.0 -1 C3 X78=7 �e 1 e� P > P F w H P4 N P.re Fa A[f3 L �r P 1 C1d B E-1 N 9I H :m E-4 4 i ° 10 H CJ r id a p 0 ! >G P N PP W04 M P W p as 1 w H rd En I 0)04 9 E4H � Cts C s W f a P 9 �} P �-$> 9 SCJ Q0)0 En 1 i ro✓ Q� ! cb FTI e C,t 2 7 H C &4 i 0 -4(' I 0 4w m i U cP3 e u P ) coO H 9 l>C 0 i �7 a W M E ! m a) cow ra PW z �z r-- Fi HLn am ! N ®dye E� 0 rd>wH H V F�f I w'ri'9 d->a : I O v OTq 4-ip.,' 1 H aF rd I u Ca I w Cd W R! pq r$ P-1 z i Page 661 of 1269 7/28/20 PROPOSAL Talley Walker Services Inc. LIC# CGC-060030 5208 Palm Way Lake Worth FL. 33463 561-719-3101 To: City of Boynton Beach 100 E.Boynton B each Blvd. ox 310 Boynton Beach FL. 33425 Aw Gail Mootz Project: Intercoastal Park Accordion Shutters TWS will install (14)Accordion Shutters to cover existing openings with a three,yew warranty. Warranty doesn't cover vandalism or natural disasters. $27,500.00 Tola[Cosi Page 662 of 1269 REQUEST FOR OFFICE Gail1 f PRIORITYIDATE NEEDED BY: LJ Request for 121/Direct Pay Req_ for the attached--Vendor or Person to be reimbursed: Vendor: Account o.: - - - - Project No.: Request for Requisition Vendor: a Account No.: - - - __ Project No.: Account o.: Project No.: Request for BLANKET Vendor: Account .: - - - - Project o.: ***List f tii ts on the back of thisrequest. Ingle quotes(Less thank 2000)Attached EJ Three written quotes ($2,000- 99.99)Attached Three written quotes ($5,000-$34,999.99)with Purchase over$10,000 Form—Attached Bid/City(Over 35,000): Bid it her Entity(Over$35,000): Bid #, Bid effective Dates and Bid Quotes-Attached File s: OTHER: Special Instructions: Request Completed by: Date: 171 Please 1gn and return this form tote Office Stafrs Inbox Feel free to make any comments: -76B3 i Page 663 of 1269 Shelmadine, From: Josemond,Joe Sent: Wednesday, August 12, 2020 10:22 A : Coma, Skender Cc: Shelmadine, Roberta Subject: COI Attachments: RE: COI Approval ;AACO Storm Shutter Mfg Exp 01-27-21.pdf Good morning I have attached the COI for AA C Thanks, Joe Josemond Administrative Associate � Public Works- Solid Waste Mailing Address. P.O. Box 310 Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. ( Baynton Beach, Florida 33435 561-742-6594 JosernondJ@bbfl.us I Kik boynton-beach.org/ erite along �te � =s $� Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records lave, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 1 Page 664 of 1269 �:.. TE(MM4)DNM _.. ACIORV CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY D, MEMO OR ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE SSUfNG INSURER(S), AUTHORIZED REPRESENTATWE OR PRODUCER,AND THE CERTIFICATE HOLDER. ------ IMPORTANT: if the cerHficata holder is an ADDITIONAL INSURED, I#cy( )must have ADDITIONAL INSURED provisions or be a raed. SUBROGATION IS WAIVED,subject to the terms and conditionsof the policy,Certain policies may require an andomement A statement on this ceriifl to does not confer rtuhts to the certificateholder In lieu such a nr mesf. PRODUCER � an, .... r-FAX PeWneo!neurones Agency,Inc. 934-493-9424 954-.193-SB68 2430 E Commercial olevard E Fort Lauderdale,FL 33308 REA -MG,COVE GE _ NAtcx MBURERA:. .er+_ ,fie Insu n e 1144D7 INURED AABCO Storm Shutter Mfg.,Inc ISOU REFI: Bade,Cheryl iNSURERa, 1899 SW 30th Avenue Suite 5 t _. .. i COVERAGES THIS IS TO m�R� SHA�T,-THE � TIFI A �M REVISION U ER: !CIES OF INSURANCE LSTED BELOW AVE BEEN 135UEDTdTHE INSURED NAMED ABOVE F POLICY AERI,FO, D F INDICATED. NOWTHST DING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT Q OTHER DOCUMENT WIT H 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 CONDITCNO OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED Ely PAID CLAIMS. _ PO ...&F Pf"Ii.ICY BifiR E OF NC6,,, tr ncy p81.[GY N R., .., !r I R LGE eIWTY EACHOCCURRENCE LV TL'Tr GT+ �u f s 30p,00D CtAMS44AM OCC € r , Iii o FxP uv,". I•Ir Y I HCROOT631 01127120 01/27121 I-PER-SqNAL&Awy IR u 9,900 c ti REGATELWiTAPPL�IESPER: GENE Ar. RE s O ICY JECT L PR ...... _. c A06 S. ....._2,,1000A00 s _ orHeR - s .. ��.. IN�'�sig: uMlr AUTOMOBILELIABLITY , .. Y AUTO 8Y ptIURY(Per I s..` ED 1� At�10J DULETLY RY(Par aoci )AUTPSONLYSHIRED AUTOSOm-y ""ONLY r,9P�r,! ,>zr:9s S _4- Is UMBRELLA LIAR OCCUR - EXCESS U 3. ',... CLAItJ .A............. TE _ m.. I _........ [ I WMKWSe r pig ra�r� � € I AND EM IPLOYERT LIABtUTY YIN I t ANY PROFRIETOWARTHE r9XE `ftVE ;El.£A(iH ACCIDEhIT IICE EM EXCLUDED? El N d A E.L.DISEASE EA EMPLOY S vommory in NH Itye a d pe nndaa CL DISEA •POLICY LIMIT 6 nscRrPrl ._... _. _ . DESG CF T lL I VEMM RD 101,AdManal Remarks echathaiv,may If apace is 040fedl Certificate holder is listed as additional insured y . ..... _ .. .� CERTIFICATE HOLDER CANCELLATION 9 City of Boynton Beach 1 SHOULD ANY OF THE ABOVE DESCRMEQ POLICIES BE CANCELLED BEFORE P.O.Box 310 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS onton Beach,FL 33425 AUr PRE6Fr A s Jp py ... .r:.:: ...._............ ,.. 1:98 2045 ACORD CORPORATION. All rights resarvec ACORD 25(2016103) The ACORD name and logo air*registered marcs of AGORD Page 665 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. P.O. #: 201424 O 310 BOYNTON AC , FLORIDA 33425-0310 DATE: 08/19/20 VENDOR 17085 SHIP TO: TO: FL TECHNICAL CONSULTANTS, LLC City of Boynton Beach 533 EAST OCEAN AVE. EAST UTILITY ADMIN STE. #2 124 E. WOOLBRIG T ROAD BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 REQUISITION NO. 76970 ORDERING DEPARTMENT: UTIL ADMIN TP ° . wwww ° a DATE NEEDED: CONTRACT NO. JCEMM:IS:SION APPROVED: , nnnnnnnn..... n m EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 24520 . 00 DL DEVELOP AND UPDATE MOBILE 1.0000 24520 . 00 APPLICATIONS TO SUPPORT UTILITY ACQUISITION PROJECTS FOR: PERRY VILLAGE TROPICAL ISLE'S HYPOLUXO ROYALMANORAND 'OTHER NEIGHBORHOOD D TRAIN IN THE: STAFF ON USING THE :.APPLICATIONS: RE : KS: DEVELOP AND UPDATE MOBILE APPLICATIONS TO .SUPPORT UTILITY' ACQUISITION PROJECTS FOR PERRY VILLAGE, TROPICAL ISLES, HYPOLUXO ROYAL MANOR AND OTHER. NEIGHBORHOOD AND TRAIN THE STAFF N USING THE APPLICATIONS 1'FQ-007-2$21-20/T TASK ORDER GIS- D-01 .2 PROCUREMENT SERVICES: j u �t a �, P.O. TOTAL: 24520.00 ACCOUNT NO. PROJECT 403-5000-536.31-90 US1701 PURCHASING Page 666 of 1269 m m �q I! i LO in J t- wW1 j 1 I H 1 a r I 0- W 1 I < Q 1 , ¢ 1 I I B I . V t m 7 � 1 I CIy I I O 0� H U H H 1 O O I O C] 0 1 uta c od i o U u- a 1 NN 1 -1 Ln Ln I V O W ' N N i 1 1 1 N H 1 6 I lj n 04 E-4 H 'H O i a 1 0 40 O x r O 1 H W W C. N W ' H HI H ® w a r H 1 d N Cw 1 Ey r E •• rIs 1 I H 1 1®I H rm Ln r vy 1 114 d00 Era O o 0 071-1 pWz L- a d H 17 ' R W + W N rca F94 OqH H as H Io i WWu' .7 H Aa r., H 1 : 1-4 CJ H al FA Wu N 1 O W 90 O 1 N 1 - H 0 1 111 WW1 W 1 H I O H O W ' a H U E+ 1 a a U U] 1 Ey+� PI U] dJ 1 ® 1 W m Cfl H 1 H H U H a 1 H Ol W M I 0 I W N Nff��y i yy O I W W H 1 pl 0 O pl I al M MH.H I fA Ar Had Z E-4 I W r�1 HH VW I �I W W CIS H a I 91W O Z I 0 O � E j WIC" i WP4 ra M 0M H N I p. OL 0W h tT Heh N W 1 a4m to OOz ! M Ul Q 13 I hHWW ,`I'u I to I 1h 0 a H a m z m C3 z 1 ,�..y11 CA �C17•••• 8 1!5 W W O H d 1 04aH Ot-J�® 1 E.CM) i C�7N I O H E-a I 1W H Q H 1 d D }H Cn W 1 I ps y-I r> 0180 su 1 O Ln (� Cll 0 H H O H I OH 00 1 [1rs H ca H la ix I a H>A H a.7 F.U ul U I Wo7Aa°alO+Si 1 4v O Oat a H O w I �H OaI� O 1 H Wal W WHfaY<OHUCA 1 H Hfy'C4R W QI Q y Ga."7CLHaClS ' [n WUO a Ha B H I HH L>6+P3 FA z Ox ma I I a P4 HNC' Page 667 of 1269 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Date- 14-Aug- tin Department: Utilities Contact Person: Waneya Bryant, Manager As Explanation for Purchase: Base-Off RFQ 007-2821-20/TP - Geographic Information System (GIS) Engineering Services. Task Order GIS-UMD-01-20 for the Mobile Application Development Supporting Utilitly Projects. Commission Authorized the City Manager to sign agreement on Jy 7, 2020. Recommended Vendor Florida Technical Consultants, LLC 17085 �D�llar Amount of Purchase $24,520.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Budgeted Item Piggy-Back Emergency Purchase Other KJ Contract Number: RFQ 007-2821-20/TP - GIn e�rin NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. und Source for Purchase: Funding Account No. 403-5000-536.31-90 US1701 Approvals: Department Head Date Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01102 Page 668 of 1269 - 1 Florida Technical Consultants, LLC 533 East Ocean Avenue, Suite 02 Boynton each, FL 33435 Tel(954)914-8488 wwwAtechinc.com aneya Bryant August 3,2020 Manager,Asset Management Systems Boynton Beach Utilities Bryant,Waneya a rynt b .us> Subject: Boynton Beach EngineeringI —Task Order#GIS-UMD-01-2 Mobile Application Development SupportingtiffProjects Dear Ms. Bryant: Florida Technical Consultants (FTC) Is pleased for the opportunity to submit this Proposal for Professional Services to assist you building mobile applications to support operations.This work will be done in accordance with the Agreement between Boynton Beach and Florida Technical Consultants dated July 30,2020. Project scritin C will: Develop and update mobile applications to support the following Utility Acquisition Projects: • Perry Village • Hypoluxo • Tropical Islas • Royal Manor • Other neighborhoods Train staff on using applications. Deliverables C will provide Boynton Beach the final deliverable of all data and tools on the Boynton Beach GIS platform. Assumptions • The City will provide IT to support ArcGIS Licenses and Installation. • The City will provide access to all relevant drawings, plans and background information. • The City will provide access to staff necessary to review the data and provide feedback. Fees and Schedule The following is a schedule of positions,rates and estimated level of involvement. Principal Project Project Task Engineer AngymFees $1451 hr $1251 hr $1151 hr Mobile Application veto ;,meat 24 0 96 $24;520 Totals 24 ad 96 X24,520 Page 669 of 1269 R 1 R20-062 2 a 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH FLORIDA TECHNICAL ,LLC.OF BOYNTON BEACH, FL 1- GEOGRAPHIC INFORMATION 9 TO BE EXECUTED BASED ON INDIVIDUAL TASKORDERS IN 10 COMPLIANCE 'S PURCHASING POLICIES 11 AND PROCEDURES;AND PROVIDING AN EFFECTIVE DATE. i 1 13 WHEREAS,on June 2, 2020 the Commission approved the recommendation of fi 14 the Evaluation o i and authorized staff to conduct negotiations with the first 15 rankedfirm, Florida Technical Consultants. LLC. to establish an agreement for ongoing 1 (GIS)Engineering Services;and 17 WHEREAS,this Agreement will provide the issuance of task orders in connection I 18 with projects for on-going GIS Engineering Services to update and correct the existing 19 GIS database used to enhance City-wide operations and any task orders. in excess of 24 $35,000 will be brought back to Commission for approval in accordance with Purchasing 1 Policies and Procedures;an I 22 WHEREAS,the Agreement,including the Scheduled of Professional Fees will be 3 fixed and firm for at least the initial two(2)year period and may be renewed for three( ) 24 additional one(1)year periods,and 25 WHEREAS, the City Commission of the City of Boynton Beach upon 26 recommendation of staff,deems it to be in the best interest of the citizens and residents to 27 approve and authorize a City Manager to sip an Agreement with Florida Technical 28 Consultants, LLC. of Boynton Beach, FL as a result o .007-2921-20for 29 Geographic Information Services (GIS) Engineering Services to be executed on 30 individual task orders in compliance with the City's purchasing policies and procedures. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 32 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT- 33 Section 1. The foregoing"Whereas"clan s are hereby ratified and confirmed 34 as being true and correct and are hereby made a specific part of this Resolution upon 35 adoption. 36 Section 2. The City Commission of the City of Boynton Beach, Florida, S:1CAVLES0\AgmtmMsXAU=ment with Florida Techniml Consultanis(CIS)-Reso.d= Page 670 of 1269 GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as 'CITY", and FLORIDA.TECHNICAL ggN§y_LTANIJ_LLC, hereinafter referred to as 'CONSULTANr, in considerAon of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional planning services, and WHEREAS, THE CITY issued a Request for Qualifica I tions for 21MRAPHIC IQN SYSTEM(GI;J ENGINEERING SE-.RVICE$_,RFQ No.007-2821-20frP;and WHEREAS, RFQ No. 007-2821-2Oi7P defined Scope of Services as GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES; and VMEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on JULY 7,202 0, determined that CONSULTANT was qualified for appointment to perform the scope of services set fbrth in the Request for Qualification.s; and WHEREAS, the CITY Manager administrative staff, has successfully negotiated an Agreement with CONSULTANT defining tam and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE I "§ZRV LCES 1.1 CONSULTANT agrees to perform Geographic Information System (GIS) Engineering Services by way of Individual task order(s) / written work authorization(s), at the written request of the CITY during the term of this Agreement, Including the provision of all labor, materials,equipment and supplies, The specified project, which may be assigned to CONSULTANT, is set forth on Exhibit " A". fig{ x Boynton each Utilities-Geographic information System(GIS)Engineering Services C-1 Revised 6/2020-FL Technical Con3ukant LLC Page 671 of 1269 i d. Compensation r sub-CONSULTANTS will be included the CONSULTANT in the negotiated lu of each taskorder. Compensation 11 be through ire mark-upin accordance si n I Fees attached hereto. Sub-consulting si II be approvedthe CITY'Snt ` e prior to # performance of the sub-consulting wv o u 'ng time for processing and managementof the sub-CONSULTANT shaII not be included in direct costs as the direct -u lie for management efforts. t I . In certain cases where incremental ill" r partially completed work is permitted by the City's n ive, the total incremental billings shall not exceed e percentageof estimated completionof identifiable del' s or accepted deliverables as of the billing ° f. The cost of all services as stated herein sII remain fixed and firm for the initial two( )year period of the contract. Cost of services.for any extension period of the contract shall be as agreed to by the City and CONSULTANTn in contracte . ARTICLE1 , I S.'I Upon completion of the projectI payment to Consultant all docurrients, drawings, specifications, andother materials produced by the CONSULTANTin connection ` ices rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the o[ , the L shall maintaint h to � reuse standard detailsn r design copies, including reproduci le copies, of drawingi for in t° n, reference n use in connection with CONSULTAIT17s endeavors. Anyuse of the documents for purposes other than as originally intended by this Agreement, Without the written consent of CONSULTANT. shall be at the CITY's sole risk and withoutliability to CONSULTANTCONSULTANT'S sub-CONSULTANTS. ARTICLE FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in e annual budget for each fiscal year of this Agreement, and is subject to Etermination based on lack in . ARTICLE -WAR TIESP ESENTATIONS .1 CONSULTANT represents and warrantso the CITY that It is competent toengage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionalso all assigned projects during the term of this Agreement. L T's services shall meet a standardof care for Geographic Information System (GIS) Engineering Services as they relateto the utility I yst located at various facilities throughout the Boynton Beach IUtilities servicere I t services no less than the standard r Boynton Beach Utilities--Geographic Info atin System(GIS)Engineering Services C-3 Revised6/2020—FL Technical Consultant LLC Page 672 of 1269 shall include ises and Operations; Independent consultants, u Completed r tions and Contractual Liability it c reference of Article , 'Indemnification" of this Agreement. This policy shall provide icoverage for death, personal injury or property damage thatu rise directly or indirectly the performance of this Agreement. CONSULTANT ll maintain a minimum coverage of $1,000,000 per occurrenceand $1,0130,000aggregate lbr personal injury!and $1,000.000 r occurrence/aggregate foroccurrence/ property damage. The general liability insurance shall include the CITY as an additional insured andll include provision hi in n ll tion of the policy upon thirty ( )days prior written notice to the CITY. i 10.1.3 Business Automobile Liability: The CONSULTANTshall procure maintain, forte We of this Contract, Business ii Uability Insurance. e CONSULTANT shall maintain 'minimum unt of $1,000,000 combinedsingle limit r bodily injury property liability to protect the CONSULTANTclaims r damage for bodily and personal injury, including well as from claims for property damage, Iwhich may arise from the ownership, of maintenance of owned andnon- owned il , ic!uded rented automobit s, whether such operations be by the CONSULTANTr by anyonei r indirectly employed E the CONSULTANT. t 10,1.4 Professional Liability (Effors andi is ) Insurance: The jCONSULTANT shall procure andmaintain for the fifeis Contract in the minimum aunt of$1,000,000 per occurrence. E 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-consultantsI comply with the same insurance ui n above. 10.3 In the judgment of the CITY, prevailingnprovision by the CONSULTANT nal liability u nce coverage or coverage whichis different in kind, the CITYs e right to require the provision by CONSULTANT of an amount of coverageh r kin previously required shall aftord written notice of such n in requirements thirty (3 0) days prior to the date on which the requirementsshall take effect. i Should the CONSULTANT fail or refuse to satisfy the requirement of changed rcoverage within the thirty ) days WowingCITY' n notice, the CITY, at its sole option, in to the Contract upon written notice to the CONSULTANT,said in 'on taking effect on the date that the requiredchange in policy coverage wouldis . 10.4 CONSULTANT s ll, for a period of two ( years following termination of the EAgreement, maintain a1ail coverage"i n amount equal to that described above for Comprehensive Liability Insurance n a claims-made policy only i �f i° I Boynton Beach Utilities—Geographic Intbrmation System JGIS)Engineering Services C-5 i° Revised 6/2020— L Technical Consukent LLC E Page 673 of 1269 ARTICLE 15-ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the I . ARTICLE 16 -NON-WAIVER 16.1 A waiver by either CITY o► CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge oft existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17--T I I 17.1 Termination forQgayftnle terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in is event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. Int event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 -pl_'PLITES 18.1 Any dispute arising out oft terms or conditions of this Agreement shaU be adjudicated within the courts of Florida. Further,this Agreement shall be construed under Florida Law. ARTICLE 19-- 1 .1 191 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of perfbmmnce shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The to uUncontrollable Forces'! shall mean any event which results In the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-perlbrming party. It includes, but is not limited to fire, flood,earthquakes, storms, lightning, epidemic, war, not, civil disturbance, $abotage, and governmental actions. 19.2 Neither party shall, however, be excused from perforntance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence,prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, Wdhin a reasonable time of being prevented or delayed from performance by an Boynton Beach Utilities—Geographic Info tion System IGIS)Engineering Services C-7 Revised 6/2020—FL Technical Consultant UC Page 674 of 1269 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its crwn costs and attorney fees through and including any appeals and any postludgment pnxeedings. CITY's liability for costs and attorney's fees, however, shall not after or waive CITY's entitlement to sovereign Immunity, or extend CITY's liability beyond the limb established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in quesbon between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shalltake place in Palm Beach County, Florida. ARTICLE 23 23.1 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 aid unless the City announces intent to award sooner, in accordance with FWda Statutes 119.07. The City is public agency subject to Chapter i1g, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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 confidenflal and exempt from public record disclosure requirements are not disclosed except as authorized by law fort durabon of the contract term and. following completion of the contract,CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession on the CONSULTANT transfers the records in its possession to the CITY, and D. Upon completion of the contract Consultant shall transfer to the CITY, at no cost tat CITY,all public records in CONSULTANrS possession.All records stored electronically by CONSULTANT must be provided tot CITY, upon request from the CITY's custodian of pubk records, in a format that is compatible with the Information technology systems of the CITY Boynton each utilities—Geographic Information System(GIS)Engineering Services C-9 Revised 6/2020—FL Technical Consultant LLC Page 675 of 1269 I i Agreement ill sin s. This t may be Fsignedisin u is t rshll ontitns. A facsimile signature ll constitute an original signature for all purposes.- IN os s.°r ITNESS WHEREOF,the parties havehereunto set their hands and seals on the day and r set forth below their respective signatures. WITNESSIN to have executedis ContrW in multiple copies, each of which shall be consideredoriginal the ll in DATEDis y Of 200MjF} CITY F BOYNTON A"UX CITY Manager E_ T _._... a , Attest/Authenticated: . myr ,G1 ftAt,,-:i'w' a (Corporate Seal) CIS Clerk S E rid tidy Approved a to F r. Attest/Authentica ° s, ° ' Office of 1, 1 y °'� '�° + .ExOmst jUM16,2023 No.Gr,345588 •®®••. t- •'` w' `ter OF FV I Boynton Reach Utilities—Geographic Information System(GIS)Engineering Services -11 Revbed 6/2020—FIL Technical Consultant LLC Page 676 of 1269 EXHIBIT"ANY f, f FEE SCHEDULE FIRM FLOFUDA TECHNICAL 2QMIVkT&NT JUne 4,2020 PERSONNEL CLASWRCA u, I al 1 - =I lane. ------ Senior I nein w S pmea I 0425 013 Field r Senior Al g . Junior Engineer .a_... . FiWd Technician rt CAD Technician _. _ _......_.. Clerical SBD i 4 y � 5 I 3 E 1 Boynton Beach Utilities-•Geographic Information System(GIS)Engineering Services Exhibit" " 3 C-13 Page 677 of 1269 m PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE p 0. : 241447 P.O. Box DATE: 08/24/20 0YNTON BEACH, FLORIDAD 33425-0310 VENDOR 16864 SHIP TO: TO: STEP CG, LLC City of Boynton Beach 525 W. FIFTH ST,, ITS DEPARTMENT SUITE 332 100 EAST OCEAN AVE COVINGTON, KY 41011 BOYNTON BEACH, FL 33435 - - ------ . m I . REQUISITION NO, 76967 ORDERING DEPARTMENT: ITS ® i' * . DATE NEEDED: CONTRACT NO � COMMISSION APPROVED: � ...u... EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1 . 00 EA ETHERNET ROUTING SWITCH 4427 . 5000 4427 . 50 4950GTS-PWR+ 46 10/100/1000 802 . 3AT & 2 SFP+ PORTS. INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY 5M STACK CABLE NO POWER CORD PRODUCT VENDOR ITEM NO. - EXTREME AL.4900A04-E6 2 1- 00 EA ERS4900 102.5W POWER SUPPLY UNIT 638 .: 0000 638 - 00 FOR USEIN: ERS.4 92 6.GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD ' PRODUCT VENDOR ITEM NO. -. EXTREME AL190SA19-E6 3 1. 00 EA EW NEI) AHR - H34070 FOR .33.00 . 33 AL4900A04-E6 VENDOR ITEM NO. - EXTREME 91004-H34070 4 4. 00 EA 1-PORT 10GBASE-LR SMALL FORM 1527 .3500 6109 .40 FACTOR . Form Factor Pluggable Plus (SFP+) T® Gigabit Ethernet Transceiver connector type : LC. Supports s. ngle-mode liber for. interconnects up to 10km. VENDOR ITEM NO. - EXTREME AA1403011-E6 5 6. 00 EA 1000BASE-LX SFP MMF 220 & 550 6094000 3656,40 METERS MF 10km LC Connector Industrial Temp VENDOR ITEM NO. - EXTREME 10052H PROCUREMENT SERVICES: P.O. TOTAL: 14831 63 ACCOUNT NO. PROJECT 001-1214-512.64-15 [ u, . .......... PURCHASING Page 678 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. #: 201447 P.O. BOX 310 DATE: 08/24/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 16864 SHIP TO: TO: STEP CG, LLC City of Baynton Beach 525 W. FIFTH ST, ITS DEPARTMENT SUITE 332 100 EAST OCEAN AVE COVINGTON, KY 41011 BOYNTON BEACH, FL 33435 �, REQUISITION NO. 76967 ORDERING DEPARTMENT: ITS DATE NEEDED: CONTRACT NO. I COMMISSION APPROVED EXTENDED LINE$# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST REMARKS : REPLACEMENT ETHERNET ROUTING SWITCH AND COMPONENTS QUOTE Q-10680 CONTRACT .#4;322:0000-NASPO-19-ACS, EXPIRES 9/30/24 . ITS WILL SEND PO TO VENDOR PROCUREMENT SERVICES: �� P.O. TOTAL: ACCOUNT NO. PROJECT 001--1214-512.64-15 PURCHASING Page 679 of 1269 O 0 I lD lO O l0 I H W 1 W 65 W H I W m i o o e}+ 0 N I H O o m 0 C, M I a) m CJ W Ln I LC} O M d1 lt7 H I tl ri o H O FC 1 r 0 O m at ,-a H H I (71 HN Ln m I N O In t. m f � ko W as y O E w W W W W gs�j e W W w I I H I � � I i W I � p I 1 I � I � � I 1 I 1 I � 0 r0 W H O E I ® O O O 0 Ei G p H I O O M a O 0 O O O U 7sa U`! I Ln . rs w 0 I ] l'J O O O O @ E+ U I [4 m CJ U7 H O O O O 0 0�t l H fir° I N m O Ln m 1 H H H H H LO 00 M W i ? co U a H H 1 0 o 0 0 0 q �� rt H 0) I o 0 0 0 0 ...1 7 a Z 0 I o 0 m Ln o rG 0 - tn t-i U E u1 0 m m H Fy E . O I H o Pr I V+ do u7 tb z 1 "•° 3 �* O W I W rl 0 .kE ter+ I cA I LL' co � O W 0 d Ei I O o O O O Z CL H Pa �, H 1 O 0 O O C5 I CL u] 04 x Ix 04 N O H I H H H W LD H H G E H w w 04 t p W 1 I Z I tH(} fx W W 0 � CJ BO W I PI 0U EG sU.y�l� i + �'s .L1 x0 I U 01 W •,1 H E ef] Pe CD r4 U) E Ga ,S .Q Cd] I FC I a bl • W 4J i ca U3 ErLO w E NCV G eUe-.. U,..11} �7a U I u„7. U u U ,D U s� 1 I H O d s-+d W ® Pa r'I d) a Q N+ R ® I H H p H P piV Q1 04 d P4 liO4W d)f4 I HGHGHUHUHU I n7 04 O W W Pa &4 U12 H Ha I "fir ' "� rV,' ;zr� 7 O U + $-1 d1 W I W W+ W 9 W 9 W W W I N H PaQ d'iQpWp;; �' as Grlp {x; 1 [�t+, H Q�++ H Gp�; HC4' HR°s co Cwt] 0 ~1Hj Q Ov coabsx wewil b 00 0 �0 I O W 1 o U U �l.��+L O m di d5 UY 'AI R,' P4 P4 a R.' P' a,' E iEqZ P40 W 2: P4a,a 040 H 0 CPI0 'L9C40 I xH x xxx 1 x a p t_l N 1128 w p ra P< Q 9 1 04 0•14 Q ea rJ C. Q t-7 I H E E+ H H H H H I G®w W y D I � r 0 s l U N H m I 0000000000 1 Ho 0 ctl ® e4 MO U1 . CuW d) HUl N U] I I H r{ Q ;X C!l H PI PG CO Ems,C1] ri 1� 0 R:co �d Pi tf] I L' W b° a 0 Cz7 m 0 W >4 m Q 0 4-4 W x N O W T 1 lV E tqo � HE-+ P' ww0E-sA: r- H1,14 tHrr E+ > PW E4JH04 Cn -iw G d4 " [ C �d Udo 0 rr O m P F� W tP 7 7 b7 0 0 in, H H I Z w w U Q E p N -W + C'+ MM y C� E '�' U.Q Lie H Pd �w F. 1 H ci+ e1, O O W m P: 0 W W O W W rl Cu•ri O W I W H124u Z, >s 104 U UZ P, r.LPUZ W 0U ' N N N N N r� 1H I B +w U] Pt Ln W a I M U I rl H H r-I H CQ 0 Z 1 01249 ry .. .. .. .. W �4 54 N .. .. X .. .. H Ln In LO Ln Ln H O I 614 �m QQS+ Q 0Z to Q P; S+ Q 0 OH'C3Sip EaU Q Z H H I P In H0 HHHHO t PO 044 O H 0 }q d ZH H H i O ry H I H Ice] dH LJH qH rLU LEra W H JN N ry cV N H (J PI 1 W U1 W G Q 0 W o Q Q m Q) I p C!} p I Q r-i 1"{ 1"i rl r-I H 0 H I H > 00 0Ct) Ln00 pd0 HG, # woo 4 mOO UH HH r-+ H H 0 ni I W 0� E-1 a�E U M ;�M G w :E U Ps �4 1--1 :.U O x G I U o 0 o O 0 U) U E Wo la W W W F O 5 dt CSi � o f I r.GO 0 0 0 a ta H 0 en I xL,)uN ?d� C4u] d 0p P, �.� r00 d HmZ V 0Gm P: 0 r4 Utf] ` Um I OS-i-riU co oTs, Uca I i Q E w W H c] Qt w rP w H ix, W W lJd I I H W W m Z P', I ,-I N m ci+ Ln I Z H N m W LCI I Page 680 of 1269 n 1 O O H H 1 ca E-I I w w I I PQ ry I ahs III {C- w i Q. ✓ I V H I I-a I w I Q I I _ O z ® I E+ u E I CJ w O H u I Q u u F-I I H I I Cf1 u H H I HHa U9 I OY H CIa I r,. u r� ® CJ I O p' 04 a O [r] I CKJC "vi E"I g i I O W co U7 H � 3 W pq co w H 1 w 1 ® 04 z E I F 04 w H u H 14 x P4 E-Ico K4 w 0 I H u CY a c� f W. aw F H a Q I N w `ff} y E H P a � H G I Cf1 (D I H C cax a s4 w a I u � I Q} I W' I I I a 1s a I •ri S-I Ul m utn €1 G In m I •� H O W 04 H H 0 Cd co ucoz H d1 1p t UJ cza z w � � ® N o ff N 0 ol--H N W i u w •• N0 I O H z re) � r� 0 w i H aCY o r� 0 04 0 11 w fy I U} a ctl N H a7 i w0�j 0 Page 681 of 1269 ® Quote S T '.",",wwPCG STEP C ,LLC Quote Date:OB/07/2020 50 E.Pivercenter Bldg,Suite 900 Valid Till:Aug 29,2020 Covington,KY 41011 Quote Number:Q-10680 ILL SHIP T : City of Boynton Beach City of Boynton Beach , L ,FL ....... Contact Name:Charles Stevens Quote Stage Delivered a� m, S.No. Product Details Qty List Price Discount Total 1. Extreme AL490OA04-E6 I $8,050.00 $3,622.50 $4,427.50 ETHERNET ROUTING SWITCH 495OGTS-PWR+ 48 10/100/3.000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 2. Extreme AL1905A19-E6 1 $1,160.00 $522.00 $6313.00 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PdR+ AND ERS4950GTS-PWR+ NO POWER CORD PRODUCT 3. Extreme 97004-H34070 1 $0.38 $0.05 $0.33 EW NBD AHR - H34070 for AL4900A04-E6 4. Extreme AR 3011-E6 4 $2,777.00 $4,998.60 $6,109.40 1-port 10GBASE-LR Small Form Factor Pluggable Plus (SFP+) 10 Gigabit Ethernet Transceiver connector type: LC. Supports single-mode fiber for interconnects up to lOkm. S. Extreme 10052H 6 $1,106.00 $2,991.60 $3,656.40 1080BASE-LX SFP MMF 220 & 550 Meters SMF lOkm LC Connector Industrial Temp Sub Total $14,831.63 Tax $0.00 Grand Total $14,831.63 Terms and Conditions 43220000-Naspo-19-ACS Page 682 of 1269 Data Communications Products and Services/Alternate Contract Source f State Contracts... Page I of 2 Skits to Main Content Department of Management Services Florida Department of MaggggffigpL3gpd= > Business > 7- > state contracts and Aareernents > Aiternate Contract .5�ogrz > Data Communications Products and Services << Return Data Communications Products and Services43220000-NASPO-19-ACS Contract Details Effective Period 07/13/2020 through 09/30/2024 Contract Type Alternate Contract Source • Contractors • Erring Contract Information How to Use This Contract Contractors by Product Category 96.97 KB) Rai= d k Contract Documents m,3;- 2a-Urla-4-CU�,-n a Mreements Contract * Joy Gedivar * 850-410-0978 Administration j2L/Ai e.I I e r�Ld m s,rwf ILo Lii ids-. o rn y Commodity Codes Please refer to"How to Use This Contract" in the Contract Information section above. Description This alternate contract source is for the purchase or lease (as permitted by state and local requirements) of data communications products and services; this contract is only available for products and services that are not available on state term contracts. Please refer to "Contractors by Product Category" in the Contract Information section above for a complete list of products and services that are available from this alternate contract source. Document reader download link • EDAdobe PD,E_R_eader https://www.dms.myflorida.com/business-operations/statc_purchasing/state-contracts-and... V 6 of 1269 Data Communications Products and Services/Alternate Contract Source/ State Contracts... Page 2 of 2 Terms and Conditions I Privacy Statement 18gessibillt, Statement I Copyright c@2020 Department of Management Services - State of Florida https:// s.myflorida.co /business_operations/state—Purchasing/state_contracts_an ... 8? 04 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.Q. #: 201463 P.O. BOX 310 DATE: as/27/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 2723 SHIP TO: TO: SOURCE INC. City of Boynton Beach 6840 SILVERHEEL ITS DEPARTMENT SHAWNEE, SCS 66226 100 EAST OCEAN AVE BOYNTON BEACH, FL 33435 REQUISITION NO. 76996 ORDERING DEPARTMENT: ITS iM DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: n ..�....... EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 9 . 00 EA GP CRADLEPOINT 1115 .2400 10037 . 16 * �Cradlepoint Router * Optional Cradle�)oint accessories * Source Inc Provisioning 2 148 . 68 DL SHIPPING 1 . 0000 148 . 68 REMARKS : CRADLEPOINT WIFI HARDWARE-SARA SIMS PARK QUOTE #7401 NASPO CONTRACT 443220000-NASPO-I9--ACS;EXP 9/30/24 , DO NOT MAIL - ITS WILL SEND TO VENDOR ... w — PROCUREMENT SERVICES P . ry © TOTAL 10185 $4 , ACCOUNT NO. PROJECT 303-4218-572 . 64-15 RP2036 PURCHASING Page 685 of 1269 Cr o I I N N I I ri W w I N H I a, I co CYl i I hH w 00 W I I F^a lD m [ c S W I I O H O I , a I 1 I 1 i I 1 I. I j 1 I I OM 1 H Y 1 a 1 I q O H C H I w 00 d o H U I [`- tD Lfl I O O H OD I d U Y ra cz i„5 l I I 44 P! :." fo 40 U yCH CIJ I a O LT ® 0 I N 0 O U I H H i H 4 $i 3 O cri ® I H I e�G H I H I M I ca 1 a.' -ra -ra W cq i ca ca t an N 4 w 0 w 1 Fx4 O �1 d �4 N M N ra Q ® H "fi I O �i 1 Re° PI CO P+CO H 04 �4 d W 1 04 P4 04 04 H RI H H U Cl) 124 H [] ® H H w w ,'(a�,y1 > I 1 Z Qi Q F H U Q I I [z] [z] I I CfS CJ) d w I �I 1 ,g 04 U} Fy U) I , iW w W Y 1 PI PI H Fy 01 4 DQ 0 �04 �. W ! Q) Pd a� I ^ � H " y 4 Q H CU w w C!] Q1 m 0 a s w x 'x FC 41 I a F H H HH 0) U I U c21 v'� k H N H rA 1-1 I w 04 ui G a,d ! U U x O 'L7 I d 1 r. �^a I U � " Q) I C ® U) - I N U) Y 4-ra-Pi CIS 00 I fl7 r'd I 1-1 04-1 H P's H H I 4 O v--( co cn I 0 "- 1D O N F4 I Ln LO t� C7 •rl P a 0 r I O Pa � PI PY H ri ro3 0 $ H i � COO W x � HP U] �4 N I Z .L-I S4 U saw. CJS CIS 1 N N H N CJS €a OI H 0 U U Oy� yyoI I Ln T)I w x N H i a O r I I-A H W 04 rdE+ O H d i ria � Cx n�i H W i ra Q1 O UQ '��, n 1 0� � ® :§k UCs I H 0 HI °$` 4 4O O HO O Um M (a � m H t-a P; 1 d J.D '„5 2w U 04 :E U I U O O ,ctid U Pr H �4 O r-A cn U I U AA "�Pa 0 6 PI X , r.>; M M O 0 o.0 cn-ra H f� U} I I U O ca Ca 1-a 0 � I H -ra 0r)+ dl 0 O 0 I 1 H O F Lr. 0 9 Q I 0* # * U CJS U CI) 1 H 04-'1 U CA W PI I I Cf) Q) CJS=m () H wI I H Iq 4 Q)O py U W H MNN V I H N I 'may c-9 N F V 0 d-) PI-H CJ) H sm� I 1 H CY Id 4 O CO (11 a 7 PS U w CY z W W Page 686 of 1269 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 211-Aug Requesting Department: ITS Contact Person: Marty Stevens Explanation for Purchase: Purchase hardware to provide WiFi service to nine(9)access points throughout Sara Sims Park, providing free Internet connectivity service to members of the community. This is part of a three-vendor solution,with Source, Inc. providing the WiFi hardware_($10,185.49),Verizon providing the Internet connectivity services($3,893 per year),and MR Technology Group installing and configuring the equipment in the park($4,320). NOTE:This project is being submitted after the purchasing deadline but has the attention of the Mayor,the City Manager,and Assistant City Manager as an'urgent need'in the community. Additionally, MR Technology Group does not have a state contract,and we do not have two other quotes to submit. The two other vendors are using State of Florida purchasing agreements. MR Technology Group comes as the sole recommended vendor of Verizon and Source, Inc for installation and configuration services on this project. lRecommended Vendor Source Inc.of Missouri 1Dallari6i aunt of Purchase 10,165.84 Source for Purchase(check and attach backup materials): Three Written Quotations GSA State Contract A PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NASPO Contract#43220002:N2E2:M82S-- NOTE: Pricing proposal for purchase must be presented in the same detail contWned within the contract. Fund Source for Purchase, 303-4218-572-64-15 Project RP2038 Approvals- Electronically Approved Department Head Date 08/2512020 aa I . _Py.J,phn McJ1 Nall Purchasing Agent ,4,, Date Asst City Manager Date City Manager Date -7 Form R.,,r.d 02J01102 Page 687 of 1269 Data Communications Products and Services/Alternate Contract Source/State Contracts... Page 1 of 2 Skir) to Main Content Department of Management Services Florida Department i n igerngnt Se ices > Dusines a gn,d AgMerne�;.s, > 6ftr _ji -9-p-Pr2-V-Qn-q > 5—tat t-2,mrs-ha-s-Laaa > atxtt-C—OrYtra(;U 2tg qntr �r- M > Data Communications mmunications Products and Services << Return Data Communications Products and Services43220000-NASPO-19- Contract Details Effective Period 07/13/2020 through 09/30/2024 Contract Type Alternate Contract Source QQrV L-dLurm Contract Information How to Use WS LqnLra—rtorLb ProdVgt.Lgtg.gptj (0, 96.97 KB) Contract Documents MasteiF ,A,Qre.,g,,, �,s loy idp Contract * Cr * 850-410-0978 Administration joy.geflerCaLms.mvfloHdaciom Please refer to"How to Use This Contract" in the Contract Information Commodity Codes section above. Description This alternate contract source is for the purchase or lease (as permitted by state and local requirements) of data communications products and services; this contract is only available for products and services that are not available on state term contracts. Please refer to "Contractors by Product Category" in the Contract Information section above for a complete list of products and services that are available from this alternate contract source. Document reader download link https://www.dms.myflorida.conlfbusiness-operations/state_purchasinglstate-contracts-and... F/W409@8 of 1269 � d t A V m l v l 2 v b b b tl_ # 3 3 3 3 3 3 F v a� Eo r ' Iy�I L d b x ao t E o . a O { (7# I 32 11 � S 4 Y 3 i � v " 3 "ip 3 ' 1333 Page 689 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 201504 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/23/20 VENDOR 17252 SHIP TO: TO: ALEXIS KNIGHT ARCHITECT, INC. City of Boynton Beach STEVEN W. KNIGHT PUBLIC WORKS DEPARTMENT 100 NE 6TH ST. , STE. 102 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 BOY TON BEACH, FL 33435 REQUISITION NO. 77070 ORDERING DEPARTMENT: ENGINEERING/GD/PAP DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1100. 00 DL DUE DILIGENCE & FIELD WORK 1 . 0000 1100. 00 Proposal AKA No 20 . 0058 UT-2E-03 Commission approved 8/7/18. RFQ No 04.6-2.82:1-17/TP 2 7600. 00 DL PREP ARATION OFTHE CONCEPTUAL 1.0000 7600. 00 DESIGN 3 3900. 00 DL MINOR SITE PLAN APPROVAL 1.0000 3900 . 00 .SERVICES 4 1865. 00 DL PREPARATION OF AN OPINJON :OF THE 1.0000 1865. 00 PROBABLE COST FOR. CONSTRUCTION REMARKS. Prop9sal AKA No. 20.00S8 Commission approved 8/7/18, R 18-103 RIVO No 046-282:1.717/TP, PROCUREMENT SERVICES: ,_,_ '' - P.O. TOTAL: 14465. 00-i k-- ACCOUNT NO. PROJECT 303-4232-572 .63-05 RP2044 PURCHASING Page 690 of 1269 E s �f ro N O O O O I03 m E''h o 6 o m U) ti Qp W � i i a � •i ��f>, J 6 I q I &b.:d SAY$ 1 cn z Isz -le [.x Eo ❑F I o 0 0 o O I O O O o � ® O O d I O O O 189 LD I O O O 111 l0 O O O 1 H ri M rl pq K m M M I � � ib � LC 3 r5 H yHy Pn I O O O OIr.�� Na pp r O-e N i N N N a E i H .tea y. ® H H i 1 4 N Ita� ® S W I C7 O 1 F 6 pf pa d O O O H f M' F L N y L Iu a 43 43 4J a d ro t a7 M7 a7 a "a3 1 O V dl a v'p m�Y p] F R a d l 1 5, �(]ON ON ON Oal Q H P: E I O O O O I ¢ a of Qo Qe HcO O ell t H GG11 O O O 1 W H [[rr]] (P} f H 4l1 OI 00 B r E 1'i T� 1 ri M1 M N f [ y d p(W d 1 CQ pl O m Q m I In 6 m5 H n} a ey$ I 1 O H a, to 0� N 1 a 1 {a {Q H I a M PAQ N Ill p 4 d d 1 0 P+ G} R4 Ut gry �' C%P+ f ad.Spy 6W+� a i W W H m H H 1 MONO W O N O al fff q H ae» W N I [V w a N O 1 Q Id Q ✓y❑W ❑I67 I {S X Q x®x®= ❑ ; CJ d U dl U gsl (] I H H H H C,°3 a H ❑ey°a H a M ® C4 1 W N iri W P1 M t' - - rh Ed Pia `pia xW '] W CA ® f-I W I ll, s4 O [E hy�s yCa;E `✓[glr��yCe; e°tt ��•I��•••III N QI H P1 H�M Pt W U I m E [j H I m Z4\W lb lb Ge H I W'Ell O (H 11E'�1.1 IyCC� .7 He7 gyFE[ W E+Ee MEe FI I xI P4 N .I*H H H 5 H H � 1LO Ld) Ln w a Sao ww3Ezi E�iJ oUU M m M m r•ax w0.1 110, o"�'a N N N N W O z e zU rd(V 11e GJ ; F F h h z E o e W gmp+o 0yyI o gg,,77yyo a oa❑aNa nom, nr env N (} 1 NMr7•NawO EHar7a. Cd`7S ��Q�[❑4fiee Ilie 4WQ Pede O M z Q u NH®FH❑pCJ O 0, HAaOUH CdR EaHWa Etl°®u®La+J.EwO(U3 uVOl 1IB11B1 U •vs+ mn(ElOV'6f MNwMOM M W 0 u) I O E 9�$4Q003 M6aMOV iJ Ix 61 E Pe W a a 1'I Ct B 4G H rL f B �i Pr IMCL° e ri N �1 �Y a �ri N Ih W I% 14 B I Page 691 of 1269 t CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 s _ Date: 9/10/2020 Requesting a Engineering ContactPerson: Gary Dunmyer Explanation forPurchase: Conceptual design for the redevelopment of Palmetto Park, eliminating vehicle access from NE 13 Ave-create a new tee turnaround or round-about. I'Recommended Vendor Alexis Knight Architect Inc JbaarTGnountof Purchase $14,465.00 Source for Purchase (check and attach backupmaterials): Three Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy-Back Sale Source Emergency Purchase Other Contract Number: 046-2821-171T NOTE; Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase- ,303-4232-572-63-05 1 Project R204 i lAppi rovls: ;Department Head 15 1w e : ll Date r 10:20:43 Purchasing Agent � 4``� .` � Date ;Asst City Manager Date ;City Manager Date Form Revised 02/01/02 Page 692 of 1269 113 H TARCHITECTS :. :, rEff, 1 Sustainable Design Innovative Solutions August 5, 2020 Mr. Gary Dunmyer, MBA, P.E.G.C. City Engineer Public Works Engineering P.O. Box 310 Boynton Beach, FL 33435 r paqg z��LLL RE: Professional Services Conceptual Design for: Redevelopment of Palmetto Park(Cat ) Boynton Beach, FL 33435 AKA No.20.0058 Mr. Dunmyer; Alexis Knight Architect, Inc. (A rchitects) is pleased to provide this proposal for professional services. These services include the tasks defined in this proposal and will result in the preparation of the conceptual design drawings for the redevelopment of Palmetto Park, located in Boynton Beach, Florida. Please review the enclosed Architectural Services Agreement including Attachment : Scope of Services, Attachment : Professional Fees, Attachment C., Standard Hourly Rates and Attachment : Reference Material and if acceptable, please process and issue the necessary purchase order. AKArchitects will begin this project within five (5)business days of receiving written acceptance and execution of this agreement services. This written proposal will be valid for thirty (30) days from the date of this proposed agreement. Sincerely; ight chitgct, Iry Steven W. K6 ht, R.A., I.A. President cc: Project File ......... _ __...... _._.. _ _ _... LEXIS KNIGHTAiqcHITECTS 100 NE 61h Street,Suite 102 Boynton Beach,Ft.33435 561 374 9242 sknight@akarchitectsinc.com 1 Page 693 of 1269 Architectural Service Agreement Attachment : Scope of Services August 5, 2020 Professional Services Conceptual Design for: Redevelopment of Palmetto Park(Cat E) Boynton Beach, FL 33435 AKA No.20.0058 Project Description: This project includes the redevelopment of the existing Palmetto Park located on the west side of Railroad Road and the F.E.0 Railroad line. The site is located adjacent to NE 12th and NE 13th Avenues and just south of the existing Palmetto Greens Linear Park. The project will include provisions for the reshaping of the eastern most portions of these to avenues and termination of Railroad Avenue at NE 13'h Avenue: The intent of this project is to redevelop the existing park to enhance security and limit vehicular access to the park. The new design will redefine Palmetto Park as a walk-up park and shall become more welcoming to the nearby residential areas. The new park will embrace the surrounding neighborhood and favor pedestrian and bicycle traffic. This park redevelopment project will include: • Elimination of vehicular access from NE 13th Avenue—create a new tee turnaround or round-about. • Demolition of existing park structures • A new walking path and fitness equipment. • Provisions for walk-up access, no parking. • Bicycle racks • New restroom facilities—carefully designed to provide a secure environment. • A small pavilion—designed to discourage large groups Scope of BasicServices: AKArchitects shall perform the architectural and limited engineering services defined in this agreement. The scope of these basic services includes the preparation of the conceptual design services as defined in this proposal. ............ _ - M .................... .............. ALEXIS KNiG1-17 R HITEc- 140 NE 61h Street,Suite 102 Boynton Beach,FL 33435 561 374 9242 sknight@akarchitectsinc.com 3 Page 694 of 1269 • The Architect will prepare a color rendered conceptual architectural site plan and a landscaping plan for display and presentation purposes. This conceptual deliverable will become the basis for the preparation of the construction documentation offered during the next phase of services The Architect will work carefully to illustrate the best layout, based on the Client's needs. In an effort to best satisfy the requirements of the Client, the Architect will make revisions to the concept, until Client approves the concept. If this process becomes extensive, laborious and excessive changes persist, the Architect will ask the Client for fees required to compensate the Architect for additional time required to complete this phase of the project services. Assistance during the Site Plan Approval Process: AKArchitects will provide the services necessary to obtain a Minor Site Plan approval from the Boynton Beach Planning and Zoning Department. • The Architect will prepare a conceptual site plan and all required documentation for submittal to the Planning and Zoning Department. • The Architect will respond to comments generated by the Planning and Zoning Departments as part of the approval process. Preparation of an Opinion of the Probable Cost for Construction AKArchitects will prepare an Opinion of the Probable Cost for Construction. • This will be based on historic data; area take offs and cost of labor and materials as offered in the current construction market. • This deliverable will include a line item cost presentation and a lump sum value. Qualifications and Exclusions: Please note that this fee proposal is based on our understanding of the project scope and the information that is presently available. This fee proposal is presented in accordance with the following Qualifications and Exclusions. Qualifications: AKArchitects will not provide any"value engineering"or any other"plan modifications"to reduce or alter the overall project cost, based on the Opinion of the Probable Cost for Construction as provided. Exclusions: AKArchitects will not provide the following services: .............. ALEXIS KNir.HT AFtcHITECTS 100 NE 60,Street,Suite 102 Boyntan Beach,FL 33435 561 374 9242 sknight@akarr,hitectsinc.com 5 Page 695 of 1269 Architectural Service Agreement Attachment : Professional Fees August 5,2020 Professional Services Conceptual Design for: Redevelopment of Palmetto Park(Cat ) Boynton Beach, FL 33435 AKA No.20.0058 Basis of Charges: Charges for basic professional services performed by our firm for services listed in the SCOPE OF SERVICES will be made on the basis of a Lump Sum Fee in the amount of $14, 65.0 , including expenses (printing costs, mileage and postage). • Due Diligence and Field Work...................................................... $ 1,100.00 • Preparation of the Conceptual Design....................................... $ 7,600.00 • Minor Site Plan Approval Services....................................... $ 3,900.00 • Preparation of an Opinion of the Probable Cost for-Construction... $ 1.865.00 Total $14,465.00 The additional services defined in this proposal will be provided, based on the hourly rates as included in our agreement. A Not To Exceed fee,excluding expenses,will be negotiated for each additional task. KNIGHTAR13HITECTS R13 100 NE 611 Street,Suite 102 Boynton Beach,FL 33435 561 374 9242 sknight@akarchitectsinc.com 7 Page 696 of 1269 Architectural Service Agreement Attachment D: Reference Material August 5,2020 Professional Services Conceptual Design for: Redevelopment of Palmetto Park(Cat E) Boynton Beach, FL 33435 AKA No.20.0058 sF NE13" , "E 11112 .......................... ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street,Suite 102 Boynton Beach,FL 33435 561 374 9242 sknight@akarchitectsimmm 9 Page 697 of 1269 Moronex, Susan From: Dunmyer, Gary Sent: Sunday, September 06, 2020 9:25 AM To: Pimienta, Pablo Subject, FW: AKArchitects Proposal for Services - Palmetto Park Attachments: AKArchitects - Proposal for Redevelopment of Palmetto Park.pdf Pablo, Put this on the same account as the survey and begin processing this requisition too. Gary Dunmyer, MBA, P.E. G.C. City Engineer Public Works, Engineering Mailing Address: 13.0. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E Ocean Ave I Boynton Beach, Florida 33435 561-742-6231 El DunrriyerG@bbfl,us I boynton-beach.org/ El L91 '00 [2 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:Steve<sknight@akarchitectsinc.com> Sent:Thursday,September 03,2020 1:52 PIVI To: Dunmyer,Gary<DunmyerG@bbfl.us> Subject: RE:AKArchitects Proposal for Services- Palmetto Park Hello Gary Have you reviewed the proposal for the new park work? Any questions.....work like to get us started? Let me know....... Steven W. Knight AIA, RA, NCARB President 'a wwwco Waltv",wwr"", 100 NE 6th Street, Suite 102 Boynton each, FL 33435 Phone: 561-374-9242 Page 698 of 1269 Coversheet Page l 6.F. CONSENTAGENDA a 1317 18 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORMCOMNIISSION MEETING DATE: 817/2018 REQUESTED ACTION BY C SION: PROPOSED RESOLUTION . 78-103-Authorize tha City Managarto sign multiple afireements as a result of RFQ No.: 21-17ITP for General Consulting Services for five(5)Scope Categories to be executed based on individual took orders in compliancewith the purchasing pokles and procedures. 1OWLANATION OF REQIJEST.- Tom of a ( from execution of agreements with th (3)additional one(1)year renewal periods. Explanation at Request On March 8,2018,the City Commission approved ft Hat of top ranked proposers Identified by the EvaILqftn Committees from the responses reoehed ftm RFQ o.:046-2821-17 for Genwail Consulting Services,who authorized staff to owduct negotialloris with firms as tol - - ATF, 0IV 'Water QM_c.' nd Cuban 9 o En in rs,�nc. CH2101HIII 122gineers,Inc. Gk*altach Inc. �k Icon-C Y is _AMRLnI1 t1= v E In ,(nG Arcadis U.S.,,.Inc. AECOM Technical Services,Inc. ra i Inc. SCt?PE,�ATEt30FYY CC ffc� tt _' Mica Campo EnUinears„!na CDM Smith.,Inc. Global6ach InC. RLTE29—ILY 12 "Ormailoft Services Kiml, - o ,Inc. r _ : �Calvin,Giordano 8 Aswc.,Inc. EC Y D REAM t Gentle I l aAssoc.,Inc. 'Me lht Architects Inc + n,LLC The RFQ was advertised and submittals were operad on September 26,2017. The City received alxly-five(65)proposals proposers per scope(2 or S.depending upon )were submitted to City Commission an March 8,2018 far approval and authorization to move forward vkh negotlaws to establish contrad agreements for ongoinii services in a0curdance with Florida Statute 287.M,Consultants'Competitive Negotiation . Emphasis was placed on the Schedule of Professional Fees to solidify houdy rates for the Fntgal contract period. on comparison of the submittals by each of Om firms.negaliation sessions with a1!the firms were deemed unnecessary.Only firma tot showed significantly higher rates were contacted for s Comparisons were done oh the basis of everWas among all three(8)or tur(4)firms for Scope Categories D and E only_On July 2 and July 19,2018,the Purchasing Manager and the City Engineer oonducWfints.As a result,the Schedule of Proftselonall Fees as attached will be fixed and fine for at least the initial 2)yew period. Individual orders will be generated at the time specific projects am realized utilizing tha Sclhodule of Professional Fees as tw basis for the overall cast of ft such Wk. Task orders vAll be Submitted to the Commissionfar approval in accordance withthe Clys Purchaskm policies and NOW WILL THIS AFFECTC OR-SERVICES? https.//boyntonbmh.novusagenda.c4)m/AgendaPublic/CoverSheet.aspx?ltemH)=4382&M... 12/3/2018 Page 699 of 1269 , r t . •: EMT MNUNRI - . v _ • •� it . : �� • .. I � r I� � 1;. - r f i- l ', ! • !- ll !. -'!: } ^ .f. ♦ 1 / } T 4 is • I- ! 1' 1� • iA;• -. z.. • 1 1� •; f: '! I il:.: f f I ! ! :. ?. !n 4 1:• 1.. 1: RESOLVnON NRIS-103 3_ A RESOLUTION OF THE CITY OF BOYNTON REACH, 4 FLORIDA,AUTHORIZING THE CITY MANAGER 5 SIGN INDIVIDUAL AGREEMENTS AS A RESULT OF e,j',' 1-17GENERAL 7 CONSULTING SERVICES FOR FIVE ( F 8 CATEGORIES TO BE EXECUTED BASED ON e UAL TASK ORDERS IN COMPLIANCE WITH 10 THE PURCHASING POLICIES AND PROCEDURES, 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 1 ' WHEMAS,on March 6,2018,the City CDmmiWou approvedlist oftop ranked 15 proposers iden6fied by file Evalunfion Committees from responses reccivodfrom RFQ No. E 1e 046-2821-17ffP for General Consaltingm and 17 MMEREAS, ffie City Commission of the City of Boynton Beach, upon 1 recommendation of by d1com it to be in the beg interests of the cifizmts and residents 19 of the City of Boynton Beack to approve and authorize City Manager to sip individual 20 as a result of KFQ No.046-2821-17frP for General Consulting Scrviccs for five(5)scope 21 categones to be execuW based on individual orders in cowlian with dw FWming 22 policies and procedures. 23 NOW, I0K OF 24 THE CITY 017 BOYNTON BEAMFLORIDA,THAT: 25ion The foregoing OWhereas"clauses=herebyratified confinned as being 28 true d correct and are hereby made a specific pw of this Resolution n adoption hereof 27 agggon City Commisston of the City of Boynton Beach, Florida does 28 by apprbve the following firms as being qualifiedto provide General Consulting ices 29 and does authcTize the City Manager to sign the individual contracts: 30 i 31 G: Tkftnet roi_ n ae� Page 701 of 1269 m 39 PASSEDis 70' day of Aupst 201 S. 40 CITY OF BOYNTON BEACH, O A 41 YES N 42'i 43 Mayor-Steven �- 44 45 Vioe Mayor-Christina L.Romelus 46 47+ Ca -Mack MoCray 48 49 CornrWssiomer-Jusdn Katz '. 50 1 Commisgoner--Joe llo / 62 53 VOTE 54, A T: 55 56 7 7 - -— 60 C C 61 62 (Co ) 64 o: tiT y to _Co _C�178)r . Page 702 of 1269 GIENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMERV Is aftred Oft between ft CW of Boyron Such, hemindw rderniml to as el ,and ALEMS KNIGHTCT ,INC., t*ise'the CDNSULTANr,In consideratlim ,and emmiffum homkmftr specZed. nS Nqlahation A&,the S uVinsaft fms for mqWred Cky awvhm:and ,THE MY Issued a Retwed for QuWdkzdm for the MY of ScrAon BsmK M92 Alm 1-17 ,end CON&LTANT a one of NOW.7HIMFORE In cornkleaMm of - agree as fallow, 1.1 CONINKTANT agmes to p"m G&WW CWMLft*Berykas by wmy of labor,d 81 to T 7 Ewakmallonr Scope Calmi"C Ancillary 8Win end Services T a 1.2 1.29 GENEPAL The ODNEULTANTagmestoT OWW(B) T � The Wm d the Task OmWe) 1122 7be CONSULTANTrs reepwalble lbrdollects h Its work wW in the wcck of ® .A asdieftm%vmur. c V.SCLEANFINAL 04 Page 703 of 1269 , S WD& 1.2.3 PREUMMY SERMM PHASE no COMMANT shal prepare pdwnary "k" MW reports. masw dmfkm, owww and ffacd sludez, and ffWMon of ex�MV hwMmw,, pmp@r&on of mdmymdc Myouls and SRBWM VACM required., dawallop canouWan kdgeK opk*ns of pmbam onnabuoon Cost MW dial come MW CoWervAm the C17Y as may be momm"forthe CITYI*reeM dooMom ammamft thO MAW mxftr. The CONSULTANT shoo aftid um§W wb tW CRY Conm9malon mW CtTY aftil a may be reciWad,vW pmWde ft CFTY wMe fmamalmduls which dW k�Ixt nutbalky4edlu auWMW or d ndesknu misted to de prajBd Lip fu dMvery of JW%vmgpA&" docurnafft 12-4 DMM the prelh*my servicas om%Ow CONBULTANT shal aMato CITY, based cn CONSULTANrG pruhmdoogi opk*m mW em cumt podad coriffm and Rmmwm* %MNG" CwKWJDU of the O=Pkftv=OF WdWng date mW no mAkeft ft me kdmWsd vxpmm of Vve project CONSMTANr to DbWn duo ftm o0w azmw%idengy and ovalyze requkeffals of DOMMMMM auffiorillms hvv*v]Lvkdkft to appvve ft defign of No project proWn m*on of ft CnYM nm& fbr awnwa; pwftm OW unkmem WW Gorrvars0m Sue" of prospm*m oft and mMwm;and pnwm mW firr6h a reW to the City saffing b1b Sm 0ONSULTANT'S fomMngs mW nmwnwxk&w 1.2.4.1 ftvWhV SnY Mm of pupeft sunlrys or mekled w%baft Services rmdW I&dmbwWw of hbrmm In red properly,and flalld sum"for deso)pAposes&W wVkm&Jng virmp and slaft lb wAbb Conhdm to proceed wkh Wr viork, and pvwkft athar spmW Md Surveys. 1.2-4.2 Pmkfftn dmdgn smicas to be poftmed by tm DONSULTANT"kmWecwmdtdfonaMadvboconow" the MUM WW scow of immimsed wak aW pmprmam or pdh*" design &Mmwft OmWdfM of doslon icrlhft Wdb*Wy dreAngs, mW euMm qmdkom go w@1 ft Pvgn*NrY GuMnstas of probable CoMmoft CosbL TMs Ftmm Will W"bdLde Mumdon Of a pmbnkwy mb Oan or scimnaft*Mngs whm appropriate. Up to s[m(6)=pin of On prellroliwWdeelp domwmmft d%M be Wished tD the CrrY, the exed mwnbw needed shaff be dMennAmd by ft CITY. 1.2.4,3 CONSLLTANT LW provide em*ormmwW mwmngt Wod hpad mkWWWft a RUPAmd to deWmWne to sWWbft of ft Ste vid IS Kmairaft far Um pfopmd project wAts 1.2A4 Upm auftntmem or ft Crry,th@ CONSILTANT wp pvvide advice and suldanum ralmim lo apamom Wd nmh*mmnm of Pr*cl or~GVSV0TW emkmb and rmVW an operalum; Sam me crry in matters mumv to WWAlkWy amm BOYVMn Remb MIMS-OmvW Cc=Wag SwAm V.SCLEANFINAL 04 Page 704 of 1269 e equUmmewt and . m 1.2.5 BASIC T I in Um foNUMN mm-w-speffft the aftd and wqm of to work to be Wm d in Male or In pmrL a MW design saviess WO be shall(0) cow of plane and vpmWWjm* to the CIM so wmd=nW needed be delerntned bV the CRY. 1.2.6 FkW design mwvkm WoR at applesilm m n n Mae*"at deff level mW ■ i , emmumvil"use pmnb WW I 12-6.1 The CONS&TANT in CITY, , landscape, ardeadurd, I, madhaftell. and Slamlow ouch ~ aleffmde as may be approplM for a omplate CONSULTANTPMIOM The I.M2 The CONMATANT based on OFTY approved design developineffl d in On MW 6rquaft of Via~or in do mnakuMan bj4d shag r &M Speer" Wkw any rmw wmw by the CITY The in 1.2,8:3 The CONSULTANT f.2.8.4 'Me CONSULTANT vW wJvhm the CRY d sft @4nbwft to C Ya MAN FINAL Page 705 of 1269 changim in codes.VdMWffMW 09 WsdidkmM MqUhmerft 1.2.6.5 The CONGULTANTto I ptoboft 1.2.8.6 CONSULTANT dwfl Include a a In Autoced dectrordo format by a ,a dyrMW to On CONSULTANTT In to form mquinstl by the aTY and as requka& 1.2A.? CITY.the CDNMJLTANT shd conduct a any loc4 ddo. or Word a permit or ol1w approval Is requkel Ift OONSULTANT maim suns t* al newwary alwavals 1.2.8.6 Norteench ph=W subnW tw CONSULTANT a product to delarr"%talw the work Is properly coominfiled OW confirm that Me CITY and mqoW comuwft hwe bow CONSUILTANT shall pm4da to the CRY a CrTYVW all work has n ubnftd In CITY 60 due we fm bow Wm In ft prepardon of be 1 T Docuawft Including *ft" spacifladlans mW drawingsa signiftre.dab 471 wd 461, LT 9 a the work. 12-7 Tft CONSULTANTIUdmied a manner owwblvK 1,2.8 Ttw CONSULTANT In preparing contrack for C Y.S CLEAN FINAL i Page 706 of 1269 cDrahwWn. 1.2.&1 The CONSULTANT dM mykw wW arwb�w tw prWouk wm4ved by to CITY and shal mWm u m=ffww4Wm Aw aW wmrd based on to CnYG Proctoement Adn*OvMft Porcy Manud il.8.2 Any Ophdon of the Candnadjon Cad VvpwW by DONSULnpvfanlwd and Is suppilad for the 9WWW guMance of On CrTY. Rkm CONSUILTANT has, ne cw&O over market =KRWK CONSULTANT dm not guwwas-the vwxsq'of such opWorm as ewnpwW lb cw&=W I;Wx or wMal and to the CRY. IF prqod[a notadvwbed tot poposalsWft Itras(3) months aftw dwimy of FkW DesIgn Phns Wrough no f"of the COMMATANTer if mlhwlowl maft cmlbm or lndu*p- vAds prices hme chunged because of unLoW tr unwftkmW evwft effafts the gwaW b%,W olpftw or Ones d d0my In the MnWction industry.the eslalgbW Com*ucdm Cost lWd may be a*ded as duhnnirved by ft On"Repirssaidalke MW as appmued by ft ON.if naossaM Adftwa*,If Bw CITY experift a pmfW scope at work Aw Us CONSULTANT mWws to Fbal es*rmW probable CoubwWon Cast of am FhW DOM Plauh ft CONSULTANT thaD not be meWaMe for wW nW*Wan wfflwut conowwBon sifth dW be muW* qnmd to by t1w podes hereto. 12.8.3 The COMULTANT shal proMe the CITY vM a kt of mmnnmxW pruspe*ft bidders. 1,2.&4 The CONSULTANT dW nWW ag pr*qxvpeBaVW49d Dmfwwg@L 1.22.6 The CONSULTANT MW recomnwd ww mddwWa,VvuVh the CATY'S repirevantsM as appq)M% to daft owed or dwripproposaldocurneirft IZ&O W Pre40u&V=Won of Mdam Is required as sel %M In the Request fbr Proposals or lwdxdm to.8ld ftwo,41ap bid Wooses), CONSULTANT shag asWA the CITY,W m*mmftd In dmdDft qusVKWJoiw aloft nr*w quaNkaftne and mcommiewid acceptance or mywcdon d to ftlers. 1.2.8.7 ff requash4 CONGULTANT shd evakiMe Pvpoub and blddeM and make mcommerwWous regwdMg wwavard bythe MY. 1-2.9 IrM MY shal malce dedslon an eR dalms mgwdhv kftqmuWon afft ConAtuction D=Anwft,wo an al obw mallare mkft to the examition mW program of On Wbrk dW facewkV a recoinmerafthm ftm ft CONSUILTANT T ohd do* achah" shop drawiMp and dlhw sibraom ft the thiled purpose of dmddWi. axdbmwm with go concept of tho pmjait wid far complarne wM the MRwriann gNan by Me CanhicHon DamsnardL The OONVATANT "dea,review chow wders prepaired wid submiled by Contradw wd mkvw and malm recururnendations to the My for progress poyffwwft to ft Ow*aobr bmad an each pr6ject admAde of vdm ard 6* V.3 MEAN RMAL Page 707 of 1269 parcertoge of work wnpkftd. The S T or dwarge d,nor be nexporakhe for,the conovcdm nomm, , or Woosdtud% or for the Wety In 7.2.91 The CITY BW mahtsin a record of ad dmMe orders WWch be cglagertted to ths,Various s, comm. ft rM may Lw 1.2.0.2 If Ove CONSULTANT conshuclon, lheCONSULTANT wFM of arty archksckF0&mqkms" error or ambalm so that dw CONSULTANT can be pot of Me a 1.110 Thai CONSULTANTthe s any stppwft dumnargam. The an greater documardW&M or . V dw uhadule of wahm Is not MW to be mppWft k dommainhAn Wm b ROW lu be appoplah Me CONSULTANT shd s%p the I coniftfle a 1.2.11 The MNMLTANTI pulam on-ale pralml based an pwqmvh 1.2.18 CONMXTAKrS obwvmtbn shall completed,and Wwwwde rk is pmaowft in a Dounwoft On to basis of oft vMft the CONSULTANT wil p=M Me MY wtih a CONSULTANTthe CITY of do pnnems of to pardon of go Work cwWWvd. The TW OWMLTANr dW ad have umW um or dwge of, or magmnalMyfor or proaBdunw.or fw ad*precRifts and s In ft Work r shol ft CMSULTANT In wcuriftnom T or ontWorm Cunbwtor i3rW Me CorilracWes Apokalkm for cldckmal cwmwng V.SCLIEANFINAL Page 708 of 1269 Peymenk On QDNSULTANT *ml determ[na the onamt due to ft WftCtOrwd""MCaWksWaforPapwtklVA:hW=EYL TWM CaMicates vA ow4ffhft a rapresentston Io the CRY baud an mich obarmlims mind the dift empiming ft Appka0m for Prpwd tug the waik has pmwessed to the poInt kidicated By knukV a Ceraftme of PrpftK the MNSULTANTwre dBorWewdIotbeCrrYthstto1h&bW of ft kAwnetion and bsW bmmd on what Is absovallon have umusled; the Work Is In mccoidance vikh ft CmshKGm DaummmbL The CMSMTANT obd owduct chmarvalm to debenmba ft d9bw of m&dwdW and find ewnpkdon mid mue a reamimdailon for fM prpnent 1.2.12 The COWLTANT sW whe the Caneftc0an *awMp mW wAW nx:ord or curectsd dnwAmp to the CITY to Om Muse changes oMe &ft ft cwmmxgm pmemse bwed an the mftd up ® B dmvfta MW odw duls bmIshed 1by"CmImaW. The nomd dmvftdM be PmVidW In*1160bunki ftnIWkmWm of OWWWmad POF No end AuWC;od On In a(mm cmW4W vft to CffrB vwsbn d AuW4W kwnab for wcwdpupm& 1.2-13 The CONSULTANT aW ammid nigu"m0mmfubo proWm maslings an ah bkmaeft or m othowim debwWmd based on sk qpodk need established prior to oonsftmMon by the CITY. 1.2-14 Tim CONSULTANT dW rwAywch&W ardsts prepred and=Wvtftd by VwCor&4dm1wth9CITY'SmpWWAt CONSULTANT Ma nd abwbm any chongm in In wofk or Wo,no nufter how a0arwomd pim written appowW bythe CTTY. 1.2.15 Each pmWw wramm:dm or demoftm shW1 be cauldemsd cmVkft upon mmOMm of a pundft by CONSUILTAW,which slum be*a* axMided by Contniaw to the malldodon offt CFM wMen nuffikeft to CwftcW bV OOMLTANT Vmd:of rellessm of Mm am saftW and WUM reconvaermMan by CONSULTANT for Ind ppywat W the Careactor Whtch shaff be of IM suW dWgtbn offt CrTY. 1-2.16 RESIDENT PROJECT SERVKX& Duft ft Consbuclian pvgram of my vark On CONIALTANT vA F aulharbed by Ow CrM pmvWe reddard p*od obwvgon &&%%a to be pmft=W by am or nwm mtmrbmd SM00yem CRukkft ft�sd Rwuw4r&W) of ft CONFAXTANT ReskkitMMJWRNPO&wftdmdWpvAdeeftWve dmmmfim mvbw at#m~aft dwbV consinmdam Mv RmMwft Projed Papesentabe wM endeavor to Mmey for the CITY aq defto end daticlandes In. the wwt of fin Cut0aft". Raklmd prqpa obamwedw wrAm WW km*mta but Is not Imbd to Ihe fbbykq: -6 CwWLqhV all pm-wnWwbon ourfibranimur, * Condueft all necam"owshecdon pmgmas moetil * ObservaGm of ft wo*In pmpm to Me eAwd=mmd by the CFTY,. 0 PacaM wdtew wm&mdm mW dWxmmmt odwsdxnmwg Boynto Reach it GenmW Cumuftft Smim V.5 CLEAN FINAL C-7 Page 709 of 1269 + Makdwwm WA preparadon of progress repoft d 10 VWVW@tkm of owdrackwit'Ond%uboonbwA='p&vmft and records for 4& MaWMNmnw at each puled de an a cufferd bask of all I / records to ft CrM' 4 Preperallork Lyftft and cbbtKKbn of a prqjW ® 4 NoMcation to ft MY linmadliftty tammrs 00 either each Proleat adhadLds or 4 S&aJulft and En~,Owwrol contractor,tole r,Ufflow Mwesentow. 4 of&Work and CFTY. ffireclod by Us CITY,9 the gerveral wdkr 3 mview, pmessift of dwqe ordem 4 Malitemrm of e defy log of each pnNat 4 Rwmdhg the propais of ewh project. and submission of wMw rnonthly WMPM rep" to Me ggd ft C M Amp 8 4 Delennhadon of and unadleft=ry fternk and a O relvam,key mwawX record o ; MCONSLLTAffrorftCFTYinemwocgmWkh&.euok PM)ld PAPIRMAIntaft&W be Nperson ecoepbft to the / OW ft and awh perewad Wig be responslMe dhKly to the MY In Me the Ll}T W"to P8ftM the ®® f s F Resident PmIW R and Wet W be responsible for,aft or urnissionD or the Conlrodor or of Lld ®�g C V.SCLEAN FINAL Page 710 of 1269 AWmqh CONSULTANT dwV not be wspo"Me for hadh or program or pfflouutlotg mkftd to CW@ acMiss or Owe of CIM d vendors (Xkwbwhn'), CONSIATANT shd nwwMWan report to the dellclandes observed by T CONSIXTAW amftmo wunt hat catawl by Me regligencis or wftl misawAid of CONSULTANT, T obmnvbV,or Coriractors or ohm at n for CONSWAMrs 1.3 Ml Man addowd services am necessary" Od be speared in On wwan T ) d 9wanwasnial grants, bans or aftrim In 4, Services to nWm memoced d cardiffans or ticMdes,or 10 n CITY. or character of any particular prolect O or Its deep kxtmft bmt nal I' , of cmaruMan r waMod of 11hancing, , On preparadw 01 a rts or dounwft or am due to T Liss. 6 RWft docinerift Mr aftndft Proposals Mposlied by On CITY for work dial Is rxA exam4ed r 4 i ■ . prepersam of fessibilfty dudes.cash lbw and economic evWWOom a MY in obtlihing PWM 6=06 6"W *wnwy strywo of rndwA equiprwt wW laW wW auft or kwenlorin nWlmd In -6, AwManee in conneellontft I a nwWrift e%~ or by the CITY to be catmed bv lim CMULTANT h 1lti n� V5 CLEAN FINAL G4 Page 711 of 1269 proposols) In Mich owd dwe shell be no addland cost fw Ow Wwwon of such Mvions. or wnft as a COMULTANT CrTY In 4 AddMonal serhose In in not offmwiss prowMad W In this Agreetnett 4 Swuloas in or , t. the Carakucftn Contrad duournenis In dmuuwbMM beyond ft T 8 convol,and upon Om CI a It vAl • Services In connecdonvilh work chMms reassallided by UMUSUM d 4 T • Additional or w*xxbd services during con*ucWn made necessary by 1) stnMoant amount of dallactive or rm~work d wri contractor,3) or }ddwk by aw conimaw.Kwided howwoer.if a Am ocoln as a CONSULTANT or FM CONSULTANT tale to raft ihe Cwftdor of CMLPLTANrg dudes as descrInd In lhe ConbW Doarnerft ft CONSULTAM addillonal swAom shell be deemed put of Basic Services and cmupeassited as such. dFany part of a projW by dw MY prior to SubstenN Caroadm blewed kt CONSULTANTsuch subsMAimm are due lo a design mW by tha CONSULTANT, at ouch and Ws.reqkement OW be MINNfi Y.5 CIXAN AL C-1 Page 712 of 1269 1A CITY'S REBPONMNLMER 1.4.1 The CITY abd do Ilm falmAV In a tlnl*mWW so 68 not to delay tM GW*n 01 tha CONSULTANT' 1A.11.11 Dwormbe In witing a pemm or pwwm to ad as the offra reFresardative with remed fm Ift mvkm to be rermlered under OftAgreemant Such pm"a)shd ham corroftaMofflyto barimit k1kruccom and mc"kftudbn With mwmd to ute. C:ONSLJLTANrS mvkm fw a parkular pvle&The MY may ham=4We MY Repmentaff*a)or pr*d manalpsm datng the performance of this AGREBIENT band an the qmkdk bak amW&Wftm tmk orders ftm each of the SoWe Celagaties. 1.4-12 PmvMB ad aftfle aYd M IrtminaWn as to sm arn nwAdmm* fbr the PmjoA Induft dealp cb)ectim and =mffakft won ova* and pwarmorem requkermatft ft0ft OW ewwdWW.Wd my budgd"kabdorw 1.4-1.3 AamM the COWWLTANT by pmWkV at ow 0DNqLX-TANrS mpea all Wellable Inbarmillon Wftwd to go ftjm kwWhg pnWomm rppoft and any odw date rabdm lo design or commidAm of ft PVIN:L 1A.1A FurRIBb to ft CMIGULTANT.I m**od for ft pmWmence ut CMWLTARre mvkes(mmg whm awtvise&W*wd by ft CONRULTAKT as AddffiDnd Sarvkm),ft fdkwhg; 1.4.1.6 Dde prepared by, 6r amvices of covers, hckdng vacta Imitallom bc*W, pvl*W &rW aftwface wpbmdmi% hydrognpVc arvaM WbaraWy tests and InalmmIlan oF SMOK andettals and w0proant. 1.4.1.6 AWoprkft praftWorial kimptalmhem of all orft faregWrig, 1.4.1.7 ENrownmW assamarnecA and ft"stalerrmft 1A1,8 PromV, boundary. emmmneK dditki-way. t*qpaphic and uft surms; 1.4.119 properly 0064*68M 1A.11.10 Zoning.dead mrW adw land use malritff", 14.1.111 AppmM and pernft "Ired In ft MYS Amisifton and ftft ftM W151018 MMKiM WftW SUCh WVW*and PWMft we the reopwaift ofdm CONSULTAR,and 1A1.12 Arrarge for moves to malm d prambbo for the CONSULTANT 10 eFA&F Pan do CIMS prop" as req*,ed for the DONSULTAW to parkim swvkmz under this Agrearnert 1.4-1-13 Cmabftt with ft pWasibnal almdard of cars mW urftm QtMVAW alpedlically MY11ded heroin,WMATMIT shall be eng&d to rely upon ft momwM of ddB OW 1rdbrongen provided by do CITY or otmn willmn Indepmdem review or evalmom DW0100 Bee&WNW-Gmnd Conmdft Swvim V.SCLEANMNhL 041 Page 713 of 1269 1A SECKENCE OF EVENTS 1.5.1 FaMovft recW of any twk orclerAvr9an W order,Me CONSULTANT OW KAnt tothe WY, at Wad to (5) dws pdw tD a� corwrowBrrmt of nrvkxm a odtodule of services and eVenses for wpvAd by ft CITY beftris my wnqm caffawce. Tim CITY mmm Vm r1gM 10 nmft chwgm to dw sequence as reoesegry to bollift the swicM or to fflkftbe MW cowd wHh opereflom 1.6.2 TW*wdW WN be laguid tD dw CONSULTANT In Ow order in~tM CITY%40�K sW Wud be peftmwd wW cmVMW h ft*der oW We Wsut4 unless,Wwwft spadfically pwm*W by tM CITY. Nimp x*&Wwft to the Imetabb for comploon Bpprowd by the CITY in admum. In wftv. shag not coraftft norilwiftwim 1by CONSULTANT punuart tothts Agrewan 1.5.3 F"posels recaked by CONWLTANT as a result ottask coftAwkien tmk order OW emeaft W.U00 In cost will "uke appwW from CITY ComnftWm belbom ermuft of sWoes In woordmice vM fm CITYS ftwMW4 AdMIMstragn Pdlcy. 1.6A When ft CrrY Issim took ordws to Un CONSULTANT, each autiorliza2m then conlah a sbftd compkdw ademiule. of coused tr y the rieftent emn or wiInkne of CONSULTANTuhn of the CONSULTANT to Rog Me MW schedwis BW 0MOMM ad for %I*A papnert for services my be wWftW until defMA Is ouraL Tbns adBrialms vM be reviewed upm request for todwso"dratmWorives, 1.5.15 It I&WWpsW and lrdfir4ed#W to COMULTANT will be suffimized 11c Win nw tak=*a M a Iding'basK an sm-4 @troo*mWM Lak If8M&MpMTaMkOFdWI6Musd1odw MMATANT beftme It tm =q*ded Be mwmt took order Ow corwWon dateforeechTm*OrdKvAflmmdnkWeWdetaleach*w so tud ffm CONSULTANT vM pdwMme ft uncomphad Ta*Order ftm theftst Task Order&Wlrhh wsow as pmeML FoluratoomWieIn the'~Wk orders In a bn*rnwvw, mey adverv*hpact upw am&uW early stithwtwBon to stnt a wAmWmd wwk 1.6.8 Whim #m CONSULTANT has samdad the obftd owpWon dz* k4o" wry emrWm 11or exbmmft circumshmoss which nzy hwis been gmnbA a wMen rafte of Debt vA be IsPAW vMW mw(7) dW of d1w da*thed Umdeftut bomw e0vewlth a requiviornertof arm (7) days to cure uld deftA to ft CONSULTANT and paywwt for wvA= �sd *W be withheld wd suah *m 60 the CITY has deftmMed tut ddaA ho bem axtxL 1.5.7 Should tW CONWI.TANT exceedttm antred conobtlon MM to CITY resam Ow"not to Wow to ft CONSULTANT my ftff�tzg wders urd awh*m as It Is no low in dMIMA and Me CONSULTANT has dw=Wftd to the CffYS swileflactilon,Me reasom for tn*cmpMm Bentaw sewh UdIkin-Gerwa Combing smim V5 CLEAN FFNAL C-12 Page 714 of 1269 hmm been aftwoodand wrenmWelyto be repsawdin BuhmMumtum ordmi. TfbrnWctedbsawmproviWonffWre&Aimd*CONMXTANT Rd beft kneed al rA the planned work the CITY wtc"W in m Armnant The CONANT shal hem no rigM to the Mwee of any wwk,artoany ampenwtion amodaledyftimmmon4mw tak mdm dw to ft CONSULTANT being mndwW In dmflatA 11.0 ShmN the CON SLPLTANT mmdn in deftuft for a perw of ffften(is) WMm&a calendar days bwjond Me bme ftwA VwAM in PamWqsh MS Me aTY may at b aft opbn retain madw 0ONMLTAMT to pmfwm ow wafk wbft M of Oft Alrewwwd w&w km*We do AgmmmnL 1.0 DEMffM OF DISFAULT I.M. An GV&t Of deft**A nmn a mmWW bramh of thk Agrammd YMbbtd DftV do gwwv*of Me lowolng and In addWon to am* Instanoes Wered to as a woWNI bM*clL an&mtaf d&je�&Shd Inckpk Me taftwing. CONSULTANT ho nm pw*mvnad awAm on to CONSULTAWS negftwa wmm or mnbd= • CONSULTANT hos mftmd or Wed to&up*enough pmpedy Wand ponionnol, • CONSULTANT how kW to melm pono papywo to SUB- CONSULTANTS w supplars Ior a"swAcm Aw mcoWU payrnem hm the MY fbr such servimes w supoles-, • CONSULTANT hu MW to obtaln do appmel of fm CITY Mom req&W by Oft Agraernert 4, CONSULTANT Mm refted orfalled to pmwkie the sawkma as d~ In thia Agmwmv* 4 CONSLAXANT has Med banknqft or any ow sugh Inoolanq pmee&v and the arne Is not disawlpd wff*ninety MM amp ct such datL t CITY ham bilmd ta make pqmwft to cANT In accordance wNb On mquhmmrft of Ob Agreemem 1.6.2 sh resullng from Vis W&A Inchdrg * The d1fixemm bwmm the amount M9 has bm pald to the CONSULTANT and ft wKut mqftd tD ownpim tm OONSULTANrS work provided the fm by fa)e fam mpkdng the CONSULTANT we mmwmd*v wg#m bm*rdes;do natoweedft CONSULTAMrS,ratm This arnowt mlW also kxkxb preamnat and admNsiradva c)ft Mummad byte aTy. * In Me affint of defaW bY Me M.CONSULTANT rosy wmpmw the Work pending reoW of amh papnmiL SwIr"m Bomb umkkt acwm comakft won VJ CLEAN MAL C43 Page 715 of 1269 I.S.& wMV at law or M In WOW to fte to Vms and as aften arad M Nch order se may be deemed O)VWW9 by ft CITY. The exambe or M6 beg"of the axerchis d am mwo* I not ate n evabbre to Ow CITY in law 6r in AFMCLE 2- 2.t The LAW Cwtvd pwW sWl be Aw an In )yum cornmenckc at the contract lor aims (1) CONSULTANTu Is AgNesmaK wd Me Overp[a noduarentpe d fifiture we*beft Oven to the COMIKILTANT. .2 In WftnkwDm by do MY (at ft CMrS the T , ® u or take Iskre no pnd 9W*(1 e The CONMXTANT wS be mkTftmd fee MW service at On waft In~when this roneltbrel period clause vm Involod by On CITY. 3.1 cffY to the coNsuLTANTk andler T d or Lmkss an exVndon of Orno in granted In WdIft byVw CITY. ARTICM 4- 4.1 The CONSLLTANTa rk mid for services MKNMW under U&agreement as MMM a P"awn fbr ffie work KwAM by OMBULTANT shol be roWs In M herefta for , mid e dCompsmudim for K&-WNSULTANTS wM be negagated baud on I in U1111dec-Geww cKmalng S&vhzs 14 Vs CLEAN FMAL Page 716 of 1269 soomdonoe vft the Salm duls of Profe l Foes eldwhed herela. S � e T e 0 The T during cmqidsd to date. Such vaudwors.vA be vvjWW by ft Orry,end COMLTANt In it*amount appmved. 4 In certain cases wAim l I hawmdd MMV@ date.d0mraWas or accepted dellvarabilas as of the MV Mon O FA T e WqMW to the C i elftblMed " rales as per to Sdwdule of Prohmolorld Few sub-COMLTANT services end offm related tombbumffwCOKSULTAKTforeastakxwmdlnwnmoffttftI f%A4DeXwad ow amount +A Anal pwyrneM of any baboice dim to CONSULTANTof I u C Von . 4. BaMjMSft Iry&der for bc&paMeo hftmln to dam h*boft ard CONSULTANTrecords,to MMWLTMM d not pruparly IrdwJW an V6 kwice we covaddwed welved by On OONSLLTARY. 4, The cad of d swvkes as atdw n Yam Mid anyodefafion terms shall be suqadtD an odlPsInient o*if algrilcant dwgw have owmad M nd snood 5% per yaw, w Is pwmfte incrobse in Me AN U (CPW VMcnaQ as published by the Bureau of Labw Sladefte, U.S. B 1391 1 Comdftsmim ! V.! EA AL Page 717 of 1269 Depardnent Labor- The ymly hmmm,or dwMig In Me CM Md el ) OW of e OW&M year then bi~ampred to the hdox for the (1)pw prim Any M*MW cog Wasaw shell be A4 dommrmd and wAmftd to an CffY at mm awy ) P y @nWormy d me award Me M or kAloy code decam me CiTy dm twm the CONSULTANT, a mwnmW reducom in In the Indus", The if are wmWered to be or domm we amMered in be InmAklerpt in the CITY does not wish to Gw&WmmV be Gancabd bY the CITY Tu n ) calendar Wks tp On GONMX ARTME 5- 51UM cam0abon of ft puied wid linal psynnent to COWLTANT. so CONSULTANT In this gmich OW CONSULTANTwe nude M mm4ed Or ML NdWI*VtMft the tragoft.Me n CONSULTANT shoo be pwrMed to ratWn copIes,indluding use in n vkth CONSULTANT'S CONSULTANT,camvd of CONSULTANT and CONSULTAMLT .f In pvvkbd In On Gonbact have bmm amm~ by Me My Ownftbm of +7.t CONSULTANT In urmlerft Contract ard IW KyRrown and assign q LT l CarowftsawmC-1 V,S FiAL Page 718 of 1269 in Q®CONSIULTANT by CONSULTANT CONSULTANr shal rwt change 9- 9.1 CONSULTAUrthe senifte 1 lam th In e%ct me or ft dale of thb apmenont 10 we aWleable to COWULTAWS; wWm e r mdbuyum.Of rendered,wds or delays to mvtm tD sdwdubs and prices. IMMMEIrAM 9.1CONW&TANY Mal h ma, r fim r inj or deM to CONSULTmTs CONSULTANTCONSULTANT'S i darnages of any kind. ii Ct craft d the arwim arsomb 9.2 T CONSULTAUrs T Il a pmy or PURSUANT TO FLORIDA w NO INDIMDUIAL PROFESSIONAL LACTING CONSULTANTL LIABLE RESULTINGDAMAGES OCCURRING PROFESSIONAL supsm M V4CLEANHNAL r..v Page 719 of 1269 ARTKU 1 10.1 Duft ft pwomwm of Ow awvia=undorULT Mhdn ft follwoft k9wance poldw, 10.1.1 v4dwer,Cwwwwon kwuram TM CONSMTANT ffwMWn for s CONSULTANTImm T s 1a wdi- CONSULTANT OW dam not hrm Mak mun WwWa Carpwwoft ad Employers UWAfty! MM in s 10.1.2 Cwmhwahs GanwW UMOV. The CONSULTANT 9 a Article 9, InciffluallcoW Trbo dkwW or hdhcdy*= s f 2ft $1.000,000 Pair 0=070M MW S1.000.0M 899MOM for WE! $1, fn s dep pW wftMn ruftelo ft aTY,~for ceavelladon d= to nor"Orwd of . 1 1.3 BWAMM Aulomolfis Uabor. The CONSULTANT CONSULTANTkmmrwo. The 1. CONSULTANTe ft body and If CONSULTANTgo r CONSULTAW 10.1.4 ftbubW Usbillity ( ) Munmw Thu CONSULTANT'stallpvcumlnft nihanwa,smotut of$1, j savias V.5 FINAL C•1 Page 720 of 1269 102 R Md be U* m"mtbft of be CONSLILTANT to wwre thal mill sub. CONSULTANTS 10.3 In CONSULTANTld dftwd in ldnd, the CITY reswim the o rK CONSULTANT u In ( Should Ow CONSULTANT i to ' m m the 10. LT )yem Mowing Me aminaft of um 'in an a n ARTME 1!- 11.1 The CONSULTANTe CONSULTAW DONGULTANT In Oft Conhict aW be cormidered to LT ODNUXTANT shall be atilled to Any bendb accorded CITY CONSMTANT,or my anplaM of CONSULTANT. 41.2 CONSULTANT TCONSULTANT Chapter I Ilk Pladda Stduleik as arnerNfed VWIo Pbcnrdsk CONSULTMfM abogom Inckodes, but Is not ommd to ODNSLXLFANrS to Ow ARTME 12., Ml - Mi T T to som or secure ft Corfiract and ew ft two not paw or agrew lo P"any T or CordnuL For ' or Innutth , Udl C Ys G1 AL cdll Page 721 of 1269 Prh= OF Or r , corwission.pevenWe. ARTICLE 1 - 13.1 EkemGm of ft Cwbzd by the CWMILTANT tI in , mW amwt as of tM date of On Conft& 13.2 The wid nfts aW oW doll ft TY inwrnpWa,or nomcumetwturep rates and pald to outside L (1) ARTICLE 1 - •1SUB-CONSULTANT crtu mod T SLIS-CO]MILTANTS In oftlerto make s SUB-CONSULTANTT Is encotmaged to seek I vendam for pwbdpaftn In subconbacft opmMbeL Ithe CORSUTANTT on mumna B of this"do d"d apptf 142 U a MWOMULTANT ,as required by this Catract wW AIsSUB-CONOMTANT to cmVkft the work In a ftxOy lashlorL #m 00NELLTANTto mcooMm of Sm rmw T . The wbM&n of a subowftftr oW not be adequate cause to exam s dalmy In WW portion of Oft cordrect as sd*offi In ft SmVe vfVMk 14.3 The CONSULTANT, , agmeto be bound bythe Tom w4 Condifto of MCandractard We agreemem vft the SUB4CONSULTANT for work to Le pwkmmd for Ow City fm CONSULTANT ARTICLE 16- 15.1 The CONSULTANT,with mgwd to the work parbmed by I undw ft Contract n.creacL or hwdaV in Vm mdnftn and ARTICLE 16- 18.1 The CONSLILTANTshollor~any of tmmvbw cuvmW by M Burom good, I ' C V.SCLEANFFRAL Page 722 of 1269 ARTICLE 47- 17.1 ACONSULTANT of any breach offt Cv*ad OW nce be 6 • In Iho evw of a wdko wWw, r MW not~ft vwMnq pwWq not 1a operato= a ARTOLF 1 - 18.1 [i notice CONSULTANTd Its for mamma*nWW to Wmksdm. In the emd NW tm CONSLILTANT or causes R t bxWmWy do C" 191.2 In to the CITY.ft MY fur cam. should to CONSULTANT cbmw any cf an mvWW Wma, or d em&we for a period all 4}i T ndke of such re*d of Mum In the want of nanjwpvnnA of obw mahmial bNach af Ole Contrast by ® to mw@Mtm by ur_fi (30)days aW AIMCLEIV—D 10a1 Any dqxft wbft mg of the hme or corAffiams h the cauft In pw§w to Oft Cardred arift ad of or releft to this ConUM shall be Ird a court of law, Conbact Ad No&w In , AMPLE 20—MMggXMgLLMLgZQM 1 In or U&M of pwkmwm do be da to unowtubak Fawn, do eftd of%4*k by to wwdn of FmarAft diligence,ft non.Fwcee*M mean any eueM which resub� In ••kARkm but not knftd to 1 A saywaaRewbumtsC YS Page 723 of 1269 OCUM In such drmmehmm. pwUn ogres 2 NeOw pony due to brom vA*:h®are e remoideaermame"vMromemnalbleciMpakh dictunatorms a 21.1 CITY sivill Affnbh COWATANra pwbwt to CONSULTANTS mWces; d2min or mu*Kwhm CONSULTANT to dfimish bWnor CONSULTANT'S aMm CONSULTANThomunder. and i be mWed to use ind rely W an such inbnmdcn a In phlormirg CONSULTAWS 1 In pnwWing 0 and schodAw for potential pwAft CONSULTANY prowduresa or or econwrile OW opwaftwl owl orsdwWLOL Thamftm,COMMAYANT pr*d comm.Simmial Bomb, isL7 4w odivedulew I not very ®, 1 The swulow to be pwkmud by CONSULTANT of CITY.No pmm or antky s an CONSULTANTS pwbmwm of ft awWm herounder,ard no right to T a Ihkd party as a mauk of this Agmwmd or the CONSULTANTSpedbrrowce of . I V3 CLFAN FINAL Page 724 of 1269 1 in ffftConsi3d OW1 be is to to: 124 E. 1 iL 3.425 And Natters to CONSULTANT,nA be sent to ttta MOWN tom: i w t 1 L 1 ULT affwWM m* by wftn OMWLTANT 2 M the wmM of a cor0Wbvb~m pwhgan a an MMdual Took Oder,ft pwAuion of ft T . 4 In to Agrewwa Is i To ft commy.d twm a To , as to insme CITY of th&II ubmwgwm by State knv. 2 Im wmcftn vMh mW Iftelon or dhw pmceaft arlift o pmvMing wW in D V.S CLEAN F Page 725 of 1269 wjaftn immut*, or extwd CrJYS fthay b&jund the ftft gkdWW in B&ftn M21%Rome OMAN,us amended. ARTICLEV- 27.1 7bg Cily Is public Mency subject 9D Chapftr 119, FjorWa Suautea, % CONSULTANT sWi ww*wM Florida's Public Records Law. Sprewly. The Carnactoir Awl. A. Kapand insintela public mwds required by the CITY to Varfonn McseM= 11 Upon mquast:fim the CITY'S custodian of pubfic fturdiL provide dhe CITY %fth a copy of paquesud recoa6 or all ft peconis to be impacted or copied widda x maunable fte at a con that does nw cmmd the cog pwMW in dupter 119.FIL Stat.or as odHx.%iw provided by Im C. Fx&=that public records*a we exemp or the am coardwifid and awapt from public mad disclosure requimnents am not disclosed wmept as muborizod by law W Me &nufion of*a contract mm " fbllwmiqS completion or Vie oonbact, Contractor WWI destroy A cupics of such coofideatial and exenmk records rwaining in its possession once do canft= trwakm the rccords In Its possession to dtv MY:wW D. Uport empkmion of ft cmftcL Contracidir Anil ftmikr to dw crry. at no to CITY.oil public recordsin Confracter's possessim All meords gored rJactronleally by Convacw ound be providoil to the CfTY.upon request fiam the Crff'S cumodin of public revor&,in a fbmud that is compatible whh ft infornuden technology ryanx of the CITY. L IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPMR 119, FLORMA STATUES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATMG TO THIS CONTRACT,CONTACr THE CUSTODMN OF PUBLIC RECORMS: (cnT CLIERK) P.O.BOX 310 BOYNTON BEACH,FLORMA.,33425 ®7 1. MEMP&M 96yon Readi Uu]Xn-Comm[CcmWdrSScr&m VJ CXXAW MAL Page 726 of 1269 e29-LIMITATION OF THE PARTIES HAVIE EVALUATED SKS AND REMEDIES UNDER THIS AGREEMENT AND AGREF TO ALLOCATE REMIEDES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT. PARENTS. AFMA71ES AND SUBSIDIARIES,AND THEIR RESPECTIVE DMECTORS,OFFICER& SHARE14OLDERS AND EMPLOYEK t-CONSULTANTS COVERED PARTIES1 So THAT THE TOTALA R A LIABILITY OF THE CONSULTANTSb PARTIES SHALL NOT EKCEED THE VALUE S TA S SERVICES UNDER ASSIGNEDTHE TASK ORDOL THIS RESWICTION OF RMVIEDIES SHALL APPLY ALL %CLAIMS,AMONS,LOSSES,CO (INCLUDM AFEB)AWD DAMAOES OF ANY NATURE ARISING O R RELATED TO THIS AGREEMENT WITHOUT ARD TO THE LEGAL THEORY UNDER WHICH SMH LIAMUTY I IMPOSED. CLAIMS MUST BE BROUGHTCALEMAR YEAR FROM PERFORMANCETHE SERVICES UNLESS A LONGER PERIOD IS REWMEb BY LAW. herato ham a fs Conbrad in ffumple copies,anh of whidi"I be consWered an ari DATED thb-�r—day of _ Awa . . a� CfTY OF EKNITTON MACH :° r b*Fanagar cc�*ONMS U !.T 4 :®`® ®®®r * g� a_20 1 CRY CO, { App 9, F Ai W— � uuuan m� , Ai y `�" y Uri" C YS CLEAN FINAL Page 727 of 1269 t � `n w i Ow''. $130 SIX n. r ,uuuu • IQVA ArOOO� t t _ , i 4 .� Re±m6�me �' li 1 C VS CtEA?J FINAL Page 728 of 1269 EXHIBIT"B" praU CO YeWns wompriew av&W lbft 8&-Clq•or ofbumacca mod'Re Ck of Boyntm Ocub 6 to 1■wram ■ by A.M. M of fi .f� ^Ar AUWaMME VWW fiPAAdW F7"luwft ssl of dw limb reoped by did Gry, rurrus ■rW to 1 IM t tfilyl , Gonad tj*ft on"Awwra f IONAMM C k IAKLOWO PI PwmW&A&bjuq JAWMAD ss LMNlity ( ) S t 1 s SASW Psairlm O WdAhUmwa Dmid Fan VaAm UmbwvjndtvRdw&CcSmec Fmasmc"Wkwopusaw CaRmuctiml c CmnWwd ShVt Lhr& s . Any Mo W l wbedaffonftw All wbodcombsed wimatermfiw ffindAwnx s so pipgalk Gnp Ihl S1 Any Aim 09WWWA1260* sI DOMAO AwJ&= JADOMAD Slaosawn FOM AWTSM wbadeurmimcd c I 1 v6saw POW Link s Dim=RVA 9"layet IKLOWW 804"Rklt t s Daylum Dead Us°l e VS CLEAN HWAL Page 729 of 1269 PERFORMANCE EVALUATIONYORM CONSULTING ENGINEERS �. ° ��'� r Bia ovswmet� 77LA DATA . .... Subamaw Fepn 1Cm Y �IOvartdls%._s�[CI¢rliOntl �:� Gir�nc�c� _� Parr,cbw ., .. FWr ll 7. 1 �...Reamimmbbd for Fomrs_a,-C, . 'Pea lr ihan E m:: vlammim,on wwwrai»ot _— , i V CLEAN FINAL Page 730 of 1269 PERFORMANCE EVALUATION FDRM CONSULTING ENGRUERS 3 DESIOWENGINEERING SERVICES AND Y l Illo 5 wWscam WA 00 � 1 2 r-3 12 2 5 s 1 ,2 4 6 5 1 Z 3 4 5 n _ AIA.1111-1`1 .1 i z: 5 ...e 13_ 4 ._...mm.._�..�...:..._��.. many admit aIalF wA6wvwu8dpn of Wmw of daft,R=Kw,and wWmdiom Nam ow we ---------- FINAL DOCUMFMrl PREPARATION,M.&AWARD BY CONSULTANr Rate numhilt, c--scom" A ® i2 3 8 31. d 1 ,.n . 3 - ....... . Al 5 1 2 3 ,4 5 1� � 1 2 5 m q i 2 4 6 3 4 '6' 'Addmuk'� . + i „a. 3 r. 8 P1mne� tl9e of �o1lFoer t tJtirdi�Din�r� � .... . U -ciumlC V.s CLEAN RN Al. Page 731 of 1269 EXHIBIT PERFORMANCE LVALUATtON FORM CONSULTING ENGINEERS ) o� m a i Till, .2 3 46........., i 14. Did Can®uliar�prowidr�ca�pies of sorted i s< apprwM lby d 1 2 3 4 5 12. �E7td the Consubrd awamcan*p problems�Ow C.arwclw,Bukg 1 2 3 4 5 _ .�...... 13. Chanp er*Pnxmmft 1 wy•Tkmdbbem 1 % i3 4 5 14. caudhoon and of a)or g 1 12 3 4 5 e V.SCLEANMAL Page 732 of 1269 x EXHIBIT A PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS r { PLANMNGWWY f s OTHER gfuist .,� e s ki v.i CLEAN nNAL Page 733 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. 201486 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/15/20 VENDOR 13398 SHIP TO: TO: MUNICIPAL EMERGENCY SERVICE, M City of Boynton Beach 3789 62ND AVE N FIRE STATION NO. 5 PINELLAS PARK, FL 33781 2080 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 REQUISITION NO. 77047 ORDERING DEPARTMENT: OUIDA/ FIRE ANN DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 162. 00 EA PREMIER MEMBERSHIP 104 .0000 16848 . 00 VENDOR ITEM NO. - 15000 2 1. 00 EA ANNUAL MAINTENANCE:' FEE: 395 .0000 395. 00 VENDOR ITEM NO. 1600:0: REMARKS.; QUOT"PIG Q` ` 1396724 GYBACK LAKE COUNTY FL :CONTRACT 3,:7-06:06.G PROCUREMENT SERVICES: ,�y, t a r P.O. TOTAL. 17243 .00 ACCOUNT NO. PROJECT 001-2210-522.54-20 PURCHASING Page 734 of 1269 Q N N i I N III W I 09 139 '� I f F O Q O E1 1 1 [y F +T I I CM Q5 [� g ]4 Q I o O I H E R] Q 1 O O I _ $ 1 4 O III U7 I r-t � r I W rN (a."z la 1 I 1 I 1 9 0 z M I I O CS +yj`H {) W Zm 1 C3 4 O i O O 3 FUI m IO M P O O 173 M N H O Km L! I I 9ro g R..,,k Ed i e'.. Q ti W 60 , t Q [J I O (T t E �p H 1 r-4 M d i ma CD 1 H J O I F y U{ ! H I H OD @ U} r1 X ! +W a I O U E+ 2 d 4k7 H i 1 a FD W a s E4 I O ® B Z H N 4�.. F 11 H I H U H Qd` a F I N H I B 6D W H Q t rl + CR W W cl i F F W W u I 1 Z z � ❑WR; Q r I � H ca z ca P 9 W [C] I 1 CP7 �i U3 O 1 f U C3 Com` m 1 I fml z F H FF-:+ ^Y B 1 I H H yr Id 5 9FN W rd.0 P w 4Y I W z W z Cd QIF'+ @ W W W W -,-a O I CIS C1$ CI!Cly I O X Q x U u I W W I a a •A p i E�+H> F e 5 z W 1 ww' W> 1 }+CO>4 Cy E.0 I r=+ il-IYa f aWtxW U) dW 9W W W Ncd V}US U)US iH P H PH F W JJ 2 W O I W yl D4 FS I W W (6 C4 E- �F t3 H F H W H W 0)4 Ga rx W Co W Cw Cfy U] 04J H H Id WHIS HW U W e tb CJS r I xp[x7 m , OW aCLWSSH I�WH a C4 Ck I QUy� WU3N I rr }+ I m Ei I N N d2 W O , I tat u7 W H O I €vI'.�+q N,°>`I[j I F O O U U 2 E1 H a F O r/d H ri d-.t L7 F HE HE i nN N d Lwy H (SI I [y°Q Q o-x. I 02 N U 13€4 €4 O H I WOO 000 UH H rd(v }. H 1 W I H U <EU I U4 0 CA 'A CIj U I x W I d o o O d) 1-1 0 M I W O O P ' H 0 Y.C7 M F W r CK U to U W i F IJS U W 4-I M M i r1 N az H N a MN 1 RI Ch H I t H CY 0 m R m w7�a I P a W ri E 1-1 0 I P a 04 w W tl Page 735 of 1269 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10t000 Date: 9/4/2020 Requesting Department: Fire Rescue Contact Person:.Ouida/AC Mohorn Explanation for Purchase: Premier Membership and Maintenance Fee [Re'commended Vendor Municipal Emergency Service (MES) J,Dollar Amount of Purchase Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy-Back X Budgeted Item Emergency Purchase Other Contract Number: #1 7-0606G NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2210-522-B4-W, Approvals: Department Head Date— Purchasing Agent Date Asst City Manager Date City Manager Date 1 ,2e 4 Form Revised 02101102 Page 736 of 1269 BUDGET TRANSFER REQUEST Page 1 of 1 To. Finance Department From: Fire Rescue Date: 09110!20 Budget Data Only 'Expend as of: Adjustment Expenditures Present Increase Adjusted & Unencumbered Account Number Description Budget (Decrease) Bud et Encumbrances Balance 001-2210-522-64-06 Machinary&Equipment/Safety Equq. 117,809 (17,243) 40,981 (40,981); 001-2210-522$4-20 Train/BKS!Dues/Subscriptions/Memberships 2,385 17,243 19,628 845 18,783 0 _ ® _ I 0 -..... 0 0'. 0 0 0 0 '•. 0 0 ..... 0 0 '' 0 0 0 0 `Use Whole Dollars only -- ---- TOTALS 120,194 _0 19,628 41,826 (22,198) Justification of Transfer: To cover renewals/Memberships/ Maintenace for Firefighters. Munici ral Re�j 77047. Approvals: Budget Office Use Only Department Head: [,-=ument Group# Finance Budget gr: Posted By: Finance Director: City Manager- Page 737 of 1269 Jim o o� 2t�w�"oF3g'4 I X � y 8 � P'8888 ggg® �.reae „i $ X8888888 � 8$8888 i n J i i y Page 738 of 1269 ' ES 1Quote Date 08/25/2020 MUN ICIPAL E I[ Quote QT1396724 Aires 09/24/2020 3789 62nd Avenue North Sales Rep Cool,Troy K Pinellas Park,FL 33781 Shipping Method FedEx Ground Bill To Ship To CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH 2080 HIGH RIDGE ROAD 2080 HIGH RIDGE ROAD BOYNTON BEACH FL 33426 BOYNTON BEACH FL 33426 United States United States ,. 18000 Premier Membership: 162, 16,848.00 16000 Annual Maintenanoe Fee i 395.00 395.00 I z i Subtotal 17,243.00 Shipping Cost(FedEx Ground 0.00 Term 10/1/2020-9/30/2021 Total $17,243.00 This Quotation is subject to any applicable sales tax and shipping&handling charges that may apply.Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current local tax information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable.Effective tax rate will be applicable at the time of invoice. 1111111111111111111111111111111 QT1396724 Page 739 of 1269 FL COUNTY, MODIFICATION Modification Nuber:Six(6) Contract Number: 17-0606G Effective Date: 3/912020 Title: Fire E ui ment Parts-Supplies-Service Effective Date: July 1,2017 Contracting Officer:Amy Munday ContractorName and Address: -mail: arnuandaylak ou€tty11, ov Telephone Number:(352)343-9389 Name; Municipal Emergency Services (MES) Issued By: Address:3789 62nd Avenue,North Procurement Services City: Pinellas Park„ FL 33781 Lake County Administration Building 315 W.Main St.,Suite 441 ATTENTION: Jamie Robinson, Regional VP Tavares,Florida 32778-7800 INSTRUCTIONS:Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten l'101 days ager receitrt. Once fully executed,a copy of this modification will be returned to the Contractor to attach to the original Contract, DESCRIPTION F MODIFICATION:Contract modification to UPDATE and ADD TO the Honeywell,Bunker Gear g uipment listing to contract effective March 99 2020. SEE ATTACHED: CONTRACTOR SIA L LA a:.C r 1 O Signature: Signature PrintNarne: Jamie Robinson Print Name: Title: Regional Vice President ...... Title: Con 'ac in Offic ,.r Date: 06/08/2020 Date w m E-mail: jrobinson@mesfire.com Secondary E-mail: Distribution: Original—Bid File Copy—Contractor. Contracting Officer PROCUREIMENTSERVICES—DIVISfON OFOFFICE OF MANAGEMENT UD(3E'I'S VK P,O,BOX 7800.315 .MAIN ST'.,T'AVARES.FL3277 .P152.343,9839-F352.343,°kd73 Board of Coarw Commissionm.ennv.1akecoLwV 1.gov Page 740 of 1269 Jlt. COUNTY, FL MODIFICATION F CONTRACT Modification Number.Four( ) Contract Number: 17-0606G Effective Date: 6/24/2019 1 Title: „F,ire Elauigment Parts-Su Iies-Service Effective Date: July 1,2017 Contracting Officer: Amy Munday Contractor Name and Address: E-mail- —j munda ct)lakecount f. Telephone Number: (352} 343-9359 Name: Municipal Emergency Services ( ES} Issued y: Address: 3789 62nd Avenue North Procurement Services City:Pinellas Park. FL 33781 Lake County Administration Building ATTENTION: Jamie Robinson. Regiond VP 315 W.Main St., Suite 441 Tavares Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to I'I cure ent_.Services within tenII M days after receipt, Once fully executed,a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: Contract modification to UPDATE and ADD TO the manufacturer listing. SEE ATTACHED: CONTRAII _ L LAKE�Car Y,S ATUISBLOC Signature:,,-' Signature: 4'41,1 "t Print Name:,.,J� ie obinson Print Name: r .� • ...... Title: Regional Vice President Title: Contracting Officer Date. 7/2311 Date: ^ t, ' 4 , .K.K..K waaaar _ �. E-mail: jrobin on rhesfir .co SecondaryE-mail: Distribution: Original—Bid File Copy--Contractor Contracting Officer PROCUI Ml~.N sERVIChS L-DIVISION OF GFF!CE OF MAN GE E °I AI~ID NUDGE"SF:RVIC S RO BOX 78th•31 SSA INI `§' I'AVAPE'E,,FI 2778�?52.343.9 39 R Fs ?,43.9473 Rwrd qf Count €;"ramar ussioners=WW1V,1erker0un(Xf TA?QV Page 741 of 1269 <17-0606G Municipal Emergency ves.p f- FLOAIDA p ewive Daw April 13.2018 3. sy 3. [1krblat sprat nxsc ��' �n •I�,�aiWur� ��1�� „,:. _, Msutk_iprdCaueyScrt3re>a{d[I3Sy 3489 s�Ave.i��ultl .1, 1 [IF @ clks S77RI LAW only lag 2J$W.fiWkal;t. 441 IJaI -ROOMIyke Dvaihm T ri Mi WZ - 6. SPWAL IN St CWnekff b Prored .k H Aw&ft arwrAwks of Ila bei wdftn MWAMW r q .l to raaq:Irarat suer iptr. lnop py+pfr6e ' rapyllafa ulcule 1. OFACrJMOXOP M TtlCAT IGsalirxrsu xt7cd aseam limit N •19'rS�Lobar Ge St#raid labalrS�3 i 'IN and$60 w HurA51%od LoborSlff. 1� Nwikff ta N41kMjL „ � 'r AID1o1imr ilk U. mtur?K?r ^ !r. CsrrureaiarirSignauon Its jllraon 4. aWv YA HUM- v r oLgIt: ,F„nom„—, �♦ ®..®,:�. .._.,,..m.,..�. lu. 'amr aal< No,IMM clrX C • t)I IF"CAL L rW 1%=LWXN2M=VILIN ro.tt�rx.a�3.zuw.euaasr.-ekv. rLsssrr=rastcii .w.r'ux.+Gcsc�n SssnJ xam•xaarow*wSL�r THAWS r.swurww JUNK 0%wwo xlN�tx Yalra+a trait"Nift 4i itsWAU mark.) ri "wool �revxss lkwrsli Page 742 of 1 CONTRACT O. 17-0606G Fire Equipment Parts—Supplies- Service LAKE COUNTY, FLORIDA,a political subdivision of the state of Florida,its successors and assigns through its Board of County Commissioners(hereinafter"County')does hereby accept,with noted modifications,if any, the bid of Municipal Emergency Services (hereinafter "Contractor) to supply fire equipment parts, supplies, and services to the County pursuant to County Bid number 17-0606 (hereinafter" id"), addenda nos. 1 and 2, opening date 12/13/2016 and Contractor's Bid response thereto with all County Bid provisions governing. A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. No financial obligation under this contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this contract. Contractor shall submit the documents hereinafter listed prior to commencement of this Contract: Insurance Certificate—an acceptable insurancecertificate(in accordance with Section 1.8 of Bid) must be received and approved by County Risk Management prior to any purchase transactions against the contract. The County's Procurement Services Manager shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his or her option, declare this contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from July 1, 2017 through June 30,2018 except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty(30)day written notice for the convenience of the County. This Contract provides for four(4)one year renewals at Lake County's sole option at the terms not in the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Manager. LAKE COUNTY, FLORIDA Y.- senior Contracting'Officer Date: Distribution: Original-Bid File Copy-Contractor Copy-Department "Earning Community Confidence Through Excellence in Service Office of Procurement Services 315 W. Main, Suite 441 P.O. Box 7800 Page 743 of 1269 Tavares, Florida 32778-7800 Ph (3521 343_QR_'4_q 9:'—dIr')% IIA12 LAKE_ COUNTY F L © R I D A INVITATION TO BID (ITB) FIRE EQUIPMENT - PARTS— SUPPLIES SERVICE ITB Number: 17-0606 Contracting Officer: D. Villinis Bid Due Date: December 13 2016 Pre-Bid Cont Date: Not Ali'cable Sid Due Time: 3:00 ITB Issue pate: October 24,2016 ,. . E SEC'T`ION 1. Special Terms and Conditions ` SECTION 2: Statement of Work 14 1 SEC ___ TION 3: General Perms and Conditions ____..,..__ � 1 W 2 SECTION 4: Pricing/Certifications/Signatures SECTION 5 Attachments 23 ON€t� UIRF EN �. � � Ax>�AS NOT�i� Proposal and/or Performance bund: Not applicable to this ITB Certificate of Competency/License: Not applicable to this TTB y _ Indemnification/insurance-, Section 1.8 — re- id ConferenceJWaik- ru: Not applicable to this 1T13 Atte date and time specified above, all bids that have been received in a timely manner will be opened, recorded, and accepted for consideration. The names of the bidders submitting bids will be read aloud and recorded. The bids will be available for inspection during normal business hours in the Office of Procurement Services thirty (30) calendar days after the official bid due date. When counter- signed by an authorized County representative, this document and any specifically identified attachments may form the contract document binding the parties to all performance specified herein. Vendors shall complete and return the entirety of this ITB Document, and attach all other information requested in this ITB document(See Provision 1.13). Failure to sign the bid response, or to submit the bid response by the specified time and date,may be cause for refection oft the bid. NO-RESPONSE REPLY If any vendor does not want to respond to this solicitation at this time, or, would like to be removed from Lake County's Vendor List,please mark the appropriate space,complete name below and return this page only. ❑ Not interested at this time; keep our firm on Lake County's Vendors List for future solicitations for this product/service ❑ Please remove our firm from Lake County's Vendor`s List for this product/service. VENDOR IDENTIFICATION Company Name: Phone Number: E-mail Address: Contact Person: 1 Page 744 of 1269 SECTION 1 - SPECIAL TERMS AND CONDITIONS 1T13 Nutnber 17-0606 Section 1.4: Pre-Bid Conference I Site Visits Not applicable to this solicitation. Section 1.5: Term of Contract This contract shall commence on the first calendar day of the month succeeding approval of the contract by the and Of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter distributed by the County's Office of Procurement Services; and contingent upon the completion and submittal of all required pre-award documents. The initial contract term shall remain in effect for twelve (12) months, and then the contract will remain in effect until completion of the expressed and/or implied warranty period, The contract pricing resultant from this solicitation shall prevail for the full duration of the initial contract term unless otherwise indicated elsewhere in this document. Section 1.6: Option to Renew The County shall have the option to renew this contract for four (4) additional one (1) year peri (s). for to the completion of each exercised term of this contract, the vendor shall be notified in writing of the County's intent to renew. It is the vendor's responsibility to request any pricing adjustment in writing under this provision at the time of renewal. The vendor's written request for adjustment should be submitted at least thirty (30) calendar days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase (with copies of manufacturer's invoices, notices of price increases, etc.). If no adjustment request is received from the vendor, the County will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment, Any adjustment request received after the commencement of a new option period shall not be considered. The County reserves the right to reject any written price adjustments submitted by the vendor and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a County prerogative, and not a right of the vendor. This prerogative will be exercised only when such continuation is clearly in the best interest of the County. Section 1.7: Method of Payment Invoices shall be sent to the County user department(s) that requested the items through a purchase order. The date of the invoice shall not exceed thirty (30) calendar days from, the delivery of the goods or services. Under no circumstances shall the invoice be submitted to the County in advance of the delivery and acceptance of the items, In addition to the general invoice requirements stated below, the invoice shall reference, or include a copy of, the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the County user department at the time the items were delivered and accepted. All invoices shall contain the contract and/or purchase order number, date and location of delivery or service, and confirmation of acceptance of the goods or services by the appropriate 3 Page 745 of 1269 SECTION I — SPECIAL TERM AND CONDIJIoNS ITB Number: 17-0606 Property Damage $100,000 Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and/or any other applicable law requiring workers' compensation (Federal, time, etc.) If not required by law to maintain workers compensation insurance, the vendor must provide a notarized statement that if he or she is injured,he or she will not hold the County responsible for any payment or compensation. Employers Liability insurance with the following minimum limits and coverage: Each Accident $100,000 Disease-Each Employee $100,000 Disease-Policy Limit $500,000 Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, shall be named as additional insured as their interest may appear on all applicable liability insurance policies. The certificate(s) of insurance, shall provide for a minimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the provided insurance. it is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. If it is not possible for the Vendor to certify compliance, on the cortificate of insurance, with all of the above requirements, then the Vendor is required to provide a copy of the actual policy endorsements)providing the required coverage and notification provisions. Certificate(s) of insurance shall identify the applicable solicitation (nB/RFP/RFQ) number in the Description of Operations smtion of the Certificate. Certificate holder shall be: LAKE COUNTY,A POLITICAL SUBDIVISION OF TEE STATE OF FLORIDA,AND THE BOARD OF COUNTY COMNOSSIoNERS P.O.BOX 7800 TAVARES, FL 32778-7800 Certificates of insuranm shall evidence a waiver of subrogation in favor of the County, that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the County. The Vendor shall be responsible for subcontractors and their insurance. Subcontractors are to provide certificates of insurance to the prime vendor evidencing coverage and terms in accordance with the Vendor's requirements. Page 746 of 1269 SECTION 1 — SPECIAL TERM AND CONDITIONS IM Number; 17-0606 Section 1.10J.- Shipping Tenns,F.O.B.Destination-Inside Deliver y The F.O.B. point for any product ordered as a result of this solicitation shall be F.O.B.: DESTINATION—INSIDE DELIVERY. The title for each item will pass from the contractor to the County only after the County receives AND accepts each item. Delivery will not be complete until the County has accepted each item. Delivery to a common carrier shall not constitute delivery to the County. Any transportation dispute shall be between the contractor and the carrier. The County will not consider any bid or proposal showing a F.O.B. point other than F.O.B.: Destination—Inside livery. Section 1.10.2. Back Orders If the vendor cannot deliver an ordered item in accordance with the scheduled delivery date due to a current existing backorder of that item with the vendor's manufacturer or distributor; the vendor shall insure that such back orders are filled within ter) (1 0) calendar days from the initial scheduled delivery date for the item. The vendor shall not invoice the County for bark ordered items until such back orders are delivered and accepted by the County's authorized representative. It is understood and agreed that the County may,at its discretion, verbally cancel back orders after the grace period identified in this paragraph has lapsed, seek the items from another vendor, and charge the incumbent vendor under this contract for any directly associated re-procurement costs. If the vendor fails to honor these re-procurement costs, the county may terminate the contract for default. Section 1.11. Acceptance of Goods or Services The product(s) delivered as a result of an award from this solicitation shall mmain the property of the contractor, and services rendered under the contract will not be deemed complete, until a physical inspection and actual usage of the product(s) and/or service(s) is (are) accepted by the County and shall be in compliance with the to herein, fully in accord with the specifications and of the highest quality. Any goods and/or services purchased as a result of this solicitation and/or contract may be to for compliance with specifications. In the event that any aspect of the goods or services provided is found to be defective or does not conform to the, specifications, the County reserves the right to terminate the contract or initiate corrective action on the part of the vendor, to include return Of any non-compliant goods to the vendor at the vendor's expense,requiring the vendor to either provide a direct replacement for the item, ora full credit for the returned item. The vendor shall not assess any additional charge(s) for any conforming action taken by the County under this ctause. The County will not be responsible to pay for any product or service that does not conform to the contract specifications. In addition, any defective product or service or any product or service not delivered or performed by the to specified in the purchase order or contract may be procured by the County on the open market, and any increase in cost may be charged against the awarded contractor. Any cost incurred by the County in any re-procurement plus any increased product or service cost shall be withheld from any monies owed to the contractor by the County for any contract or financial obligation. 7 Page 747 of 1269 SECTION I — SPECIAL TERM AND CONDITIONS M Nu ben 17-0606 in an opaque envelope/package to provide confidentiality of the bid or proposal prior to the due date stated in the solicitation. If you plan on submitting your bid or proposal IN PERSON,please bring it to: LAKE COtJNTY PROCUREMENT SERVICES 315 W.MAIN STREET 4TH FLOOR,ROOM 441 TAVARES, FLORIDA If you submit your bid or proposal by the UNITED STATES POSTAL SERVICE (USPS), please mail it to: LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES,FL 32778-7800 If you submit your bid or proposal by a THIRD PARTY CARRIER such as FedEx, UPS, or a private courier,please send it to: LAKE COUNTY PROCURE NT SERVICES MAIL RECEIVING CENTER 32400 COUNTY ROAD 473 LEESBURG,FL 34788 Facsimile(fax)or electronic submissions(e-mail)will not be accepted. Section 1.14: Completion Requirements for Bids The bid submittal shall consist of this entire ITB document,with required sections completed by the vendor. Ensure that you sign the bid in the, certification box in Section 4. One (1) signed original, two (2) complete hardeopieN, and one electronic copy aump drive/CD) of the bid shall be sealed and delivered tote Office of Procurement Services no later than the official bid due date and time. Any bid received after this time will not be considered and will be returned unopened to the submitter. The County is not liableorresponsible for any costs incurred by any Bidder in responding to this ITB including, without limitation, costs for product and/or service demonstrations if requested. When you submit your bid,you are making a binding offer to the County and are agreeing to all of the terms and conditions in this Invitation to Bid. Use only the fon (s) provided in this document If you make any change to the content or format of any form, the County may disqualify your offer.All information shall be legible and either written in ink or typewritten. If you make a correction or change on any document, the person signing the bid proposal must initial the change, The bid shall be manually signed in BLUE INK by an official Authorized to legally bind the Bidder to its provisions. 9 Page 748 of 1269 SECTION I - SPEC LAL TERM AND CONDMONS ITO Number: 17-0606 Section 1.17: Catalogs/Price Lists The vendor shall provide its website address on page 21 of Section 4 where product catalogs and price lists are available for viewing and/or downloading. With the bid submittal,the vendor shall include a CD or thumb drive of the current catalogs and manufacturer's price lists for the brands quoted. Failure to meet this requirement may result in the offer being rejected. Upon request,the vendor shall provide bardoopies of the manufacturer's product catalogs and price lists at no additionai cost to the County. SeCtiOR 1.18. Compliance with Federal Standards All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association(NFPA). Section 1.19:Hourly Rates The hourly rate quoted shall be deemed to provide full compensation to the vendor for labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight-time for all labor, except as otherwise noted. The vendor shall comply with minimum wage standards, and/or any other wage standards specifically set forth in this solicitation and resultant contract, and any other applicable laws of the State of Florida. If overtime is allowable under this contract it will be covered under a separate item in the special clauses Section 1.20: Labor,Materials,and Equipment Shall be Supplied by the Vendor Unless otherwise stated in this solicitation, for service to be performed, the vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance, When not specifically identified in the technical specifcations, such serials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. Section 1.21: Pure.hase of they Brands Although this solicitation and resultant contract identifies specific brands, it is hereby understood and agreed that additional brand(s) may be added to this contract at the option of the County. Under these circumstances, a County representative will contact vendor(s) to obtain a quote for the additional brand(s). If the discount proposed by the vendor for the additional brand(s) is considered to be fair and reasonable, then the brand(s) would be added to the contract through the issuance of a modification to the contract. The incumbent vendor(s) has/have no exclusive right to provide these additional brand(s). The County reserves the right to award additional brand(s) to the lowest priced contract vendor, to multiple contact vendors, or to acquire the items through a separate solicitation if it determines Page 749 of 1269 SECTION I — SPECIAL TERMS AND CONDITIONS ITB Number- 17-0606 The vendor all designate a competent person of its organization whose duty shall be the prevention of accidents at this site. This person shall be literate and able to communicate fully in the English language because of the necessity to read job instructions and signs, as well as the need for conversing with management personnel. This person shall be the vendor's superintendent unless otherwise designated in writing by the vendor to the Contract Manager, Section 1.26: Special Notice to Vendors Regarding Federal and/or State Requirements Upon award of a contract resulting from this solicitation, the vendor shall utilize, the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing use of the system to confirm.the employment eligibility of: 1) All persons employed by the vendor during the term of the contract to perform employment duties within Lake, County; and 2) All persons, including subcontractors, assigned by the vendor to perform work pursuant to the contract, Section 1.27: Training When applicable, the vendor shall supply the County with a minimum,of one(1)comprehensive training manual which describes the'appropriate use of the equipment purchased by the County in conjunction with this solicitation. The manual(s) shall be included with the equipment upon delivery. Final payment shall be withheld until such time as these manuals'are received by the County. Upon request, the vendor shall provide an intensive training program to County employees regarding the use of the products or services supplied by the vendor in conjunction with this solicitation. This training shall be no additional charge to the County. rfbe vendor shall bear all costs of registration fees and manuals and texts, or other instructional materials associated with the required training. Section 1.28., Wage Rates Under this contract, the wage rate paid to all laborers, mechanics and apprentices employed by the vendor for the work under the contract shall not be less than the prevailing wage rates for similar classifications of work as established by the Federal Government and enforced by the U.S. Department of Labor, Wages and Hours Division, and Florida's Minimum Wage requirements in Article X, Section 24 (f) of the Florida Constitution and enforced by the Florida Legislature by statute or the to Agency For Workforce Innovation by rule, whichever is higher. 13 Page 750 of 1269 SECTION 2 — STA NT OF WORK 1T8 Numb,": 17-0606 Upon approval of the estimate, the, County's authorized representative shall generate and issue a Work Order for the specific repair project.The Work Order shall include the scope of work to be completed. For purposes of identification and payment, the Work Order shall be numbered and dated. The vendor's name shall then be entered on the Work Order and that order will then be issued to the vendor. The Work Order shall also direct the vendor to commence work on a certain day and it shall specify the amount of time allotted for completion of work covered by the Work Order. All work covered by a Work Order shall constitute a Contract Schedule. DeliveKy LocL&ons Fire Rescue Vehicle Maintenance/Fleet Division 25028 Kirkwood Avenue AstatuK FL 34705 Department of Public Safety Fire Station No.20 37711 SR 19 Umatilla,FL 32784 Department of Public Safety 315 W Main St Suite 411 Tavares, FL 32778 County Fleet Management Division 20423 Independence Boulevard' Grovel d,FL 34736 15 Page 751 of 1269 SEC'ITON 3-GE NERAL TERMS AND CIJONS ITB Number. 17-0606 C. An authorized agent of the bidder's firm must sign the bid, C 119 ofthe Florida Statutes(the"Public Record Act."),The WD MAY UNDER bidder should not submit any information which The bidder SID NON- N considers proprietary or confidential. The submission of any D. The bidder may be considered non-responsive if bids are Information to the County In connection with any solicitation shall conditioned to modifications, cherips, or revisions to the bed conclusively to be a waiver of any protection from terms and conditions of this solicitation. release of the submitted Information unless such informotion. is E. The bidder may submit afternate bid(s) for the same exempt or confidential under the Public Records Act. solicitation provided that such offer is elle lc ander the 3.10 CANCELLATION OF SOLICITATION W=and conditions. The Wterriato bid must meet or exceed The County reserves the right to cancel,in whole or in pad, any the minimum requirements and be submitted as a separate bid Invitation to Bid when it is in the beat interea of The County. marked"Alternate Bid". 3.11 AWARD F. When them is a discrepancy between the unit prices and any A. Unlew otherwise allowed by statute or ordinance,award will extended prices,the unit Prices will prev". be made to the lowest priced responsive and responsible Q Any bid received after the stipulated bid due date and time bidder, The County reserves the right to reject any and all throno no fault of the County will be considered late, and bids,to waive non `al irregularities or technicalities and except under the most excelftional circumstances, not be to re-adverflat for at or any part of this solicitation as consideted for award, domed in its best inWrust. The County shall be the solo H. Unless otherwise specified in the solicitation, prices quoted judge of its best intemsL "I be F.0.13.Destination, D. When there we Multiple fine items in a solicitation, the 3.4 COLLUSION County reserves the right to award on an Individual item When two(2) or more related ponies, as defined herein, each basis, any combination of items, total low bid or in submit a bid fbr the same contract, or evidence 'any prior whichever manner deomed in the beg interest of the County, undurstaiWing,agreement or oo=ection in such regard,such bids This provision spedfleally supersedes any meffiod of award shall be presuired to be collusive. Related pardes shall mean criteria stated in the solicitation when such action is cloudy bidder or principals thereof that have a direct or indirect ownership necessary to protect the beg interests of the County, interest in another bidder for the same contract or in which a parent C The County reserves the right to reject any and all bids if It is company or the principals thereof of one bidder have a direct or determined that prices are excessive or determined to be indirect ownership firlerest in another bidder for the same contract, un able, or it is otherwise determined to be in the Bids found to be collusive shall he rejected. Bidders which have County's best interest to do so. been found to have engaged in collusion rnay be considered non- D. The County reserves the right to negotiate prices with the low responsible, and my be suspen&d or debamd. Any contract bidder,provided th2t the scope of work is not amended. resulting from collusive bidding nay be terminated for default, E. Award will only be made to firms that satisfy all legal 3.5 PROHMITIOK AGAINST CONTINGENT FFES requirements to do business with the County. The County The vendor warrants that they have not employed or retained any may conduct a pro-award inspection of the bidder's site or company or persork other than a bona fide employee working conduct a pre-award qualification meeting to determine the solely for the vendor to solicit or secure the contract and that they responsibility and capacity of the bidder to Pcrform. Award have not Paid ora to pay any person,company,corporation, may be predicated an compliance with and submittal of all individual,or firm,other than a bona fide employee working solely required documents as stipulated in the solicitation. for the vendor,any consideration contingent upon or resulting from F. The bidder's performance as prime or subcontractor on thea or making of the contract Previous County contracts shall be taken into account in 3.6 CONTRACTING WITH COUNTY EMPLOYEES evaluating the responsibility of a responding bidder, Any County employee or member of his or her immediate family G. All tie bids will be resolved in consortance with current scoldrig to contract with the County shall seek a conflict of interest written procedure in that regard. opinion from the County Attorney prior to submittal of a respo= H. A vendor wishing to protest any award decision resulting from to contract with the County. The affected employee shag disclose this solicitation shall do as Provided for in the County's the employee's assigned function within The County and interest or Purchasing Procedure Manual. the interest of his or her immediate fir dly in the proposed contract 3.12 GENERAL CO Cr CONDITIONS and the nature of the intended contract. The contract shall be binding upon and shall inum to the benefit of 3.7 INCURRED F"ENM each of the ponies and of their respective suemsors and permitted 'this solicitation does not commit the County to award nor be assigns. The cordruct may not be amended,released,discharged, responsible for any cast or expense which may bei d by any rescinded or abandoned, except by a written instrumew duly bidder in preparing or submitting a bid, or any cost or expense executed by each of the parties hereto. The failure of any party incurred prior to the:execution of a purchase order or contract By hereto at any time to enforce any of the provisions of the contract submitting a bid,the bidder also agrees that the County bears no Will in no way constitute or be construed as a waiver of such responsibility for any coats of the bidder associated with any provision or of any other provision hereof,nor in any way affect administrative or judicial proceedings resulting from this the validity of,or the right thereafter to entorce,each and every solicitation process, provision of the contract Any dispute arising during the course of 3.9 COUNTY IS TAX-EXEMPT contmot performanco that is nut readily rectified by coordination When purchasing on a direct basis,the County is generally exempt between the vendor and the County user departtuent &W be fkom Federal Excise Taxes and all State of Florida sales and use referred to Procurement Services offloc for resolution. tinum. The County will provide an exemption corlifloate upon 3.13 OTHER AGENC= request by the soller for such purchases. Except for it s) With the consent of the vendor, other agencies may make sped fleally identified by the vendor and accepted by the County pumbases in accordance with the contract Such purotw=shall be Sar direct County purchase under the Saks Tax Recovery Program, governed by the some terms W conditions as stated herein with contractors doing business with the County are not exempt from the exception of the change in agency name. paying sales tax to their suppliers for materials needed to fulfill 3.14 CONTRACT MI.ENsIoN contractual obligations with the County, not is any vendor The County has the unilateral option to extend a contract for up to authorized to use the County Tax Fxemptions fors purchases, ninoty(90)calendar days beyond the current contract period, in 33 PROPRIETARY/CONPIDEmrIAL wFonmATIoN such event;the County will notify the vendor(s)in writing of such Bidders are hereby notified that all information submittet!as part extensions. The contract may be extended beyond the initial of Et bid will be available for public,inspection in compliance with ninety (90) day extension upon Mutual agreement between the 17 Page 752 of 1269 SECTION 3-GENERAL TERMS AND CONDITIONS ITB Number. 17-0606 ----------- suppliers in c0anection with the work puformed hereunder. If an 800.755.5111 audit inspection or exattaination pursuant to this section discloses 3.33 PRIME CONTRACTOR overpricing oro of any net=by the CONTRACTOR The vendor awarded the contract shall act as the prime contractor to the COUNTY in excess of one percent(1%)of the total contract and shall assume I)WI responsibility for successful performance of billings,in addition to an adjustments for the overchinges,the the contract. The vendor shall be considered the sole point of reasonable actual cost ofthe COUNTY's audit shall be reimbursed contact with regard to meeting all requirements of the contranart.All to the COUNTY by the CONTRACTOR, Any adjustments and/or subcontractors will be subject to advance review by the County in payments which must be made as a result of any such audit or regards to competency and security concerns After thea of inspection of the CONTRACTOWs invoices auslior records shall the contract no change in subcoutractors,will be made without the be made within a reasonable amount of time,but in no event shall consent of the County. no vendor shall be responsible for all the time exceed ninety (90) days, from presentation of the insurance, permits, licenses, and related matters for any and all COUNTY's audit findings to the CONTRACTOR. subcontractors, Even if the subcontractor is self-insured, the 3.30 ]PUBLIC RECORDSf COPYRIGHTS County May require the contractor to provide any insurance Pursuaint to Section 119,0701, Florida Statutes, die swardW certificates required by The work to be performed. contractor shall comply with the Florida Public Records'laws,and 3.34 FORCE MAJEURE shall: 1.Keep and Maintain Public records required by ft County The parties will excmise every reasonable effort to meet their to perform the services identified herein.2.Upon request from tho respective obligations hereunder,but shall not be liable for delays County's custodian of public recoards,provide the County,with a resulting from force rrijeure or other causes beyond their copy of the requested records or allow the records to be inspected reasonable control,including,but not limited to,compliance with or cooed within a reasonable time at a oust that does not axoeed revisions to Govemmerit law or regulation,Ws of nature,sets or the cost provided for by law,3.Ensure that public records that are Omissions;of the other party,fares,strikes,national disasters,wars, exempt or confidential and exempt from public records disclosure riots,transportation problorm;and/or any other cause whatsoever requirements are not disclosed except as authorized by law for the beyond the reasonable control of the patties. Any such cause may duration of the contract term and following completion of the be cause for appropriate extension of the performance period. contract if the contractor does not ftanisf6r the records to the public 3.35 NO CLAIM FOR]DAMAGES agency.4.Upon completion of the contract,tranffer,at no cwt,to No claim for damages or any claim other than for an extansion of the County all public records in possession of the contractor or time shall be made or asserted against the County becuose of any keep and maintain public records required by the County to delays. NO interruption,Interfaerim inefficiency,Suspension,or perform the service, If the contractor transfers all public records to delay in the commencement or Progress of the Work shall relieve the County Won completion of the contract,the contractor shall the vendor of duty to perform,or give rise to any right to damages destray any duplicate public records that m exempt or or additional compensation from the County. The vendor's sole confidential and exempt from public records disolmure remedy shall be the right to seek an extension to the contract time. requirument& If the contractor keeps and maintains public records However,this provision shall not preclude recovery ofd by upon completion of the contract, the contractor shall raroet rill the vendor for hindrances or delays due solely to fraud,bud faith, applicable requirements for retaining public records. All records or active interf6renee on the part of the County. stored olMronically mug be provided to the County,upon request 3.36 TRUTH IN NEGOTIATION CERTIFICATE from the County's custodian of public records in a Fermat that is For each contract that exceeds One Hundred Ni Five Thousand compatible with the infornr9on technology systems of the dollars ($195,000.00),any organization awarded a conatiract must County. Failure to comply with this on shall be deemed a execute a truth-in-negotiation certificate staling that the wage rates breach of the contact and enforceable as set Earth in Section and other factual unit costs are accurate,complete,and current at 119.0701,Florida Statutes. the time of co ling Any contract requiring this certificate shall Any copyright derived from this Agreement shall belong to the contain a provision that the original 0on(twt price and any author.The author and the CONSULTANT shut expm5ly assign additions shall be adjusted to exclude any significant sums; by to the COUNTY nonexclusivr,royalty free rights to use any and which the County determines the contract price was increased due all information provided by the CONSULTANT in any deliverable to in lo, incomplete, or non-current wage rates and other andlor report far the COUNTY's use which may include factual unit costs. All such contract adjustments shall be made publishing in COUNTY documents and distribution as the within one(1)year following the end of the contract. COUNTY deem to be in the COUNTY's best interao. K 3.37 GRANT FUNDING anything included in any deliverable limits the rights: of the In the event any pan of the contract is to be funded by federal, COUNTY to use the information, the deliverable shall be state, or other local agency monies, the vendor hereby agrees to considered defective and not aGwplable and the CONSULTANT comply with all requirements of the funding entity applicable to will not be eligible for arty compensation. the use of the monies,including full application of requiron=ts 3.31 GOVERNING IA W5 involving the use of minority firms,women's business enterprises. The interpretatioA eand validity of any contracts)resulting and labor surplus area firms. Vendors are advised that payments from this solicitation shall be governed by the laws and regulations under the contract may be withheld pending completion and of the Slue of Florida,and Dike County,Florida. Venue ofany submission of an required forms and documents required of the court action shalt be in Lake County,Florida. In the event that a vendor pursuant to the game funding requiremeram suit is brought few the enforo=Erat of any term of the contract,or 3.38 TOBACCO PROiDUCTS any right arising there from, the parties expressly waive their Due to the acknowledged hazards arising from wrposurc to tobacco respective Tights to have such action tied by jury trial and hereby products,and to Protect the public and employ='hcalt14 sdety, consent to the use of noti-jury bin]for the adjudication of such suit. comfort and environment tobacco use is prohibited on any County 3.32 STATE REGIMATION REQUIREMENTS owned building and property. Tobacco products include both Any corporation submitting a bid in response to this TIB shall smoking and smokeless tobacco. either be registered or have applied for registration with the Florida Department of State in accordance with the provisions or Chapter 4507,Florida Statutes. A copy of the registration/application may be required prior to award of a contract. Any partnership submitting a bid in response to this ITB shall have complied with the applicable previsions of Ctmpkr 620, Florida Statute& For additional inferurtation on these requireasurits, please contact the Florida Secretary of State's 011ice. Division of Corporations, 19 Page 753 of 1269 CTS — / /SIGNATURES lTB Number: 17-0606 GSECTION (Submit discounts and hourly service rates in Attachment 2"Pricing Form") 1. Warehouse 1 on: 3789 62 Ave City/State/Zip: Pinellas Park F1 33781 Telephone/Fax- 727-521-2135 Fax 800-719-5871 2. Shop location: Add 3789 62 Ave N City/S Zip: Pinellas Park Fl 33781 u Telephon ax: 727-521-2135 Fax 0-719-5871 3. Website address for price lisbVc ogs: .mesfirexom 4. Standard Warranty: ®MfG suggested warranty_._mm, 5. Lead time )(tem specified 6. Minimum order(if any): NIA 7. Handling fee if less than minimum(if applicable): /A 8. Does your firm offer pickup d delivery of vehicles and equipment needing repair? Yes X No_ Charge for delivery/pickup; None 9. Does your firm have towingcapabilities? Yes No X Towing charges: 10. Will your firm accept Visa Purchasing Cards or E-Payable form of payment?Yes—X—No 11> Vendor contact for emergency and/or disaster service 24 hours/7 days per week: Name: Jamie Robinson Telephone: 727-521-213511-.1-- .....— Cell: 727-686-0020 12. Exceptions to specifications: *I[Yes.insert jq separate sheet Immediately following this a,@,,detafflng exce tions 21 Page 754 of 1269 CTI 5—ATTACEUdENTS r B Number: 17-0506 ATTACHED:THE FOLLOWING DOCUMENTS ARE Attachment 1: Reference Form Attachment 2: Pr'cinForm 3 Page 755 of 1269 ATTACHMENT - PRICING FORM — Current brands in use by the Fire Rescue Division include the following. Please complete the following information for those brands supported by your firm. Enter"yes"or"no"for stocking distributor. If you represent other manufacturers for similar fire-related equipment, parts, or supplies not listed,please add the manufacturer and pricing information in the blank spaces at end of pricing table. Discount o � Hourly Rate for Stocking Brand List Price Repair Service Distributor? 3M COMPANY 15% N/A I No ABLE 2 SHO ME 10% N/A No j' ACTION 25% $50 No AH STOCK 10% $37 No AIM No bid AJAX 10% $34 Min order$50 '' ON BRASS No bid ALL AMERICAN FIRE HOSE No bid ALLEN SYSTEMS No bid ALCOLITE(SAM CARBIS) 10% $40 No � ,w AMEREX Net plus 20% 1 $42.50 Yes MAMERICAN FIREWEAR 15% $30 Yes E AMERICAN LAFRANCE No bid �m _: ANGUS 20% $48 Yes E E ANSUL FOAMS 15% $35 7 Yes APPLECROFT No bid B&B ENTERPRISES 15% N/A No - _ BIO SYSTEMS No bid BLACKINTON BADGES 10% $16 No F F s BOUTON CO No bid _... BULLARD—HELMETS 20% $32.50 Yes 1 BULL —OTHER 10% 32.50 Yes L , Page 756 of 1269 FIRE= 10% $42.50 Yes ®. ............. FIRE POWER No bid FIRE UIP No bid a, m,,.R,,.., ®..__ FLAMEFIGHTER 20% $41.50 No —wwww _ ------- FOL-DA-T 20% $36 No $28 .. GETOR 20% $28 Min order$75 , - _-. .,.�,,,,,,,,, GLASSMASTER WEHR 15% $22 No GLOBE No bid GLOVE CORP No bid . -� GO AN RUPP PUMPS No bid =,o — ....... „ .u, HALE FIRE PUMPS List $45 No HANNAY'REELS 10% $30 No HARRINGTON 25°/® $22 No HAZARD CONTROL No bid EBERT List $55 No OLATRO ° No bid HONEYWELL—PPE 10% 1 $45 No HONEYWELL HELMETS&PARTS 10% ;, $37 Yes HONEYWELL PRO WARRINGTON 10% $40 Yes —...... . ....... s. HUMAT List _ $20 No , — HUSKY 25% $45 ._ . No. ,., .............. ., HYDRA SHIELD 12% $31 No IMPERIAL HOSE No bid IOWA AMERICAN No bid JANESVILLE No bid JUSTRITE 20% "$22 No i N MFG _._....... r.( No bid — , _,. KAPPLER List $35 No Page 757 of 1269 ........................................ PIGEON MOUNTAIN INDUSTRIES 10% $25 No ........... PLANO No bid -------------------------- ...... R&B FABRICATORS 10% $35 No RAN7 GER RUBBER 15°/® $25 No RAWHIDE FIREHOSE No bid ........................ REDHEAD BRASS No bid .................. ...... REFLEXITE No bid . ...................... RICE HYDRO CO 10% $65 No ............ SCBAS 15% < $55 No SCOTT AVIATION No bid ........... ............ SECURITEX [No'bid .................................. SENSIBLE MOUNTS 1 15% $55 No SERVUS BOOTS No bid --- ...................... SHELBY WOLVERINE List $50 No SNAPTITE No bid ................................ sSNORKEL No bid ....................... SOUTH PARK 20% $45 No SIGNAL VEHICLE PRODUCTS No bid ............... CLASS ONE(SPAN INSTRUMENTS) No bid SPUMIFER No bid STERLING ROPE 15% $22 Yes SUPERVAC 5% $45 No --.................. —------- TNT TOOLS 10% $55 No .................... ................ TASK FORCE TIPS (TFT) 5% $45 Yes ®—------ ——— --------------- ........... THOROGOOD/WEINBRENNER/LION 15% $37 No BOOTS ................... .............................................. ......................... SUPERIOR PNEUMATIC No bid ............... TASKMASTER a No bid List N/A No ............. TE ...................................... ............... ------ -— ------- Page 758 of 1269 ............................. Chemguard 10% N/A Yes —-—---------------- ................... ........ CMC Rescue 10% $50 Yes ............... CrewBoss 20% $25 Yes Decon Systems(Saunaray) I List $70 No Diamond Wipes(Hera Wipes) 5% N/A Yes —----- .............. Dragonfire Q Scott Solutions) 20% $27 Yes DuPont 5% $60 No ............ ..... t Eastern Fire Equipment Services 5% No Elbeco 10% 120 Yes -—--------------- -—---------- Energizer 10% N/A Yes Ergodyne 20OX $30 Yes 0 ESS 20% $22 1 Yes ................ Euramco(Ram Fan) 15% ' $55 Yes -7j EVAC Systems 5% $50 No -- ---------------------- ............... Fire Innovations 10% N/A No ........... Fire Research(FRC) 15% N/A No ............ -------- Fire Soaps 5% $N/A No Diamond Wipes(Fire Wipes) 5% N/A Yes ....................... �......—------ Firecorn 5% $50 No FireCraft Gas Detecion(Sensit) $105 No -—------------ FireCraft Gloves 10% $35 Yes ......................... First Tactical 10% N/A No ........... FSI North America List $85 No FoxFire 10% $40 No FoxFury 10% $40 No ... ....... ......... Fresh Gear 5% N/A Yes ----------------- Grace Industries List $45 No ........... .... ............. Groves/Red Rack List $10 No Page 759 of 1269 PMI Rope 10% N/A No Point Blank. Per NASPO $55 No ................,. ................ Protective Industrial Products(PIP) 10% $55 No Radians 10% $40 _ No ®....... ------------ , ._................. RAIE Systems 5% $70 No Redback Boots 0% $24 Yes I Rescue 42 5% $63 Yes Ringers, List $50 Yes RIT Safety Solutions 10% $38 No _............. ..,.. Rock N Rescue 10% N/A No - Savox List $100 No Scott Safety compressors and parts 5% $105 No - Scott Safety gas detection 5% $90 .-[Yes i Scott Safety-SCBA and parts 15% $85 Yes Scott Safety-SCBA flow test-per $45.00 N/A Yes SCBA Scott Safety-Thermal Imagers 5% $85 Yes f Scott Safety--Thermal Imager parts List $85 Yes i ScoU/3M Fit testing-per mask $35.00 N/A Yes Scotty Firefighter 15% 1 $60 No Seek Thermal 5% $45 Yes Shelby List $50 No Silent Partners List N/A ! Yes - .......................... Si ulaids 5% $60 No SM Smith 5% $35 No StatPacks �� " 10% -�~ � $25 No ...__. Steck 10% N/A No ..�. ,, . .... Streamlight 15% $55 Yes Target Solutions List N/A Yes Task Force Tips-Blitzforce series List $45 No Page 760 of 1269 ° CERTIFICATE OF LIABILITY INSURANCE THIS 1 9 I " 01 C01TIFICATE DOES NOT I L TCERTIFICATE_ I AFFIRMATIVELY L mALTER CERTIFICATEBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE-11MEM THE ISSUING REPRESENTA7WE OR PRODUCER,AND THE .IN POI I have A D DIWONA� L rN SU�::. mI. PRO _such,endommenili . 195tt Swamp Road,Sufte 201FRImIngton CF M2 860-678-4000 P Y . ,....... VUI�IN RC® ►e tR ' °CASually o e 2,5 574 7 Ti Municipalrvi q T Tra ,len f it fi r� .m (}. sc X956 —SUM � - �. ®m ,&Dulhhuy CT D6M JI, , gine COVE ES CERTIFICATE NUMB R: 4 Ir is P THIS IS To CEHUTFySION7 E POLIIaf S t)F f SIJ LISTED BELOW � S � INDICATED. NoTV�! T f3i LJI� EtJT, OR CONDITION of a4PiY oC� �dais � oo UMENT WITHED RESPECT To WHIPOLICYCH THIS Fl MAY I �Ef1 0 t' T411U, 119SU CE AFFORD SY lEoIES 1? S E N IS SUBJECT RLL EXCWSIo D �t[31770 of fi LIMES.LIh1 S � VE SEES tloE[3 S°{IgRif�o S, TERMS,THE 1�s � ,. . �:.. �.. 1m, TYPE�r i�i�ia a PO NUMBER . A i 15 12 16 COMMERCIAL a 344 ED CLAIMS . � m �I ((}g _... 3� L 7Llhi.® ffi IAIJ_ Y 4 , rf RPS - 1,000 POLICY JI C GENERALmC�� 4i LICTae I!SSR9Urc AUTOMOBILE LLMLITv r .. r N 810-3619A5154TRA 12429120159�016 INO L-LWrT 1-0� LY INJURY r af�Fl�uL I� .__.o...._ $ A 03 ONLY AUTOS �KFURY anmeno rOB L4r7hILY O fay IV ld Ivy15U 2I 1 9 1 4 1fiOCCURRENCEI (1 . . ESS I® OLNEma-MAIDE11GR EGATE X, Rff MRIs —— AM Pa.OMS, I f �� -3639A4s4- 1Jt29[2015 12629�LD16 1. - 3�AW pf$OPRIETOR�ARTN _... .... ... O EXCLUDED? t NPR EL EAoli Cl f QA-Mw IN I" � I _ I L �mII .......... �t9 d ma �._ IG AG - LB LI tT �,.�.— mM 6E Ia1ATB0ti OPOPERATNONS J TIS �1 H oifib��a . . R*rrm ed , be tamd if m b o qv g Sr Sid 1`7-a e County,A Politleat SuMvislon of fila State Of Sorida,and ffic Board of Couarty COMIndadown,it§officers,ofHnla%and emPloyem am lucikuled as Additional Insured on tine General Uabii€ly ag required by written contract, Pl'"y TE-. ACANCELLATION 44 LOW County 1 o O F THE ABOVE DIESCMBED POLICIES BE C&NIMLLED BEFORE A stozStatez€Florida, D _ Fp fl and the Board o County ssio rs E POLICY PROVISION& Box 7900 Ta vares FL 777 AUTHOMMD REPRESENTAIM tl 1 AGO D_CORPORATION. ACORD 25 _ i name and logo are reg Istered r Page 761 of 1269 6A .. 6 ;_fit p Iva et fti Ld_. r;: y. PIU:.:_ W um i sihd 6 EROr 51 - .4 :: - y, ®gp®[�1 { pyy �®■tip '}a .::_i'. S _. g Aw. 446 Pr a En dus -_Q1`a & r for M� FAT +fit _a i s box In kse We ve y� I / NCt CWAG 35: ♦YY f R� IVg Umber muw iym r 60dai 401tItfis rMW felm .. :. k Ia •. is triim i ' iii 7'ailt®: u w. Ir I'- f'ff -00161 :16 � g..,, ® A i.® {{g► A m�. ice, tw - I� ...r-•: ,r "'i 1$ - p1 M� )_s:+d1V0 . --f''2 , �s til 5C� tQ aa` �iisil ini ti` rl nod E# i M6. $irl iir TM- CAm Won h8v� n the i 1tia1 z hit. sd dived r ,For .. .. _ h h,:® nfni�g/}y,) ,yµy io[ 1♦;g to i ret .. ,Mon'1:' �' orgy®® ifi V41J ua 4 3 1 R 'u. -..._ ... _ .. ' ;`E!�"F. ..rte.,.- .'�..Lt�. ._..;• -_--. - * y _ � J� "'� 10*11,el It h42 ft OV a� _ _ P&JW ma X10 Gr : ®1 EIt R a 2, i- .. : . d € 1 br 1. q s Y # t Win0 s e S F1�. �i doA tl an �f - :: ..: :. Ra— 46W 12 public, or the any property is use for disciplinary action up to and including discharge. 5. In implementation and enforcing the Policy, the Company may take one or more of the following actions, subject to to law. • Conduct alcohol and other drug screening tests both prior to and during employment; • Inspect the person and property of employees and non-employees doing business with the Company; • Require an employee who receives a drug-related criminal conviction to report the conviction to the Company within 5 days after such conviction; • Take appropriate disciplinary actions, up to and including discharge, against employees convicted of a drug-related offense; • Cooperate with outside law enforcement agencies; and • Take other actions deemed necessary and appropriate by the Company in furtherance of this Policy. 6. Any non-employee who, in the sole opinion of the Company, violates this Policy may be barred from Company Premises. 7. The Company considers drug addiction and alcoholism to be treatable diseases. Accordingly, individuals with substance abuse problems are urged to seek assistance and the Company is committed to providing assistance to the extend possible. This Policy, however, in no way compromises the Company's right to discipline andVor terminate an employee who tests positive for drugs or alcohol. If you have questions about substance abuse assistance, please contact your local human resources representative. 8. Violations of this Policy will be considered to be gross and willful misconduct and will result in disciplinary action, up to and including discharge. 5. POS'nNG REQUIREMENTS This Policy must be posted in a conspicuous place where notices to employees and applicants are generally posted. Page 2 of 3 Page 764 of 1269 .. �,.; - : : . .... ,�.�,.�. ... .:,- _ -,.:, .. ". ,.., ....... , ,.. 5. .-. ...- ......- - ,,,,,,, ,;,,,,,,,;;,,,,,, ....... ., . .. ..,�. ,,. .. A .J I - _ ,-,-,. - -- -. - _ _ _ , , rt _ - . f - - - j. .... .... :.........r e .-. -v - ,., ,. -_ . .. , ...-.... , ' .. " - _ ,- - • • ., . .. ,. a„ .. _ ... . - r_ 6 .. . . - . . .. ,. - .:, _..-. ,.. - e • - _ .. ., s:; ,A.� ,i - :' .. ,.- _ :-:: : ., . ..:.:..-. - 1. :-_.. :E - . .. _.,.:-,.. .. :. - _....r ,,..... ,:- .::... ... ....... :_ :.. ,.. ... - .. ..-.... a..- .. _.o;,- .._. ..... . :. ...., --::,.. . . . I _ ,_. .. - - ,. - ,.- I 4 :a ;w , i OR, C :vJl z „_ ��.." . - . :.;. . - ,:-. ..... .- .. -... , - ..._. .. ;, ;, . <..:f, .:: ,. :. :..', :. - .: ... ., .16 ,- _;-,... , I.. 001i, 5.140F3 j� ;f' t. [� W to d:it E- ;:Nei: - t,f.'-,. S .. .- - ... I .. ...- ... . .,. .I.:'- " , - . .;f _ -.. - -,,`:`.'tit` _- ,, .:. . .� ,..,,.,.. t , - .. =x. .:_ X115. ... - Mft l :: ° ?1 # 2 €i;! . i rp F� _ Ai y� { 1 a: 3 ;, .. gg. ;y _ r 5. r I. `f T , ., .,,R,..,.. ,.fir" .. .::'. .. g',.-e - - - :...... , 48 - : r - :,-.. ;_ W. ": .:::.. . .. :. �;,. - ; _ #i ' - l .. = ;. :.:.: -: - ,..,. = .. .... ,- r .l g .' .. .. ,.'.'. . .9 1. .. - .. i. fleff l . 04R - - -I. ::- •.. _ . ft f � - : . rt ,. , .. ' = , _ . : . ;:. ..: . : W.1 -. . !' , # - :. „-... -.. _.- Aii:.i.- r "` ; ; ._ - _-_ ::.::: ...:^ ":.- .: . . ..4 . . . . -' , • „, . '', , .,. .. <' - - ..... .. .... ... - :... . _...-. ,,. ,,.... .,,s _-- - .:-: :: .:.-. ........ ,._ ,,.. - - -..-. .. -. :-x: -. ... _ - - :;, .:.- -:.-:.:�.. :: , - --!. .. k - l: - :.. j: .... ...... ,.., _ - y -+ g :..: - .. .. -f ...- ' L. :::..': .. - „ -y .r. -� i -s [ - :. -. - i. — .. .:: : .. :' - - r ,,.. , . ;, ,...: -i;c -: - • , „ , , . . .. . P,�ge 765 of 1 269 Wiv 00: A? Alool,ave PAY. =', � l FIR: ..agow"m .:.. ... ......:... [ [ ''While VIM UP i9l : W . _-- - sigma _ PON RIO ..3CI i C. low �l 17777177. :. :.. MMMM 00 A ELMO . ; .... .: ... ..: i `. . ..•':: ::�" X11 _ � .�. �;:.f:: I :.....a . . �':� � - s 1 p gay 009 tooFA ...:.. t11 Jf r1 ... „ P666166 cW1:269 w. WOO Mc thod xnOW OV:' W. te ....... . .. t .. .:..ill' # t = i . •.rip ..__'. "�..,.. � . _ .. . � ' - . 3 .: - ..:. AWOA ai h Wou t f. : .. .:._.:. .....-. _ :i ;C Pbge 767-of-1:269 •� na,� ,4��at�.dg= gs�m ,� a-d'<`d��'��'r""^`i!a .a*1m v3' £ A'a�- - u �� °;,�`-F."�' �`ma'b� .� � �mySF�� S.�n��;,F`°a-r �ara��„�t � °, tg#.w°"y�� ^a`� T`�a. ' � �,°w�C�,g u.� `:� ;,. F,y's°'-'®.,:., .�s✓sa vi-^ ,. •�, -d ®^°�_ r ,�' ^' �"t-•�m(�� 4�'`�'��g' �!�`�-��'�#�E'�'+� gm�.'� '�t"y t�-. '�, j} a...,,r w� 3C;�� '� r� �. "':�,x „- ..-...° '�w�y} p y„•�<'- � s,� - ��"` - s fir" a s� - ,. $aGF: "x. r�rs -.s g" a --a a'sk4's-°sG'am".S d' --,g• ME- 2; �s 'i" g �.i'y", �.�"+�eta, .:,�' �� 4 �>+--�r-•4� '9-" "'r r-'�.�`.,LLti v P '`-d�x ' t - gm `• .g -'i,.q"ggz Yy�$ ,"f l�' 6w a �k,tT{yC''y 'g � rv,.,,y ,a' . itar' ! g r g t €. -: E #r 7F" .. - t�s c" . �.-r➢"t S r�,a `z 'n �l'ya a?_,x dif''.�f a OW I aXRE Sg' V r � ig— " _ •-T�r `� e �$� ,.�as �� : `�.,� s�=.,ra`n`s �� i��dl `e -^r�"" a � t '.".x '� '� [:' [s � s .-a� � -G a �,. y--�,x Pp,'". ".�,y _ - 'S � - R'SE,�`1��`�� -3x �r� ��{��`��-•'¢Yj��'��`j� #- ><'Ek �"R4 �ki� � ° �{ „�`._,�s`#�`�f''.Y C "°-`�� r*��'.. __ - L-:. �-� ,. • ..` a `��3a`'g'a�� "�-,ash.!' a 7� - �s ,r. .�' �r�g�"�"� �"s,a a � ff '�� a uy G - - ,� - �� t?�a��-:a'"�€C r � •-'.�-�3�� moi-� ..i � , V i t • � #. � � �,� �'� �� Epi c r " , e y : P 0 12 ti 4-J , .® C3 •— m aM- u to 5 C (U - 01 0 ° u W CL M M U CL U OL vi 0 c (uC' ,� ~ C 8Cp L- Qf CL CL 0 .10_ Qf 0 {— CL LLJ CL W • t + AUk LJL W N u-. Qi • :+ to 41 41 CL 0 MLU O Q3 _a 'Yeun Us M i!} "V 0 ... p OCL ujE -0 4.4 O .r.. CL — 0 L- Uu ._ O O cr CL O vs LL Ln NbAD 0. W Z E4-0 CE O ra a Oca iO W t„i .a • r °0 im CU !3G Page 769 Of 1269 i H HHHN tn0 W- G te UJL a LULW� vt LU a a m z LU w ce cc W W a LL L uj r be CDC w LW 4 9z LaiLiAr CL a u Z F- at 0 a LLA �- o p u' s o $ul5 n LU z 0 C) C) Ln CA C uJ w a cc Page 770 of 1269 Ul 4 46 z E0 r- m 04-J 0 0 Z3 c .5 to m CL 0 CL cu Ln C 0 0 -0 m E 5 6 -,r,-, E w w - 0 V 0 CL -C 4 ul z m tm zo & r-L LCI: t: w 4-0 > r- 0 = 0 C A 0 0 CL -0 0 U, CL 4- Z QJ 4-J ccs 0 0 w LU U, 10 45 0 — W 4A C CL -Z3 E c 'a 44 .— -C L9 0 E 2 E in 2 e > r wl - 3: 3 4- . he m CL 64w WU 0 cu CL CL U w cu Z, C w 0 S a E v 4G,� m E u v; ba 4.4 w 28 "E w r uj m _ = EL tv 0 15 0 CL .2 0 M. X E 0 rr CL 0 E 0 v 8 4- LU U L CL LL 0 "mom c LU fi- CL M 13 O a tA a E S IQ C -E E w E E = 0 0. c Ln a w EL Ox 9CAI >- 0 p 2 c 0 - a C �JJ V r CL c-0 Lu E 0 0 Lu 0 E w E CL U 0 , .0 0 0 > of cu 'E .2 an an W C u > OL E 0 -6 A Lu Ar TA m W 0 CL e E U �w,Uw = E 0 c0 uj 2 0 0 0 V) -0 t; ca d. CL a 4� V V) C3 CD VA U4 tz r5. .J v 4-1 Qu 0 >1 4-A 0 0 4- 0 M UA L U vi Ln '0 0 t tQ CL -*Ca 2 0 LLJ 18 g a ' CO 4 Page 771 of 1269 c v 0 m CU U o U CD CL � W 0 O O76 C py O �L 4-0 s C Gni IIi CC amino ho 0 U, p qr O Q1 ' ® O 41 0 ® C C v� LDLLJW , LU _ a `� .� t!cD .Y CL E M O Q t10 OL E (D 01R3 O v9 cr N Q] L4, cc a L CU N •5 dJ ` N - .V C- U O .c G t� F� O E a-J 0) 3 M M M d E H giLU 4 E 0 w W4- fLY -O ® .V Vl ® a) 6 ri Ll fll L- Uu a ql a= '© O GU �s Page 772 of269 a u E a o a a c u E a CL a `� a L a :n u ` CL ® a a cu c ° + _0 }' u o wCL ' rA E CL CL uw ,„ FA CL 4Ay m C LnLn c -a CL a, v N d L M G c tp 4u u, IA IA a o 4- n, w ° CL ® w a a ° > a a o CL m ;� CL CL M W CLL a � too E w 0 40 M 7 m c 3 0 ® c w c c L c ro tsh +1 �OL C ® o a E a ° a o u o o a m + a` a °% CL E to c � ULI E ® 4 L6 m v w c zCL 41 ® a v c I gill A7 0 v p a E8 -6c 0 c a o �. a tC o ay o Q ,CD;Ei 41 � Q u u 0 u ra '' 6 '� a, o CXw .M 0 cn o CU Lu +• O c v ® c �+°— ® O �+ 4. o 4� a 0H .� w vs ® E o c c E . E a u CL p c M 7 �+ Ln m a ' d ? i FA ^00 in A tw C v' m c C O .A w as a o H a a 0 Lncr ++ as LLM � a ro x � x rnU CL CL m nn aQ =3c w m w M 5 M m CL to w W M u � U a a ,jj 4� a m m o §E U. Q c c C m ` 0 c tf3 12 E a n d u a a it c Q f6 W �+ a m Q to 46 0 2! u° a w I L9 CM I v n ® ❑° d to u . . . . . . . . . . . . . M Page 773 of 1269 f Irn L ru EL + bA E ' Ln M to E c c C mc c `� � cE L.j $ a. a 0 ^00L `*- � ® M L o v r�. c ro bD ® m o ® 4as aLA Q 1 n� L E a -a u t a s to as s c m c o y® L w sn c a' u c p o o, CL 1p ® ry y-, E ro v rU M � c 4-1 .°m c .® no ra a °1 c a, E ro as Gi e E v c W �^ a .� as ° `° ® L o v EL aJ L au � as Cr L ao CL N a3 ra 0 a w E Lw- S M 0 0 ° .cL — L +J m �, c o ur ± to � u u c M L ® c w o rw CL a L 3 c E A2 + -0 ® c, t � E � m �` fa c � a , a a u m c m 'ro a }' 3 c. as w s N c leLFL _ a a a Li m +n c = Q •a a a u CL ° E .0 as ° m ° a Mc a. A to C c CL E +� u c ar E E c r E E ::3 C UJ W .r Ln a s 5 Q :3u i as M m H c v 5 ra 2 vs in d OL u CL CL E CL W LOm o as -� rn cu ti S 0 as Page 774 of 1269 v w Lim t Ln M c a +' sr m x a m z w E 41 CL a w a c9 ro 41 +� na is 'ra a w v -a o a m o n as m c 0 c o o o a •�' ro c .c o °Ln t L L om Cro �, a c ® CL c M '^ mZ� C u a s ro d! O L U v S = L m n a Y O ++ D Ep p "t Nal ®► C C� T eh r C }. ro A a 41 us Em- CL ro O tv 7 ° C w I E CL >p E Ex0+ i7 4- U d C O ® O a L @ a Gf T3 C a m U L4 Mus U N C A .0 4- °0 m ,° ® a E ms+ c o u° a. N d ro g®� � :3 ba N d O 4 9CL ru +9 LJ U U .-nsr 5 O O m t! C d C � VS CL C 07 O +�®. S Jas ® C R Lm a > a} �^ °� ` u Q O p s, T ` .F c r L m >- i a+�� n oN uap EVi CL u ry ® 3 dC U MmO CLa QJ "q Tis m C a M W ® m e., u0 CL Ccc ut va m S oe� C ra 0) C V LOAM R ." ® O u �ro W C C u C tA QO 4- pp Dl 4i U 5 O eas }. ' G-E 41 CL O V U O v y e� m d E s= t6 m a G y` 0 6s twC id ba to c mGi ai E v E o E w LA L& 12 n L42 s _°y. a a L ° Y aai S o ni c � y a H m o a ro E t o E a'A LO c` a c u d o o a o o CL a�a c/4i v o ° °y- a ro co di m u w c c °r L9 wCL e v ca n a j y v y ; EU a o a a a q r °� o r- o wm ° o O n d 0 c� ¢ U ❑ m C7 C� U cn GC Page 775 of 1269 i VA °L E V Q QjCL m Ln O r _ LU m m Ln u '}� m CL Q E CE 0O M Op •w 03 O QJ 4-+ CL U 3 m Em I- V O Q as y +• bo ba E °C V, vn o 41 d m - _ 2 N 0 °W -� w ui m m CL o a 9 w o, u uj m :EmCO ~a) ajn z LU 49o U � . m o v E E w 4-- EE• x c ° w - W M 2 a c vcu N 0 c 2 y ra Ln — a� °E w r E L L c c ® o O as L - 3 4� m a� w a fl E Fu 1D E c 3 LU 0Ln v ±+bo °ra a a, cE c ® c v m o > u c o u° �° ns M Page 776 of 1269 r—I c 0 Cft c CL a o u LAa tw M ° u am �- m o 0 4° C a► M c +` `0 ® ° 0. u � as c v oM 10 T ai o Aomftk CL a u u° a Qf ai E wD co � °3 u ai o E ' I o Q ° a u v CL 0 - M c < 0 m E CLV1 cu CL M �; TO Ln m p p CLLAW& u .L CL CU (A a Ln l � L- -0 r ® ca u ra -0 v >1 cz �► as �., ro coE +r � it m C. D tA ro a O ISA ; m 'O u r Ul (n aJ CLwCN i� p +' vp EJ G! 0 CL QL tU0 r II 4-JC C r N ca a] an O 46 O ra P In (u D E ai ® U "ra (A — o `sa V) CL E - �. tw °vi c ® 'R J O ® O a vy us 9 i]. a p : '� LA ami v as 0 u v to L CL M as L) a .mow cn a ? a O c `� *� a o O t' . s O , vs Page 777 of 1269 PURCHASE ORDER BEACH,CITY OF BOYNTON FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. #: 201470 P.O. BOX 310 DATE: 09/03/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 lie REQUISITION NO. 77033 ORDERING DEPARTMENT: ENGINERING/CF/PAP DATE NEEDED: OOQ251 C . 18N0 COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 24 . 00 DL MOT - TASK 070-ASPS-083120 1 . 0000 24 . 00 Item 7-type II barricades 30 @ $ .40 each / $24 . 00 2 11890 . 00 DL CONSRETE APRON 1 . 0000 11890 . 00 Item 98-concrete slab removal 820 SF @ $2 . 00 per SF / 1, 640 . 0.0 Item 92-619 concrete 820 SF @ $12 . 50 per SF $10,.250 .00 3 11370 . 00 DL CONCRETE RAMPS 1: .0000 11370 . 00 Item 85-ADA Ramps with DWS 2 @ $3 , 000 . 00 each / $6, 000 . 00 Item 86-D curb 80LF @ $39 . 00 per LF / $3 , 120 . 00 Item 99- Install paver bricks 450 SF @ $5 . 00 per SF / $2 ,250 . 00 4 682 . 00 DL ASPHALT REPAIR 1 . 0000 682 . 00 Item 53-asphalt removal 14 . 7.SY G $.20 . 0.0 per. SY $294 . 00 Item 38-1P asphalt . 8 tons @ $390 . 00 per ton / $312 . 00 Item 39 1/219 asphalt 4 tons @ $95. 00 per ton / $38 . 00 Item 39 1/219 asphalt .4 tons @ $95 . 00 per ton / $38 . 00 5 1100 . 00 DL STRIPING 1. 0000 1100 . 00 ITEM 57-611 YELLOW 40 if @ $ .75 per LF / $30 . 00 Item 66--2411 white lines 24 LF @ $5 . 00 per LF / $120 . 00 PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT 303-4103-5B0.63-15 GG1801 PURCHASING Page 778 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. #: 201470 P.O. E3 DATE: 09/03/20 B®YNTON BEACH, FLORIDA 33425-0310 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 77033 ORDERING DEPARTMENT: ENGINERING/CF/PAP ® • r a �• � •Ili DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: � I 010251218 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST Item 82-romove and reinstall sign 1 @ $125 . 00 each / $125 . 00. . Item 63- 12" white lines 300 LF $2 . 75 per LF $825 . 4.0 REMARKS : CASA COSTA CONCRETE MODIFICATIONS TASK 070-ASPS-083120 CONTRACT 10251218 ,., PROCUREMENT SERVICES: — �� I, P.O. TOTAL: 25066 s 00 k..-0 ACCOUNT NO. PROJECT 303-4103-580.63-15 GG1801 r PURCHASING Page 779 of 1269 PmCnAS&REQUISITION ASR: 0000077033 CONTRACT NO.i 010251218 STATM ®RPT APPROVAL MU-TaPPION BY! ENGINEPING/CF/PAP REASON: CASA COSTA CONCRETE MODIFICATIONS DATE: 0/31120 SHIP TO LOCATION: PUBLIC WORKS SUGGESTED VENDOR: 17284 ATLANTIC SOUTHERN PAVING (. 92A DELIVER BY DATE= 9/01120 LINE UNIT EXTEND NRR. DESCRIPTION QUANTITY UOM MST COST VENDOR PART NU?U= -------------------------------------------- --------------------------------------------------------------------------------------- I MOT - TASK 070-ASPS-OB312D 24.00 DL 1.0000 24-00 Item 7-type xi harricades 30 0$ .40 each 1 $24,00 COMODITY: MERRING SERVICES SUBCOPMDi CONCRETE 2 COMBRETE APRON 11890.00 M 1.0000 11090-co item 98-concretd aLab removal 820 BY 0 $2.00 per EF I 1,640.D0 iteal 92-6- concrete 820 BY 0 $22.50 per SP e;10,250.0 0 COMMODITY1 EnGiNGRERING SERVICES 908 D: CONCRETE 3 CONCRETE RAMPS 113713.00 DL, &.0000 I1370.00 rt.m 55-ADA RcunpD With DWS 2 0$3.000.00 each "'000.00 Item 06-D Curb GCLF & $39.00 per IF / $3.120-00 item 99- Install peer brlek. 450 BY a $S.00 per sF / $2,250,00 COMMODITY: RM31NMERING SERVICES SURCOMMOD: CONCRETE 4 ASPHALT REPATg 682.00 DL 1.0000 682.00 Item E3-asphalt removal 14.78Y A $20.00 per SY $2904.410 Item 38-1- asphalt .8 tons a$390.00 per too $312,00 item 39- 1/2- asphalt .1 tori 0 $95-00 Per ton $38.00 Item 39 1/2' MPbalt .4 tons 0 $95.00 per ton $38.00 COMMODITY- PW CONSTRUCTION&RELATED SURCOMNOD. S=irr RECONSTRUCTION 3 STRIDING 110D.0a Di. 1.0005 1100.00 ITEM 57-6- YELLOW 40 If 0$-75 per LF / $30-00 Item 66-24' White lines 24 LF 0 $5.Q0 per Lr $12G.DO Item 82-MMOve and reinstall sign 1 0$125.00 each 1 0125.00 Item 63- 12- White lines 300 LF $2.15 per LF $825.00 CI)MODITyl PH CONSTRUCTION& RELATED SUPcommOn: STREET RECOMSTRUCTZON REQUISITION TOTAL: 25066,00 -------------------------------------------------------------------------------- --------------------------------------------------- A C C 0 U N T x N F 0 R.H A T 1 0 N LINE 9 AMOUNT PROJECT ANOUNT �(ALS CO Manager -Date De L Apance NP, 1Nsk wt�Manager .......... Date Page 780 of 1269 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1%000 Date: 9/1/2020 Requesting Department: Engineering Contact Person: .Gary Dunrnyer Explanation for Purchase: Casa Costa Concrete Modifications, concrete apron, concrete ramps, asphalt repair, striping Recommended Vendor Atlantic Southern Dollar Amount of Purchase $25,066.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy-Back Sole Source Emergency Purchase Other Contract Number: 10251218 NOTE: Pricing proposal for purchase must be presented in the same detail contained Wthin the contract. Fund Source for Purchase: 303-4103-580-63-15 / GG1801 Approvals: Department Head Date 09/01/2020 8:28:59 AM Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02101102 Page 781 of 1269 Concrete Modifications Proposal ........... City Of Boynton Beach Public Works Carl i Project: Casa Costa 350 N. Federal Hwy Boynton Beach, FL 33435 ATILANTICSOUTHERN PAVING Rich Atzert Account Manager Page 782 of 1269 00THER Proposa ■ Casa Costa PAVING AND SEALCOATING MOT 1. Item 7-Type II barricades. 60 @$.40 each. Total Price: $24.00 Concrete Apron 1. Item 98-concrete slab removal. 820 SF @$2.00 per SF $1,640.00 2. Item 92-6°concrete. 820 SF @$12.50 per SF, $10,250.00 Total Price: $11,890.00 Concrete Ramps 1. Item 85-ADA Ramps with DWS. 2 @$3,000.00 each. $6,000.00 2. Item 86-D Curb. 80LF @$39.00 per LF. $3,120.00 3. Item 99-Install haver bricks. 450 SF @$5.00 per SF. $2,250.00 Total Price: $11,370.00 Page 3 Page 783 of 1269 Casa CostaOUTHERN Breakdown:Price PAVING AND SEAEtOATMG Please find the following breakdown of all services we have provided in this proposal. This proposal originated on August 24, 2020. Item Description Cost 1 MOT $24.00 2 Concrete Apron $11,890.00 3 Concrete Ramps $11,370.00 4 Asphalt Repair $682.00 5 Striping $1,100.00 3030-4103-580M-15 GG1801 Total: $25,066.00 Authorization to Proceed & Contract The above prices,specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed,this document becomes a contract. We understand that if any additional work is required different than what is stated in this proposallcontract, it must be in a new contract or added to this contract. Please see all attachments for special conditions that may pertain to aspects of this project. This proposal is good for a period of up to 90 days from the date of the proposal. Page 5 Page 784 of 1269 Moronev, Susan From: Frumenti, Carl Sent: Monday, August 31, 2020 2:15 PIVI To: Pimienta, Pablo Cc: Dunmyer, Gary; Greco-Arencibia,Adrianna Subject: re: Purchase Order Request- Task-70-ASPS 070-083120 Casa Costa -'Driveway&ADA Moficiations Attachments: Casa Costa Site Map -ADA Pedestrian Crossing at Parking Garage.pdf, Proposal-Casa Costa-ASPS 8.24.20.pdf Good afternoon Pablo, please initiate purchase order request for$25,066.00 for Atlantic Paving&Sealcoating Task 070-ASPS083120/Casa Costa. Please utilize funding from 3030-4103-580.63-15 GG1801. Please find attached quote and exhibit for your reference.The scope of work is for the parking garage driveway, sidewalk and ADA modifications. Thanks for your help concerning. Let's get this one going it will be funded from: 3030--4103-580.63-15 (GG1801) Gary Dunmyer, MBA, P.E. G.C. City Engineer Public Works, Engineering --------- Mailing Address. P.C. Box 310 Boynton Beach, Florida 33425 Physical Address: 100 E Ocean Ave I Boynton Beach, Florida 33435 561-742-6231 DunmyerG@bbfl.us boynton-beach.org/ C1 L9. .......9' Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure,Under Florida records law, email addresses are public records.Therefore,your e-mail comrnunication, and your e-mail address may be subject to public disclosure. El Carl Frurnenti Project Manager Page 785 of 1269 0 816/2020 Google Maps PARKINGMSA COSTA- PEDESTRIAN CROSSING AT Remove&Replace Existing Driveway :am � with r. ntrnUILJOS slope to , edge of nutter rtibfl - "Th-3000 FiberReinf" � � � °�� r� curb line on a :i tira rtr r t ra rr Con cr tr r�r�irr�fir raA Compliant rr; t�4z r t r verb lira s fal rtI4� Apron to conform to Detail � # m S t �f�ble l' rning Mat 0W psi fiber I ir�f r concrete fi s be Dbl 4"Yellow 0' � emove'lRe i ce existing pavers t flush with existing paver,backs& light accornadate required on r t broom finish — V formwork for ramp construction ry YP-lo th sides f r in garage �t�� 0 tali fiber reinfd concrete light entrancelexit ;,, ,i'f� broom finish liboth side of parking garage Remove existing Curb line ratrarar. € it construct new curb Type for,driveway racurb islands dlcrtt to new ADA Ramp locations_T` P berth sides- Replace Paver Soldier course to provide clean unif rryr transition rvide Pavement to curbed and romped locations f rkings for new 1 e tri rt Crosswalk Relocate STOP Sign to Swath side of new curb ilrlri , as per CBB Std detail6-ii, .: .. provide 'rnt marking ,r , 34 0.A �$�'�+'�'y$� . - ne S"w 5 8„u.r 5""' bar 1 - } orls%r!.tGa ADA Ramps in Accordance with E` lT STID ,1' t�, n, t r,1 #t r �ttik emove pavers as Correct t�trr Urb 8""zrrrD ..A6$. 711 \ttlope t tQ~e t'��r 'r� f g l 1� f ��1 � fraa iris locations a, . .:. htt s;/tWWW. o❑ le.00m/ma s! 6.5290629,-80.0574877,65m/data=!3ml!163�n � P 9 9 p � - hl=en replace paves"Flat" 111 /No slope Page 786 of 1269 tl DATE(MWDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 07/28/2020 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. < IM TAAAT-If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS 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 andorsement(s). PRODUCER CONTACT NAME: 6) 293-7122 'TAY-- ---- I -Nm *C.NMI: Aon Risk Services, Inc of Florida (86 (800) 363-0105 1001 Brickell Bay Drive suite 1100 E-M4,1L Ni ami FL 33131 USA DRESS: INSURER(S)AFFORDING COVERAGE NAIC INSURED INSURER A: Bridgefield Employers insurance company 10701 Atlantic southern Paving & INSURER 8: The Travelers indemnifty —Co—of America 25666 Sealcoatin LLC P.O. Box 19591 INsuRERc Travelers Property Cas Co of America 25674 .......... Fort Lauderdale FL 33318-5519 USA INSURER D: INSURER E: INSURER F; COVERAGES CERTIFICATE NUMBER:570083327941 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. Limits shown are as requested Doll I I I "IL EU04q JAIT -POLYCIF ENP I TYPE OF INSURANCE WVID POLICY NUMBER Man pftgg- LIMITS X COMMERCIAL GENERAL LIABILITY 2 W, I EACH OCCURRENCE P,VA9 1 M.r I�_J` $300,0061 CLAlMS-MADE IFX11OCCUR iREMISES MED EXP(Any one person) $5,000 7_PERSONAL&ADV INJURY $1,000,000 —-----------....... GENIAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000 000 ti POLICY PRO- CM LJJETFILOC PRODUCTS-COMPIOPAGG $2,000 66 P OTHER: C AUTOMOBILE LIABILITY Y Y 810-811537286-20 07/28/2020 07/28/2021,COMBINED SINGLE LIMIT $1,000,000 1 j"AJ4 LFII BODILY INJURY(Per person) 0 X ANYAU70 .............—-------- z OWNED SCHEDULED `BODILY INJURY(Per acciden* AUTOS ONLY AUTOS NON-OWNED PROPERTY DAMAGE HIREDAUTOS veraocldmti ONLY AUTOS ONLY iE J UMBRELLA LLAB X JOCCUR Y Y CUPIR35011920 M 07L�281,202W07,77 ,20 V,;ZC_M ,,rN . ruRCE $5,000,000 EXCESS LIAB CLAIMS-MADE �,AGGREGATE $5,000,000 DEBI X'RETENTICNSIO,OCO I A EMPLOYERS'LIAiBILITYPAX I I WORKERS COMPENSATION AND Y 3656802 67197202U707 8 202 OTH- PER STATUTE YINI ANY FROPRILlon RTNER I EXECUTIVE S.L.EACH ACCIDENT 11,000,000; OFF,CENMEMRFR EXCLUDED? [—N]l N I A 11 1 1 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000, It yes, __Y LIM_r'T'_'_ $1,000,000,== WAseldbeundor OLIC DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 1DI,AddIllonal Remarks Schodate,maybe attached It more spare Is required) certificate Holder and parties listed are included as Additional Insured in accordance with the policy provisions of the General Liability, Umbrella Liability, and Automobile Liability policies. A waiver of subrogation is granted in favor of certificate Holder in accordance with the I' previsions ns of the General Liability, Automobile Liability, umbrella Liability, and Workers' compensation policies. General Liability, Liability, and Automobile Liability evidenced herein is Primary and Non-contributory to other insurance available to an Additional insured, but only in accordance with the policy's provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach AUTHORED REPRESENTATIVE PO Box 310 Boynton Reach FL 33425 USA (M988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 787 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. # : 201467 P.O. SOX 3107 DATE: 09/01/20 ROYNTON BEACH, FLORIDA 33425-0310 VENDOR 17766 SHIP TO: TO: CORAL SPRINGS REGIONAL INSTITU City of Boynton Beach PUBLIC SAFE'T'Y CITY OF CORAL SPRINGS ********************** 4180 NW 120 AVE CORAL SPRINGS, FL 33065 REQUISITION NO. ORDERING DEPARTMENT: FIRE/HR ® o _AC ® t DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: ° EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST LIEUTENANT PROMOTIONAL EXAMS EFFECTIVE DATE: 09/01/20 EXPIRATION DATE: 09/30/20 NOT TO EXCEED: .. 11512 . 00 REMARKS : BLANKET PURCHASE ORDER PROMOTIONAL LIEUTENANT' S EXAMS OUTLINED IN THE LET'T`ER OF UNDERSTANDING DATED 8/5/20 �m PROCUREMENT SERVICES: P.O. TOTAL, i ACCOUNT NO. PROJECT o �_ PURCHASING Page 788 of 1269 . y tsl �TN Date: 21-Au -20 Requesting Department: Human Resources & Ri Contact Person: Danielle Goodrich Explanation for Purchase: Budgeted promotional vacancies for the Fire Lieutenant's written and practical exams will be conducted in September 2020 pursuant to the IAFF Collective Bargaining Agreement, Article 29. lRecommended Vendor Coral Springs Regional Institute of Public Safety Dollar Amount of Purchase ,cO Source for Purchase (check and attachc rials): Three Written Quotations X GSA I State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item ` Emergency Purchase Other Contract Number: k. NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund SourceforPurchase: Fire Other Contractural Services - 001-2210-522 Department Head ,, w��' � _ Date Purchasing Agent Date _4 _ Asst City Manager Date City Manager Date Form Revised 07/01/02 Page 789 of 1269 -n aC d j m Asaen o Q 4' w N C .. ni Z s Ac R Qt (D -+r � � N q O -4 �ig � E ca [ C7 co w CA CD ID CL I o l i I � � I � I I I 2 N hS 0 ca Ii cp �y 1 O •�' V CL OLqk,Um ua Cil N ( h „ ?t 0 ON [71 �. Ln C !p i _LJ f y i Sfl � W ' G O � ga 0 0 0 0 0 0 00 0 0 CD � a Page 790 of 1269 4180 NW 120TH AVE. CORAL SPRINGS, Aria 1 ,41 FLORIDA 33465 ,t 9 54.3 46.17 74 CSRIPS@ooralsprings.org CORAL SPRINGS P.[GiONAL INS rI`CuLLrt OF PUBLIC SAF-",'Y August 5, 2020 Ray Carter, Fire Chief Boynton Beach Fire Rescue 2080 High Ridge Rd. I Boynton Beach, Florida 33426 Re: Lieutenant Promotional Exam Chief Carter, This Letter of understanding is intended to summarize the agreement between the City of Coral Springs (hereinafter"Springs') dba the Coral Springs Regional Institute of Public Safety (hereinafter"CSRIPS") and Boynton Beach Fire Rescue (hereinafter"Boynton") As a testing center we facilitate promotional testing in a series of steps that are crucial to a successful process for the agency and the candidate. Initial seting, A meeting with CSRIPS promotional lead instructor and Boynton shall be scheduled to determine the outline, parameters and overall objectives for the test. The lead proctor will draft his proposal of concept and testing based on the information from the meeting. He will maintain constant communication with the representative designated by Boynton throughout the testing process. Candidate Orientation - Declined, Written Testin CSRIPS agrees to develop, validate and administer a written assessment that encompasses the resources noted below; 1. 2015-2019 Boynton Beach Fire Rescue S®Gs (10 questions) 2. 2019 SAP&Ps Boynton Beach Fire Rescue (10 questions) 3. 2019 Boynton Beach Fire Rescue EMS Protocols (17 questions) 4, 2017 Boynton Beach Fire Rescue Rules and Regs. (3 questions) 5. 2019 IAFF Local 1891 CBA 10/01/19-09/30/2022 (15 questions) 6. 2017 PBC IMS (10 questions) Resource List: 1. Strategic &Tactical Considerations on the Fireground (4th Ed.) by James P.Smith (20 questions) 2. Fire Officer(Principles and Practice) Enhanced 3rd_Ed. By Michael J.Ward (25 questions) To Educate... To Facilitate... To Motivate._. " rtc prepare r€,r students to proudly Iy rti° f11 cc r ;r:rlurlity�Zr0 con irlttOUSlyr up`?calci oUr COE "Commi MEnt to ExCEIIEnCE®' A. Page 791 of 1269 4180 NW 120TH AVE. CORAL SPRINGS, FLORIDA 33065 41 954.346.1774 CSRIPS@coraisprings.org CORASPMNGS REGIONAL INS11TUTC OF PUBLIC SAFG.TY Per Article 29 of the CBA the total number of questions will equal one hundred ten (110) however, the extra ten (10) questions will be predetermined as alternates and utilized in scoring only if a primary question is removed. The assessment will be made up of multiple-choice questions. A copy of the exam will be emailed for review 30 days prior to the testing date and the final copy 10 days prior sighting references,pages and correct answers. Boynton Will provide CSRIPS with all reference materials, books,cd's and documents required to develop the written test.The written will be held in Boynton,the location must provide adequate space based on COVID guidelines &Wi-Fii access as the test will be given electronically using our web-based platform. The test will take place on a date,time and agreed upon by both agencies. Written RMIJ The review for the written is immediately after the candidate(s) completes the test. Each candidate will receive a challenge form prior to the test and may use that to note any concerns they may have.Additionally, they can flag a question in the system.The questions noted on the challenge form will be the only questions reviewed.The challenge must have validity behind it such as conflicting SDP's, not liking the question is not a challenge. Practical Testin The two (2) components of the practical test will be agreed upon CSRIPS and Boynton consisting of: 1. Live Action Fireground Tactical Scenario 2. Presentation Based on the components listed and the number of potential candidates,a minimum of two (2) days of testing will be required with a maximum of three (3) for the assessment.The dates of are to be determined and agreed upon by both agencies. All candidates will be scheduled in coordination with Boynton.The rank of the evaluators shall be a minimum of Lieutenant. Environment/Weather Del qys or.Cancelations CSRIPS will take all measures possible to ensure the sterility of the testing site. However,we cannot control all elements. Candidates will be advised thoroughly on what area pertains to their assessment via the proctor. Due to the practical portion of the assessment being held outdoors it is possible to experience delays. CSRIPS will delay for a maximum time of two (2) hours,if unable to resume the determination will be made by both agencies on the appropriate action. Boynton will be responsible for any additional costs in rescheduling or anything over a ten (10) hour workday per instructor, per hour at the rate of$52.00. Aid als Process Boynton Fire Rescue,the Town of Boynton and Union will be responsible to facilitate any,and all appeals of the candidates. Grading Final grades are based on the predetermined weight of each assessment and will be sent to Human Resources representative Danielle Goodrich for review and posting. Written:35% Practical: 65% (Scenario—35%, Presentation'7*30) To Educate... To Facilitate. To Motivate... and prepare our students tO Pr0Udty serve the cornmunily and conIUMOLISly uphold our COE 0 "CommitmEnt to ExcEllEnCE" Page 792 of 1269 4180 NW 120TH AVE. CORAL SPRINGS, FLORIDA 33065 954.346,1 774 4 CSRIPS@coraisprings.org CORAL SPRINGS RCGR)NAL INS1,1TUTC OF PUBLIC 5AFCTY if Administration for a maximum of 13 Candidates,:$11,512.00 This cost is based on all 13 candidates attempting and participating in every aspect outlined in this agreement,price will decrease based on total number of candidates and hours required to facilitate the assessment. All waiver and release forms will be provided to each participant that must be signed by each participant. Springs has the right to disallow any participant to operate during the training if they choose not to sign prior to the start of the promotional process. CS RIPS and Boynton agree and represent they are qualified self-insurers in the State of Florida,and as such,meet all requirements pursuant to the statutes in the State of Florida. Nothing contained herein is intended nor shall be construed to waive Coral Springs or Boynton's rights and immunities under the common law or Section 768.28,Florida Statutes,as amended from time to time. The provisions of this paragraph shall survive the execution,delivery and performance of this Letter of Understanding. Concurrence with this Letter of Understanding will he indicated byyoursWnature below. We will coordinate with Boynton on any final details for the scenario. Please then return one signed copy to my attention atyour very earliest convenience. For City of Boynton: I agree with the contents of the Letter of Understanding of,as outlined above. Ray Carter, Fire Chief Date Boynton Fire Rescue Robert McGilloway,Division Chief Date Coral Springs Fire Department Coral Springs Regional Institute of Public Safety To Educate... To Facilitate... To Motivate... and prepare our tudent- s to proudly serve the, GOMmunily asci cortiouously uphoid ovr COE, s "Commit Ent to EXCEIIEnCE Page 793 of 1269 -'STS` Fire Service Testing Company, Inc. 20 Aug 2020 Hello Ms. Goodrich, Thank you for reaching out to us for your upcoming Fire Lieutenant test. Here are the pertinent details: Written Assuming 13 Candidates, 100-question test (standard,but mo ble),with us grading (free, 48-hr turnaround),the cost would be $1,185 plus shipping, total of$1,245. Having us proctor adds $650 per day,plus travel,lodging,and rental car. So the first proctoring day is $2,215, and each subsequent day (not needed in this case)would be$825. Note that if we proctor it,the shipping fee goes away;our proctor will simply bring it with. On the Practical test side,we have 3 options,each called an Assessment Center. These are appropriate,and in fact superlative, for the mid officer ranks, from Lieutenant to Battalion Chief. Ideal for this rank. We send 3 skilled, experienced Examiners to your site and run the Candidates through typically 3 Exercises,including a Tactical Scenario,which tests their actual command of a realistic,rank-- appropriate, evolving fire scene,a Role Play,which puts the new management Candidate in front of an employee problem such as insubordination,theft, sexual harassment, etc.,and other Exercises_ We would consult with you and the fire chief or whomever you designate,to pick the exact three Exercises and scenario most suitable for your particular jurisdiction—waterfront or not,airport or not, etc. The full Assessment Center is suspended for now due to Covid,but would normally be $17,290 for the first day,and$12,250 for each subsequent day. 13 Candidates would require 2 days. The second option, also currently suspended due to Covid,is the Assessment Center Lite,which involves us sending one Chief Examiner,and you providing the other two. We meet with,train,and then utilize the two you provide. This still uses all our materials,professionally developed,validated, consensus-scored on templates, etc. This service costs less: $12,430 first day,and$9,050 each subsequent day. 1312 Apollo Beach Blvd., Ste. B,Apollo Beach,FL 33572 RA'A_R1 fa*r enm Page 794 of 1269 FSFire Service Testing T Company, . The third option,which IS available,is Assessment Center Zoom. In this case,we conduct it all via video conference, and it is otherwise like the Full Assessment Center in all aspects. Three of our professional Examiners are utilized. This has proven to be remarkably effective,with no loss of validity or scoring fidelity. The cost of that is: $9,700 the first day and$8,700 each subsequent day. These 13 Candidates would require two days. Please call(863-815-8287) or email{ )with any questions or discussion,or to arrange this testing. You can ask for me,Henry Morse,though anyone who picks up could also help you. Your inquiry and quote are now mounted system-wide. We do this every day,nationwide,and you can be assured that with one phone call this can be off your desk and that you will be well satisfied with the outcome. Best regards, Henry Morse President 1312 Apollo Beach Blvd.,Ste. B,Apollo Beach, FL 33572 R(,3-R1 S-R797m� Page 795 of 1269 I Goodrich, Danielle From: Steve Armbrust <steve@fpsi.com> Sent: Thursday,August 06, 2020 11:16 AM To: Goodrich, Danielle Subject: RE:Steve @ Fire& Police Selection, Inc = promotional testing Attachments: 2020 FIRE Promotional Assessment Sample.pdf, 2020 Client SAMPLE Critical Incident Human Relations-Critical Incidents Module--with confidential.pdf Danielle, First of all here is a sample of our 3 company officer level assessments so you can see what they are like, what they measure, and scoring forms. The flat fee of$750 per assessment will cover any amount of candidates. We also have another very creative company officer level product I think you should see. I contemplated sending it yesterday. We developed scenario based situational judgment passages with multiple choice answers and this test content can be added to your written test. Please also see our Critical Incident/Human Relations sample. A module of 25 scenados/50 questions would cost you $500 to add to a written test. I know we have a lot of options which can be confusing but I hope it interests you enough you will want to talk. I will leave that up to you as you asked for no phone calls so contact me if you want me to clarify anything. Sincerely, Steve Armbrust salles cons�ritan�t .-'-e& �o ce Se ec', or c. 193 � e,e Ra;:-eRd. Ste.270. �o so-n.CA 95630 916.294,42412x116 916.294.4-340) 'Publicsafery 7-i-,.stit)gcjndVaIA;drtionE-xperts" From:Goodrich, Danielle<Goodrich D@bbfl.us> Sent:Thursday,August 6, 2020 6:30 AM To:Steve Armbrust<steve@fpsi.com> Subject:RE:Steve @ Fire&Police Selection, Inc= promotional testing Thank you, Steve! 1 just have one question: For the Promotional Assessment pricing, specifically the Role Play Exercise and the Fire Scene Scenario Exercise, does$750 each rnean$750 per candidate? I'm trying to calculate how much this would cost for our 13 candidates testing. Thank you Page 796 of 1269 #100YearsintheMeking From:Steve Armbrust<steve@fpsi.com> Sent:Wednesday,August 05,2020 5:55 PM To: Goodrich, Danielle<Goodrich D@ bbfI.us> Subject:Steve @ Fire&Police Selection, Inc= promotional testing Hi Ms. Goodrich, Thank you for your inquiry and this attachment covers pricing and a healthy list of reference books we already have test questions written from. Please let me know how I can help and when you call we are based in the Sacramento area so anytime after 11:00 EST, Sincerely, Steve Armbrust PubLf Sri]vv a eld voirhonol bog 2 Page 797 of 1269 t�i ih srr �i FV9 Fire r tr — _t to Buddin, ire Promotional otic est Custom Test Fee$1500 1)Our test bank of items(we pick or you pick); Step One 90-120 days prior tat min}choose 2)Publications FPSI can write items at addt'l cost; or sources from step 1-3 or a combination. 3)Department SOPS FPSI can write items at addt'l cost. Step Two Decide on Item Writing Item writing fee is$40 each (price2CCitem subject to increase). Step=Three Determine Who Scores FPSI Scores for$50.00 and$1.00 per candidate. If you score,NO CHARGE. Summarize the Cost • Customization fee $1500; Lease fee$750 (Please he mindful that our custom Pests a Item writing(if any) $40 each (price subject to increase) Step Four wIttem wrrtrn require a � a Item appeal(if any)$35 each. ` , �� prior t0 test CIQte,J a Test booklets are$15 each;shipping;scoring if applicable Promotional Test Module ADD our F1i,'Human Relations-Critical Incidents items into your custom test for an extra 500. Future Change test up to 50% (21 test � 900 custom fee,$40 each item written if applicable. Be-testing administration ONL 90-120 day notice still applies. IFSTA F ire Related hSo re .Le-�sLom our Test Batik IFSTA Sources ISN Edition Item Count �_ .. .............._ m, y _. J IFSTA—'A" erial 595 Aaratus Driverl � erator 97808793932"d Ed. 50 . 5 IFSTA Aircraft Rescue and Fire Fihtin 9780879393236 5`"Ed. i 25 IFSTA Butldm Construction Related to the Fire Service 9780879395940 4d'Ed. 30 ,,.. ,. _ _ IFSTAChief Officer 9780879395681 3rd Ed. 35 -- �. _ w,.uuuuuuuuuuuuuuuuuuuu�, IFSTA Emer enc Management Handbook 9780879392826 1�'Ed 20 IFSTA Essentials of Fire Fightinl5 9780879395094 6d'Ed. 66 I IFSTA Fire&Emer-encs Safet%= Officer 9780879395902 2°d Ed 25 IFSTA Fire&Emergencl Services Com ani icer Level I&Ill 9780879395643 5'''Ed. LI 75&LII51 ,-„ IFSTA Fire&Emer�ency Services Instructor 9780879394417* 81'Ed. 30 IFSTA Fire Protection,Detection& Suppression Systems 9780879395995 511 Ed. 13 9780879392383 &d'Ed. 10 ss j IFSTA Fire Hose Practices 1 � �F. —� au IFSTA Fire Inseetion&Code Enforcement 9780879396053 811'Ed. 30 IFSTA Fire Investigator 9780879393830 2°6 Ed. It, 40 IFSTA Fire Service Loss Control 9780879391645 15'Ed l� 5 ._ � 9780879392550 7” Ed. IFSTA Fire Service Search and Rescue I ZQ,,,,,hz ..„�, 1 IFSTA Fireground Sn ort Operations 9780879392031 15'Ed 10 �j, ., uuuuu� m.. IFSTA Hazardous Materials for First Responders 9780879393892 4"'Ed. 40 IFSTA Occupational Safety,Health,& Wellness 9780879393885 3'd Ed. ( 30 IFSTA Principles of Vehicle Extrication 9780879393809 I 3rd Ed. 20 ... u. - ... � .. IFSTA Pumping Ap1P5�aratus Driver Operator(no Aerial) 9780879395742 Yd Ed. 178 IFSTA Puml!m &Aerial Apparatus Driver O erator Hnbk 9780879395711 3r1 Ed. 133 IFSTA Structural Fire Fi htm Initial Resp se Stmteg &Tactics 9780879393953 1 Ed 20 g, �remmmmmmm mm�fl�„ ti� w, uukku., w.,.a IFSTA Wildland Firefighting for Structural Fire9780879392147 0 Ed 20 Page 798 of 1269 }J FEMA 22 5314 1 # #" 27 ' MLW # # 08776M b 2n'Ed. 42 # # # Emeraepc� Planning, Perry &Lindell 2007 Failure Point:How to Determine Bumin Building StabLfiry 11 2012 . # .: #11111111,310,01M: # a a. Prevention2007 V 20 th Fire Officers Handbook of Tactics,PennWell 5 75 Fire # # Code Enforcement,Diamantes Fire Service Personnel Mana ement, Edwards r a Firefigler Rescue and Survival,PennWell 206 20 Teie Principles 4• , n-j— IInrl- Ed. i # _ r 0912212993 1} i 15Ed. .. P Ed. 28 9780879394165 1932235043 I 9780763731670 11' I ' 81t a } I};: n 2nd Ed. 3n/a 12 t / , . tIM 2013 } a I J S Human Relations/Emotional Intelligences As a ay ofe ori .thatyour Company Qfficerspossessthe necessary human relations iii required to successfulty superidse and manqge their employees d to respond to variouspublic saft,ty calls, consider incotporaling our newly developedali ate i EQ fteins into your custom r slock promotional n-ritten test. FPSI worked with o y Officers who identified actual critical incidents t at a candidate is likely to face on the job,and which require critical human relations skills. Including these items into the promotional written test will allow departments to measures ills and abilities such s: • The ability to maintain patience,tact,and courtesy when dealing with crew members e public. • Effective teamwork techniques, including skills to accept, understandfollow orders,to work and live harmoniously with co-workers and to consistently follow-through on routine or specially assigned ties. • Decision-making ability to carry out assignments in aneffective manner with minimal supervision. • The ability toeffectively ea with a variety of people from various backgrounds and ranks. • The ability to be committed tote department and have allegiance to its core values an fission. Dedicated and committed tot the job and other firefighters and fire officers. • The ability to demonstrate truthfulness to self and others even in the face of severe consequences. • Willingness to remain calm under pressure or heavy workloads, not easily given to hostility,anxiousness, or vulnerability. Wi li g ess to make sensible decisions under pressure. • Teability to be consistent and reliable with ones behaviors, principles,values, ethics and orals. • Theability o maintain respect for other's emotional needs following crisis. • Theability o maintain honesty and integrity wile on dutyand off duty. • Theability o maintain respect for deceased victims and their family members. • Teability o represent public relations and the public perception oft the department's image. Willingness to be resourceful,goal-oriented,and proactive in bringingtasks o completion. • The ability o maintain discipline, morale, and respect of subordinates. Updated Jan 2020 Fire&Police selection,Inc. www.fpsi.com•(888)940-3473 Page 800 of 1269 JoyDes. cdfdon Tesl Validation TM Automated Job Descriptions if Fire& Police Selection, Inc. (FPSI) introduces AutoGOJATM, a fully functional, extremely powerful, and easy to use way to conduct job analyses online.AutoGOJATM is based on our sister company's (Biddle Consulting Group, Inc.) highly- respected and court-tested Guidelines Oriented Job Analysis (GOJATM) process. Everyone knows the foundation for a valid employment test is dependent upon the thoroughness and accuracy of the job description—the house is only as sturdy as its frame! Many fire and police departments believe they have a thorough job description for their various employment ranks, when in fact what they have is little more than a � � � � job summary. * Address the After nearly two decades in working with job experts from public safety agencies requ�tementsf the across the U.S., FPSI has developed standardized job descriptions for several public Federa,l;Unlf+�rr�n safety titlestranks. These job descriptions include the various job duties and ` Guideliin on knowledges, skills, abilities, and personal characteristics(KSAPCs)that comprise the hrlpioyee Selection job. Rroce�i�res;` . collect the information ' Completing the GOJATM Process enables employers to develop validated selection #hat!+lll helpyour procedures for a position and determine the job duties that should be classified asrganizat�on comply "essential functions" under the ADA. If the GOJTM Process is completed effectively, wltta:tr,e 19 l, . the result will be a job analysis that identifies the KSAPCs that can be measured byAmenans vsrith the selection procedures for a given position. These results can then be used to }lsabilitas Acct(I�C�A)a: validate the future entry-level and promotional assessments. As gistInlorers in bpjlecting the FPSI is pleased to provide three levels of service to address your job analysis needs: !'pfbrmat�oo�epessary #o defen, their testing ano set ctiori • Basic Option—Purchase copies of any of our seven public safety job prad icas;"and descriptions and customize the duty and KSAPC statements to fit your Help hu;mart resource department's position(s). � pr�fassionals conduct • Advanced Option—Utilize our online AutoGOJATm process to collect nsit?le'job ratings from your Job Experts to identify the critical duties and KSAPCs that sit and should be measured in your selection process. fficieni manner • Premier Option—Utilize our online AutoGOJATM process in conjunction with our online Test Validation software to validate any of our available entry- ' level or promotional written tests to your department. „ Job desc6ptions available fora Firefighter—FirefighterlEMT FirefighferlParamedic—Fire Engineer— Fire Captain Battalion Chief Assistant Chief—Fire Chief—Police Officer M Fire&Police Selection,Inc. www.fpsi.com•(888)990-3473 Page 801 of 1269 6.E. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Proposed Resolution No. R20-115-Authorize the Mayor to execute the Florida Inland Navigation District project agreement for the replacement of boat ramp and docks at Harvey E. Oyer, Jr. Park. Explanation of Request: On 3/18/20 the City Commission approved Resolution No. R20-23 authorizing staff to apply for a grant from the Florida Inland Navigation District(F.I.N.D.) for financial assistance to renovate and improve the boat ramps and dock at Harvey E. Oyer Park. On 9/23/20 at the FIND Final Tax Hearing, the Board approved the recommended funding amounts for the 2020-2021 Assistance Program effective October 1, 2020. On 9/24/20 staff were notified via email the City of Boynton Beach was awarded funding in the amount of $600,000 for the project. As a part of the next required step it is necessary for the City Commission to authorize the execution of the project agreement. How will this affect city programs or services? The repairs will greatly improve safety and use of the boating amenities for the public. Fiscal Impact: Budgeted Total Project Cost is$1,200,000. Florida Inland Navigation District grant request is $600,000, with 50% match ($600,000), budgeted by the City of Boynton Beach in the Capital Improvement Program in FY20/21. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 802 of 1269 Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution approving and authorizing the Mayor D Resolution to sign the Project Agreement with F1 ND for the boat ramp and docks at Harvey E. Oyer J r park D Agreement FIND Project Agreement D Exhibit F IND Award Notification D Resolution Resolution No. R20-023 Page 803 of 1269 I RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THAT 4 MAYOR TO SIGN THE FLORIDA INLAND 5 NAVIGATION DISTRICT PROJECT AGREEMENT FOR 6 THE REPLACEMENT OF BOAT RAMP AND DOCKS AT 7 HARVEY E. OYER, JR. PARK; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 12 WHEREAS, on March 18, 2020 the City Commission approved and authorized staff, 13 via Resolution R20-023, to apply for a grant from the Florida Inland Navigation District 14 (F.LN.D.) for financial assistance to renovate and improve the boat ramps and dock at Harvey 15 E. Oyer Park; and 16 WHEREAS, at the FIND Final Tax Hearing on September 23, 2020, the Board 17 approved the recommended funding amounts for the 2020-2021 Assistance Program effective 18 October 1, 2020; and 19 WHEREAS, staff has been notified that the City of Boynton Beach was awarded 20 funding in the amount of $600,000 for the project and will need to enter into the project 21 Agreement. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 24 Section 1. The above referenced whereas clauses are incorporated herein by 25 reference. 26 Section 2. The City Commission hereby approves and authorizes the Mayor to sign 27 the Florida Inland Navigation District project Agreement for the replacement of boat ramp and 28 docks at Harvey E. Oyer, Jr.park. A copy of the Agreement is attached hereto as Exhibit"A". S:ACA\RESO\FIND Agreement For Oyer Boat Club Park-Reso.Docx Page 804 of 1269 29 Section 3. This Resolution shall become effective immediately. 30 31 PASSED AND ADOPTED this day of October, 2020 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice-Mayor—Ty Penserga 38 39 Commissioner—Justin Katz 40 41 Commissioner—Woodrow L. Hay 42 43 Commissioner—Christina L. Romelus 44 45 VOTE 46 ATTEST: 47 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) S:ACA\RESO\FIND Agreement For Oyer Boat Club Park-Reso.Docx Page 805 of 1269 FLORIDA INLAND NAVIGATION DISTRICT October 1, 2020 FLORIDA INLAND NAVIGA710NISTAIC_T Mr. Andrew Mack, Director of Develop me nt/City Engineer City of Boynton each, 100 E. Boynton each Boulevard Boynton each, FL 33435 COMMISSIONERS DON DONALDSON RE: Oyer Boat Club Park Improvements, Phase II CHAIR (Project # PB-BB-20-212) ST.LUCIE COUNTY J.CARL BLOW VICE-CHAIR ST.JOHNS COUNTY Dear Mr. Mack: JON NETTS TREASURER Enclosed, for your signature, is an original project agreement for your FLAGLER COUNTY approved Assistance Program project for fiscal year 2020-2021. When FRANK GERNERT SECRETARY signing the agreement, be sure to also complete the Exhibit C, BROWARD COUNTY Matching Funds Form in the agreement. T.SPENCER CROWLEY,III MIAMI-DADE COUNTY Once the agreement has been executed, please return the original to me DONALD J.CUOZZO for execution by the District. If original signatures are not required on MARTIN COUNTY your part, the signed agreement may be scanned and emailed to CHARLES C.ISIMINGER J_Zimmerr-nanLd_)aicw,_"r Upon final signature by FI D's Executive Director PALM BEACH COUNTY I will return a fully executed agreement to you for your files. VACANT VOLUSIA COUNTY MICHAEL O'STEEN Please note the projects first quarterly report (Exhibit F) will be due Dec DUVAL COUNTY 30, 2020. Other important grant deadlines and closeout requirements are JERRY H.SANSOM listed in Exhibit G in the agreement. BREVARD COUNTY LYNN A.WILLIAMS Should you have any questions please feel free to contact me at NASSAU COUNTY 561.627.3386 or JZimmerman@aicw.org VACANT INDIAN RIVER COUNTY Sincerely, m. MARK T.CROSLEY Janet Zimmerman EXECUTIVE DIRECTOR JANET ZIMMERMAN Assistant Executive Director ASSISTANT EXECUTIVE DIRECTOR ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD,JUPITER,FLORIDA 33477-9427 TELEPHONE 561-627-3386 FAX No.561-624-6480 www.aicw.org Page 806 of 1269 FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. PB-BB-20-212 This PROJECT AGREEMENT ("AGREEMENT")made and entered into this day of , 20 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the City of Boynton Beach, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this AGREEMENT and Rule 6613-2 of the Florida Administrative Code(a current copy of which is attached as Exhibit "B"),the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT")consisting of the Oyer Boat Club Park Improvements Phase II Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application,which is on file at the DISTRICT's headquarters. Any modifications to the PROJECT'S scope of work shall re written advance notice and Lustification from the PROJECT SPONSOR and the prior written approval f the DISTRICT. 2. TERM-The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this AGREEMENT unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2022 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2023. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30,2022,and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. I Page 807 of 1269 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOtNT") no more than Eilfly percentt5�/o ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT("PROJECT At NLT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR(the "ASSISTANCE AMOUNT") will be on.a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A, Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $600,000.00. An reqitten advance notice and justification from the PROJECT SPONSOR. � €i the prior itten approval of the DISTRICT. 4. MATC11ING FUNDS-The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match. Amount (the PROJECT AMOUNT less the ASSISTANCE; Air OUINT) available for the completion of the PROJECT and shall, prior to the execution of this AGREEMENT,have provided.the DISTRICT with suitable evidence of the availability of such funds using the DISTRICT's Form #95-01 (Exhibit C. Matching Funds Certification) and, upon request, providing the DIST RICTwith access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under this AGR EEMIENT, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B, Chapter 66B-2, .F.A.C.. PROJECT COSTS must be incurred, and work perfori-ned within the PROJECT PERIOD, with. the exception of pre-AGREE ENT costs, if any, consistent with Section 6 below, which are also eligible for reimbursement by the DISTRICT. If the PROJECT SPONSOR receives additional funding for the PROJECT COSTS from another source that was not identifited in the original application and.that changes the ACS RE EMEN T MATCHING PERCENTAGE, the PROJECT SPONSOR shall proportionately reimburse the DISTRICT's program funds equal to the MATCHING PERCENTAGE in.this AGREEMENT. The PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from a source other than the DISTRICT. 6. PRE-AAO REEMENT' COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any 2 Page 808 of 1269 obligation or expenditure made prior to the execution of this AGREEEMENT unless previously delineated in Exhibit A, consistent with Exhibit B,and previously approved by theDisTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form#90-14) attached as Exhibit D. Supporting, documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion.of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICTand in accordance with. Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of this AGREEMENT, reimbursement for a PROJECT approved as Phase I project will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve further DISTRICT funding. Procedures set forth below with respect to reimbursement by the DISTRICT are subject to this requirement of commencement of construction. The DISTRICT shall have the right, to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this AGRE EME NT. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt ofthe Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTIR UCT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph of the PROJECT showing the sign required by Section 18,and(5)a Final 3 Page 809 of 1269 Project Report as described in Exhibit G, Assistance Project Schedule. As part of the documentation accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER.") to provide services or materials for the PROJECT. The final. reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT,the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three(3)years after the end.of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES —In the event of a breach of any of the terms of this AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR,which shall have sixty (60)days in which to cure the breach. If the PROJECT SPONSOR.fails to cure the breach within the cure period,the DISTRICT shall have the right,but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR.whereupon this AGREEMENT, and all further rights there-under, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17, and 20, PROJECT SPON SOR acknowledges that breach by the PROJECT SPONSOR.of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm., namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm. due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach, the DISTRICT' were required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17, or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek 4 Page 810 of 1269 specific performance and injunctive relief, and for purposes of determining whether to grant an equitable remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this AGREEMENT and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of this AGREEMENT, to act on behalf of the PROJECT SPONSOR relative to the provisions of this AGREEMENT. 13. STATUS REPORTS-The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F, Assistance Program Project Quarterly Status Report). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G,Assistance Project Schedule, may result in revocation of this AGREEMENT. 14. LAWS -The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and requirements. 15. NON-DISCRIMINATION-The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex,race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES -Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 5 Page 811 of 1269 17. SITE DEDICATION-The PROJECT SPONSOR also agrees that the PROJECT Tsite shall be dedicated for the public use fora minimum period of twenty-live (25) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, management AGREEMENT or other legally binding document. Any change in such dedication shall. require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT'is located. 18. ACKNOWLEDGMENT—For construction projects,the PROM CT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entrance of the completed PROJECT, which. shall indicate that the DISTRICT contributed funds for the PROJI-HCT. The wording of the sign required by this section shall be approved by the DIST RICT's staff before construction and installation. of said sign. This sign shall contain. the DISTRICT logo (Exhibit IT)unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign,it shall also indicate the DIST RICT's participation. For all other types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staff s recommendations. 19. PROJECT MAINTENANCE - 'When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJEC,r for the life of the PROJECT' improvements and will pay all expenses required for such purposes. The PROJECT' improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR,and in accordance vvith applicable health standards.PROJECT' .facilities and improvements shall. be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES—Any fees charged for this PROJECT shall be reasonable and the same for the general.public of all member counties. The PROJECT SPONSOR rn List demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated 25-year life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. 1-1owever, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 6 Page 812 of 1269 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners, and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - The rights and duties arising under this AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns,and shall,unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this AGREEMENT nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS-Waiver of a breach of any provisions of this AGREEMENT shall not be deemed a waiver of any other breach of the same or different provision. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this AGREEMENT shall be in writing,postage paid,and shall be sent by certified mail,return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: City of Boynton Beach Attention: Director of Development/City Engineer, 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. GOVERNING LAW - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 7 Page 813 of 1269 28. TRANSFERENCE -It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this AGREEMENT, other than another governmental entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder,the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT including,but not limited to,any costs and reasonable attorney's fees(regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 29. ENTIRE UNDERSTANDING -This AGREEMENT,including any exhibits made a part hereof, embodies the entire AGREEMENT and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. IN WITNESS 'vAMEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: Executive Director Date: WITNESSES: City of Boynton Beach By: Title: Date: 8 Page 814 of 1269 EXHIBIT A FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2020 PROJECT COST ESTIMATE (See Rule Section 6611-2.005 &2.008 far eligibility and funding ratios} Project Title: Oyer Boat Club Park Improvements Applicant: City of Boynton Beach Project Elements Quantity or Total -Applicant's Cost FIND Cost (Please list the MAJOR project elements and Estimated Cost (To the nearest$50) (To the nearest$50) provide general costs for each one. For (Number and/or Footage Phase I Projects,please list the major etc.) elements and products expected) Construction 1,200,000 600,000 600,000 "TOTALS = ,200,000 X00,000 b�UU,0O0 Form No.90-25(New 10/14/92,Revised 04-24-06) Page 815 of 1269 EXHIBIT B 2020 CHAPTER 6611-2 WATERWAYS ASSISTANCE PROGRAM 6613-2.001 Purpose 66B-2.002 Forms 6613-1003 Definitions 66B-2.004 Policy 6613-2.005 Funds Allocation 6613-1006 Application Process 6613-2.0061 Emergency Applications 6613-1008 Project Eligibility 6613-2.009 Project Administration 6613-2.011 Reimbursement 6613-2.012 Accountability 6613-2.013 Acknowledgement 6613-1014 Small-Scale Spoil Island Restoration and Enhancement Projects 6613-1015 Small-Scale Derelict Vessel Removal Projects 6613-2.016 Waterways Cleanup Events 66111-2.001 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways,as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways.The purpose of this rule is to set forth the District's policy and procedures For the implementation of an assistance program. under Section 374.976,F.S.,for local governments,member counties and navigation related districts within the District.This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Rulemaking Authority 374,9176(2)FS.Law Implemented 374.976(1)1,S.History—New 12-17-90,For merly.16T-21 001. 6611-2.002 Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road,Jupiter,Florida 33477. Rulemaking Authority 374,976(2)PS.Law Implemented 374.976(1)IS.History-.New 12-177-90,Formerly 16T-2.002. 6611-2.003 Definitions. The basic terms utilized in this rule are defined as follows: (1)"APPLICANT"means an eligible governmental agency submitting an application through this program. (2)"APPLICATION"means a project proposal with the required documentation. (3)"AUTHORIZED SUBMISSION PERIOD"means the established period for submitting applications to the District. (4)"BEACH RENOURISHMENIT"means the placement of sand on a beach for the nourishment,renourishment or restoration of a beach, (5)"BOARD"means the Board of Commissioners of the Florida Inland Navigation District. (6)"DISTRICT"means the Florida Inland Navigation District(FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District, (8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Page 816 of 1269 Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9)"EXECUTIVE DIRECTOR"means the Executive Director of the Florida Inland Navigation District. (10)"LIAISON AGENT"means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS"means municipalities, cities, or consolidated county governments,which are located within the member counties. (12)"MARITIME MANAGEMENT PLAN"means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical,environmental and economic parameters of the planning area. (13)"MATCHING FUNDS"means those funds provided by the local sponsor to the project. (14)"MEMBER COUNTY"means a county located within the taxing boundaries of the District which includes Nassau,Duval, St.Johns,Flagler,Volusia,Brevard,Indian River,St.Lucie,Martin,Palm Beach,Broward and Miami-Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (16) "PRE-AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17)"PROGRAM"means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT"means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (21)"PROJECT MAINTENANCE"means any usual action,activity,expense,replacement,adjustment or repair taken to retain a project or grant item in a serviceable,operational or normal condition,or the routine efforts and expenses necessary to restore it to serviceable or normal condition,including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22)"PROJECT MANAGER"means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (23)"PROJECT PERIOD"means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity,or operated by a third party operator.The building or facility must provide waterway related information,public meeting space,or educational services and be open to members of the public on a continual basis without discrimination. (26)"PUBLIC MARINA"means a harbor complex used primarily for recreational boat mooring or storage,the services of which are open to the general public on a first come,first served basis without any qualifying requirements such as club membership,stock ownership,or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging,launching,or off-loading by commercial or industrial waterway users on a first come,first served,short-term basis,to gain entry to or from the District's waterways to serve the infrastructure needs of the District's waterway users. (28)"TRIM HEARING"means a public hearing required by Chapter 200,F.S.,concerning the tax and budget of the District. (29)"WATERWAYS"means the Atlantic Intracoastal Waterway,the Okeechobee Waterway,the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut-Off Canal and the Hillsboro Canal east of the water control structures,all navigable natural rivers,bays,creeks or lagoons intersected by said waterways and all navigable natural creeks,rivers, bays or lagoons entering or extending from said waterways. (30)"WATERWAY RELATED ENVIRONMENTAL EDUCATION"means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the Page 817 of 1269 environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways, Rulemaking Authority 374.976(2) ES. Law Implemented 374,976(1) FY Histot:r_New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16712.00.3, Amended.5-17-98,3-21-01,3-20-03,3-3-04,4-21-05,4-24-06,4-1.5-07,3-25-08,3-7-1 1. 66B-2.004 Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction,reconstruction,extension,improvement,operation or the maintenance of public navigation,local and regional anchorage management,beach renourishment, public recreation,inlet management,environmental education,maritime management plans,and boating safety projects directly related to the waterways. (b)Eligible local governments may also be provided financial assistance,support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education,and boating safety projects directly related to the waterways. (c)Navigation related districts may be provided wrath financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel.All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county.Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors.Each seaport shall contribute matching funds for funded projects. (d)Eligible projects shall include the acquisition and development of public boat ramps and launching facilities,including those in man-made,navigable waterways contiguous to"waterways"as defined in Rule 66B-2,003,F.A.C. (2)Notification:The District will notify by direct mail,email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3)Project Approval:Approval of projects by the District shall be in accordance with these rules. (4)Project Accessibility:Facilities or programs funded.in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color,religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds,shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds,however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5)Waterway Impacts:All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures,attendant uses,or the necessity of a boating speed zone for safety purposes.Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (6)Project Maintenance:The project sponsor shall be responsible for the operation,maintenance,and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes, The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use.The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. Page 818 of 1269 (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8)Public Information Availability:Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost,except for the cost of reproduction,to the public. (9)Third-Party Project Operators:Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight,at a minimum,will include a project liaison that is a staff member of the eligible project sponsor,and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement.All third party projects shall be open to the public in accordance with this rule. (10)Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project.Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (11)Fees:Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life.Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District Rulemaking Authority 374.976(2)FS.Law Implemented 374.976(1), (2)IS.History-New 12-17-90,Amended 2-3-94,2-6-97,Formerly 16T-2.004, Amended5-18-98,3-31-99,5-25-00,3-21-01, 7-30-02,3-3-04,4-21-05,4-1-09,2-22-10,3-7-11,3-7-12, 1-27-14,2-17-15, 6613-2.005 Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals,management policies,fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding.Applications will be reviewed by the Board utilizing District Forms No.91-25 and 91-25(A)through(F)Waterways Assistance Program Application and Evaluation Worksheet(effective date 1/2014), hereby incorporated by reference and available at: hft.,/—/www.fl rutes.or&/Gatewg /refer-,qgk.asp?No-Ref-03568 and available from the District office or by download from the District's webpage at: www.aicw.org. (1)Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs,financial assistance to eligible government agencies shall not exceed an amount equal to eighty(80)percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located.The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs,or in counties that are recovering from a state of emergency declared under Chapter 252,F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor,with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6),F.A.C.,land acquisition projects in accordance with subsection 66B-2.005(7)and Rule 6613-2.008,F.A.C.,small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 6613-2.014,derelict vessel projects consistent with Rule 6613-2.0015,F.A.C., and Waterway Cleanup Projects approved under Rule 6613-2.0016,F.A.C.Applicant's in-house costs are limited pursuant to paragraph 66B-2.008(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent(50%)of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. (3)Pre-agreement Expenses:The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process.Board authorization of pre- agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District,its waterways or its constituents.All project costs must be incurred and work performed within Page 819 of 1269 the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board.Pre-agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.008, F.A.C., and occur within the fiscal year of the grant application submission(October I st to September 30th).Pre-agreement expenses,except for projects approved by the Board as multi- year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half(1/2) or less of the approved pre-agreement expenses will be eligible for reimbursement funding from the District,except for projects approved by the Board as multi-year projects.The Board shall consider a waiver of the limitation on pre-agreement expenses for Small-Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 6613-2,F.A.C. (4)Multi-Year Funding:The construction phase of projects that are large scale,involve multiple phases,have a construction time line of one year or longer,or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200,F.S.The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process.All approved multi-year projects are limited to a maximum of two(2)additional funding requests. (5)Inlet Management and Beach Renourishment:Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions, The District shall contribute no more than fifty percent of the local share of the cost of the project.The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project.Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board fora multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a)Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161,161,F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets,navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans.If state funding is not provided for a beach project,public access with adequate parking must be available in accordance with Chapter 161,ES. (6)Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent(75%)program funds must be within the Intracoastal Right-of-Way(ROW),or provide public navigation channel access to two or more publicly accessible launching,mooring or docking facilities.In addition,the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled,or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty(20)years or more and therefore is more cost effective than identifying and correcting the cause of shoaling,or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. (b)Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent(50%) program funding.Dredging that is associated or ancillary to another use(such as a boat ramp,marina or pier)will be prioritized according to the associated use. (7) Land Acquisition: Land acquisition projects that provide for commercial/industrial waterway access shall qualify for a maximum of fifty(50)percent funding. All other land acquisition projects shall qualify for a maximum of twenty-five(25)percent program funding. All pre-agreement expenses for land acquisition must be completed within one-year of the date of application for funding. All funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition,or the District may require the applicant to refund the program funding.Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility for a minimum period of 25 years after completion of construction,the District shall require the applicant to refund the program funding. Page 820 of 1269 (8) Seaport Funding Eligibility: Financial assistance to seaports mkv exceed the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to(I)the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(l),F.A.C.,from the counties where the benefit is demonstrated less(ii-)funding allocated in the same fiscal year to all other local government projects funded in those counties. RulemakhkgAulhority 374.976(2)FS. Law Implemented 374.976(1), (3) ES. History-New 12-17-90 Amended 6-24-93, 9-5-96 2-6-97, formerly 16T-2.00.5,Amended 5-17-98, 8_26-99. 3-21-01, '17-30-02, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 4-1-09,3-7-11,3-7-12,4-10-13, 1-27-14,5- 15-10. 6613-2.006 Application Process. (1)Application Period:With the exception of eligible Disaster Relief Projects,eligible Small-Scale Spoil Island Restoration and Enhancement Projects eligible Small.-Scale Derelict Vessel Applications and Waterway Cleanup Events,all applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22(effective date 4-24-06)and the Waterway Assistance Program Application and Evaluation Worksheet No.91-25 and 91-25 (A)through(F) (effective date 1/2014) are hereby incorporated by reference and available from the District office, With the exception of projects eligible under the Small-Scale Spoil Island Restoration and Enhancement program, the Small-Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No.90-25,Florida Inland Navigation District Assistance Prop ,rarn Project Cost Estimate,(eftective date 4- 24-06),hereby incorporated by reference and available from the District office.In addition,all applicants shall submit a complete and detailed Prcject`Fimeline(FIND FC PIV No.96-10)(effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission.Said resolution shall be made on FIND Form No.90-21,Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program(effective date 10-14-92),hereby incorporated by reference and available from the District office. (4)Attorney's Certification:If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information:A County location map,a project location map,a project boundary map,and a clear and detailed site development map for land development projects. (6)Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office,It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review.In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No.90-26.Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 6613-2,006,F.A.C.,and any other information requirements identified in the Application Checklist(FIND Form Number 90-26),but such forms and other submitted information must be completely filled out,executed as applicable,and also establish compliance with Chapter 6613-2.F.A.C. (7)Interlocal Agreements:Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Page 821 of 1269 Waterway channel as documented by the District's long range dredged material management plans, will directly berietit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can quali6, for project assistance through an interlocal agreement pursuant to Chapter 163,F.S.,or Section 374.984(6)(a),F.S.District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre-agreement expenses,permitting and property control requirements. (8)Application Presentations:Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A)through (F) for Waterways Assistance Program applications.The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score.The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance.Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application.Only Applicants that are eligible under Rule 6613-2,0061,F.A.C.,"Disaster Relief Applications",shall complete FIND Form No.91-25F Emergency Re-Construction(effective date 4-24-06, 1/2014), (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds,if any,to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board.Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form.Allocations will also be based upon the specific needs of the individual counties, RulemakingAuthority 374,976(2)RK Law Implemented 374.976(1)FS.History New 12-177-90,Amended 9-2-92, 6-24-93,4-12-9.5,Formerly 137'- 2.006, 67'2.006 Amended5-25-00, 3-21-01, 7-30-02,3-20-03,4-21-05,4-24-00,4-15-07,3-25-08,3-7-11, 1-27-14, 6611-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged C, by a declared natural disaster.The District shall consider these applications in accordance with these rules. Rulemaking Authority 374.976(2)ES.Law Implemented,374.976(l)FS.Ifistopy-New 6-24-93,mended 2-6-97,Formerly 16T-2.006L,4mended4- 24-06. 661; -2.008 Project Eligibility. (I) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways,acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a)Program funds may be used for projects such as acquisition,planning,development,construction,reconstruction,extension, or improvement,of the following types of projects.for public use on land and water.These project types will be arranged into a priority list each year by vote of the Board.The priority list will be distributed to applicants with the project application. 1.Public navigation channel dredging; 2.Public navigation aids and markers; 3.Inlet management projects that are a benefit to public navigation in the District; 4.Public shoreline stabilization directly benefiting the District's waterway channels; 5.Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access; 6.Waterway signs and buoys for safety,regulation or information; 7.Acquisition,dredging,shoreline stabilization and development of public boat ramps and launching facilities; 8.Acquisition,dredging,shoreline stabilization and development of public boat docking and mooring facilities; Page 822 of 1269 9.Derelict Vessel Removal; 10.Waterways related environmental education programs and facilities; 11.Public fishing and viewing piers; 12.Public waterfront parks and boardwalks and associated improvements; 13.Maritime Management Planning; 14.Waterways boating safety programs and equipment; 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project;and, 16.Environmental restoration,enhancement or mitigation projects;and, 17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 66B-2.005(5) or(6) or subparagraphs 66B-2.008(1)(a)l.-16.,F.A.C.,but are located on eligible waterways shall be considered for fundin9 under the priority listing of"other waterway related project"and eligible for 25%funding, (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies,miscellaneous,reoccurring personnel related costs,irrigation equipment,ball-courts,park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1.Landscaping that does not provide shoreline stabilization or aquatic habitat; 2.Restrooms for non-waterway users; 3.Roadways providing access to non-waterway users, 4.Parking areas for non-waterway users; 5.Utilities for non-waterway related facilities; 6.Lighting for non-waterway related facilities; 7.Project maintenance and maintenance equipment; 8.Picnic shelters and furniture for non-waterway related facilities; 9.Vehicles to transport vessels;and, 10.Operational items such as fuel,oil,etc. 11.Office space that is not incidental and necessary to the operation of the main eligible public building;and, 12.Conceptual project planning,including:public surveys,opinion polls,public meetings,organizational conferences.and, 13.Inlet maintenance. (c)Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: I.The following project costs will be eligible for program funding or as matching finding if they are performed by an independent contractor: a.Project management,administration and inspection; b.Design,permitting,planning,engineering or surveying costs for completed construction project; c.Restoration of sites disturbed during the construction of an approved project; d.Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph 1. above, a construction contract for the project,approved and executed by the project sponsor and project contractor must be submitted to the District. 2.Marine fire-fighting,Marine law enforcement and other vessels are eligible for a maximum of$60,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase 11 will include the construction of the project. A description and cost estimate of the Phase 11 work shall be submitted along with the Phase I application for Board review, (2)Property Control:The site of a new proposed land-based development project,with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion.Such dedication shall be in the form of a deed,lease,management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located.This property control requirement also applies to a project site owned by another governmental entity, The governmental Page 823 of 1269 entity that owns the project site may be joined as a co-applicant to meet this property control requirement. Existing land based development projects that are being repaired,replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if: (a)The property has been designated for the use for which the project is intended(even though there may have been no formal dedication)in a plat or map recorded prior to 1940,or (b)The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application,or (c)There is no ongoing litigation challenging the designated use of the property as shown on the plat or map,nor has there been any judicial determination contrary to the use by the public for the use she on the plat or map. (3)Permits: The prcliect sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project, Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the District's final TRIM hearing.This demonstration will be by submission of the required environmental permit(s)and authorizations,or by submission of a letter from the agency(s)stating that a permit or authorization is not required.Should the environmental permitting element of an application that has construction elements requiring state or federal environmental permits or authorizations not be completed by the District's final TRIM hearing, the construction portion of the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM hearing,the District will not deviate from the funding schedule to accommodate any application deficiency. (4)Public Marina Qualifications:All public marina projects funded through this program shall include sewage purnpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable.All public marina projects funded through this program shall have at least ten percent(10%)of their slips or mooring areas available for transient vessels.Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas.The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan.The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways,while identifying and prioritizing the waterway access needs of the community.The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed,nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a)Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort.Public,government,environmental,industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b)The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the community,and shall include,at minimum,the following: 1.Public boat ramp and ramp parking inventory and analysis, 2.Public mooring and docking facility analysis,including day docks and transient slips. 3.Commercial and working waterfront identification and needs analysis. 4.The identification,location,condition and analysis of existing and potential navigation channels. 5.An inventory and assessment of accessible public shorelines. 6.Public Waterway transportation needs. 7.Environmental conditions that affect boat facility siting,a current resource inventory survey,and restoration opportunities. 8.Economic conditions affecting the boating community and boating facilities. 9.Acknowledgment and coordination with existing data and information,including an emphasis on the Intracoastal Waterway, (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan.The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation Page 824 of 1269 credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental restoration,enhancement or mitigation projects shall provide public access where possible. (7)Final Decisions:The Board will make all final decisions on the eligibility of a Project or specific project costs. RulemakingAuthorily 374.976(2)17S. Law Implemented 3174.976(1)-(3)FS.Histopy---Alew 12-17-90,At 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-- 5-96,2-0-97,Formerly 167-2.008,Amended 5-17-95,3-31-99,5-25-00,3-21-01, 17-30-02, 3-20-03,3-3-04,4-15-07,3-2.5-08,4-1-119,2-22-10,3-7- 11,3-7-12, 1-27-14,2-17-15,2-21-16. 66B-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement.The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent,who will be a member of the eligible applicant's staff,to act on its behalf in carrying out the terms of the project agreement.Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six(6)months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. Tire project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule.Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project.This request will then be considered by the DISTRICT Board,whose decision shall be final.In review of these requests,the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project tl within one additional year. (2)Matching Funds:The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3)Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board,except that the Executive Director may approve a minor project agreenient amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category,result in a reallocation of more than 35%of the approved funding of the project among project elements,nor allow for a greater than 35%change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a I P formal amendment to the project agreement and shall be in compliance with these rules. (4)Project Reporting:The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report,problems encountered,percentage of project completion and other appropriate information, These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report",dated 7-30-02,hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project,final cost,project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 6613-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6)Project Inspection: Upon reasonable request,the project manager shall have the right to inspect the project and any and all J records relating to the project. (7) Project Completion: The project shall be completed within three(3)years of the date of the beginning of the District's first fiscal year for Which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section,the extension of time granted shall not exceed.one additional three(3)year period. (8)Project Completion Requirements:Upon completion of the project,the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 730-02), hereby incorporated by reference and Page 825 of 1269 available from the District office,which certifies that the project was completed in accordance with the project agreement and the final project plans. (b)A final reimbursement request accompanied by all required billing statements and vouchers. (c)Photograph(s)showing the installation of the sign required by Rule 66B-.2.0 t3,F.A.C. A Photograph(s)of the completed project clearly showing the program improvements. (9)Project Completion Review:The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Rulemaking.Authority 374,976(2)FS,Law Implemented 374.976(1)ES.history--New.12-17-90,Formerly 16T-2.009,Amended 3-21-01, 7-30-02,3- 7-11, 1-27-14, 6613-2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement.This release of program funds shall be on a reimbursement only basis.The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement.Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents,FIND Form No,90-14(effective date 7-30-02)hereby incorporated by reference and available from the District office. (1)Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate.that was approved by the Board,which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project.The District will pay the lesser of-, (a)The percentage total of project funding that the Board has agreed to fund,or (b)The maximum application funding assistance amount, (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three(3)year project deadline,then the District shall only allow one(1)year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3)Reimbursement Requests:All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4)Retainage:The District shall retain ten percent(10%)of all reimbursement payments until final certification of completion of the project.The District shall withhold any reimbursement payment,either in whole or part,for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the Final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6)Recovery of Additional Project Funding:If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost-share percentage,the project sponsor shall proportionately reimburse the District's program funds equal to the cost-share percentage in the approved project agreement.The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Ruleniaking.Authority 374J76(2)FS.Law Implemented 374.976(l)FS. History-New 12-17-90,Amended 6-24-93, Formerly 167'-2,011,Amended 3-31-99, 7-30-02,3-7-11. 66B-2.012 Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to property account for all program funds. (2)Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 6613-2,009(4).F.A.C. (3)Completion Certification: All required final completion certification documents and materials as outlined in subsection 66B- 2.009(8),F.A.C.,of this rule shall be submitted to the District prior to final reimbursement of program flands. Page 826 of 1269 (4)Auditing:All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project.Any such audit expenses incurred shall be borne entirely by the project sponsor. (5)Project Records:The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment,whichever is later,except that should any litigation, claim,or special audit arise before the expiration of the three year period,the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws,the project sponsor shall repay the misused program funds to the District. Rulemaking Authority 374.976(2)FS.Law Implemented 374,976(1)FS.History—New 12-17-90,Former4y 161=2.012,Amended 7-30-02. 66B..2.013 Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site which indicates the District's participation in the prqject.This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign,this sign shall also recognize the District's participation.If the final product of the project is a report,study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Rulemaking Aulhorhy 374,976(2)FS.Law Implemented 37:1.976(1)FS.History New 12-17-90,Formerly 16112.013,Amended 2-22-16. 6613-2.014 Small-Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational,navigational,educational,and environmental purposes.The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure---A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the forinat described in FIND Document 903-02, Call for Proposals — Small-Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office, Proposals may be submitted to the District and considered by the Board at any time during the year, (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent(90%)program funds. The applicant's ten percent(10%) matching funds may include in-kind contribution pursuant to paragraph 66B-2.014(4)(b), F.A.C. (3)Eligibility:All proposals must meet the following eligibility criteria to be considered for funding: (a)Management Plan Compliance:Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site, (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease,interlocal agreement, use agreement or other legal form approved by the District.The applicant shall include a map clearly delineating the location of all proposed work included in the application. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 6613-2,005., F.A.C., subject to the exceptions identified in this rule,and with the following additions: (a)The District shall fund a maximum of up to$7,500 per project,not to exceed$22,500 per County,per fiscal year. (b)The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will not be counted by the District as exceeding$10.00 per hour.No administrative costs can be incorporated into the Project as Project costs, (c)The funding provided by the District shall only be allocated for specific Project expenses such as construction materials,plant materials,herbicides,etc.The funding provided by the District shall not be allocated for parties,food or beverages, (5)Hold Harmless Waiver:All volunteers,who are not government employees,shall sign a hold harmless waiver Form No.02- 01 (?-few 7-30-02)as approved by the District and hereby incorporated by reference and available from the District office. Rulemaking Authoriti,374,976(2)FS.Law Implemented 374.970'(1)ES.history—Vew 7-30-02,Amended 4-24-06,3-7-11. Page 827 of 1269 6611-2.015 Sinall-Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways.The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1)Application Procedure--Applications shall be submitted on a completed FIND Form No.05-01 (Small-Scale Derelict Vessel Removal Program)(effective date 4-2406),and FIND Form No.01-06(Small-Scale Derelict Vessel Removal Program Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year. (2)'T'he District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels,or have completed the removal of such vessels within the 6 months preceding the application,subject to eligibility under these program rules. (3)The program must be sponsored by an eligible government agency or not-for-profit organization. (4)District funding shall be limited to$30,000,00 per county,per year,provided on a reimbursement basis only.The limitation on pre-agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3),F.A.C. (5)The eligible applicant must provide the remaining matching funds for project completion.In no case shall the District's cost- share contribution exceed 75%of the total project costs.In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 6613-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application (7)The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8)The funding provided by the District shall only be allocated for removal of derelict vessels.The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10)Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11)The District Board shall make all final decisions concerning the provision of funding for this program. Rulemaking Authority 374,976(�)FS,Law lmplemenwd374.976(1)FSS.Historp—Alew4-24-06,Amended 4-15-07,3-25-08,3-7-11, 1-27-14, 66B-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways.The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1)Application Procedure:Prior to the event,a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup,contact information,a map of the cleanup locations and the general parameters of the event. In addition,the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds,as well as the overall general budget of the event.Proposals may be submitted to the District and considered by the Board at any time during the year, (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections(8)through(10),below, (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not-for-profit corporation. (4) Funding: District handing shall be limited to $5,000 per waterway,per county, except for the provisions of subsections (8) through(10),below, (5)The District shall be recognized in all written,on-line, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6)Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising,T-shirts,and related expenses.The funding provided by the District shall not be allocated for parties,meetings, food or beverages. (7)The District Board shall make all final decisions concerning the provision of funding for a clean-up program. Page 828 of 1269 In addition to the requirements stated above,a cleanup program implementing all of the following additional incentives will qualify for up to additional$5,000 in clean up funds. (8)The clean-up program budget must provide equal or greater matching funds for all Navigation District funding. (9) The applicant shall tally and report the composition and location of the waterway-related debris, with the goal to show definitive progress in the amount of refuse collected,a reduction in the overall debris in the waterway,or an increase in the number of additional waterway areas included in the clean up. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area,or an applicant can conduct an additional waterway cleanup program for the waterway areas. Rulemaking Authority 374.976(2)FS.Law Implemented 374.976(1)FS.History—New 3-7-I1. Page 829 of 1269 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Sponsor: Project Title:_ Project#: Source of Matching Funds: Amount of Matching Funds: I hereby certify that the above referenced project Sponsor, as of October 01, 2018, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated Project Liaison Name:__ Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. ® Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9,195 (revised 7-30-02) Page 830 of 1269 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT#:- PROJECT SPONSOR: BILLING#: Amount of Assistance A. Less Previous Total Disbursements B. and Less Previous Total Retainage Held Balance Available FuaqLaequested This Disbursement Funds Requested C. Less Retainage (-10% unless final) D. Check Amount Amount of Assistance Less Total Prior and Current Payments Including all retainage held (A-B-C-D) Balance Remaining SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit"A") FIND-Form No. 90-14 (NOTE:Signature Required on Page 2) Effective Date 7-30-02) Page 831 of 1269 FIND-Form No. 90-14 Page Two EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit"A") Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "A" of the Project Agreement. Project Liaison Date *S® 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND-Form No. 90-14 Effective Date 7-30-02) Page 832 of 1269 FLORIDA INLAND NAVIGATION DISTRICT ACH Authorization FORM CREDIT/DEBIT AUTHORIZATION FORM I (we) hereby authorize the Florida Inland Navigation District to initiate entries to my (our) checking/savings account at the financial institution listed below, and if necessary, initiate adjustments for any transactions credited/debited in error. This authority will remain in effect until the Florida Inland Navigation District is notified by me (us) in writing to cancel it in such time to afford the District and the financial institution a reasonable opportunity to act on it. (Name of Financial Institution) (Address of the Financial Institution-Branch, City, State, & Zip) Signature Date Name-PLEASE PRINT Name of Business/Agency Address-PLEASE PRINT Financial Institution Routing Number: Checking/Savings Account dumber® These numbers are located mi the bottom of your check asfollows: "a' 12 3 1, S F31aw 'W" L 2 3 t, S rn ?8 go L 2 P ROUTINGINTUMBER ACCOUNT NUMBER Page 833 of 1269 EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Project Completion Certification Sponsor: Project Title: Project I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and dated , 20 and that all funds were expended in accordance with Exhibit "A" and Paragraph I of the Project Agreement. Project Liaison Name:_ Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90,Revised 7-30-02) Page 834 of 1269 EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT http://www.aicw.org/assistance_programs/cooperative—assistance_programs/docs/exhibit-f-status- report-95-02.docx PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD Oct 1-Dec 20_; Jan-March 20_ ; April-June 20 July-Sept 20 Report Due: (Dec 30) (March 30) (June 30) (Sep 30) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No.95-02 (Effective Date: 7-30-02) Page 835 of 1269 EXHIBIT G ASSISTANCE PROJECT SCHEDULE OCTOBER 2010- Project Agreement Executed, Project Initiates. DECEMBER 30, 2020 First Quarterly Report Due. Use Quarterly Status Report For Exhibit F http://www.aicw.org/assistance-programs/ - MARCH 30 2021- Second Quarterly Report Due. waterwayassistance-programs/index.php JUNE 30, 2021- Third Quarterly Report Due. SEPTEMBER 30, 2021 - Fourth Quarterly Report Due. DECEMBER 30, 2020 Fifth Quarterly Report Due. - MARCH 30 2022 - Sixth Quarterly Report Due. JUNE 30, 2022- Seventh Quarterly Report Due. NOTE:If the project will not be completed and all close out paperwork submitted by September 30th , a request for as -1-year extension o, 't e completion date of the project should be submitted with the./une 2022 quarterly report. SEPTEMBER 1-30, 2022 - Work on Closeout paperwork Closeout paperwork consists of: I. Project Completion Certificate, FIND Forin No. 90-13 (effective date 7-30-02), which certifies that the project was completed in accordance with the project agreement and the final project plans. 2. A final reimbursement request accompanied by all required supporting documentation including bills and canceled payment vouchers for expenditures. 3. Photograph(s) showing the installation of the sign required by Rule 663-2.013, F.A.C. 4. Photograph(s)of the completed project clearly showing the program irnprove meats. (jpg or tif format) 5 a A Final Project Report(1-2 pages)that shall at minimum. include: project name and address,project summary, final cost, and project benefits to the waterway. SEPTEMBER 30, 2022 - End of Grant. All work must be complete closeout paperwork submitted. October 2022- finish processing closeout paperwork, perform project inspection and submit final reimbursement check and coordinates check presentation with sponsor. NOTE'-ANYMODIFICATIONS to the PROJECT shall require advance notice andLrior written ay proval oLthe District. The appropriate turfing for modifications to the project cast estimate, E xhibit A, would be after receipt oJ'bi&. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Section 13 of the project agreement. Page 836 of 1269 EXHIBIT H ttp: avww,aic;y or /studies n infbrm do /bis filesplans I Qc� 1 dca p p r va doc€�ment cerate, rzW Yr FLOR' IDA INLAND NAVIGATION DISTRICT P 6 Page 837 of 1269 Mack, Andrew From: Janet Zimmerman <jzimmerman@aicw.org> Sent: Thursday, September 24, 2020 11:48 AM Subject: FIND Waterway Assistance Program Grant Awards for 2020-2021 Attachments: 2020 WAP awards final budget at $17.5M.pdf At the FIND Final Tax Hearing,the Board approved the recommended funding amounts for the 2020-2021 Assistance Program effective October 1, 2020.This was a very competitive grant cycle with limited funding available. Unfortunately FIND was not able to fulfill all the requests for funding. Out of the original 61 applications received in March,48 projects have been awarded funding through FIND's Assistance Program. Please see the approved list and grant amounts as attached. In the next 2 weeks, FIND will assign a grant project#and send out the grant agreement document to be signed and returned. Please sign and return the agreement as soon as possible. Once the agreement is signed by our Executive Director, an executed copy will be returned to your office and the project may commence. If you do not need original hard copy signatures you may scan and return the full signed agreement with attachments via email. If you have any questions or need additional information please let me know. Sincerely, Janet Zimmerman, Assistant Executive Director Florida Inland Navigation District (FIND) 1314 Marcinski Rd Jupiter, FL 33477 561.627.3386 www.AICW.or Stay safe and healthy! Sincerely, Janet Zimmerman, Assistant Executive Director Florida Inland Navigation District (FIND) 1314 Marcinski Rd Jupiter, FL 33477 561.627.3386 www.AICW.or 1 Page 838 of 1269 LA0 O O O O �t �t �t �t �t �t �t �t �t �t �t �t �t �t �t �t �t �t �t �t �t �t �t m m m m N cO O O O � � � � � � � � � � � � � � � � � m m m m O O � � � � � .F O O O O 1� n n n n O O O O Ln �n �n �n �n �n �n �n N N N N � V m m 00 CO O O Ln � qt qt qt qt Ln Ln Ln Ln l0 c-I c-I c-I l0 C'4 00 m � O) O) � c-I c-I 1, r, O) 00 1, 3 a Lr) Lr) 00 O O O O O Lr) qt N N LA O 00 00 00 O Lr) 00 r1 LA m m LA O) qt r, r, r, c-I -zj- O c-I N N m m 1, N 00 N qt d l0 00 O) 00_ N_ N_ N_ m_ � qt O)_ N m � Lr) , O 00 00 i-_I N_ N 41 N_ N_ ZF ZF L _ Ln L _ L _ L _ 00 00 06' 00 00 cr_ cr_ O _ Q c-I c-I c-I c-I � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ol O O O Ol 0 0 0 0 qt 0 0 0 0 0 0 0 0 0 0 O O O O Ln O O O -1 O m 0 0 0 -1 c UD O O O O 1" O O O O m 0 0 0 Ln O O O O O 1" O O O N O 00 O Ln l0 O rO O O Ln G O O 6666 O O c-1 Ln n ll0 L0 Ln O Ln O Ln r_ O Ln O N0 60 £ Ln O m N m O O O Ln m o0 O � -zi- 1, N qt m N Ln 1, O N N Ln m O O m N c-I c-I m -zt Ln l0 -zt c-I c-I N c-I w -zt r-I q m i-I i-I N N w O m y N � i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� in• in• i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� i/� 0 0 0 0 qt 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 00 m O m 0') 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln O O O -1 O m 0 M O r1 Cfl 0) O O O O n O O O O m 0 0 0 L r 0 0 0 0 0 0 0 1� O O O N O 00 00 l0 O N N o 0 o Ln 0) 0 0 0 0 0 0 0 o —I Ln o o Ln o to Ln o Ln o Ln 1, o Ln N L.ri 00 6 N Ln O m N m O O O Ln m oo O qt qt r, Ln Ln N Ln m N Ln 1, O N N Ln m 1, m N � 0) Ln (,0 i I i I m -1 00 'zl- -�T N m qt m -I -I N N 00 N 0 a 'a ri ri r-i ri 0') co 0) l0 r, to N -I -I m 00 00 1, to � m mm M T-4 m l0 m m N N -I m l0 � m N w w qt Ln l0 Ln N c 1 c 1 00 I� n l0 Ln � m m m M i i w Ln m m N N -I w Ln qt m N I, I, q l73 i 1, Ln Ln Ln Ln Ln qt qt qt qt qt qtqt zi zi 4 4 m m m m m m m N N N N N QJ u > Ln Q c-I Q �O N 0A d a) a) = N a) s V _ s -a UA s s > m 00 c0 N w c Ln c0 U a a Q s i c — E a) s a a d -a U o -a aci a, °U s -a o Co U +, 0 0 U c aA c ( E co a a Q 4N _ O Co c a) * � a .- co a 'c c an — ` c U O a) - c O co a - - O aA 'FA s a) vni c`o ii co vI o U E a a) co UA O s Q a) — R o -a a� a a� a m = a s 4- O Do- �, E m c O E m a; 0 s v +' o a) M c c c c >Q c �o > a o o a) -a m 3 a `^ a `° a c -0 o CO o s s co c6 co c Q- CO 0 Lii Q s * N N 0 c N s 0 d U o -a O c E o w -a c6 co c — s a) E co f6 a) m -a LLO U r 1 c N m co a co c O c CI4Q f�6 yi N d N _ l73 Co s ° N O UA c o c co co c`o v m a o — cso U f6 + c 'c a a a R O s m c Ln cn — cco cco U N c`o co f6 a) s s O O co c > co co •c co O O s c c N O 0 m L O c = N c d a) a) O yr N 06 a- >-(11 a+ U i -a y. i W Oco > co 41 a+ U > d -a N Z i c +-� N a) d i co - 'a >, O 7 +-� N a) F= co w E Y w co 3 = co a O o O a? ro a) s m c = c c N - O a) 0 'a d L73 U O v`- N m Q- c J Ln 0 O O w U d e i a) c CO 'n c O +' i �l ++ i UA 'U a„�, c i c 0) a) a co co i 0 t N :- s a) -"n E c O cU C: co 0 �' o c a°� U � U c—° s -a .� o > o o co o E i o > a cn > o m o cD o o z a > cn Q a Y = z 'm a s c6 U c6 a) U s 4N Co c m � s p c N CU a) c 4+ a� c m a >, � a) U 0 O c(11 oo p c .N O 4, c ++ 4N o to N L/) > O CO co O Ln to = N O c U c 4� cu a c U = m +�� c a w v +� a W o c a 0 a a� E c W W c 'E E o a 'E o Q > o o E s c 0 O co E o O u > o a 41 0 U U co i U U v a a co E u U a > a 0 -a O c° Ln 4; O O O co O ,� O +� O N co cp O s U 41 Ln m U U w a, CO a� o c U Ln a 0 -a a Co > U N o U v- v- v- v- v- m v- 'v s c v- v- v- 4- co v- + > O i v- ° v- v- 0) O s o 0 0 0 O a o +, 0 0 0 0 0 o N s o c a� E E '� o c o E 0 m 41 co co co a U z U u a U Ln n 0 0 n u m 0 a° z° U LL > U U U N M N R' W R' W N N T-4 cn W M cn M i i M L n cn 4, -1 N O 0 M M O O O N O r-I ri c17 N Q) ri Ln a0 O N i i c0 n N N O M O V-4 N N Ln M Ln r M � M r-I r-I c-I r'1 r-I r-I r-I r-I c-I r'1 r-I r-I ri ri ri ri ri ri ri ri iCi � iCi iCi cc-I �C-I �C-I �C-I �C-I .c-I �Ci iCi iCi � � iCi iCi iCi iCi iCi iCi iCi iCi 14 QJ c ` C C C C C G Lb w LL W W LL W w LL LL LL w LL LL w W W W W w LL LL LL W W LL LL LL LL LL LL LL LL Q H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H rn rn rn rn rn rn rn rn rn rn rn rn > Z � -ze Oo 0 0 0 0 tri o r i o 0 of of of of U O to m rn rn to N N O O to m m r-1 r-1 �.D Ln r\ 00 O m �t 00 to �.D m Ln m m �t m m L ° p c-I c-I c-I N N N N m m Ln tD tD tD ° c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I a-, a) O S� c0 m 0 0 0 0 0 0 m O O O O Ln O O O C_ l0 OIzi- N O O O to to r I of O 0Cl O 66V)vii V) Ln Ln 00 Ln O l0 r\ O r\ O � 00 O w O Ln a) u N N N m m r\ r\ N m �t Lr) �t O a) rI L Q L V)- V)- V)- V)- V)- V)- V)- V)- V)- V)- V)- V)- V)- V)- V)- V) a r\ 0 0 0 0 0 0 r\ O 00 0 0 0 0 0 0 0 O Q O CY) m 0 0 0 O O O m 0 �t 0 to to O O O 0 0 m 0 cfl to O O O to O O O O to O rn r 1 0 0 0 0 C? ,^� S7 N 6 O � N � 0 0 gyri gyri O O ori o0 O 66 Q' C7' Of) Cfi' Lr) Lr) 00 Ln m l0 r\ O r\ l0 Lr) N O O O Lr) t,n o o N 4- N N N m m r\ r\ m N �t r-1 Lr) �t m Ln It m, 0 N 0 m r-1 r-1 00 r\ r\ m r-1 r-1 O Lr) r\ -zl- N 00 00 St' O CT) .Zr N m rl rl r\ l0 l0 m r1 r1 O r\ l0 -zl- N r\ r\ d 0 00 ct' c-I c-I c-I O O O O O O O c l c l c l c l 00 00 o6 o6 r'+ U? (� �t m m m m m m m m m m' a r1 Q v� s * — 4- a- 0 — ° Q N a) * 76 a E 3 — s aA m m s — a 4� (n — N '~ Ln m m 06 V — a E .N a) 06 c0 m f6 Cu 72 -C s a > f6 of a) a) of E * L f6 N f6 W Ln N N N N N LU = s co s U ii > c a Q O a) U _ a d d a 0A 4� * C co L E 0 0 cn o a� o?S ai c c`o _ s — cn V Y O 7 N �O d 'a N L 0 vi O a a) Ln O L U N (6 4- a) s Q (6 W Q" Q -0 '41 N o s M s (0....... O O s -a a > f6 _ LLA N N O o f6 L a s ' s E ai a mO o s r1 c°no s ,� L N N J d L +� s +f 6 m to zi V '> 7 0 `—° i coo > U cLo O m — E a an > o O ° o ma `r' 0 a �-, � m � � � m oc N aai U cLo Co a� a N c o L] x u. s cn a) Q- •� a f6 3 -� O s _ a� m a) C_ O = m o co x L a� E co L co co a 9 41 > � � N s L a) � a � L � -a c co Z 0 M �, to " L — a� N co a) � cLo 3 m m � a s w s CL co m a > 41 O c>o 41 L �, m° 0 L L > E c/) x — m a) m E a > C a a z a' a>i > a tao '0 cn t� s � >> a coo m > > a, >> 0 O m ° N a) �p a a) of C: > — 3 O 4L- > L 41 a "W C o c`o C f 6 W cLo °A UO f 6 *L 3 3 W F `' -a 41 � W s am � m O a� 0 L O 4 MC _ E ° ° f 6 cn H m C7 m H z cn O 0 m -i > Z to � s U (1) m U N m aA I a) > +� � o a)a ) a) a) u j >, CO C -a j 4�O N = — — N 0; v E v O > _ `L° E c c e c_° c o t0 c/) O U + Cr O O O O D CL f6 i a) a 3 >� i U U N i s U V V M i > O W m m O Q m O O O v- tu 0) W Z 0 U -0 W w U m a O - - - ; O O = O O O = O O O O M O O 0 O Q }, > > > > > > E L > > > > > > > U.0 m ul .>.F.0 0 0 0 O 00 00 9D -1 N r\ M M Ln N O O N M O ri M r-1 ri r1 m O ri O M ri N N m -* N Ln ri ri ri ri c-I ri c-I , ri ri c-I ri ri ri to r4 to ri ri ri ri r-1 ri r-1 r-I ri ri r-1 ri ri ri r-i r-i ri ri ri c-I ri .-I c-I ri ri W W W W W W w W W W W W W W W w w W W W H H H H H f- H H H H H H f- f- H H H m S N 0 � m ¢ 2 n � > f % � % 3 / # � � £ J 7 / t o @ / (D / \ u \ 2 \ } % k 5 ) o / n E E ƒ 2 ;g f § ¥ u 3 $ % � / \ I : 0 / \ \ § c CL 3 4, § � a � a ii fi i RESOLUTION NO. R20-023 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZE AND DIRECT STAFF TO APPLY FOR A GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT (F.LN.D.) FOR FINANCIAL y ASSISTANCE TO RENOVATE AND IMPROVE THE BOAT RAMPS AT HARVEY E. OYER PARK; AND PROVIDING AN EFFECTIVE DATE I, 1 WHEREAS, the City of Boynton Beach is interested in carrying out the following III described project for the enjoyment of the citizenry of Boynton Beach and the State of Florida: s 1 Project Title: Oyer Boat Club Park Improvements I Total Estimated Cost: $1,200,000.00 1 1 Brief Description of Project: The enhancement of four (4) existing boat ramps and fi 151 associated floating docks and gangways: and 1 WHEREAS, Florida Inland Navigation District financial assistance is required for I the program mentioned above. i k r, 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The above referenced whereas clauses are incorporated herein by ;ti { 22 reference. 31 2 Section 2. The City Commission hereby approves and authorizes the project as " 2 Q described above and the City of Boynton Beach staff is authorized to make application to the 25 Florida Inland Navigation District in the amount of 50% of the actual cost of the project on 2 behalf of the City of Boynton Beach. 4 21, Section 3. The City of Boynton Beach certifies to the following: i I{ 4 S:ACA\RESo\Oyer Boat Club Park(FIND Grant)(V2)-Reso.Docx Page 842 of 1�69 I j � t 231 a. That it will accept the terms and conditions set forth in FIND Rule 6613-2 c 2 F.A.C. and which will be a part of the Project Agreement for any assistance 3) awarded under the attached proposal. 30 b. That it is in complete accord with the attached proposal and that it will carry 3 out the Program in the manner described in the proposal and any plans and � 3 specifications attached thereto unless prior approval for any change has been 1 1 3 received from the District. k 3 c. That it has the ability and intention to finance its share of the cost of the 3 project and that the project will be operated and maintained at the expense r 3 of the City of Boynton Beach for public use. I 3l3 d. That it will not discriminate against any person on the basis of race, color, 3 or national origin in the use of any property or facility acquired or developed 3 4 pursuant to this proposal, and shall comply with the terms and intent of the S r 4Title VI of the Civil Rights Act of 1964,P.L. 88-352 (1964) and design and 4 construct all facilities to comply fully with statutes relating to accessibility 4 by persons with disabilities as well as other federal, state and local laws, 4 rules and requirements. 451 e. That it will maintain adequate financial records on the proposed project to r. 4 substantiate claims for reimbursement. 4 f. That it will make available to FIND if requested, a post-audit of expenses 41 incurred on the project prior to, or in conjunction with, request for the final v 4 10% of the funding agreed to by FIND. Il sn S:ACA\RESO\Oyer Boat Club Park(FIND Grant)(V2)-Reso.Docx Page 843 of 1209 f (I 5_ Section 4. This Resolution shall become effective upon receipt of the City 5 Attorney's office drafted Certificate of Title. 52 PASSED AND ADOPTED this / day of March, 2020. i, 5 5 CITY OF BOYNTON BEACH, FLORIDA i 5 ; i 5 YES NO 5 5 Mayor—Steven B. Grant 5 i 6 Vice Mayor—Justin Katz 6 I V 6 Commissioner—Mack McCray 6 n 64 Commissioner—Christina L. Romelus 4 6 ✓' 65 Commissioner—Ty Penserga I; 6 x 6 VOTE y `0 6 ATTEST: ' 7 71 7 7 t Cr stal Gibson, MMC 7 City Clerk 7 i 7 7 7 (Corporate Seal) 8 J;I �..,yt 'Y J 3 1 S:ACA\RESO\Oyer Boat Club Park(FIND Grant)(V2)-Reso.Doex Page 844 of 12 9 if } r i 1 i FY 2020 WATERWAYS ASSISTANCE PROGRAM APPLICATION PACKAGE � s r Part 2. Attachment E THE FOLLOWING ATTACHMENT E-1 THROUGH E-8 FORMS, IN ADDITION TO THE REQUIREMENTS OF ITEMS 10 THROUGH 13 OF THE APPLICATION CHECKLIST, CONSTITUTE YOUR FORMAL APPLICATION. t is r SUBMIT THE APPLICATION INFORMATION IN THE ORDER LISTED ON THE CHECKLIST. } An electronic copy (pdf) may be emailed to JZimmerman@aicw.org. or a completed hardcopy of the application may be delivered to: FIND, 1314 Marcinski Rd., Jupiter, FL 33477 Application must be received by the deadline, no exceptions. I, I i l Applications must be received by the District by 4:30 pm on March 27,2020. i i; Page 845 of 1269 Q,! ATTACHMENT E - APPLICANT TIPS SHEET (Mistakes Common to the application process and how to avoid them) i Scheduling - The new application is available by January each year, and District funding is available AFTER October 1st of each year. Applicants should plan their schedule to avoid' commonly missed deadlines: Application due - 27th of March; Property control/Technical sufficiency items - 22nd of May, Permits - 15th of September. (Staff suggestion: Begin to secure property control and permits PRIOR to applying for funding.) Property Control Verification - Please have your attorney complete and sign the form in the application verifying applicant property control. In the case of leases or management agreements, please forward a copy to the District well in advance of the deadline to verify consistency with our program rules. (Staff suggestion: Resolve this requirement outside the r application "window".) I 'ti Project Costs Eligibility - Please note the eligible project costs in Rule Section 66B-2.008, r F.A.C. If you are not sure about an item's eligibility, ask! Note: Any ineligible cost, including in-house project management and administration, is also not eligible for an applicant's match. Make sure you have delineated your required minimum cost-share on the project cost estimate. (Staff suggestion: If you have questions about the eligibility of an item, work up a mock cost-sheet and send it to our office well before the deadline.) 4r Cost-Share - Although the applicant must provide a minimum of 50% of the total project costs (25% for eligible public navigation dredging), there is no specific requirement to split each item. (Staff suggestion: You may want to organize project element in a certain manner for easier accounting.) C Pre-Agreement Expenses - Rule 66B-2.005(3), F.A.C. requires any activity in the submitted f project cost estimate occurring PRIOR to October 1st to be considered as pre-agreement expenses. The Board's past philosophy has been to fund only those projects that require District funding assistance to be completed. It is best to avoid pre- agreement expenses if possible. Note, that pre- agreement expenses must be limited to 50% or less of the total project costs, and they are eligible for only 1h of the original District funding. (Example: A project with a total cost of $200,000 is j! Board-approved for one-half construction PRIOR to October 1st. In this case, District funding will be limited as follows: Only 50% of the $100,000 project cost prior to October 1st is eligible as project expenses (i.e. $50,000). Then only '/z of the eligible project expenses ($50,000) are eligible for District funding assistance (i.e. $25,000). �l Submitted Materials & June Presentation -The Board must review and evaluate every application and each year we receive about 90 applications for consideration. The final product for the Commissioner's review is two 8-1/2" x 11" spiral-bound notebooks containing the essential information for the application. NOTE: make sure your final submitted material is the same i material you will be presenting to the Board at our June meeting. This will avoid confusion ' and strengthen your presentation. (Staff suggestion: Limit the submitted materials to the fi requested information, in the required format and make sure it is consistent with your June presentation. Do not submit additional material at the June presentation!) ' ELECTRONIC SUBMISSIONS - Grant applications are being accepted by email or hardcopy. i Grant applications may be submitted via email as a pdf attachment (permits attached separately). Make sure to label your pdf attachment with the applicant and project title. You will receive a confirmation email letting you know your application has been received. Email your completed application to ]Zimmerman@aicw.org Or you may send hardcopy applications to FIND, 1314 Marcinski Rd, Jupiter, EL 33477. Applications must be received by the District by 4:30 pm on March 27,2020. r Page 846 of 1269 )1i j( Q ATTACHMENT E-1. �rJ APPLICATION CHECKLIST 2020 (To be completed by the Applicant) Project Title: Oyer Boat Club Park Improvements - Phase II Applicant: City of Boynton Beach l fq This checklist and the other items listed below in items 1 through 13 constitute your application. �U; The required information shall be submitted in the order listed. s 1 An electronic copy may be emailed to JZimmerman@aicw.org. Application must be received by the deadline, no exceptions. i k All information will be printed on 8 !/z"xll" paper to be included in agenda books bound by staff. I` YES NO 1. District Commissioner Review(prior to March 6th) (NOTE: For District Commissioner initials ONLY!) (District Commissioner must initial the yes line on this checklist for the application to be deemed complete) ( 2. Application Checklist—E-1 (Form No. 90-26, 2 pages) X (Form must be signed and dated) 3. Applicant Info/Project Summary—E-2 (Form No. 90-22, 1 page)(Form must be completed and signed) I 4. Project Information—E-3 (Form No. 90-22a, I page) X % 5. Application and Evaluation Worksheet—E-4(+) (Form X j No.91-25) (One proper sub-attachment included, 7 pages) Must answer questions 1-10. No signatures required 6. Project Cost Estimate—E-5 (Form No. 90-25, 1 page) l (Must be on District form) i 7. Project Timeline—E-6 (Form No. 96-10, 1 page) X � t 8. Official Resolution Form—E-7 (Form No. 90-21, 2 pages) X (Resolution must be in District format and include items 1-6) x i Page 847 of 1269 4 r ATTACHMENT E-1 (Continued) APPLICATION CHECKLIST (To be completed by the Applicant) 1 YES NO t 4 9. Attorney's Certification (Land Ownership)—E-8 X (Must be on or follow format of Form No. 94-26, (Legal descriptions NOT accepted in lieu of form) 10. County/City Location Map X 1 t X 11. Project Boundary Map 12. Clear& Detailed Site Development Plan Map X 13. Copies of all Required Permits: ACOE, DEP, WMD X (Required of development projects only) The undersigned, as applicant, acknowledges that Items 1 through 12 above constitutes a complete application and that this information is due in the District office no later than 4:30 PM, March 27, 2020. By May 22, 2020 my application must be deemed complete (except for permits) or it will be removed from any further consideration by the District. I also acknowledge that the information in Item 13 is due to the District no later than September 15, 2020. If the information in Item 13 is not submitted to the District office by September 15, 2020, 1 am aware that my application will be removed from any further funding consideration by the District. f LIAISON: TITLE: �I E E * SIGNATURE -PROJECT LIAISON ** DATE # FIND OFFICE USE ONLY l Date Received: ,t c Local FIND Commissioner Review: All Required Supporting Documents: S Applicant Eligibility: Project Eligibility: Available Score: Compliance with Rule 6613-2 F.A.C.: i G `r Eligibility of Project Cost: 1 t Form No. 90-26 -New 9/2/92, Revised 07-30-02. , Page 848 of 1269 1 i; ATTACHMENT E-2 i i; WATERWAYS ASSISTANCE PROGRAM FY 2020 j? PROJECT APPLICATION APPLICANT INFORMATION—PROJECT SUMMARY APPLICANIT INFORMATION Applicant:Andrew Mack Department: Director of Development/City Engineer Boynton Beach Project Title:Oyer Boat Club Park Improvements - Phase II Project Director: Title: E �k Project Liaison: Title: (i different rom;0 ect Mailing Address: 100 E. Boynton Beach Blvd I City: Boynton Beach zip Code: 33435 Email Address:macka@bbfl.us Phone#: Project Address: 12010 N Federal Highway Boynton Beach FL 33435 f * ** I hereby certify that the information provided in this application is true and accurate. **** ,t ll SIGNATURE: DATE: l PROJECT NARRATIVE (Please summarize the project in space provided below in 2 paragraphs or �I less. ) The purpose of the proposed project is to improve the boat ramps at Harvey E. Oyer Park which currently contains an existing sheet pile seawall, unconsolidated mangrove shoreline, concrete floating docks, fixed docks with grated decking and four (4) boat ramps. The proposed project includes the reconfiguration and regrading of the existing boat ramps to improve the ability of boaters to utilize the ramps. i a Il i( i i Sti '1 sf' Form No. 90-22, Rule 6613-2,(New 12/17190, Rev.07-30-02, 04-24-06) jy !t Page 849 of 1269 li{ t 1-` ATTACHMENT E-3 - PROJECT INFORMATION 2020 Ij Applicant: CitV of Boynton Beach Project Title:Oyer Boat Club Park Improvements-Phase II Total Project Cost: $ FIND Funding % of Total Cost: 11200,000 Re uested: $ 600,000 1 50 Amount and Source of Applicants $600,000; Matching Funds will be payed for by the applicant, Matching Funds: the City of Boynton Beach. r ii )r X14; 1. Ownership of Project Site(check one): Own: Leased: ❑ Other: 2. If leased or other, please describe lease or terms and conditions: +4 54! j+ y i �t (r 3. Has the District previously provided assistance funding to this project or site? Yes: ❑ No: 4.If yes, please list: 5. What is the current level of public access in terms of the number of boat ramps, boat slips and trailer parking spaces, linear feet of boardwalk(etc.)? (as applicable): There are four (4) existing boat ramps, six (6) existing boat slips, 120 trailer parking spaces, approximately 730 In. ft. of boardwalk, four (4) T-docks, and floating docks with grated decking. i 3 6. How many additional ramps, slips,parking spaces or other access features will be added by this project? None. The four (4) existing boat ramps will be improved. j ! 7. Are fees charged for the use of this project? No ❑ Yes **If yes, please attach additional documentation of fees and how they compare with fees from similar public & private facilities in the area. Please list all Environmental Resource Permits required for thisproject: AGENCY Yes/No/N/A Date Applied For Date Received WMD No s DEP Yes 4 ACOE Yes Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07) Page 850 of 1269 g' �s ATTACHMENT E-4 WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET f DIRECTIONS: All applicants will complete questions 1 through 6, and then based on the _ type of project, complete one and only one subsection (E-4A, B, C, D or E) for questions t 7-10. (� **Please keep your answers brief and do not change the pagination of Attachment E-4** All other sub-attachments that are not applicable to an applicant's project should not be included in the submitted application. {' Project Tale: Oyer Boat Club Park Improvements - Phase II � Applicant: City of Boynton Beach (� �r i 1) PRIORITY LIST: a) Denote the priority list category of this project from Attachment C in the application.(The application may only be of one type based upon the predominant cost of the project elements.) #7 Acquisition, dredging, shoreline stabilization, and development of public boat ramps and b) Explain how the project fits this priority category. The boat ramps were last renovated in 2002. Currently, the boat ramp is too steep and boat trailers scrape the ramp when launching boats, damaging the boat ramps and personal property. This is a safety risk for the public. i (For reviewer only) Max.Available Score for application t 1[ Question 1. Range ofScore (I topoints) �l i 1, Page 851 of 1269 r i rt{ { 2) WATERWAY RELATIONSHIP: j is a) Explain how the project relates to the ICW and the mission of the Navigation District. The boat ramps provide direct access to the ICW and the improvements of the existing boat ramps will allow for the safe ingress and egress of vessels. L 1 i b) What public access or navigational benefit to the ICW or adjoining waterway will result from this project? The existing public access to the boat ramps, floating docks, trailer parking, pavilions, and facilities will be maintained. Safer and easier access to the ICW will result from this proposed project. (For reviewer only) (1-6 points) i IS i 3) PUBLIC USAGE & BENEFITS: a) How is the public usage of this project clearly identified and quantified? Estimate the amount of total public use. Harvey E. Oyer Jr. Park is a public park within Boynton Beach. Public usage is identified and quantified through the trailer parking/boat launching fee on the weekends and city designated holidays or the purchase of a decal. r h I� b) Discuss the regional and local public benefits that will be provided by the project. Can residents from other counties of the District reasonably access and use the project? Explain. 6 The project will provide safe access to the Intracoastal Waterway through improved boat ramps. The park is open to the public, including residents from other counties. t s ii c) Are there any restrictions placed on commercial access or use of this site? No restrictions are placed on commercial access of use of the boat ramps. s, (For reviewer only) (1-8 points) u } 4' 'h Page 852 of 1269 4) TIMELINESS }'r a) Describe current status of the project and present a reasonable and effective timeline for the completion of the project consistent with Attachment E-6. The project is in the permitting design and permitting phase. Construction will begin after all permits are obtained, which is anticipated to be around April 2021. Construction will occur for p p p �r no more than 3 months. b) Briefly explain any unique aspects of this project that could influence the project timeline. No impediments are anticipated that would negatively impact the project timeline. I Ij (For reviewer only) (1-3 points) l 1; iIs 5) COSTS & EFFICIENCY: a) List funding sources and the status and amount of the corresponding funding that will be utilized to complete this project. The City of Boynton Beach will allocate a part of the budget to complete this project. { b) Identify and describe any project costs that may be increased because of the materials utilized or specific site conditions. None at this time are anticipated. G c) Describe any methods to be utilized to increase the cost efficiency of this project. The mangrove shoreline is being preserved to prevent increased costs due to mitigation. The proposed boat ramp is remaining within the same footprint with improvements being made to the slope of the ramp and the location of the floating docks to better utilize the existing space. d) If there are any fees associated with the use of this facility, please detail. In addition, please provide a listing of the fees charged by similar facilities,public and private,in the project area. A trailer parking/boat launching fee is required on weekends and city designated holidays of ,+ $10 per day, or for a year's worth of access to the park, a decal can be purchased for $50. 1! (For reviewer only) (1-6 points) Page 853 of 1269 ,i, IN' 6)PROJECT VIABILITY: �I a) What specific need in the community does this project fill? Is this project referenced or (I, incorporated in an existing maritime management,public assess or comp plan? The proposed project fills the need for an improved boat ramp within the City of Boynton Beach. b) Clearly demonstrate how the project will continue to be maintained and funded after District funding is completed. �<< The boat ramps will be maintained and funded by the City of Boynton Beach I ll c) Will the program result in significant and lasting benefits? Explain. The proposed project will significantly improve the launching facilities, providing safer egress and ingress to the ICW for at least the next 20 years. it �1 d) Please describe any environmental benefits associated with this project. The proposed project will improve the launching facilities which manatees have been known to frequent the area. Thus, providing safer egress and ingress of vessels that can be more I q p 9 9 aware of endangered species in the area through the educational signage posted at the site. i (For reviewer only) (1-7 points) r SUB-TOTAL i FIND FORM NO. 91-25 Rule 6613-2.005(Effective Date:3-21-01,Revised 4-24-06, 1-27-14) 11 y j ,9( }S, t Page 854 of 1269 ii ATTACHMENT E-4A DEVELOPMENT& CONSTRUCTION PROJECTS U WATERWAYS ASSISTANCE PROGRAM E APPLICATION AND EVALUATION WORKSHEET ,y THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OR BEACH RENOURISHMENT PROJECT. f; y 7) PERMITTING: �t a) Have all required environmental permits been applied for? (USACE,DEP and WMD) �2 If permits are NOT required,explain why not. No, the structural plans and details are a work in progress. Once finalized, environmental permits will then be applied for. II i b) If the project is a Phase I project,list the tasks scheduled to obtain the necessary permits and engineering work and provide a general cost estimate for the future Phase II work. I This project is for Phase II funding only. I t c) Detail any significant impediments that may have been identified that would potentially delay the timely issuance of the required permits. No impediments have been identified at this time. { r (For reviewer only) y (1-4 points) rs ,3 ?i Page 855 of 1269 '0 I` 8) PROJECT DESIGN: V� a) Has the design work been completed?If this is a Phase I project,has a preliminary design been (�s developed? t The design work has not been completed and a preliminary design is being prepared. I) ll� b) Are there unique beneficial aspects to the proposed design that enhance public usage or access, �t= minimize environmental impacts,improve water quality or reduce costs? The improved boat ramps will allow for the safe egress and ingress of vessels into the ,r Intracoastal Waterway. f t' Ii (For reviewer only) (1-2 points) j}f 44 9) CONSTRUCTION TECHNIQUES: ��.. a) Briefly explain the construction techniques to be utilized for this project.If a Phase 1,elaborate , on potential techniques. The existing floating docks will be removed, the proposed boat ramp will be poured and finished, concrete floating dock piles will be installed via impact hammer, and floating docks (lj and gangways will be installed. 1 ,I i b) How are the utilized construction techniques appropriate for the project site? �s The techniques are appropriate for the project site as they will occur from a typical construction barge and for approximately 3 months. �s c) Identify any unusual construction techniques that may increase or decrease the costs of the project. r The costs of the project may increase if the existing seawall fails. (I r 1, }` (For reviewer only) S (1-3 points) ,t l � Page 856 of 1269 4 lit`r 10) CONSTRUCTION MATERIALS: i= { a) List the materials to be utilized for this project.What is the design life of the proposed materials compared to other available materials? �s The materials to be utilized are concrete pour, pre-stressed concrete floating docks, concrete pilings, and gangways. 5 i i, b) Identify any unique construction materials that may significantly alter the project costs. It is not anticipated that the selected materials will alter the costs significantly. i{ 1 ti (For reviewer only) (I-3 points) f{ RATING POINT TOTAL 1 I (Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency-related project. The minimum score possible is 10 Tpoints. A score of 35 points or more is required to be considered for funding.) } If Form No.91-25A } Rule 6613-2.005(Effective Date:3-21-01,revised 4-24-06, 1-27-14) i �r t Page 857 of 1269 41 ATTACHMENT E-5 I, FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2020 ' PROJECT COST ESTIMATE (See Rule Section 6613-2.005 & 2.008 for eligibility and funding ratios) Project Title: Oyer Boat Club Park Improvements Applicant: City of Boynton Beach Project Elements Quantity or Total Applicant's Cost FIND Cost � Please list the MAJOR project elements and ( p j Estimated Cost (To the nearest$50) (To the nearest$50) provide general costs for each one. For (Number and/or Footage Phase I Projects,please list the major etc.) " elements and products expected) Construction 1,200,000 600,000 600,000 S:£ 4 `f I; } �S r t s f 7 j} 4 k' r �l � I ti **TOTALS = j ,2007000 X00,000 1600,000 s Form No.90-25(New 10/14/92,Revised 04-24-06) Page 858 of 1269 7 ATTACHMENT E-6 WATERWAYS ASSISTANCE PROGRAM 2020 PROJECT TIMELINE � Project Title: Oyer Boat Club Park Improvements Applicant: City of Boynton Beach The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including, as applicable, completion dates for: permitting, design, bidding, applicant approvals, initiation of construction and completion of construction. NOTE: All funded activities must begin AFTER October 1' a` (or be consistent with Rule 66B-2.005(3) -Pre-agreement expenses) Design - 10/1/2019 Permitting - 3/1/2020 Construction commencement - 4/11/2021 Construction completion - 7/1/2021 i' f i I� r i ;j FIND Form 96-10(effective date 04-15-07) Page 859 of 1269 I� ATTACHMENT E-7 \ee LUTION FOR ASSISTANCE 2020 UORIDA INLAND NAVIGATION DISTRICT RWAYS ASSISTANCE PROGRAM of Boynton Beach . WHEREis interested in carrying out the ame of Agency) Bo nton Beach following descrie enjoyment of the citizenry of Y and the State of o t Club Park Improvements r Project T Total Estimated Cost $ 1 120'000 �F ii Brief Description of Project: The nhancement of four (4) existing boat ramps and assoc ted floating docks and gangways. fs AND, Florida Inland Navigation District ancial assistance is required for the program mentioned above, �ty of Boynton Beach NOW THEREFORE, be it resolved by the (Name of Agency) 4 that the project described above be authorized, City of o nton Beach AND, be it further resolved that said " (N e of Agency) make application to the Florida Inland Navigation District in the ount ofo % of the Cit of Bo`,n n Beach actual cost of the project in behalf of said Y 1 (Name of Agency) AND, be it further resolved by the City of Boynton Beach (Name of Agency) j that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 68-2 I F.A.C. and which will be a part of the Project Agreement for any assistance awarded der } the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry ou the Program in the manner described in the proposal and any plans and specifications attached s thereto unless prior approval for any change has been received from the District. �5 Form No.90-21 (Effective date 12-17-90,Rev. 10-14-92) Page 860 of 1269 3. That it has the ability and intention to finance its share of the cost of the project and that the pro'ect will be operated and maintained at the expense of said I City of ynton Beach for public use. (Na e of Agency) 4. That it ill not discriminate against any person on the basis of race, color or national origin in the use any property or facility acquired or developed pursuant to this sa proposal, and shall comply w h the terms and intent of the Title VI of the Civil Rights Act of 1; 1964, P. L. 88-352 (1964) and d ign and construct all facilities to comply fully with statutes relating to accessibility by persons ith disabilities as well as other federal, state and local I laws, rules and requirements. s�> 5. That it will maintain adequ to financial records on the proposed project to substantiate claims for reimbursement. �& 6. That it will make available to F D if requested, a post-audit of expenses it incurred on the project prior to, or in conjunction 'th, request for the final 10%of the funding agreed to by FIND. i' This is to certify that the foregoing is a true and c ect copy of a resolution duly and legally adopted by the D Ro4nlon keAckat a legal meeting j held on this day of Merr. 20 dO4 { Attest Signature Title T le 5 { (2) l is t Form No.90-21 (Effective date 12-17-90,Rev. 10-14-92) Page 861 of 1269 ATTACHMENT E-8 ATTORNEYS CERTIFICATION OF TITLE 2020 (See Rule 66B-2.006(4) & 2.008(2) FAC) OFFICE OF THE (City or County)ATTORNEY (Address) ' 2020 i TO WHOM IT MAY CONCERN: am the Attorney for the (City or County), Florida. I hereby �h= state that I have examined a co of a deed, lease, management agreement, etc. PY � g �' ) 5„ from to the (City or CounW dated conveying tip (type of interest, ie. Fee simple, easement, 25 year lease, etc.) in the following described property: (Brief Legal Description of Property) ? I have also examined a document showing that this property is listed on the tax rolls as belonging to the (City or County). Finally, I have also examined such documents and records as necessary for this certification. This property is what is now called "(Name.of PrQperty as Referenced in the WAP gmlication)". t I certify that the City or County) does in fact_(own, lease, etc.)this property for years. Very truly yours, 11 ` (Name) (City or County)Attorney zt 'SJ FIND Form No.94-26(effective date 5-25-00) ,1 Page 862 of 1269 { .� .. \ < \ NORTH \ - \ \ \ \ . . % \ \ _ \ \ § \ \ \ \ \ i \ \ \ \ ( { \ � � ( \ } � \ { { ( } - ) ) ( ) ( ( ) ; { � ) � } � i GENS ( «2PALM BEACH COUNTY } \ CITY OF BOYNTON BEACH } SUBJECT SITE \ � � }\\} g . __�Consultants COUNTY/C" awQ2L0c2» MAP mom&w ,� & OYER BOA Date: sr w Gfflp & m®° memo Speciess ^ \^ _ - CITY OF BEACH 71 _£ebpem9.mm/ }§qE INC � %°2©;m,me_m�= eam3g°7SS &O ° 27 5J of ■r �74 l j I t I. }i f i< YID � �4 rr k � 1 l � t }j r, filf't l F i LEGEND: 1:1il Jill ii Q SUBJECT SITE(±8.786 AC) �} PROPERTY BOUNDARY MAP `+ C:C a Vi Z 'Marina & We Consultants OYER BOAT CLUB PARK IMRPOVEMENTS ts} .Marina& Wetland Permitting Data: Sheet: of: 714 East nn�Nanaoed Com-Fff •Mitigation Design&Monitoring PREPARED FOR 2/1712020 Pompano B—h F hide saoso •T&E Species Surveys 1 1 CITY OF BOYNTON BEACH 19-00: t lL 954.782.190B .Phase I ESAs 190047 '{ 9547e2„oB www.thechappellgroup.com p,.y tl THIS DRAWING AND ALL APPURTENANT MATTER CONTAINS INFORMATION PROPRIETARY TO THE CHAPPELL GROUP,INC.AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND MUST NOT BE REPRODUCED.COPIED.LOAr REVEALS V 8 L�STEEDD f9R/n6gSE OTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP,INC. ®THE CHAPPELL GROUP,INC.2020 �G99 eG o /� I 'I L Vh l`./A `t \`t �x The City of Boynton Beach � { City Clerk's Office 3301 Quantum Blvd, Ste 101 Boynton Beach FL 33426 (561) 742-6060 FAX: (561) 742-6090 E-mail: cityclerk@bbfl.us it Www.boynton-beach.org F CERTIFICATION I, CRYSTAL GIBSON, CITY CLERK of the City of Boynton Beach, Florida, do 5� hereby certify that the attached Resolution No. R20-023 is a true and correct copy as its appears in the records of the City of Boynton Beach, Florida. �F WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 20th day of March 2020. f I(1 F 1 )! A91YSTAL GIBSON, MMC t CITY CLERK Y pr e & sa gyF'g I� 4 gm xg V �14 44\14+.a to•.•,,..... t r r S:\CC\WP\Certifications\Resolutions\2020\R20-023.docx `i America's Gateway to the Gulfstream 4 Page 865 of 1269 6.F. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Proposed Resolution No. R20-116-Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Victims of Crime Act grant subject to the approval of the City Attorney. Explanation of Request: The State of Florida, Office of the Attorney General, Bureau of Advocacy and Grants Management, has awarded the police department a Victims of Crime Act (VOCA) grant for the 2020-2021 funding cycle in the amount of$65,498.00. Approval of this award will allow our agency to keep the current VOCA funded victim advocate on staff. How will this affect city programs or services? Victim advocates are professionals trained to support victims of crime. Advocates offer victims information, emotional support, help find resources, and assist victims complete necessary court and administrative paperwork. The advocates also contact organizations, such as criminal justice or social service agencies, to get help or information for victims. Our agency currently has one full time city funded and one VOCA funded victim advocate who are responsible to fulfill the needs of the victims in our community. During FY19 they assisted 1480 victims and another 909 victims were provided services in FY20. The specific services provided ranged from assisting with restraining orders, finding temporary lodging, creating safety plans, and scheduling follow-on victim services. Without the additional advocate, staff would become overwhelmed with the daily operations of the office leaving little time for detailed follow up and proactive work. Fiscal Impact: There is no fiscal impact to the city. The required 20% match is met by the in-kind services provided to the victim advocate program by the Special Victims Unit supervisor. Alternatives: If the grant is not accepted the volume of work would increase creating a backlog for the one remaining Victim Advocate and complaints regarding the quality of services. An increase to the Police Department's operating budget would be required to fund the 2nd position. Strategic Plan: Page 866 of 1269 Strategic Plan Application: N/A Climate Action: Yes Climate Action Discussion: N/A Is this a grant? Yes Grant Amount: $65,498.00 ATTACHMENTS: Type Description D Resolution Resolution accepting the grant award for the Victims of Crime Act Page 867 of 1269 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ACCEPTING THE 5 VICTIMS OF CRIME ACT (VOLA) GRANT IN THE 6 AMOUNT OF $65,498.00 FOR THE FISCAL YEAR 7 2020/21; AUTHORIZING THE CITY MANAGER TO 8 SIGN ALL DOCUMENTS NECESSARY TO ACCEPT 9 THE AWARD; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the City of Boynton Beach Police Department applied for and has 14 been awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney 15 General, Bureau of Advocacy and Grants Management; and 16 WHEREAS,the grant is in the amount of$65,498.00; and 17 WHEREAS, the VOCA grant funds will allow our agency to keep the current 18 VOCA funded victim advocate on staff. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach hereby accepts 26 the Victims of Crime Act(VOCA) Grant from the Office of the Attorney General, Bureau 27 of Advocacy and Grants Management in the amount of $65,498.00 for the fiscal year 28 2020/21 funding cycle 29 Section 3. The City Manager is authorized to sign all documents necessary to 30 accept the Grant award. 31 Section 4. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Accept VOCA Grant(2020)-Reso.Docx Page 868 of 1269 32 33 PASSED AND ADOPTED this day of October, 2020. 34 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice-Mayor—Ty Penserga 41 42 Commissioner—Justin Katz 43 44 Commissioner—Woodrow L. Hay 45 46 Commissioner—Christina L. Romelus 47 48 VOTE 49 ATTEST: 50 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 (Corporate Seal) S:ACA\RESO\Accept VOCA Grant(2020)-Reso.Docx Page 869 of 1269 6.G. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: 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 20, 2020 "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Boynton Beach Agreement for the R18-047 Agreement October 1, 2020 $42,000 Athletic Association maintenance (to with Boynton Beach to September 30, include mowing, Athletic Association 2021 weeding, fertilizing, watering and general repair of the fields) of four ballfields within the fenced area known as Little League Park. Primary: SP Annual Supply of 002-1412-20/MFD December 7, $50,000 Designs Miscellaneous 2020 to Annual Uniforms to Include December 6, Estimate Secondary Global Embroidery and Silk 2021 Trading Screening. How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued Page 870 of 1269 Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum BBAA letter of renewal 9-28-20 D Addendum Global Trading Renewal 10-1-2020 D Addendum SIP Designs Renewal 10-1-2020 D Addendum REQUEST FOR BID EXTENSIONS under $100K Page 871 of 1269 City The D_ Procurement Services 100 East Ocean Avenue P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX.• (561)742-6316 September 8, 2020 Mr. Ron Passino, President Boynton Beach Athletic Association, Inc. 300 W. Woolbright Road Boynton Beach, FL 33435 RE: AGREEMENT FOR THE MAINTENANCE OF THE LITTLE LEAGUE PARK—R18-047 NEW AGREEMENT TERM: OCTOBER 1, 2020 through SEPTEMBER 30, 2021 Dear Mr. Passino. The current extension to the Agreement between the Boynton Beach Athletic Association (BBAA) expires on September 30, 2020. This Agreement may be extended on an annual basis with the same terms, conditions and pricing. The City of Boynton Beach would like to extend this Agreement for the one-year term of October 1, 2020 through September 30, 2021. If you agree, please sign where indicated and return to me at your earliest convenience. Sincerely, CITY OF BOYNTON BEACH BOYNTON BEACH ATHLETIC ASSOC., INC. Lori LaVerriere Ron Passino City Manager President DATE: c: James A. Cherof, City Attorney Crystal Gibson, City Clerk Randy Wood, Purch. Manager RECEIVE® SEP 992020 CITY MANAGER'S OFFICE AinczYca Gate way to the Cruffstz=nz Page 872 of 1269 BID NAME: BID NAME: "ANNUAL SUPPLY MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Contract Renewal Period: DECEMBER 7, 2020 THROUGH DECEMBER 6, 2021 Agreement between the City of Boynton Beach, and Global Trading, Inc. Yes, I agree to extend the existing Bid for the Embroidery and Silk Screening under the same Ten-ns and Conditions for an additional year: December 7, 2020 through December 6, 2021 No, I do not wish to renew the agreement. GLOBAL TRADING, INC `"�� SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) DATE I (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 873 of 1269 The City .Boynton Beach FTNTA VCE/PR0CZ'REAfEATT sEI:rrlC I:s 100 E. BO Y NTOV BEA CH BO TLE VA-RD P.O. BOX 310 130 YF VBEA J1, FLORIDA 33425-0310 TELEPHO.VEVO: (561) 742-6310 FAT: (561) 742-6316 October 1, 2020 SP Designs and Mfg., Inc. 1215 SE 10th St Cape Coral, FL. 33990 BID NAME: "ANNUAL SUPPLY MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" BID 9 002-1412-20/MFD Dear Sonya Reinbach The above referenced bid will expire 12-6-20. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautam o,bbfl.us. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautamgbbfl.us. Thank you. Sincerely, I- nft-9.4", Mara Frederiksen Director of Financial Services cc: Michael Dauta–Manager of Materials and Distribution Central File AMEPRICA's GATF.TVAYTO THE GULISTREAAI Page 874 of 1269 BID NAME: BID NAME: "ANNUAL SUPPLY MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Contract Renewal Period: DECEMBER 7, 2020 THROUGH DECEMBER 6, 2021 Agreement between the City of Boynton Beach, and SP Designs and Mfg. Yes, I agree to extend the existing Bid for the Embroidery and Silk Screening under the same Terms and Conditions for an additional year: December 7, 2020 through December 6, 2021 No, I do not wish to renew the agreement. SP DESIGNS AND MFG SIG URE NAME OF REPRESENTATIVE TITLE (please print) ,20 DAT (AREA CODE) TELEPHONE NUMBER AMERICA'S GATEM'AYTo THE GUL-VSTREADt Page 875 of 1269 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS UNDER $100,000 OCTOBER 20, 2020 REQUESTING DEPARTMENT.-Recreation DEPARTMENT CONTACT:Kacy Young TERM: October 1, 2020 to September 30, 2021 SOURCE FOR PURCHASE:R18-047 Agreement with Boynton Beach Athletic Association ACCOUNT NUMBER: 001-2730-572-49-17 VENDOR(S):Boynton Beach Athletic Association ANNUAL ESTIMATED EXPENDITURE:$42,000 DESCRIPTION: The City of Boynton Beach and the Boynton Beach Athletic Association entered into an agreement for the maintenance (to include mowing, weeding, fertilizing, watering and general repair of the fields) of four ballfields within the fenced area known as Little League Park. The BBAA has agreed to renew the agreement for another one year term. REQUESTING DEPARTMENT.-MATERIALS AND DISTRIBUTION DEPARTMENT CONTACT:MICHAEL DAUTA TERM: December 7, 2020 to December 6, 2021 SOURCE FOR PURCHASE: 002-1412-20IMFD ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): SP Designs, Global Trading ANNUAL ESTIMATED EXPENDITURE:$50,000 DESCRIPTION: On 1213/19, City Commission approved the Annual Supply of Miscellaneous Uniforms to Include Embroidery and Silk Screening. The Contract allows for two (2) additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the one-year renewal option thru December 6, 2021. Palge;' '8716a 9 6.H. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve donation of$3,206.66 from the State Forfeiture Funds to Scholar Career Coaching, Inc. Explanation of Request: BBPD remains committed to positively influencing juveniles within the community through financial assistance, mentorship opportunities, or employment programs, all of which this donation helps to fund. Scholar Career Coaching, Inc donation will be utilized to support college and career readiness program for Boynton Beach High School students. This donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. How will this affect city programs or services? This donation will have a positive impact in mentoring students and helping them to prepare for their future post high school. The Boynton Beach Police Department remains committed to building public trust and partnerships in the community and this donation will aide in our endeavor to provide resources to the community through crime prevention, youth mentoring and public private partnerships. Scholar Career Coaching, Inc has been a true leader within the community and will always be viewed as an asset to the Boynton Beach Police Department. Fiscal Impact: Non-budgeted This donation should be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is: $193,777.52. Alternatives: Not Approving. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Page 877 of 1269 ATTACHMENTS: Type Description D Addendum Scholar Career Coaching, Inc Donation Memo Page 878 of 1269 BEACHBOYNTOK . „� CNl Pt7Ll Cr TO: Lori LaVerriere FROM: Michael Gregory City Manager Chief of Police REF: Scholar Career Coaching,Inc DATE: 10/7/20 Florida statute 932.7055 (5)(a) mandates the following regarding state forfeiture funds: If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education, prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. Requesting Commission approval to make a $3,206.66 donation to the Scholar Career Coaching, Inc. from the Law Enforcement Trust Fund. Scholar Career Coaching, Inc serves the youth in our community and will be utilizing the donation to support our college and career readiness program, specifically for Boynton Beach High School students. The Boynton Beach Police Department is committed to community involvement, youth empowerment programs and public private partnerships that share the same vision. This donation will have a positive impact in mentoring students and helping them to prepare for their future post high school. The Boynton Beach Police Department remains committed to building public trust and partnerships in the community and this donation will aide in our endeavor to provide resources to the community through crime prevention, youth mentoring and public private partnerships. Scholar Career Coaching, Inc has been a true leader within the community and will always be viewed as an asset to the Boynton Beach Police Department. This donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. This donation should be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is: $193,777.52. This is a one-time donation expense. Professionalism- Respect - Integrity -Dedication Excellence www.bbpd.org Page 879 of 1269 6.1. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve donation of$4,000 from the State Forfeiture Funds to Gulf Stream Council - Boy Scouts of America. Explanation of Request: The Boynton Beach Police Department(BBPD) has a longstanding community partnership with Boy Scouts of America (BSA) which serves the youth in our community. This annual donation helps fund the local Police Explorer chapter, which BSA oversees, to introduce teens to a future career in law enforcement. BBPD remains committed to positively influencing juveniles within the community through financial assistance, mentorship opportunities, or employment programs, all of which this donation helps to fund. This donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. How will this affect city programs or services? This program is instrumental in our pipeline of developing and recruiting youth in our community to serve as BBPD personnel. It is a key link in our efforts to ensure that the future population of the BBPD is more reflective of the community we serve as it allows us to draw talent directly from this population. Fiscal Impact: Non-budgeted This donation should be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund - State). The current account balance is: $193,777.52. Alternatives: Not Approving. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Page 880 of 1269 ATTACHMENTS: Type Description D Addendum Gulf Stream Council ® Boys Scout Donation Memo Page 881 of 1269 BEACHBOYNTOK . „� CNl Pt7Ll Cr TO: Lori LaVerriere FROM: Michael Gregory City Manager Chief of Police REF: Gulfstream Council DATE: 10/7/20 Boys Scouts of America Florida statute 932.7055 (5)(a) mandates the following regarding state forfeiture funds: If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education, prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. Requesting Commission approval to make a $4,000 donation to the Boy Scouts of America (BSA)from the Law Enforcement Trust Fund. BSA helps to fund the local Police Explorer Chapter and oversees the program. They serve the youth in our community by introducing teens to a future career in law enforcement. Boynton Beach Police Department is committed to community involvement, youth empowerment programs and public private partnerships that share the same vision. This donation will aide in our endeavor to provide resources to the community through crime prevention,youth mentoring and public private partnerships. BSA has been a true leader within the community and will always be viewed as a asset to the Boynton Beach Police Department. This donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. This donation should be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is: $193,777.52. This is a one-time donation expense. Professionalism- Respect - Integrity -Dedication Excellence www.bbpd.org Page 882 of 1269 6.J. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve donation of$3,206.66 from the State Forfeiture Funds to Connect to Greatness, I nc. Explanation of Request: BBPD remains committed to positively influencing juveniles within the community through financial assistance, mentorship opportunities, or employment programs, all of which this donation helps to fund. Connect to Greatness, Inc. exposes alternative and promising programming options to young African-American males to discover their greatness and set new expectations for themselves and their future. This donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. How will this affect city programs or services? This donation will have a positive impact in helping Connect to Greatness achieve its goal of enriching the lives of adolescent males in our community. The organization provides hands on experiences on career interest to high school students to help foster their development into future leaders. The Boynton Beach Police Department remains committed to building public trust and partnerships in the community. Connect to Greatness, Inc. has been a true leader within the community and will always be viewed as an asset to the Boynton Beach Police Department. Fiscal Impact: Non-budgeted This donation should be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is: $193,777.52. Alternatives: Not Approving. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Page 883 of 1269 ATTACHMENTS: Type Description D Addendum Connect to Greatness Donation Memo Page 884 of 1269 BEACHBOYNTOK . „� CNl Pt7Ll Cr TO: Lori LaVerriere FROM: Michael Gregory City Manager Chief of Police REF: Connect to Greatness,Inc. DATE: 10/7/20 Florida statute 932.7055 (5)(a) mandates the following regarding state forfeiture funds: If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education, prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. Requesting Commission approval to make a $3,206.66 donation to the Connect to Greatness, Inc. from the Law Enforcement Trust Fund. The Boynton Beach Police Department is committed to community involvement, youth empowerment programs and public private partnerships that share the same vision. The Connect to Greatness, Inc. organization intends to continue to expose alternative and promising programming options to young African-American males to discover their greatness and set new expectations for themselves and their future This donation will have a positive impact in helping Connect to Greatness achieve its goal of enriching the lives of adolescent males in our community. The organization provides hands on experiences on career interest to high school students to help foster their development into future leaders. The Boynton Beach Police Department remains committed to building public trust and partnerships in the community. Connect to Greatness, Inc. has been a true leader within the community and will always be viewed as an asset to the Boynton Beach Police Department. This donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. This donation should be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is: $193,777.52. This is a one-time donation expense. Professionalism- Respect - Integrity -Dedication Excellence www.bbpd.org Page 885 of 1269 6.K. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve donation of$3,206.66 from the State Forfeiture Funds to Bill Tome Foundation for Kids& Families. Explanation of Request: The Boynton Beach Police Department(BBPD) has a longstanding community partnership with Bill Tome Foundation for Kids & Families. The Bill Tome Foundation for Kids & Families, Inc. keeps children involved in organized activities through athletic programming combined with mentoring and positive role modeling to help them steer clear of the criminal justice system. Additionally, the foundation also offers financial assistance for back to school clothing and supplies, enrichment and extracurricular activities and summer camps. BBPD remains committed to positively influencing juveniles within the community through financial assistance, mentorship opportunities, or employment programs, all of which this donation helps to fund. This donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. How will this affect city programs or services? This donation will have a positive impact, as the Boynton Beach Police Department remains committed to building public trust and partnerships in the community. This donation will aide in our endeavor to provide resources to the community through crime prevention, youth mentoring and public private partnerships. Bill Tome has been a true leader within the community and will always be viewed as an asset to the Boynton Beach Police Department. Fiscal Impact: Non-budgeted This donation should be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund - State). The current account balance is: $193,777.52. This is a one-time donation expense. Alternatives: Not approving. Strategic Plan: Strategic Plan Application: Climate Action: No Page 886 of 1269 Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Bill Tome Foundation for Kids and Families Memo Page 887 of 1269 BEACHBOYNTOW . „� CNl Pt7Ll Cr TO: Lori LaVerriere FROM: Michael Gregory City Manager Chief of Police REF: Bill Tome Foundation for Kids and DATE: 10/7/2020 Families Florida statute 932.7055 (5)(a) mandates the following regarding state forfeiture funds: If the seizing agency is a county or municipal agency, the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education, prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. Requesting Commission approval to make a$3,206.66 donation to the Bill Tome Foundation for Kids and Families, Inc. from the Law Enforcement Trust Fund. The Bill Tome Foundation intends to continue the work of Bill Tome by reigniting some of the athletic tournaments, creating a "Back to School Clothing” program and hosting a Family Fun Day as an example. These programs have a mentoring component and all are intended to offer opportunities to the City's youth and to continue a crime prevention mentality. Additionally, this donation will aid in the development of trust between the community and in our local police officers. The Boynton Beach Police Department is committed to community involvement, youth empowerment programs and public private partnerships that share the same vision. Bill Tome has been a true leader within the community and will always be viewed as a asset to the Boynton Beach Police Department. This donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. This donation should be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is: $193,777.52. This is a one-time donation expense. Professionalism- Respect - Integrity -Dedication Excellence www.bbpd.org Page 888 of 1269 6.L. CONSENTAGENDA 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve minutes from the City Commission meetings on September 22 and September 30, 2020. Explanation of Request: The City Commission met on September 22 and September 30, 2020 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: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes Minutes 0 -22-2020 D Minutes Minutes 09-30-2020 Page 889 of 1269 Minutes of the Boynton Beach City Commission Special Meeting Held Online Via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, September 22, 2020, at 5:30 P.M. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. Agenda Items A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. John McNally, Director ITS, read a statement explaining how the meeting would proceed and how the public could participate. Invocation Mayor Grant gave the invocation in honor of Rosh Hashanah, the Jewish New Year. Pledge of Allegiance to the Flag led by Commissioner Justin Katz Commissioner Katz led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Katz requested to add a discussion about virtual meetings versus in- person City Commission meetings as Item F. Page 890 of 1269 Special Meeting Minutes City Commission Boynton Beach, Florida September 22, 2020 2. Adoption Motion Commissioner Romelus moved to approve the agenda as amended. Vice Mayor Penserga seconded the motion. The motion unanimously passed. B. Conduct Second Public Budget Hearing for FY 2020/2021 Final Millage and Annual Operating Budget Mayor Grant wanted the City Commission to discuss the budget first, and then have discussion. Mara Frederiksen, Finance Director, gave a presentation and explained the purpose of the meeting is to discuss and adopt the final millage rate. The millage rate of 7.9 Mills for 20/21 was unchanged from 19/20. The General Fund budget was $99.2M and the total budget was $226.3M. All funding sources are $226.3M. She reviewed the separate components of the budget as contained in the slide. A breakdown of the fund reflected the General Fund was $99.2M; the Enterprise Fund was $65M; the Internal Service Fund was $16.4M; the Special Revenue Fund was $4.3 million; the Capital Projects including the General, CIP, Parks and Recreation Trust and General Government and Utility funds were $30.2M. The Debt Service was $10.2 million. The proposed tax with the rollback was 7.9 Mills. The roll back rate was 7.4911 Mills. If using the 7.4911 Mills, the deficit budget difference would be $2,115,000. Staff proposed to maintain the same millage rate of 7.9 Mills. The tax experience is 5.46% per the TRIM calculations. There were no questions on the budget from the City Commission. Mayor Grant inquired about the Reserves for the last five years and asked how revenue was affected when the City changed the fee for Harvey Oyer Park. Ms. Frederiksen responded they have not adjusted the revenue for that change. Commissioner Romelus asked how the City will handle the $1.2M shortfall. Ms. LaVerriere explained they will use $900K of undesignated fund balance to fill the $1.2M gap. One new position in the budget was removed, which was cyber security in ITS at $100K. The FPL revenue was up about $150K which made up the difference. The Appropriation of fund balance in this budget was $931,263. Commissioner Romelus asked about Reserves and the 10% reserve requirement. The estimated fund balance is $16.5M at the end of this year. Based on 10% requirement they will have to leave $9.9 million in reserve. The difference between the$9.9M and the$16.5M is the undesignated, savings account, reserves. Vice Mayor Penserga asked how long the Reserve fund would last in terms of monthly operations if there was a crisis and learned it would cover the City for three months. He 2 Page 891 of 1269 Special Meeting Minutes City Commission Boynton Beach, Florida September 22, 2020 asked if a three-month operating reserve fund was the intended goal and if the City met that goal. Ms. LaVerriere responded she would prefer to see six months, but the amount of monies to be placed in the reserve fund is a policy decision. The City Commission wanted 10%, but it could be changed. Each year the Commission sets a budget, and they always come in under it. The budget is an estimate of what they will need. Ms. LaVerriere asked Ms. Frederiksen how the City was doing, comparatively, with other cities and learned the City is reasonably healthy. The Utilities Department has six months in their fund balance and she would like to see the City have six months as well. Ms. LaVerriere explained prior to the recession, the City had $26 million in its reserved balance during the recession which saved them and now they are building it back up. Commissioner Hay concurred and would like to see a six-month reserve balance, especially when they are looking at climate change and other changes. He supported thinking ahead and being proactive if a catastrophe occurred. He favored starting the additional savings with the next budget. Chair Grant disagreed because the City's funding is not the same as most businesses. December through April they receive ad valorem taxes. If no one pays the taxes, a tax certificate is issued and the City gets paid in May. He wanted to invest in the City. He recalled when fire and police needed extra funds for pensions and to be competitive, the City paid. He noted the City has not lowered the millage rate. He wanted the residents to understand the Commission is aware its citizens are paying the City's burden. Delray Beach goes out 10,000th of a decimal for the millage. He would like the City go out further and after this year, they plan to go to 7.899 instead of 7.9. It would increase property values and let residents and businesses know they are using the residents' money wisely. The last time it was below 7.9 mills was six years ago. Mayor Grant pointed out the City saved $1.5M building Town Square and that property values have been increasing. Vice Mayor Penserga thought the question was timing, and now was the time to lower the rate. Next year, he would support aggressively lowering the rate. Commissioner Katz thought marginally lowering the millage would only result in a very slight difference and it might look patronizing to the citizens as they are claiming they are lowering taxes without lowering them to a noticeable degree. He supports meaningful tax cuts, but not right now. He was comfortable with the proposed millage rate. Commissioner Hay agreed. He thought it was good the City was able to keep the millage rate steady and noted they city could move funds around as needed. Mayor Grant opened public comment. Darryl Sanders, 2001 NW 2nd Street, was aware last year, there were no funds for City holidays and events, and commented his foundation has formed a Juneteenth Day Committee. He inquired how much was in the budget for such activities and who he should contact. Ms. LaVerriere explained the City funds about $25K for MILK, Jr. Day. They did not increase the budget for the event and they are funded for the parade. But they only fund those three events. She thought they could take $5K from the MILK, Jr. 3 Page 892 of 1269 Special Meeting Minutes City Commission Boynton Beach, Florida September 22, 2020 Budget for Juneteenth Day. Mayor Grant explained Eleanor Krusell will get with the MILK Committee, and pointed out one thing they did not have for MILK Day was profit vendors or sponsors. He thought working with a non-profit would make it easier than the City running the show for the Juneteenth event. There were no further comments. Proposed Resolution No. R20-106 - Adopt the Final Millage Rate for the General Fund for Fiscal Year 2020-2021. Motion Commissioner Hay moved to approve the millage rate at 7.9. Commissioner Katz seconded the motion. The motion passed 4-1. (Mayor Grant dissenting.) City Attorney Cherof read Resolution No. R20-106 by title only. Motion Commissioner Katz moved to approve Resolution No. R20-106. Commissioner Hay seconded the motion. The motion passed 4-1. (Mayor Grant dissenting.) Proposed Resolution No. R20-107-Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2020-2021. City Attorney Cherof read proposed Resolution No. R20-107 by title only. Mayor Grant announced he was excited the City has Dog Day at the beach. He, the Sustainability Coordinator, and others planted 200 plants for the dune systems at the beach. Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. B. Proposed Resolution No. R20-108 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2020-2021. City Attorney Cherof read proposed Resolution No. R20-108 by title only. Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 4 Page 893 of 1269 Special Meeting Minutes City Commission Boynton Beach, Florida September 22, 2020 C. Proposed Resolution No. R20-109 - Resolution ratifying the Quantum Park Overlay Dependent District annual budget for FY 2020-2021. City Attorney Cherof read proposed Resolution No. R20-109 by title only. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. D. Proposed Resolution No. R20-110 - Approve the Parking Division fee schedule associated with the installation of automated parking technology which includes parking rates, permits, valet, violations, and penalties. City Attorney Cherof read proposed Resolution No. R20-110 by title only. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Commissioner Katz wanted to ensure there were no speakers before the vote. Mr. McNally advised there were no comments posted or speakers in the queue. Vice Mayor Penserga wanted to reiterate his comments about the Boat Ramp fees, and agreed users should pay the fees, but objected to the timing. He did not understand the rush to make that change, which he would not support. Commissioner Katz asked when would the ramp was scheduled for repairs or maintenance and learned it was scheduled for this year. City staff completed the design and in next year's Capital Improvements fund they will spend $1.7 million. It will be completed within the next fiscal year. Andrew Mack explained they have not been awarded the Florida Inland Navigation District grant, but have the funds in the CIP. Commissioner Katz asked, if it moved forward in the next fiscal year, how much of a disruption it would be between when the work started and was completed. Mr. Mack explained if awarded the grant, they would go out to bid in the first quarter and then start work in the second or third quarter. The City can phase the project so there will be some disruption of the ramp, but it will be open during construction. He thought it could be closed down one or two days. They would try to avoid weekends. Commissioner Katz noted the current rate is $200 for Florida residents and the prior rate was $50. He thought because there might be disruptions, pass holders may not get the full value. He supported $100 for this year and increase the fees when the project is finished. 5 Page 894 of 1269 Special Meeting Minutes City Commission Boynton Beach, Florida September 22, 2020 Mayor Grant noted the fee was specifically for boaters. He thought if$200 was too much, boaters use an a la carte method. It was pointed out there have been issues with people abusing the boat ramp. He supported keeping it at $200 and if they need to lower it, they could. Commissioner Hay wanted Mr. Mack's opinion that if they reduced the fees from $200 to $100, they would still move forward with the schedule they have. Mr. Mack explained the funds for the project were surtax dollars and grant funds. The revenue would not delay the project. Colin Groff, Assistant City Manager, explained there are two reasons why they are charging for parking. When charging a premium, it is an incentive to leave when finished. With free parking, people leave their vehicles there for longer periods of time. The second reason is the fee helps recover operating costs. The impact on the $350 to the $200 was between $30K to $40K a year. For every $50 reduction, the impact was about $15K. Adam Birdwell submitted a question. He understood residents need to pay for their fair share for use of the ramps. He asked about charter boats for hire that use the ramp, but cannot pick up paying customers at the ramp. If the City enforces and fines those users accordingly, or requires a license, it may be a way to raise revenue without hurting residents. Mr. Mack was unaware about a prohibition using a ramp without a Business Tax Receipt (BTR), but there are very few car spaces. If they can use the ramps, they would be a paying customer and they would pay the hourly rate using the trailer space parking. Mr. Groff explained there are seven or eight car spaces that the City decided would be free. Anyone who is a State of Florida resident can buy the pass, including commercial boaters. One could pay a la carte, or buy a pass. Mayor Grant asked what would occur when the 10 free spaces are filled. Mr. Groff explained if they park in a trailer spot, they are charged. The City does not have any regulations if people park in a trailer spot; if they park there, they pay the parking fee. Mayor Grant asked what would occur if two cars park in one trailer parking spot. Mr. Mack explained if they are in metered parking, they have to pay the meter. it would be a case-by-case situation. He also offered they have received numerous calls when they reduced the rate from $350 to $200 as the callers thought it was more reasonable. Motion Commissioner Katz moved to amend to $100. Motion died for lack of a second. Motion Commissioner Hay moved to approve the Resolution to set the fee at $200. Commissioner Romelus seconded the motion. The motion passed 3-2, (Vice Mayor Penserga and Commissioner Katz dissenting.) Item F. Discussion of virtual meetings versus in-person meetings. 6 Page 895 of 1269 Special Meeting Minutes City Commission Boynton Beach, Florida September 22, 2020 Commissioner Katz did not see a need to rush to have in-person meetings. Attorney Cherof explained the Governor's most recent order allowing virtual meetings will expire September 30. There is insufficient time for the City to take up a city ordinance under a Declaration of Local Emergency. The ordinance already had the first reading, but the second reading was tabled. The procedure is to adopt an emergency ordinance that would extend the ability to meet virtually beyond September 30th. It would require a special meeting which the Commission could schedule. City Attorney Cherof explained he prepared an emergency ordinance that explains in the Whereas clauses all the reasons for extending the provisions further. The ordinance is not open ended, but they do not know what will happen. The emergency ordinance vehicle allows for one ordinance reading with notice to the public. It does not require two ordinance readings. The Commission can cancel the special meeting at any time. Mayor Grant asked if the Governor does not extend his order if it was okay if they plan for a meeting next week and learned it was. It was handled the same way as declaring an emergency for a tropical storm that will develop into a hurricane impacting the City in the future. The Commission was within its legal rights of the City under State Statute, and they can cancel a special meeting at any time. Mayor Grant requested they schedule a meeting on Tuesday 29th at 5:30 p.m. to discuss at a virtual meeting an emergency ordinance. Motion Commissioner Romelus so moved to meet on the 29th. Vice Mayor Penserga seconded the motion. Commissioner Katz noted he has a conflict and supports the ordinance. Mayor Grant explained what he did not like about the current virtual ordinance is the City Commission is not required to put their face on video chat if they have the capability to do so. He noted the City has those resources and he wished it would be in the Ordinance. Motion Commissioner Katz offered a substitute meeting on Monday the 28th at 5 p.m. Mayor Grant noted it was Yom Kippur. Commissioner Katz asked to have a special meeting on Wednesday the 30th at 5 p.m., but it was noted that was the date of the deadline. Mayor Grant withdrew his motion for the 29th and accepted the substitute motion to meet on the 30th at 5 p.m. City Attorney Cherof explained the Governor's Order will expire at midnight on the 30th. If the City Commission meets earlier in the day, they are fine. Vice Mayor Penserga seconded the motion. The motion unanimously passed. City Attorney Cherof commented he included provisions for hybrid meetings in the Ordinance. Mayor Grant announced he was excited to be in Chambers next month. 2. Adjourn 7 Page 896 of 1269 Special Meeting Minutes City Commission Boynton Beach, Florida September 22, 2020 Motion There being no further business to discuss, Commissioner Hay moved to adjourn. Vice Mayor Penserga seconded the motion. The meeting was adjourned at 6:24 p.m. Mr. McNally read a statement explaining how the public could access the video meeting. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner— Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Catherine Cherry Minutes Specialist 8 Page 897 of 1269 Minutes of the Boynton Beach City Commission Special Meeting Held Online Held Online Via the GoToWebinar Platform Boynton Beach, Florida On Wednesday, September 30, 2020, at 5:00 P.M. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. Agenda Items A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:02 p.m. John McNally, ITS Director, provided an introduction and information regarding how the public could participate in the online meeting. Invocation Commissioner Romelus gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Woodrow L. Hay Commissioner Hay led the members in the Pledge of Allegiance. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions, deletions or corrections to the agenda. 2. Adoption Page 898 of 1269 Special Meeting Boynton Beach City Commission Boynton Beach, FL September 30, 2020 Motion Commissioner Katz moved to approve the agenda. Commissioner Hay seconded the motion. The motion unanimously passed. B. Proposed Emergency Ordinance No. 20-033 —Adoption of Emergency Ordinance allowing for virtual city commission meetings by communication media technology. Jim Cherof, City Attorney, read Proposed Emergency Ordinance No. 20-033 by title only. Motion Commissioner Hay moved to approve Emergency Ordinance No. 20-033. Vice Mayor Penserga seconded the motion. Mayor Grant asked if the ordinance requires the City Commission to appear by video, if able. City Attorney Cherof replied that the ordinance allows the City Commission to appear by communication media technology and does not contain a requirement for a live image of the Commissioner to be broadcast at that time. There was no further discussion and no comments from the public. Vote The motion unanimously passed. 2. Adjourn Motion Commissioner Hay moved to adjourn. Commissioner Romelus seconded the motion. The motion unanimously passed. The meeting was adjourned at 5:08 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant 2 Page 899 of 1269 Special Meeting Boynton Beach City Commission Boynton Beach, FL September 30, 2020 Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner— Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk 3 Page 900 of 1269 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 20, 2020 "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM IRON CONTAINER, Metal Containers and BID No. 035-2510- October 17, $150,000 LLC Roll-Offs 18/IT 2020 to Annual October 16, Estimate 2021 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 901 of 1269 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum City of Boynton each Renewal Accepted 2020 D Addendum REQUEST FOR BID EXTENSIONS over 100K 10-20-2020 Page 902 of 1269 The City o .Boynton each Finance/Procurement Services ¢ P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone Na: (561)742-6310 n. FAX: (561)742-6316 September 17, 2020 BID: METAL CONTAINERS AND ROLL-OFFS BID No: 035-2510-18/IT Agreement between the City of Boynton Beach and IRON CONTAINER, LLC: AGREEMENT RENEWAL TERM: OCTOBER 17, 2020 THROUGH OCTOBER 16, 2021 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) IRON CONTAINER, LLC NAME OF COMPANY 01GATURE ___ ULA NAME OF REPRESENTATIVE TITLE (please print) 3C5 7% - )-1 '5C) DATE (AREA CODE)TELEPHONE NUMBER A, Lh0rles t�a�n can�+I CTM M IL America's Gateway to the Gulf Stream Page 903 of 1269 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 OCTOBER 20, 2020 REQUESTING DEPARTMENT. PW/SOLID WASTE DEPARTMENT CONTACT:Davidson Monestime TERM: October 17, 2020 to October 16, 2021 SOURCE FOR PURCHASE: BID No. 035-2510-1811T ACCOUNT NUMBER:431-2515-534-52-74 VENDOR(S):IRON CONTAINER, LLC ANNUAL ESTIMATED EXPENDITURE: $150,000 DESCRIPTION: On October 16, 2018, City Commission awarded the bid for"Metal Containers and Roll-Offs"to Iron Container, LLC of Miami, Florida. The initial contract term was for two years. The bid may be extended for three additional one-year terms with the same terms, conditions and pricing. Iron Container has agreed to extend the bid for an additional one-year term. 9,704 Uf 9 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve award of the "Co-Operative Bid to Furnish, Deliver and Discharge of Bulk Quicklime"; Bid No. 20-21B by the Southeast Florida Governmental Purchasing to Lhoist North America of Alabama, LLC as the lowest, responsive and responsible bidder meeting all specifications. The estimated annual expenditure is $550,000.00. This product will be ordered on an "As Needed" basis. Explanation of Request: CONTRACT TERM: November 1, 2020 to October 31, 2023 The City of Tamarac served as lead agency on Bid 20-21B, "Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing CO-op and twenty-one agencies will utilize this bid to purchase approximately 65,170 tons of quicklime annually, of which the City of Boynton Beach will use 1685 tons. The City utilizes quicklime in the Water Treatment Plant. The marketplace for quicklime in South Florida is volatile and because of that, the bid agreement provides that prices may be adjusted on a quarterly basis each October 1 st, J anuary 1 st, April 1 st and J my 1 st if the vendor is able to provide substantive documentation to support the request for increase. The initial Quicklime is used at the East Water Treatment Plant to adjust the pH of the raw water in preparing for further treatment, and to remove water hardness that creates scaling in the pipelines. Agreement term is for three (3) years with up to three (3) additional one-year renewals based on satisfactory performance. How will this affect city programs or services? The absence of quicklime may result in the scaling of pipelines and increased water hardness. The Purchasing Co-op bid will provide the best quality quicklime at the most economical price. The City of Boynton Beach will see a savings of approximately $25/ton for quicklime as part of the SE Florida Purchasing Co-op. Fiscal Impact: Budgeted Budgeted in account number: 401-2811-536-52-35 Fiscal Year 2020 expenditure for quicklime: $471,500 Fiscal Year 2019 expenditure for quicklime: $513,403 Alternatives: Not approve award and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action: Page 905 of 1269 Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Co-op Survey Quicklime- 2020 Bid Solicitation 7162020 D Addendum Quicklime-contract-award-for-co-op- Nov. 1, 2020 Page 906 of 1269 TAMARACPurchasing and eracts Division The City For Your Life To: ALL CO-OP MEMBERS From: Keith K. Glatz, CPPO Re: Quicklime Date: July 16,2020 Dear Co-Op Member: The City of Tamarac is currently reviewing the annual needs of the Co-op for Quicklime, since all contractors have requested adjustments to their base pricing, we are planning to issue a new bid. This is an opportunity for new agencies who have never used this Agreement to begin participating. Because of the requirement to provide pricing for each agency, WE WILL NOT BE ABLE TO ADD NEW AGENCIES TO THIS CONTRACT ONCE THE BIDS HAVE BEEN OPENED!!!! YOU MUST RESPOND TO THIS SURVEY NOW!!! The new bid will be issued for the period of November 1, 2020 through October 31, 2023. Please indicate below whether-or- not your agency would like to participate in the contract, and please provide your estimated annual quantities, your current delivery location(s), and contact information. We have provided information from our latest contract renewal. If there are no changes to your quantities and your delivery information, you may state"no change". Please respond no later than July 29, 2020. Please let us know ifyou have any questions. Please forward your survey via e-mail to keith.glatz&tamarac.org,by fax to(954)597-3565, or to the address shown below. Please return this survey NO LATER THAN JUIV 29, 2020. xYes,we want to participate in the new annual Co-op Quicklime Agreement. ❑ We do not wish to participate in the Co-op Quicklime Agreement. ANNUAL TONNAGE DELIVERY LOCATIONS CONTACT PERSON CONTACT TELEPHONE (Please indicate if multiple NUMBER &E-mail locations Type 1, Pebble Lime: Type 1A, Rice Lime*: 124 East Woolbright Rd David Roland 561-742-6434, 1,685 tons Boynton Beach, FL 33435 RolandD@bbfl.us Type 2, High Cal Granular: *Note: Rice Lime has the same chemical content as pebble lime, but is a smaller sieve size. Signature: Print Name&Title: Randy Wood, Purchasing Manager Agency Name: City of Boynton Beach, 124 East Woolbright Rd Boynton Beach, FL 33435 <�'�iA/A r2 i.. I r I 1 t s:l. Ls s��\� { (91'_/1) 1_)97` 3570 I r � i� i) ,197 ,35(35 0low, l ) 4 ' TAMARAC The City Fw,Your Life Ca ez lainarac Purchasil!,g and Contracts Division __.................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................. ESTIMATED CO-OP QUICKLIME USAGE Tonnage TYPE 1 —Pebble Lime Broward County Dist. 1, 3701 N State Road 7, Lauderdale Lakes, FL 33319 4,200 Broward County Dist.2, 1390 NE 51st Street, Pompano Beach, FL 33064 6,300 City of Coral Springs, 3800 NW 85th Avenue, Coral Springs, FL 1,352 Town of Davie, 3500 NW 76th Avenue, Davie, FL 750 City of Deerfield Beach—West Plant, 290 Goolsby Blvd. —West Plant, 1872 Deerfield Beach, FL City of Fort Lauderdale, 949 NW 38th Street, Oakland Park, FL 33309 11,500 City of Hallandale,215 NW 6th Avenue, Hallandale, FL (2) 900 City of Lauderhill, 2001 NW 49th Avenue, Lauderhill, FL 1,825 City Of Miramar, 2600 SW 66th Terrace, Miramar, FL 953 City of North Miami, 12098 NW 11 th Ave, North Miami, FL 1,440 Village of Palm Springs, 360 David Road, Palm Springs, FL 600 Village of Palm Springs, 5618 Basil Drive,West Palm Beach, FL 600 City of Pompano Beach, 301 NE 12th Street, Pompano Beach, FL 2,200 City of Sunrise—Spring Tree Plant,4350 Springtree Drive, Sunrise, FL 2,400 City of Sunrise --Sludge Mill Road, 15400 Sludge Mill Road, Davie, FL 600 U.S.Water—City of North Lauderdale,841 NW 71St Avenue, North Lauderdale, FL 650 Village of Wellington, 1100 Wellington Trace, Wellington, FL 33414 1,240 Type 1A—Foundry Rice Lime City of Dania Beach, 1201 Stirling Road, Dania Beach, FL 33004 320 City of Delray Beach,201 SW 7th St., Delray Beach, FL 3,650 City of Hollywood, 3441 Hollywood Blvd., Hollywood, FL 2,400 City of Margate, 980 NW 66th Ave, Margate, FL 2,000 City of North Miami Beach, 19150 NW 8th Ave., Miami Gardens, FL(3) 3,000 City of Pembroke Pines, 7960 Johnson Street, Pembroke Pines, FL 4,500 City of Tamarac, 7803 NW 61 st Street,Tamarac, FL 33321 1,500 TOTAL Type 1 &1A 56,752 TYPE 2—High Cal Granular Lime City of Hollywood, Wastewater, 1621 N. 14th Ave., Hollywood, FL 33022(4) 5,500 Village of Wellington, 11860 Pierson Rd.,Wellington, FL 20 TOTAL 5,520 Delivery Location Special Conditions: (1) Coral Springs—Must deliver between 8:OOAM and 4:OOPM Monday to Friday ONLY. (2) Hallandale Beach—Delivery to be made by a tanker truck Ca),25 Tons/shipment. Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. Page 908 of 1269 TAMARAC The City Fw,Your Life Ca ez lainarac Purchash!,g and('onfracls Division .................................................................................................................................................................................................................................................................................................................................................................._............................................................................................. Page 909 of 1269 +�r Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to (piper@myboca.us for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. 20-21 B Description/Title: Furnish, Deliver and Discharge of Quicklime Initial Contract Term: Start Date: November 1, 2020 End Date: October 31, 2023 Renewal Terms of the Contract: 3 Renewal Options for 1 Year (No.of Renewals) (Period of Time) Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: SECTION#1 VENDOR AWARD Vendor Name: Lhoist North America of Alabama, LLC Vendor Address: 5600 Clearfork Main Street, Suite 300, Fort Worth, TX 76109 Contact: Dale James, Florida Sales Manager or Elizabeth Hart. FL Sales Coordinator Phone: (800)695-5657(Orders) &(877)644-9010 Fax: (863) 644-9030 Cell/Pager: (314) 614-4950 Email Address: dale.james@Ihoist.com/elizabeth.hart@lhoist.com Website: http://www.lhoist.com FEIN: 63-1002780 VENDOR AWARD Vendor Name: Carmeuse Lime and Stone, Inc. (City of Hollywood Hi Cal Granular Lime Only) Vendor Address: 11 Stanwlx St., 21 st Floor, Pittsburgh, PA 15222 Contact: Inside Sales Phone: (866) 780-0974 Fax: Cell/Pager: Email Address: salesinquiries@carmeuse.com Website: http://www.carmeuse.com FEIN: 25-1254420 Page 910 of 1269 PAGE 2OF2 VENDOR AWARD Vendor Name: N/A Vendor Address: Contact: Phone: Fax: Cell/Pager: Email Address: Website: FEIN: VENDOR AWARD Vendor Name: N/A Vendor Address: Contact: Phone: Fax: Cell/Pager: Email Address: Website: FEIN: VENDOR AWARD Vendor Name: N/A Vendor Address: Contact: Phone: Fax: Cell/Pager: Email Address: Website: FEIN: SECTION#2 AWARD/BACKGROUND INFORMATION Award Date: September 23,2020 Resolution/Agenda Item No.: R-2020-095 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION#3 LEAD AGENCY Agency Name: City of Tamarac Agency Address: 7525 NW 88th Avenue, Room 108 Agency Contact: Keith K. Glatz, CPPO Email keith.glatz@tamarac.org Telephone: (954) 597-3567 Fax: (954) 597-3565 Page 911 of 1269 City of Tamarac Interoffice Memorandum Financial Services Department PURCHASING DIVISION To: Michael C. Cernech, City Manager From: Keith K. Glatz, Purchasing & Contracts Manager Thru: Christine J. Cajuste, Interim Director of Financial Services Date: September 8, 2020 Re: Temp Reso #13501 —Award of Agreement— Bid #20-21B, "Furnish, Deliver and Discharge of Quicklime" Recommendation: The Director of Public Services and Purchasing and Contracts Manager recommend placement of the above referenced item on the consent agenda of the September 23, 2020 Commission meeting, authorizing the award of an Agreement for an initial three (3) year term effective November 1, 2020 through October 31, 2023, with up to three (3) one year renewal options, authorizing a quarterly material adjustment for Quicklime purchased from Lhoist North America of Alabama, LLC, (Lhoist) for the City of Tamarac, and twenty-three (23) additional member agencies of the Southwest Florida Governmental Purchasing Cooperative (Co-op); and Carmeuse Lime and Stone Inc. for high calcium granular quicklime on behalf of one entity in the Co-op. Issue: The existing agreement with Lhoist for the City and the SE Florida Governmental Purchasing Co- op; as well as an existing agreement with Carmeuse Lime and Stone is set to expire on October 31, 2020. New bid #20-21 B was recently solicited, and an award needs to be approved so that the City will have a vendor to furnish, deliver and discharge quicklime at the City's Water Treatment Plant. Background: The City utilizes quicklime in the Public Services Water Treatment Plant. The current agreement with Lhoist will expire on October 31, 2020, and due to some requested industry-wide market structural changes, we were unable to exercise any of the original contract renewal options. Price adjustments under this agreement utilize several market indices, including several U. S. Government indices, such as those issued by the Bureau of Labor Statistics, as well as several industry-accepted privately published indices. As a result of market conditions, the existing formula models were not accounting for actual labor costs incurred by all of the firms in the Quicklime market, but our contract language did not provide the necessary flexibility to account for the modification of the pricing model. Regarding the model factors that were adjusted, the change with the greatest impact was the adjustment of the labor index used which was factoring only actual labor wages, and did not to include a factor for fringe benefits. This omission has created significant stress on the contractors, especially after benefit costs began to significantly Page 912 of 1269 escalate a few years ago. There was alsoa change to the reporting location for diesel fuel from West Texas to the Gulf Coast, since pricing in that region has tended to be more stable. Finally, Lhoist was able to leverage a reduction in transportation costs through the use of privately-owned rail cards rather than contracting with a public rail line. The new Agreement provides language that will allow the City to review and modify model changes in the future. Accordingly, bid #20-21 B was solicited by formal advertisement in the Sun Sentinel, publication on the City's web-site via Bids and Tenders, as well as on DemandStar.com. There were three (3) planholders that downloaded the bid, however, only two bids were submitted from Lhoist and Carmeuse Lime and Stone. The bid response submitted by Lhoist provided the lowest pricing for all but one item on the bid. As a result, it is being recommended that the bid from Lhoist be awarded, and an Agreement executed on behalf of the City of Tamarac and on behalf of an additional twenty-three (23) participating governmental agencies Co-op. The bid response from Carmeuse Lime and Stone Inc. provided the lowest pricing for high calcium granular lime used by the City of Hollywood Wastewater treatment plant. The cost savings for the City of Hollywood by awarding one item to Carmeuse Lime and Stone will be approximately $500,000 annually, justifying the split award. The initial term of the Agreement will be for three (3) years, beginning on November 1, 2020, with up to three (3) additional one (1) year renewals that may be exercised based on satisfactory performance. Section 5 of the Agreement provides that prices may be adjusted on a quarterly basis each October 1st, January 1st, April 1st and July 1st if the vendor is able to provide substantive documentation to support the request for increase. The Agreement utilizes a contract adjustment model providing for pricing adjustments on a quarterly basis subject to verification of actual cost changes for labor, raw materials (lime) production materials (coal) and fuel pricing. As mentioned earlier, the model utilized previously has been modified to account for industry-wide changes; however, it should be noted that the contract is structured in such a manner that we may see reductions in certain quarters, which has been our experience in the past, which often occurs due to reductions caused by de-escalating fuel and raw materials costs. Staff and other agencies in the Co-op feel that our ability to maintain better control of costs has been significantly enhanced through the institution of the current model. The pricing bid by both Lhoist and Carmeuse Lime and Stone reflects an approximate increase of 11% for Lhoist and 4% for Carmeuse. As in past years, the marketplace for Quicklime in South Florida is still very volatile. While production capacities have increased, and fuel costs for both production and transportation have been generally lower, our quicklime suppliers have been forced to purchase some of their raw materials from further away, which has increased their overall raw materials and transportation costs. The use of the quarterly model for price adjustments has actually resulted in a great deal of price stability for the City and other Co-op Lhoist Lime users, as our current price of $252.69 per delivered ton is very attractive by comparison to recent current pricing being charged by Lhoist in this area as shown in Chart 1 below for entities that require Lhoist to provide stable annual pricing. The reason for the disparity between our pricing and the pricing charged to other entities is that Lhoist and other suppliers must factor in a higher level of contract risk in order to maintain firm pricing. Additionally, pricing can actually decrease as well for both the material and delivery cost, as demonstrated in Chart 2 shown below. Page 913 of 1269 Chart 1 -- Current Delivered Per Ton Pricing For Surrounding Entities: Palm Beach County Utilities $392.24 Cities of Boynton Beach, Lake Worth Beach & Riviera Beach: $309.34 City of Naples $301.13 City of Tamarac— SE FL Co-op (as of July 1, 2020) $252.69 City of Tamarac— SE FL Co-op (effective Nov. 1, 2020) $284.80 Chart 2 — City Quicklime Pricing: October 2019 — September 2020 Date Material Cost/Ton Trans/Surcharges" Total Cost/Ton October 1, 2019: $162.71 $105.11 $267.82 January 1, 2020: $161.49 $107.55 $269.04 April 1, 2020: $161.21 $106.83 $268.04 July 1, 2020: $147.26 $105.43 $252.69 *The Cities of Boynton Beach, Lake Worth Beach and Riviera Beach have joined the SE Florida Govt. Purchasing Co-op Agreement for the first time with this Agreement. Each of the entities will be paying $284.80 per ton; and will not renew their existing agreement at$309.34 per ton which will represent a significant savings as a result. "Transportation charges are additionally adjusted based on a prescribed fuel surcharge formula for every $.05 increase or decrease in the price of fuel. Fuel charges have generally been under$4.00 for each quarter. Accordingly, it is recommended that an award be made, and agreements executed with Lhoist for the City of Tamarac, and on behalf of twenty-three (23) additional entities in the Co-op; and with Carmeuse Lime & Stone, Inc., for high calcium granular quicklime for the City of Hollywood for a period of three (3) years. Fiscal Impact: Based on our estimated use of approximately 1500 tons of quicklime, we anticipate that the cost of lime will likely show see a slight increase of an additional 1%-- 5% based on the fact that the new model represents a one-time increase of 11% and will only be subject to actual market changes during the agreement, which we do not project to significantly increase over the initial three (3) year contract period. Accordingly, we anticipate that our total expenditures for quicklime for FY21 will be approximately $427,200, considering incremental changes throughout the year. It should be noted, however, that any unanticipated change in fuel, raw material market prices or water usage patterns may significantly impact our cost and quantity assumptions. Cc: Jack Strain Earl Henry Anthony Licata Page 914 of 1269 Temp Reso #13501 Mage 1 September 3, 2020 CITY OF TAMARAC, FLORIDA CO RESOLUMON NO. R-2020- 095J Z ni C> ; MC/) z E D r `) o A RESOLUTION OF THE CITY COMMISSION OF = a THE CITY OF TAMARAC, FLORIDA, AUTHORIZING T D o - Fj THE APPROPRIATE CITY OFFICIALS TO AWARD s D o T O n z = BID # 20-21 B, "FURNISH, DEUVER AND X o = o � DISCHARGE OF QUICKLIME" TO, AND EXECUTE -n s, AGREEMENTS WITH, LHOIST NORTH AMERICA OF ALABAMA, LLC FOR THE CITY OF TAMARAC AND AN ADDITIONAL TWENTY-THREE MEMBERS m m c OF THE SOUTHEAST FLORIDA GOVERNMENTAL r-- z \'m PURCHASING COOPERATIVE(CO-OP); AND WITH i' -1 CARMEUSE LIME AND STONE ON BEHALF OF = v ONE CO-OP [MEMBER, THE CITY OF o HOLLYWOOD, FOR A PERIOD OF THREE (3) M YEARS WITH THREE (3) ADDITIONAL. ONE-YEAR RENEWAL OPTIONS, PROVIDING' FOR GONFUCTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Tamarac served as "lead _agency" on Bid 20-21 B, "Fumish, Deliver and Discharge of Quiddirr e" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative (Co-op); and WHEREAS, Twenty-one governmental agency, inducting the City of Tamarac will utilize this bid to purchase approximately 65,170 tons annually, of quicklime for the Co-op, of which approximately 1,500 tons will be purchased for the City of Tamarac, a copy of said bid is on file with the City Clerk; and WHEREAS, the City of Tamarac publicly advertised Bid 20-21B, "Furnish, Deliver and Discharge of Quicklime" on the City's web-site and in the Sun- Sentinel on August 16, 2020; and Page 915 of 1269 Temp Reso#13501 Page 2 September 3, 2020 WHEREAS, three (3) vendors downloaded the bid from the City's web- site; and two (2) complete bids were opened and reviewed to determine cost and responsiveness to the City's specifications; and WHEREAS, Lhoist North America of Alabama, LLC submitted the lowest delivered bid price per ton for the City, and prices as shown on the bid tabulation for other members of the Go-0p, a copy of the bid tabulation is attached hereto as Exhibit"1'; and 5 WHEREAS, Lhoest North America of Alabama, LLC was deemed the lowest responsive and responsible bidder for the City of Tamarac, and for twenty-three (23) rnerrAers of the Co-op, with a copy of the bid submitted o� file with the City Gleik arW WHEREAS, Cam*mm Line and Stone was deerned the lowest responsive and responsible bidder for high calcium granular quicidune for the City of HoRywood, a ffiember of the Co-op, with a copy of the bid submirtted on file with the City Glen and WHEREAS, the City of Tamarac, acting as lead agency for the Co-op ads on behalf of the Co-op when awarding contracts for quk*Ji ne; and WHEREAS, pursuant to Section 5 of the executed Agreements, Lhoist North America of Alabama, LLC, and Carnwwse Lime & Stone, Inc. may seek a price adjustment on a quarterly basis based on actual costs or in accordance with one or more recognized indices; and WHEREAS, current dynamic economic conditions dictate that the best interests of the City and the Go-op will be met by the utilization of an ongoing Page 916 of 1269 Temp Reso #13501 Page 3 September 3, 2020 quarterly material price adjustment formula, which allows for escalation and de- escalation of material pricing on a quarterly basis, effective October 1St, January 1St, April 1St and July 1st of each year; and WHEREAS, sufficient funds are available from the Public Services Department Operating funds; and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that Bid 20-21 B be awarded to and an agreement executed with Lhoist North America of Alabama, LLC for furnishing, delivering and discharging quicklime, for a period of three years with three (3) additional one (1) year renewal options for the City of Tamarac, and on behalf of twenty (20) other agencies in the Co-op; and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that Bid 2G-21B be awarded to and an agreement executed with Carmeuse Lime and Stone for furnishing, delivering and discharging high calcium granular quicklime, for a period of three (3) years with three (3) additional one (1) year renewal options for the City of Hollywood, an agency in the Co-op; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to award Bid 20- 21 B and execute an agreement with Lhoist North America of Alabama, LLC for furnishing, delivering and discharging quicklime, for a period of three (3) years with three (3) additional one (1) year renewal options, on behalf of the City of Page 917 of 1269 Temp Reso #13501 Page 4 September 3, 2020 Tamarac and on behalf of an additional Twenty (20) agencies in the Southeast Florida Governmental Purchasing Cooperative, and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to award Bid 20- 21B 0-21B and execute an agreement with Carmeuse Lime and Stone for furnishing, delivering and discharging high calcium granular quicklime, for a period of three (3) years with three (3) additional one (1) year renewal options, for the Gity of Hollywood, an agency in the Co-op. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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 and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The award of Bid 20-21 B, "Furnish, Deliver and Discharge of Quicklime", to Lhoist North America of Alabama, LLC, on behaff of the City of Tamarac and twenty-three (23) agencies in the Southeast Florida Governmental Purchasing Cooperative, is HEREBY AUTHORIZED. SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Lhoist North America of Alabama, LLC as part of said Page 918 of 1269 Temp Reso #13501 Page 5 September 3, 2020 award, a copy of which is attached hereto as Exhibit "2n for prices as shown in Exhibit "1" on behalf of the City of Tamarac and twenty-three (23) entities within the Southeast Florida Governmental Purchasing Cooperative. SECTION 4: The award of Bid 20-212B, "Furnish, Deliver and Discharge of Quicklime", to Carmeuse Lime and Stone, for the provision of high calcium granular lime for the City of Hollywood, an agency in the Co-op, is HEREBY AUTHORIZED. SECTION 5: The appropriate City officials are hereby authorized to execute an agreement with Carmeuse Lime and Stone as part of said award for high calcium quicldime, a copy of which is attached hereto as Exhibit 7' for prices as shown in Exhibit "1" on behalf of the City of Hollywood, an agency in the Go-op. r SECTION 6: The City Manager, or his designee, is hereby authorized to approve and execute any subsequent renewal options to this Agreement, and to inflate Change Orders in amounts not to exceed $65,000 per Section 6-147 of the Gity Code. SECTION 7: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 8: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Page 919 of 1269 Temp Reso #13501 Page 6 September 3, 2020 SECTION 9: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this %;v` day of: - `r 2020. MICR LLE J. GOM MAYOR ATTEST: -JtNNIFER JOHWON, CMC CITY CLERK I HEREBY CERTIFY that I Have approved this RESOLUTION as to form. RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: VMI BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN YF DIST 4: COMM. PLACKO SAMUEL S. GOR-EN CITY ATTORN ' Y Page 920 of 1269 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 io 0 0 0 0 0 0 0 0 0 0 0 0 't c1 O O N O c; c; c; c; c; c; c; c; N 0 0 't 0 00 CY) 0 r14 r14 iD r-4 r-4 00 00 io io 0 0 lo 0 00 lo 01r14 m Lr) r, -A Lr) 00 00 Lr) F- N I-z Lr1 ze 01 N Lr1 & 01 01 Lr1 r� 6 6 & > -A 00 00 00 CY) 0 r, Lr) 't -A 00 r14 r, r, r14 k.0 r, r14 M r14 V)- 't r14 r14 -A Lr) -A m -A -A k.0 -A V)- E m M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -0 00 00 00 m m 00 m oq oq oq m m m m m m a) 0 - w u 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 u ? *r r14 r14 r14 r14 r14 r14 r14 r14 r14 r14 r14 N N N N N.0 0. LU 0') 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (D ui0 0 0 0 0 0 0 0 0 N oq oq oq oq oq oq oq r1i rlj rlj rlj rlj rlj rq 0 0 0 0 0 0 0 0 0 000 00 00 00 00 00 00 oq oq oq oq oq oq oq oq oq 4-- Ln 0 ru < -Ln V)- V)- V*). V*). V*). V)- r14 N rlj N N rq rq rq rq 0 M z w 00 00 00 00 00 00 00 00 00 L4. v -V'J- -V'J- -V'J- t4 t4 -V'J- -V'J- -V'J- -V'J- N 0 0') mo o o o o o o 0 0 0 0 0 0 0 0 0 W0 0 0 0 0 0 0 0 ON ON 0 ui 0 0 0 0 0 0 0 u N N N N r14 N N N N rlj F2 0 0 0 C) 0 -v)- > 0 F- F— a) -- -- -- -- -- -- -- -- -- -- E co co co co co co co co co co on on on on on on L- N a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL. a) G1 a) O > E =w co co co co co co co co co on on on on co co co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :3 = (D ui N co co co co co co co co co M LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ui O. Z W C) 0 co co co co co tic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 < uj� 0 0 r-4 0 0 Ln Ln 0 M Lo Ln Ln -1 0 Ln 0 00 0 0 CA q Ln Ln 0 N N Ln Ln 00 z Ln m 0 m 't 1-1 a) Ln 00 (.0 1-1 (.0 k.0 N Ln CA Z 0 > U (3j L- LLI LLI cu -1 00 r- OLO (3) CY) v) CE E (3) u .0 00 -1 0 :3 -0 (D > 0: Lr) OLO -0 = E > 01 0 L/) 31 r- 2! �: .- (11 — LU coCCU (3) "0 0 co =i �: �: (3) �: (31 z > (10 n- co LL, r- :3 L/) M o -:3 o 00 cu CO I (D 2! Z u �: to 2! M 00 0 u -0 C) 0 0 C (3) C CY) 0 (3) �: (3) (3) >- CU (::) 0 cu CY) 0 0 (3) 0 cu 0 0 -1 0 -1 (3) 0 0 -1 (3) a) C) (3) I- 0 m 00 Lr) > r-4 0 CY) 4-; m 0 --1 't > N S (Lo �: M cr -1 M M < -1 Cr r-4 I cy) LL E m 3 rNi loo < -1 1 m Ln .0 co 00 m CE (31 >. >. p = 0 C C 01 .01E E 75- :3 :3 > (3) CL 0 0 u u 'E (3) (3) w u z Se cu :3 (3) E LL. LLI 0 cu (3) -�u (ii U 0 (u (3) (u 0 0 0 Vr M M LL _0 2 J m -j Z -0 Z 0 0 N CL 0C (3) (3) t)LO m -1 m r,4 0 -C -C 0 (3) -C -C 0 0 0 0 o (3) o t)LO t10 0 0 u 0 u u (3) C14 —luj => => Ln u co u co 6 Ln 11 Im 1-1 1-1 1-1'D Nm C, MN C',u u m u u u I I I m :t I Ln �o Il- 0 0 0 0 0 0 0 0 0 0 0 m 0000 00 N 00 O O 0 0 � O 00 U01 01 M cr lD I� k.0O m N O O 00 vo 0r0 a) 'trI J N c-I c-I E a 00 00 00 N N N N O N 'i 00 000 000 000 000 000 000 000 t� u N O O O U YC iui D 000 000 000 000 000 000 000 N oq o o N N N O Q co co co co co co co 4-- 00 00 00 00 z = O t4 t/� T W lJ' t/� t/� t4 t4 t/� t4 t4 N O O O O J 0= O O O O O O O O O O W O O O O O O O N N N 1 N p CLI N N N N N N N O O O L1. W DL O O O O O O O N N N U �, N N N N N N N a 0 � U on on on E m m m m m m m O O O L. N a O O O O O O O z Z Z 0 G z z zLL. Z Z Z Z N p I o0 o0 00 w •> .a m m m m m m m O O O O O O O O O O O z z z J 0 Z Z Z Z Z Z Z N N 2 l7 m m m •- W a m m m m m m m O O O Y U Zmza Zza Zza a•�UpN�_� LL ZOa ZOa ZOa ZOa ZOa ZOa ZO LJ . Zui Om m m m m m m m m O O O 0 0 0 0 0 0 0a tic z z z z z z z aW 00 0 0 0 0 0 0 V M (D � m N oN 0m � Lr) 0 Z � a v O = ' Y u v O +� fC a ° }; O O Q t O +� v v ao cu en > an u N O O t + � C.O N 4! C .= i w w +� C U 2i 2i 00 O ° m t m r, = E E (� N M CL :3 Ui mv �_ �u 0 O ^ m = _ a z �_ _ - a z F- O v 0 _0 O u •� 0 a w o = "' r, z �O � 06 0 � M v Lr) '" vri o o `�° O N ° o o v 't ? 00 f° m > m 00 M -1 oc � f- � m N � m m m -4 Q C7 r a ° V) _ � v (S3 >. UO c c p Z > m E E O O O Ll W0 v O O v v m N N O l7 m 0 2 Z m d H v u a O O CA _ O u O u O O O E O N O u u > o N u m u m u u u u a u 0 � 00 m C stl �n N N m � in �o I r O O 0 0 Ln O c4 `-i �O a N 12 C � n 000 M U N I� J C rNi ;"I: Ch r-i l0 N -V)-' l0 f0 a ri E m i/} f0 oho a m 0 N u d 00 4j)- ai vt 0') O aN uw m N 00 = G l7 GG 0 � f�C z _ rH O U `n' N 0 J 0')o Q J w o N O V Wz O (6 N = U Q N a F2 to N ii i v vi m ami ami ~ � m w w on Eri ri ri O i' ai a z 0 = <n <n LL O N v m ++ al O1 0 w >� m 0 E = a N O cy J Z N a) ui 2 0ow a O 2 -1 O Y U LL U Z U_ •� O uj O N z 0 +r 0 O °r,' (� m N a Ur O z �tic Y .c a ON U _ O Ui Ln H z � O a `" Q Y E _ LLI r-4 u o i v m > 3 Q 0 z DO v 0 -1 > p m 0o W > z m n E _ V1 O 'E O v 0 z LL. LLJ _ o M a o U W v u m o N u o 4 C Ul 4 ao Ln I�, Ln TAMARAC TR 13501 -- Exhibit 2 The City For Your Life City of Tamarac Purchasing incl Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND LHOIST NORTH AMERICA OF ALABAMA, LLC THIS AGREEMENT is made and entered into this day of S , 201tD by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Lhoist North America of Alabama, LLC an Alabama Limited Liability corporation duly registered as a Florida Foreign Limited Liability corporation with principal offices located at 5600 Clearfork Main Street, Suite 300, Fort Worth, Texas 76109 (the "Contractor") to Furnish, Deliver and Discharge of Quicklime for the City of Tamarac and participating member of the Southeast Florida Governmental Purchasing Cooperative. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. The Contract Documents The contract documents consist of this Agreement, Bid Document No. 20-21B, "Furnish, Deliver and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement; and Attachment A, which is a schedule of delivered pricing for individual delivery locations. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 20-21 B, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 20-21 B, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2. The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical Specifications, terms and conditions contained in Bid Document 20-21B, "Furnish, Deliver and Discharge Quicklime". 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 1 Page 924 of 1269 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 2.1.4 Contractor shall be required to provide a copy of the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 20-21B), with photo identification of all personnel authorized to be on premises at City delivery sites. 2.1.5 Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. 2.1.6 All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems, equipment and/or operations, to any non-City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3. Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured; and shall list the City as the Certificate Holder. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Insurance limits are outlined below: o General Liability-$1 M per occ./$21VI aggregate o Automobile—$1 M per occ./$1 M aggregate o Workers Comp—Statutory 3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2 of this Agreement to any other organization in the Southeast Florida Governmental Purchasing Cooperative, and shall provide those agencies with their own Certificate of Insurance to validate coverage for their entity. 4. Term The term of this Agreement shall be for an initial three (3) year period, beginning November 1, 2020 through October 31, 2023. The City reserves the right to renew this Agreement for three (3) additional one (1) years periods subject to the Contractor's acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. 2 Page 925 of 1269 MARAC The City For Your Life City of Tamarac Purchasing aril Contracts Division 5. Contract Sum The Contract Sum for the above work for entities listed in Attachment A (UNIT PRICING PROVIDED IN BID) herein, shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 20-21B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Attachment A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, Pricing shown in Attachment A, shall be firm for the initial contract period from November 1, 2020 through December 31, 2020, Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De- escalation" shown herein beginning on January 1, 2021. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the initial contract period from November 1, 2020 through December 31, 2020. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De- escalation"shown herein beginning on January 1, 2021. 5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. 5.2.2 Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail carrier. Contractor shall provide documentation regarding the rail carrier's pricing as a part of the request for an adjustment to the rail surcharge. No surcharge will be applied on top of another one. The Bidder should provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in Attachment B herein. 5.2.3 Trucking Surcharge -The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Attachment B herein, which shall be determined by referencing the Retail On-Highway Diesel Price — U.S. Average, as published by the U.S. Department of Energy, Energy Information Administration (DOE)for the third Monday of the final month of each quarter. The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported effective with the start of the next quarter. No surcharge will be applied on top of another one. The Contractor shall utilize the trucking fuel surcharge scale included in Attachment B as a basis for adjustment, and surcharge adjustments will be based on that scale. The DOE Retail On- Highway Diesel Price — US Average index may be found at: http://tonto.eia.doe.gov/oog/info/wohdp/diesel detail report combined.asp 5.3 Escalation/De-escalation: 5.3.1 The City will accept price adjustments on a quarterly basis on January 1St, April 1st, July 1st and October 1St of each year. The Contractor must submit sufficient documentation to be given consideration for a price increase; and must pass-on a price decrease when the Contractor's costs are reduced. Approved documentation includes, but is not limited to published U.S. Department of Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor Statistics (BLS) reports on Producer Price Index (PPI) for all commodities, U.S. Energy Information Administration WTI publications on spot crude oil prices, BLS Electric Power Generation, Transmission and Distribution Index, BLS Crushed and Broken Limestone Index, BLS mining Machinery and Equipment Index; and copies of vendor monthly internal cost reports and/or actual invoices. 5.3.2 Rail and Truck freight charges and changes for transfer costs require written 3 Page 926 of 1269 TAMARAC City of Tamarac The City For Your Life Purch-asing--,it7-ct--Co--t�tracts Division verification from vendor's freight and transfer auboontraobore, provided to the Purchasing 8 Contracts Division prior to initial contract term expiration of the Agreement. All Rail and Truck fuel surcharges will be applied initially on November 1. 2020. subject tochange in accordance with the aohodu|a provided i»Attachment 1Bherein. 5.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter based on the amount of the rail and truck fuel surcharges in effect for the month preceding the quarterly price change as calculated in accordance with Section 5.2ofthis Agreement, utilizing Attachment 1Bbothis Agreement. 5.3.4 Cost ad]uatmonhy, in all oaaeo, shall reflect only a direct pass-through of costs, and nochanges bothe Contractor's profit margin shall be permitted. The City and the Contractor may also utilize reoognizedgovarnment/industry indices or combination ofindices ho be mutually agreed upon by the City and Contraobor, when determining price inonoaooa. The City maon/oo the right to allow the Contractor to utilize alternative indices for price adjustment justification; however, the Contractor will only be allowed to change these indices at the time of any potential contract renewal, unless the index or indices cease publication, in which case the Contractor will be allowed to make changes hofor any discontinued index during the contract period. The City noaorveo final judgement in the determination of the a000pbunoo of specific indices to be utilized for the justification ofprice adjustments. 6 Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 20-21 B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VI I; Chapter 218. 7 Conditions mfMaterial All materials and products supplied by the Contractor in conjunction with this agreement shall conform to the specifications of the original bid#20-21 B. The City reserves the right to return the product to the Contractor and require the delivery ofnew product atnocost hothe City. 8 Indemnification 8.1 The Contractor shall indemnify and hold harmless the Cih/, its elected and appointed offioia|o, onnp|oy000, and agents from any and all o|aimo, auita, actions, damages, |iabi|ib/, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal irjury, or property damage, including loss ofuse thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its offioora, omp|oy000, agonty, ouboontradom, or independent Contnootom, excepting only such |oau of |ife, bodily or personal irjury, or property damage solely attributable to the negligence or willful misconduct of the City or its elected orappointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any 000urnonoo during the term ofthis Agreement, even though the claim may bemade after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 4�� `�`��` Page 927 Of 1269 TiMiRAC City of Tamarac The City For Your Life Purchasing aril Contracts Division - -_-.-. -.----- -_.-___ ....... ___ _...- - ---.._ -___-. _.... . ___.---_.--. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9 Non-Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, genetic information or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, genetic information, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10 Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided,further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be 5 Page 928 of 1269 TAMARAC City of Tamarac The City For Your Life Purchasiog aod Contracts Division |iob|efor any obligation incurred by Contnaotor, including but not limited to unpaid minimum wages and/or overtime premiums. 11 Assignment and Subcontracting Contractor nho|| not transfer orassign the performance required bythis Agreement without the prior consent ofthe City. This Agnoement, or any portion thenoof, nheU not be subcontracted without the prior written consent ofthe city. 12 Notice Whenever either party desires or in required under this Agreement bo give notice to any other porty, it must begiven by written notice either delivered in person, sent by U.S. Certified PNoi|, U.S. Express Mail, air cvground courier services, orbymessenger service, onfollows: CITY City Manager Qty of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With ocopy hoCity Attorney otthe following address: Goren, Chenof. Doody 8Ezvo|. P.A. 3U99East Commercial B|vd.. Suite 2OO Fort Lauderdale, FL 33308 CONTRACTOR Lho|atNorth America ofAlabama, LLC 5600 Clearfork Main Street, Suite 300 Fort Worth,TX 76109 Attn: Ron Thompson, CEO 13 Termination 13'1 Termination for Convenience: This Agreement may be terminated by the City for oonvenienoe, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination dote, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or uounen it to be horminobed. Contractor shall indemnify the city against loss pertaining tothis termination. 13'2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall besubject bo cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the material hormo, pnovinionn, oondiUonn, or requirements herein oontoined, if such neglect or failure ohn|| continue for m period of thirty(30)days after receipt by Contractor of written notice of such neglect or failure. 14 Uncontrollable Forces 14.1 Neither the Qty nor Contractor oho|| be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" nhoU mean any event which mnu|to in the prevention ordelay of performance by o party ofits obligations under this Agreement and which is beyond the n0000nob|e control of the nonperforming party. It indudeo, but is not limited to fivu' flood. O-_-- �_�_-_--'�� ---'- - --_-'-- - � Page 929 Of 1269 TA�.iR.,v City of Tamarac The City For Your Life Purchasing anr!Contracts Ory---- earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall,within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15 Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16 Warranties Contractor warrants that the materials sold hereunder shall conform to the specifications set forth herein and shall be free and clear of all liens and other encumbrances. CONTRACTOR MAKES NO FURTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY INTENDED USE OR PURPOSE. 17 Limitation of Liability NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, OR DEFAULT IN THE PERFORMANCE HEREOF, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL THEORY. CONTRACTOR'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO REPLACEMENT OF NON- CONFORMING MATERIAL OR REIMBURSEMENT OF THE PURCHASE PRICE FOR SUCH NOW CONFORMING MATERIAL. 18 Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 19 Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 20 Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 7 Page 930 of 1269 TAS AC City of Tamarac The City For Your Life Purchasing and Contracts Division 21 Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 22 No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 23 Scrutinized Companies --287.135 AND 215.473 23.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 23.2 Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 24 Public Records 24.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 24.1.1 Keep and maintain public records required by the City in order to perform the service; 24.1.2 Upon request from the City'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 this chapter or as otherwise provided by law. 24.1.3 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 the contractor does not transfer the records to the City. 24.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by 8 Page 931 of 1269 TAMARAC City of Tamarac The City For Your Life Purch rsing and Contracts---- Division the City to perform the service. If the Contractor transfers all public records to the City 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 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. 24.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract.The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 25 Public Records Custodian 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 CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG Remainder of Page Intentionally Blank 9 ---------- --------. Page 932 of 1269 TAMARAC City of Tamarac The City For Your Life Purchasing incl Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its CEO duly authorized to execute same. CITY OF TAMARAC MicheII4 J. Gomez, Mayo Date ATT' T: Michael C. Cernech, City Manager owb Je if Joh n, C Date y erk Approved as to form and legal sufficiency: Date City A ney Date ATTEST: LHOIST NORTH AMERICA OF ALABAMA, LLC Company Name v z ignature of Corporate Secretary ignatu e of CEO I (E-: A'Ai'u Ron Thompson Type/Print Name of Corporate Secy. CEO 2 0 ) (CORPORATE SEAL) Dat 10 Page 933 of 1269 TAMA-tet-C City of Tamarac The Cite For Your Life Purchasing incl Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF W : SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Ron Thompson, CEO of Lhoist North America of Alabama, LLC an Alabama Limited Liability Corporation duly registered as Florida Foreign Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal thisaday of 20 'U�! Signature of Notary Public State of FTiorid-at Large RACHELGAL VAN -� Print, Type or Stamp My Nom ID#128343345 Name of Notary Public :•; Juv ly 30, ' a"N' Personally known to me or Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath. 41 Page 934 of 1269 TAMARAC City of Tamarac The City For Your Lite Purchasing and Contracts Division ATTACHMENT A PARTICIPATING AGENCIES & UNIT PRICING PROVIDED IN BID Below is a list of the agencies participating in this bid and their respective delivery locations: AGENCY DELIVERY ADDRESS CITY/STATEIZIP CONTACT PHONE/E-MAIL City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach 33435 David Roland 561/742-6434 RolandD bbfl.us Broward County Dist.1A 3701 N State Road 7 Lauderdale Lakes 33319 Pedro Barrios 954/8314115/954/553-0653 Cell PBerrios broward.or Broward County Dist.2A 1390 NE 50th St, Deerfield Beach 33064 Jose Otero 954/831-4127/954/234-1034 Cell JOtero broward.or City of Coral Springs 3800 NW 85th Avenue Coral Springs 33065 Alvan Jones 954/345-2162 a'ones corals rin s.or City of Dania Beach 1201 Stirling Road Dania Beach 33004 Nate Costa 954/924-6808 x3616 nc sta daniabeachfl. ov City of Delray Beach 201 SW 7"'St. Delray Beach 33444 Bryan Heller 561/531-0817 Heller6 m delra beach.com Town of Davie 3500 NW 76"'Avenue Hollywood,FL 33024 Raul Sotelo 954/327-3748 Raul sotelo davie-fl. ov City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach 33442 Joshua Niemann 954/480-4373 J niemann@.Deerfield- Beach.com City of Fort Lauderdale 949 NW 38"'Street Oakland Park,33309 Cesar Alza 954/828-7865 calza fortlauderdale. ov City of Hallandale Beach 630 NW 2"'Street Hallandale 33009 John Fawcett 954/457-1632 ifawcett cohb.or City of Hollywood 3441 Hollywood Blvd. Hollywood 33021 Luis Montoya 954/967-4230 Imontgya(cDhollvwoodf1.org City of Hollywood 1621 N. 141 Avenue Hollywood 33022 Coy Mathis Joel 954/921-3288 Blanco cmathisahollvwoodfl.org iblanco holt oodfi.or City of Lake Worth Beach 301 College Street Lake Worth Beach,33460 Tim Sloan 561/586-1636 TSloaneLakeWorthBeach FL. Gov City of Lauderhill 2101 NW 49th Avenue Lauderhill 33313 Lurleen Evans 954/730-2972/954-7304225 Levans Iauderhill.fl. ov City of Margate 980 NW 66 Ave. Margate 33063 Richard Uber 954/972-0828 ruber@margatefl.com City of North Lauderdale 841 NW 71"Avenue North Lauderdale 33068 Neil Buckeridge 954/5974757 N Buckeddge@NLauderdale.o r City of North Miami 12098 NW 11 Ave. North Miami 33168 Pavel Vida 305/953-2854 PVida northmiamiFL. ov City of North Miami Beach 19150 NW&I Avenue Miami Gardens 33169 Moises Sierra / Carlos 787/406-9628 305/650-0000 Carrazana Moises.sierraortiz(aDiacobs.co M Carlos.carrazana a@Citynmb"c om Village of Palm Springs 360 Davis Road Palm Springs 33461 Dave Burgin 561/635-4282 dburgin(a)vasfl.org Village of Palm Springs 5618 Basil Drive West Palm Beach 33415 Dave Burgin 561/635-4282 dbur in v sfl.or City of Pembroke Pines 7960 Johnson Street Pembroke Pines 33024 Michael Cepeda 786/644-8762 michael.ce eda 'acobs.com 42 Page 935 of 1269 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division ---------------- AGENCY DELIVERY ADDRESS CITY/STATE/ZIP CONTACT PHONE/E-MAIL City of Pompano Beach 301 NE 121h Street Pompano Beach 33060 Phil Hyer 954/545-7030 Phil.h er co bfl.com City of Riviera Beach 800 W.Blue Heron Blvd. Riviera Beach 33404 David Danford 561/723-9973 ddanford rivierabeach.or City of Sunrise 4350 Springtree Drive Sunrise 33351 Roal Small 954/572-2424 rsmall sunrisefl. ov City of Sunrise 15450 Sludgemill Road Davie 33331 Hugo Alagic 954/434-6900 hala is sunrisefl. ov City of Tamarac 7803 NW 61st Street Tamarac 33321 Anthony Licata 954/597-3777 anthon .licata tamarac.or Village of Wellington 1100 Wellington Trace Wellington 33414 Karla Berroteran- 561/753-2465 Castellon kberroteran@—w-e—ll-in—qt-o—nfl.gov City of West Palm Beach 1009 Banyan Blvd. West Palm Beach 33401 Sandra Feliciano 561/822-2290 sfeliciano@wLb.org Remainder of Page Intentionally Blank 43 Page 936 of 1269 TAMARAC City of Tatoarac The City For Your Life Purchasing wid Contracts Division ----------------- UNIT PRICING PROVIDED IN BID AS OF AUGUST 31, 2020 FOR AWARDED AGENCIES AGENCY DELIVERY ADDRESS ANNUAL PRICE FREIGHT TOTAL USAGE PER TON CHARGE COST I DELIVERED Type 1 -Pebble Lime Broward County Dist 1 3701 N State Road 7 2500 $202.00 $82.80 $284.80 Broward County Dist. 2 1390 NE 51 St. 4500 $202.00 $82.80 $284.80 City of Coral Springs(1) 3800 NW 85th Avenue, Coral Springs 1352 $202.00 $82.80 $284.80 Town of Davie 3500 NW 76th Avenue, Hollywood 1000 $202.00 $82.80 $284.80 City of Dania Beach 1201 Stirling Road, Dania Beach 350 $202.00 $82.80 $284.80 City of Deerfield Beach 290 Goolsby Blvd.-West Plant, Deerfield 1415 $202.00 $82.80 $284.80 Beach City of Fort Lauderdale 949 NW 3811 St., Ft. Lauderdale 11500 $202.00 $82.80 $284.80 (2) City of Hallandale Beach 630 NW 6th Avenue, Hallandale Beach 900 $202.00 $82.80 $284.80 (3) City of Lake Worth 301 College St., Lake Worth Beach 525 $202.00 $82.80 $284.80 Beach City of Lauderhill 2101 NW 49th Avenue, Lauderhill 1825 $202.00 $82.80 $284.80 City of North Lauderdale 841 NW 71St Avenue, North Lauderdale 650 $202.00 $82.80 $284.80 City of North Miami 12098 NW 11th Ave, North Miami 1150 $202.00 $82.80 $284.80 Village of Palm Springs 360 David Road, Palm Springs 600 $202.00 $82.80 $284.80 Village of Palm Springs 5618 Basil Drive, West Palm Beach 600 $202.00 $82.80 $284.80 City of Pompano Beach 301 NE 12th Street, Pompano Beach 2200 $202.00 $82.80 $284.80 City of Riviera Beach 800 W. Blue Heron Blvd., Riviera Beach 588 $202.00 $82.80 $284.80 City of Sunrise 4350 Springtree Drive, Sunrise 2400 $202.00 $82.80 $284.80 City of Sunrise 15400 Sludge Mill Road, Davie 600 $202.00 $82.80 $284.80 Villa of Wellington 1100 Wellington Trace, Wellington 1330 $202.00 $82.80 $284.80 TYPE 1A-Foundry/Rice Lime City of Boynton Beach 124 E. Woolbright Rd., Boynton Beach 1685 $202.00 $82.80 $284.80 City of Delray Beach 201 SW 7th St., Delray Beach 3650 $202.00 $82.80 $284.80 City of Hollywood 3441 Hollywood Blvd., Hollywood 2400 $202.00 $82.80 $284.80 City of Margate 980 NW 66th Ave, Margate 2000 $202.00 $82.80 $284.80 City of North Miami 19150 NW 8th Ave, Miami Gardens 3000 $202.00 $82.80 $284.80 Beach City of Pembroke Pines 7960 Johnson Street, Pembroke Pines 4200 $202.00 $82.80 $284.80 City of Tamarac 7803 NW 61st Street, Tamarac 1500 $202.00 $82.80 $284.80 City of West Palm Beach 1009 Banyan Blvd., West Palm Beach 5200 $202.00 $82.80 $284.80 Approximate Total Annual Tonnage 59,620 1 1 1 Delivery Location Special Conditions: (1) Coral Springs-Must deliver between 8:OOAM and 4:OOPM Monday to Friday ONLY. (2) Fort Lauderdale-Must deliver between 7:OOAM and 3:00 Daily. (3) Hallandale Beach - Delivery to be made by a tanker truck @ 25 Tons/shipment. Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. 44 Page 937 of 1269 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division ATTACHMENT B TRUCK FUEL SURCHARGE SCALE Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly. • The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of Energy's DOE Retail On-Highway Diesel Price-US Average index published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following website: https://www.eia.gov/petroleum/gasdiesel • Percentages change .5% for every $0.05 per gallon price change DIESEL FUEL PRICE FS = %OF DIESEL FUEL PRICE FS = %OF NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE $1.75 0.00% $3.00 13.00% $1.80 1.00% $3.05 13.50% $1.85 1.50% $3.10 14.00% $1.90 2.00% $3.15 14.50% $1.95 2.50% $3.20 15.00% $2.00 3.00% $3.25 15.50% $2.05 3.50% $3.30 16.00% $2.10 4.00% $3.35 16.50% $2.15 4.50% $3.40 17.00% $2.20 5.00% $3.45 17.50% $2.25 5.50% $3.50 18.00% $2.30 6.00% $3.55 18.50% $2.35 6.50% $3.60 19.00% $2.40 7.00% $3.65 19.50% $2.45 7.50% $3.70 20.00% $2.50 8.00% $3.75 20.50% $2.55 8.50% $3.80 21.00% $2.60 9.00% $3.85 21.50% $2.65 9.50% $3.90 22.00% $2.70 10.00% $3.95 22.50% $2.75 10.50% $4.00 23.00% $2.80 11.00% $4.05 23.50% $2.85 11.50% $4.10 24.00% $2.90 12.00% $4.15 24.50% $2.95 12.50% $4.20 25.00% 45 Page 938 of 1269 TAMARAC TR 13501 -- Exhibit 3 The City For Your Lits City,of.�.��txaara�� utchasarrg and orntracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND CARMEUSE LIME&STONE INC. fh THIS AGREEMENT is made and entered into this day of 20 o by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Carmeuse Lime and Stone Inc., a Delaware corporation, duly registered as a Florida Foreign corporation with principal offices located at 11 Stanwix Street, 21st Floor, Pittsburgh, PA 15222 (the "Contractor") to Furnish, Deliver and Discharge of Quicklime for the City of Hollywood, Florida through the Southeast Florida Governmental Purchasing Cooperative. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. The Contract Documents The contract documents consist of this Agreement, Bid Document No. 20-21 B, "Furnish, Deliver and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement; and Attachment A, which is a schedule of delivered pricing for individual delivery locations. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 20-21 B, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 20-21B, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2. The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical Specifications, terms and conditions contained in Bid Document 20-21B, "Furnish, Deliver and Discharge Quicklime". 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall, at all times, have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any,with respect to the work and services described herein. 2.1.4 Contractor shall be required to provide a copy of the "Contractor Pass Request 1 Page 939 of 1269 TAMARAC The City For Your Life City or T�n;rarac Purchasing sur!Contracts Division Form" (See attached Appendix A to Bid Document No. 20-21B), with photo identification of all personnel authorized to be on premises at City delivery sites. 2.1.5 Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. 2.1.6 All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems, equipment and/or operations, to any non-City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3. Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured, and shall list the City as the Certificate Holder. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Insurance limits are outlined below: o General Liability-$1 M per occ./$21VI aggregate o Automobile—$1 M per occ./$1 M aggregate o Workers Comp—Statutory 3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2 of this Agreement to any other organization in the Southeast Florida Governmental Purchasing Cooperative, and shall provide those agencies with their own Certificate of Insurance to validate coverage for their entity. 4. Term The term of this Agreement shall be for an initial three (3) year period, beginning November 1, 2020 through October 31, 2023. The City reserves the right to renew this Agreement for three (3) additional one (1) year periods subject to the Contractor's acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 2 Page 940 of 1269 TAMARAC The City For Your Life Lltj/CT Tfi/;1afFdL F(!lChfiSll!C]a1!d LO?tilc3CfS OINiSf0f1 5. Contract Sum The Contract Sum for the above work for entities listed in Attachment A (UNIT PRICING PROVIDED IN BID) herein shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 20-21 B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Attachment A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, Pricing shown in Attachment A, shall be firm for the initial contract period from November 1, 2020 through December 31, 2020. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-escalation" shown herein beginning on January 1, 2021. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the initial contract period from November 1, 2020 through December 31, 2020. Pricing changes will thereafter be allowable on a quarterly basis beginning on January 1, 2021 in accordance with Section 5.3"Escalation/De-escalation" shown herein. 5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. 5.2.2 Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail carrier. Contractor shall provide documentation regarding the rail carrier's pricing as a part of the request for an adjustment to the rail surcharge. No surcharge will be applied on top of another one. The Bidder should provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in Attachment B herein. 5.2.3 Trucking Surcharge -The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Attachment B herein, which shall be determined by referencing the Retail On-Highway Diesel Price — U.S. Average, as published by the U.S. Department of Energy, Energy Information Administration (DOE)for the third Monday of the final month of each quarter. The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported effective with the start of the next quarter. No surcharge will be applied on top of another one. The bidder shall utilize the trucking fuel surcharge scale included in Attachment B as a basis for adjustment, and surcharge adjustments will be based on that scale. The DOE Retail On-Highway Diesel Price — US Average index may be found at: httr)://tonto.eia.doe.aov/ooa/info/wohdp/diesel detail report combined.asp 5.3 Escalation/De-escalation: 5.3.1 The City will accept price adjustments on a quarterly basis on January 1s', April 1 s', July 1 s' and October 1st of each year. The Contractor must submit sufficient documentation to be given consideration for a price increase; and must pass-on a price decrease when the Contractor's costs are reduced. Approved documentation includes, but is not limited to published U.S. Department of Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor Statistics (BLS) reports on Producer Price Index (PPI) for all commodities, U.S. Energy Information Administration WTI publications on spot crude oil prices, BLS Electric Power Generation, Transmission and Distribution Index, BLS Crushed and Broken Limestone Index, BLS mining Machinery and Equipment Index; and copies of vendor monthly internal cost reports and/or actual invoices. 5.3.2 Rail and Truck freight charges and changes for transfer costs require written 3 Page 941 of 1269 TAMARAC City The City For Your Life ur;��ssin #Contracts,` trarrt r r crarf W rr'r,Pn verification from vendor's freight and transfer subcontractors, provided to the Purchasing & Contracts Division prior to initial contract term expiration of the Agreement. All Rail and Truck fuel surcharges will be applied initially on November 1, 2020, subject to change in accordance with the schedule provided in Attachment B herein. 5.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter based on the amount of the rail and truck fuel surcharges in effect for the month preceding the quarterly price change as calculated in accordance with Section 5.2 of this Agreement, utilizing Attachment B to this Agreement. 5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractor's profit margin shall be permitted. The City and the Contractor may also utilize recognized government/industry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. The City reserves the right to allow the Contractor to utilize alternative indices for price adjustment justification; however, the Contractor will only be allowed to change these indices at the time of any potential contract renewal, unless the index or indices cease publication, in which case the Contractor will be allowed to make changes to for any discontinued index during the contract period. The City reserves final judgement in the determination of the acceptance of specific indices to be utilized for the justification of price adjustments. 6 Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 20-21 B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218. 7 Conditions of Material All materials and products supplied by the Contractor in conjunction with this agreement shall conform to the specifications of the original bid#20-21 B. The City reserves the right to return the product to the Contractor and require the delivery of new product at no cost to the City. 8 Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys'fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but 4 Page 942 of 1269 TAMARAC City of The City For Your We Purchasing ,a i 3#;.:fit°cGP'a G !'t["sc{,a Division not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9 Non-Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, genetic information, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, genetic information or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10 Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be 5 Page 943 of 1269 TAMARAC The City For Your Life City of 7�,msrac Pt arrr. Contracts Dr✓isicr liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11 Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12 Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail,air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody& Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Carmeuse Lime& Stone Inc. 11 Stanwix Street Pittsburgh, PA 15222 Attn: Phil Piggott, V.P. of Sales&Marketing 13 Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty(30)days after receipt by Contractor of written notice of such neglect or failure. 14 Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of 6 Page 944 of 1269 TAMARAC City ,. The City For Your Lite .. f,,of r r;a.aPurchasing c r gr gs Division performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15 Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16 Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17 Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18 Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19 Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20 No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 21 Scrutinized Companies --287.135 AND 215.473 21.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not 7 ...... . . Page 945 of 1269 TAMARAC i! The City For Your Life f?� `ofTamarac ?"L78"C:h°3s,=') and%.C.)I2ia ai;P',S Division on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 21.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes,as amended from time to time. 22 Public Records 22.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 22.1.1 Keep and maintain public records required by the City in order to perform the service; 22.1.2 Upon request from the City'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 this chapter or as otherwise provided by law. 22.1.3 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 the contractor does not transfer the records to the City. 22.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City 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 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. 22.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract.The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. Page 946 of 1269 TAMARAC The City For Your Life t?y l �r� "-a rr�'�2s�.g and Crf tt acf Df`Visc r� 23 Public Records Custodian 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 CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG Remainder of Page Intentionally Blank Page 947 of 1269 TAMARAC The City For Your Life City of �ian!ar<�c Purc!rasirrcx and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Vice President of Operations, General Mgt., duly authorized to execute same. CITY OF TAMARAC A�4&U1,61 ---- Mich Ile J. Gomez, Mayor 4irhael t ATTEST: C. Cernech, City anag Ax� q - )—C4 Je if r Joh n, CM Date y Clerk Approve to for and I al sufficiency: Date City Atforney f® � � Date ATTEST: CARMEUSE LIME & STONE, INC. --- Company Name Signature of Corporate Secretary Sin a of Vice President of Operations, General Mg . Nicholas Bonarrigo Jeff Bittner Deputy General Counsel, Assistant Secretary September 9, 2020 (CORPORATE SEAL) Date 10 Page 948 of 1269 TAMARAC The City For Your Life City of Taniai<.c ('onchasirig and Coriha�ts Division CORPORATE ACKNOWLEDGEMENT STATE OF SS COUNTY OFI'/I�� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jeff Bittner, Vice President of Operations, General Mgt of Carmeuse Lime & Stone, Inc. a Delaware Corporation duly registered as a Florida Foreign Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this�'day of 20 Commonwealth of Pennsylvania•Notary Seal d _��G W �_�. .•„'' Dana M.Brooks,Notary Public Signature of Notary Public Allegheny County State of WeFida-at Large My commission expires December 31,2021 '=Pex)ei5yjvCo n 7Z, Commission number 1281017 Member,Pennsylvania AssdClation of Notaries Print,Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or /❑ DID NOT take an oath. 41 Page 949 of 1269 TAMARAC The City For Your life��/�of��r�� r urr;aasinand Contracts Drv°/st"or= ATTACHMENT A PARTICIPATING AGENCIES & UNIT PRICING PROVIDED IN BID Contact information for the agency participating in this agreement and its respective delivery location: AGENCY DELIVERY ADDRESS CITYISTATEIZiP CONTACT PHONE/E-MAIL City of Hollywood,Wastewater 1621 N. 14'h Avenue Hollywood,FL 33022 Coy Mathis Joel 954/921-3288 Blanco cmathis@hollywoodfi.org iblanco@hollywoodfl.org UNIT PRICING PROVIDED IN BID AS OF AUGUST 31, 202 FOR AWARDED AGENCIES AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE FREIGHT TOTAL COST DELIVERED PER TON CHARGE Type 2—Hi Cal Granular City of Hollywood.Wastewater 1621 N. 14`h Avenue, Hollywood 5550 $190.00 $100.99 $290.99 33022 Approximate Total Annual Tonnage 5550 Remainder of Page Intentionally Blank 42 Page 950 of 1269 TAMARAC City The City For Your Life Purchasing ,..p & y Lit � Y� .°c% i Y.'.".rcw#= aft�a°gd'tld.�i��dwdDivision ATTACHMENT B TRUCK FUEL SURCHARGE SCALE Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly. • The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of Energy's DOE Retail On-Highway Diesel Price-US Average index may be found at: published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following website: https://www.eia.gov/petroleum/ciasdiesel/ • Percentages change .5%for every$0.05 per gallon price change DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = %OF NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE $1.75 0.00% $3.00 13.00% $1.80 1.00% $3.05 13.50% $1.85 1.50% $3.10 14.00% $1.90 2.00% $3.15 14.50% $1.95 2.50% $3.20 15.00% $2.00 3.00% $3.25 15.50% $2.05 3.50% $3.30 16.00% $2.10 4.00% $3.35 16.50% $2.15 4.50% $3.40 17.00% $2.20 5.00% $3.45 17.50% $2.25 5.50% $3.50 18.00% $2.30 6.00% $3.55 18.50% $2.35 6.50% $3.60 19.00% $2.40 7.00% $3.65 19.50% $2.45 7.50% $3.70 20.00% $2.50 8.00% $3.75 20.50% $2.55 8.50% $3.80 21.00% $2.60 9.00% $3.85 21.50% $2.65 9.50% $3.90 22.00% $2.70 10.00% $3.95 22.50% $2.75 10.50% $4.00 23.00% $2.80 11.00% $4.05 23.50% $2.85 11.50% $4.10 24.00% $2.90 12.00% $4.15 24.50% $2.95 12.50% $4.20 25.00% 43 Page 951 of 1269 Printed: 8/13/2020 9:38:29 AM } 'a+ v a�` Pu®L ISIUMI Page 1 of 3 Order ID: 6742699 *Agency Commission not included GROSS PRICE * : $124.20 PACKAGE NAME: SSC Advertisement For Bids Page 952 of 1269 SunSentinel 11= Printed: 8/13/2020 9:38:29 AM OPU PuBLISHIN GROUP Page 2 of 3 Order ID: 6742699 *Agency Commission not included GROSS PRICE * : $124.20 PACKAGE NAME: SSC Advertisement For Bids Product(s): Sun Sentinel, Affidavit, Floridapublicnotices.com AdSize(s): 1 Column Run Date(s): Sunday, August 16, 2020 Color Spec. B/W Preview Page 953 of 1269 Suit,Sentl=1 I Printed: 8/13/2020 9:38:29 AM TORUrJ Page 3 of 3 Order ID: 6742699 *Agency Commission not included GROSS PRICE * : $124.20 PACKAGE NAME: SSC Advertisement For Bids ADVERTISEMENT INVITATION TO 01 (lrl ALL QUALIFIEb 6000M�.. zwled 004i,acldressedwts Pur . lhg and Contiacts,DM91on of the OW of Txwac,omwwd county,Florida,WWII W TeceNted ekwmically Vt elt t PtIcrywo Prowoment ria _ , t bidsa derma+ars 1 xoo pm la- Cal tri„W74ay,AUSLIAX, 2d (Or F01111511,D@l .r afld bSOU QLic di The CRY Or T2ftrac 1 h"hY rde in, Blft i'r quaii ed r-tfa a , Fury mh.D01W,r obd circ arge QvicklOie at the ty of Txmrac Water Ai ntt property- 2t permsat 78Q3 NW 61$t. tMet aOd CHI be421f rich$in TbR'S0140 Florlla rr mortal rear 2sln Aerg . "li 1rf the Bid dorrit- sagN . elds gust te recemd dec- '"nically,04 the cox;en fid PrDUreMlItf rr Ih t SMM, Ud,s&WnUetVV on ot bftre Me do and the re `rrc al) BldS tip c _ +od' r '00 PrM dry aid date w10 Bei emw r tiny circ n. Apy LIcer in r rdi 0,Bid i�I Will ire m6oW apInst, )Bidder,Please OoWnload the bid dow- it Lo re Inwood sal at gt= idiug virtual bid OPeAftr cemmony CityLbs ft 010t to lraiwl airy 01` ull 9-owfjg wow alb ire ririti in ariy Olds VaqOved,to re- awertfse for atok to word lrfwbole lo41 I"t,to a Bidder,or Mitt 0Y 9 t sw h ajlons W1 may be dooms 10 be Hi the b i0re=of rile Ctty 13i cblit tragi- calrV,ONLY at h; � ta. Nd a rider vE u Ur fle r F�GI.W: 10 K,GIS,CPPO surMwnagw- 4t 6742,699 Page 954 of 1269 20-21B - Furnish, Delivery and Discharge of Quicklime Opening Date:August 12, 2020 5:45 PM Closing Date: August 31, 2020 3:00 PM Vendor Details Company Name: Lhoist North America of Alabama, LLC 1479 Town Center Drive Address: Suite 229 Lakeland, Florida 33803 Contact: Elizabeth Hart Email: elizabeth.hart@lhoist.com Phone: 863-644-9010 Fax: 863-644-9030 HST#: Submission Details Created On: Tuesday August 25,2020 08:57:58 Submitted On: Saturday August 29, 2020 14:15:06 Submitted By: Elizabeth Hart Email: elizabeth.hart@lhoist.com Transaction#: 28c96c3f-ecff-4a4f-8a79-d49ffc6d798e Submitter's IP Address: 65.35.99.250 Bid Number: 20-21 B Vendor Name: Lhoist North AmeriW oflftn 1 L�9 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid,at the unit prices, and/or lump sums,hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner. If the line item and/or table is"NON-MANDATORY"and you are not bidding on it,leave the table and/or line item blank.Do not enter a$0.00 dollar value. All funds are to be submitted in USD currency. Type 1-Pebble Lime We will not be submitting for Type 1-Pebble Lime # AGENCY ' DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON" FREIGHT CHARGE* Agency Total 1 Broward County Dist. 1 3701 N State Road 7 2500 $202.0000 $82.8000 $712,000.00 2 Broward County Dist. 2 1390 NE 51 St. 4500 $202.0000 $82.8000 $1,281,600.00 " 3 City of Coral Springs 3800 NW 85th Avenue, Coral Springs 1352 $202.0000 $82.8000 $385,049.60 Note: Must deliver between 800 AM and 4:00 PM Monday to Friday ONLY. 4 Town of Davie 3500 NW 76th Avenue, Hollywood 1000 $202.0000 $82.8000 $284,800.00 5 City of Dania Beach 1201 Stirling Road, Dania Beach 350 $202.0000 $82.8000 $99,680.00 6 City of Deerfield Beach 290 Goolsby Blvd. -West Plant, Deerfield Beach 1415 $202.0000 $82.8000 $402,992.00 7 City of Fort Lauderdale 949 NW 38th St., Ft. Lauderdale 11500 $202.0000 $82.8000 $3,275,200.00 Must deliver between 7:00AM and 3:00 Daily. 8 City of Hallandale Beach 630 NW 6th Avenue, Hallandale 900 $202.0000 $82.8000 $256,320.00 Delivery to be made by a tanker truck @ 25 Tonstshipment. Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. 9 City of Lake Worth Beach 301 College St., Lake Worth Beach 525 $202.0000 $82.8000 $149,520.00 10 City of Lauderhill 2101 NW 49th Avenue, Lauderhill 1825 $202.0000 $82.8000 $519,760.00 11 City of North Lauderdale 841 NW 71st Avenue, North Lauderdale 650 $202.0000 $82.8000 $185,120.00 12 City of North Miami 12098 NW 11th Ave, North Miami 1150 $202.0000 $82.8000 $327,520.00 13 Village of Palm Springs 360 David Road, Palm Springs 600 $202.0000 $82.8000 $170,880.00 14 Village of Palm Springs 5618 Basil Drive, West Palm Beach 600 $202.0000 $82.8000 $170,880.00 15 City of Pompano Beach City of Pompano Beach 2200 $202.0000 $82.8000 $626,560.00 16 City of Riviera Beach 800 W. Blue Heron Blvd., Riviera Beach 1588 $202.0000 $82.8000 $167,462.40 17 City of Sunrise 4350 Springtree Drive, Sunrise 12400 $202.0000 $82.8000 $683,520.00 18 City of Sunrise 15400 Sludge Mill Road, Davie 1600 $202.0000 $82.8000 $170,880.00 19 Village of Wellington 1100 Wellington Trace, Wellington 11330 $202.0000 $82.8000 $378,784.00 Subtotal: $10,248,528.00 Type 1A--Foundry/Rice Lime We will not be submitting for Type 1A--Foundry/Rice Lime AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON FREIGHT CHARGE" Agency Total 1 City of Boynton Beach 124 E. Woolbright Rd., Boynton Beach 1685 $202.0000 $82.8000 $479,888.00 2 City of Delray Beach 201 SW 7th St., Delray Beach 3650 $202.0000 $82.8000 $1,039,520.00 3 City of Hollywood 3441 Hollywood Blvd., Hollywood 2400 $202.0000 $82.8000 $683,520.00 4 City of Margate 980 NW 66th Ave, Margate 2000 $202.0000 $82.8000 $569,600.00 5 City of North Miami Beach 19150 NW 8th Ave, Miami Gardens 3000 $202.0000 $82.8000 $854,400.00 6 City of Pembroke Pines 17960 Johnson Street, Pembroke Pines 4200 $202.0000 1$82.8000 $1,196,160.00 7 City of Tamarac 17803 NW 61st Street, Tamarac 11500 1$202.0000 1$82.8000 $427,200.00 8 City of West Palm Beach 11009 Banyan Blvd., West Palm Beach 15200 1$202.0000 1$82.8000 $1,480,960.00 Subtotal: $6,731,248.00 Type 2-Hi CAL Granular We will not be submitting for Type 2-Hi CAL Granular # AGENCY I DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON* FREIGHT CHARGE* Agency Total' 1 ICity of Hollywood lWastewater, 1621 N14th Ave, Hollywood 15550 1$202.0000 1$180.3300 $2,121,931.50 Subtotal: $2,121,931.50 Bid Number: 20-21 B Vendor Name: LhoiSt North AmeriW of lg�r 1 L�9 Summary Table Bid Form Amount Type 1-Pebble Lime $10,248,528.00 Type 1A--Foundry/Rice Lime $6,731,248.00 Type 2-Hi CAL Granular $2,121,931.50 Subtotal Contract Amount: $19,101,707.50 Bid Questions TERMS: %(percent discount,if any,if payment made within DAYS,otherwise,terms No Discount.Payment terms net 30 days. are NET 30 days. The City of Tamarac desires to have the ability to use a city credit card for payment.Will your firm accept a No-only on COD accounts. Visa credit card as payment from the City of Tamarac?TYPE:YES or NO Does the firm produce the lime being sold?TYPE: YES or NO If yes,provide detailed information regarding your production facilities in your narrative response to be uploaded herein.If no,please provide detailed information regarding the following in your narrative response to be uploaded herein:-The Yes source of your lime,and-The specific point(s)of origin for the production of lime to be provided under the Agreement,and-The staging area(s)for lime deliveries to CO-OP Members,including the capacity of staging area(s)expressed in tons. Provide detailed information on your firm's method for Lime will be shipped via rail from manufacturing point in AL to distribution terminals in South Florida(Pompano and Ft.Lauderdale).Lime is distributing the lime to CO-OP Members. unloaded into silos and then loaded into pneumatic tankers for delivery to customers'silos. The City may request the firm's most recently completed audited financial statement to determine the firm's ability to meet the obligations of the CO-OP Yes Agreement.Are you able to provide this information if requested by the City?TYPE:Yes or No Specifications CERTIFICATION We(1),the undersigned,hereby agree to furnish the item(s)/service(s)described in the Invitation to Bid.We(1)certify that we(1)have read the entire document,including the Specifications,Additional Requirements,Supplemental Attachments,Instructions to Bidders,Terms and Conditions,and any addenda issued.We agree to comply with all of the requirements of the entire Invitation to Bid. Indicate which type of organization below: Contractor's Email address Indicate which type of NumbFederal Tax ID Company Name" Address* Telephone" �� City* State* ZIP" License foraboue organization* Number Number signer* OTHER Lhoist North 1479 Town 3146144950 Lakeland FL 33813 M09000001425 63-1002780 dale.james@lho America of AL, Center Drive, ist.com LLC Suite 229, Lakeland, FL 33803 Bid Number: 20-21 B Vendor Name: Lhoist North AmeriW ofig�al'�o 1 L�9 VENDOR DRUG-FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087,Florida Statutes.This requirement affects all public entities of the State and becomes effective January 1,1991.The special condition is as follows: IDENTICAL TIE BIDS-Preference may be given to businesses with drug-free workplace programs.Whenever two or more bids that are equal with respect to price,quality,and service are received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program.In order to have a drug-free workplace program,a business shall: Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 3. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after each conviction. 4. Impose a section on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.As the person authorized to sign the statement,I certify that this form complies fully with the above requirements. I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything Outlined in this Section *Yes * No BIDDER'S QUALIFICATION STATEMENT If Vendor is Have you Have you operating ever been eve[ under debarred or Are you a received a Fictitious Are you Are you Has your Underwhatformer � suspended Sales con#ractora Name, p Certified?If Licensed?If company How many years has you[organization name(s)has your from doing Representati purchase Line submit Yes,attach ! Yes,attach ever' if Yes, been in business under its present business operated?Also business ve of the order from Item . evidence of copy is copy se declared explain: name.* List formeraddress(esithany commodities the City of compliance to Package* License to bankruptcy. of that business(if any).*government !services hid Tamarac or with Florida toiPackage* Package;* Fictitious al entI1YY�.If upon?^ other Name Yes, government Statute, Explain al entity? 1 9 N/A Chemical Lime Company No R Yes I r Yes r Yes No Manufacturer 6'Yes r No r No F No (' No Bid Number: 20-21 B Vendor Name: LhoiSt North AmeriW oflftn 1 L�9 Scrutinized Companies and Boycott of Israel I certify that my company will not: 1. Participate in a boycott of Israel;and 2. Is not on the Scrutinized Companies that Boycott Israel List;and 3. Is not on the Scrutinized Companies with Activities in Sudan List;and 4. Is not on the.Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's determination concerning the false certification.The Contractor shall have ninety(90)days following rece!ipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute§287.135.Section 287.135,Florida Statutes,prohibits the City from: 1)Contracting with companies for goods or services in any amount if at the time of bidding on,submitting a proposal for,or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,F.S.or is engaged in a boycott of Israel;and 2)Contracting with companies,for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s.215.473,or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor,I hereby certify that the company identified above in the section entitled"Contractor Name"does not participate in any boycott of Israel,is not listed on the Scrutinized Companies that Boycott Israel List,is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List,and is not engaged in business operations in Syria.I understand that pursuant to section 287.135,Florida Statutes,the submission of a false certification may subject the company to civil penalties,attorney's fees,and/or costs.I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed oin the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I Hereby Ac knowledge the Scrutinized Companies-,'287.135 and 215A73 Information Below and will Abide by Everything outlined in this Sectioni r:Yes e- No By execution of this Agreement,Contractor certifies that the Contractor is not participating in a boycott of Israel.The Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has the Contractor been engaged in business operations in Cuba or Syria.Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's determination concerning the false certification.The Contractor shall have five(5)days from receipt of notice to refute the false certification allegation.If such false certification is discovered during the active contract term,the Contractor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. Firm's Primary Ownership Which of the following If Other Please Which of the following best best describes the gentler Please selectthe current certification your firm Indicate the agency or agencies that Enter Information Line primary the (at lefty of your firm's Item of your firm's primary primary owner(a!least 51°lo holds:(*NOTE Proof of Certification must be have granted the certification to your Here:(If NONE owner(at least 51 Ia included in Document Upload Section) firm: Enter the word ownership): ownership):'j "NONE") 1 Equally-owned(Female and CaucasianNVhite None Other NONE Male) APPENDIX A-PART 1-CONTRACTOR PASS REQUEST CONTACT INFORMATION Vendor Name* VendorAddress* Ivendor Contact Name:* Vendor Contact Telephone No. Southern Tank 800 West McNab Road, Fort Matthew Sweatman 954-533-6795 Lauderdale, FL 33309 Southern Tank 800 West McNab Road, Fort Matthew Sweatman 954-533-6795 Lauderdale, FL APPENDIX A-PART 2--CONTRACTOR PASS REQUEST-LIST OF CONTRACTOR EMPLOYEES REQUIRING ACCESS TO FACILITIES Name Work to Be Performedi* Santos George Quicklime Driver Glover Gilley Quicklime Driver Hayden Gayle Quicklime Driver Franklyn Ulysses Quicklime Driver Matthew Sweatman Manager and Quicklime Driver Bid Number: 20-21 B Vendor Name: LhoiSt North AmeriW of lft O 1 L�9 References REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Item i Company Name* Legal Address* Contact Name* Rhone Number* Email Address 1 City of Lakeland 1501 West Bella Vista Street Joseph Costine 863-834-6750 Joseph.Costine@lakelandgov.net ,. Lakeland, Florida 33805 2 City of West Palm Beach 401 Clematis Street, 5th Floor Mona Wamsley 561-494-1055 rwamsley@wpb.org West Palm Beach, FL 33401 3 Palm Beach County COOP 100 E. Boynton Beach Blvd Julianne Alibrandi 561-742-6322 AlibrandiJ@bbfl.us Boynton Beach, FL 33435 4 City of Naples 1000 Fleischmand Blvd Gerald Secory 239-213-7100 jsecory@naplesgov.com Naples, FL 34102 5 City of Orlando 6001 Iron Bridge Circle Diane Tisdell 407-246-2563 Diane.TisdelI@orlandogov.org Orlando, Florida 32765 Documents It is your responsibility to make sure the uploaded file(s)is/are not defective or corrupted and are able to be opened and viewed by the Owner.If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. . Non-Collusive Affidavit&Acknowledgement Non-Collusive Affidavit-TAMARAC NON-COLLUSIVE AFFIDAVIT.pdf-Friday August 28,2020 14:14:21 . Certified Resolution-TAMARAC CERTIFIED RESOLUTION.pdf-Friday August 28,2020 13:48:40 . Certificate of Insurance Proof of Compliance with Requirements-COI THE CITY OF TAMARAC_2947859_64.pdf-Thursday August 27,2020 09:10:45 . W9 Form-LNA_AL 2020 W-9.pdf-Thursday August 27,2020 09:09:12 . Vendor Narrative to address any issues as requested in the bid document-Pricing Formula and Proposed Exceptions_Tamarac.pdf-Friday August 28,2020 14:22:46 Bid Number: 20-21 B Vendor Name: LhoiSt North AmeriW ofi��n 1 L�9 Addenda,Terms and Conditions B. STANDARD TERMS&CONDITIONS These standard terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes,Request for Bids and Request for Proposals.As such the words"bid"and"proposal"are used interchangeably in reference to all offers submitted by prospective Proposers. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these Standard Terms and Conditions shall have precedence over these Standard Terms and Conditions. If no changes or deletions to Standard Terms and Conditions are made in any Special Conditions which may be contained herein,or in the Scope of Work,then the Standard Terms and Conditions shall prevail in their entirety. 1. PERFORMANCE Failure on the part of the Bidder to comply with the conditions,terms,specifications and requirements of the Bid shall be just cause for cancellation of the Bid award; notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting.The City may,by written notice to the Bidder, terminate the contract for failure to perform.The date of termination shall be stated in the notice.The City shall be the sole judge of nonperformance. 2. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this Bid shall be new,warranted for their merchantability,fit for a particular purpose,free from defects and consistent with industry standards.The products shall be delivered to the City in excellent condition.In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications,the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment.The warranty period shall commence upon final acceptance of the product. 3. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing,producing or selling the goods shipped or ordered as a result of this Bid.The seller agrees to hold the City harmless from all liability,loss or expense occasioned by any such violation. 4. SAFETY STANDARDS The Bidder warrants that the product(s)supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter 442,Florida Statutes as well as any industry standards,if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet(MSDS). 5. INSPECTION The City shall have the right to inspect any materials,components,equipment,supplies,services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 6. TERMINATION a. DEFAULT:In addition to all other remedies available to the City,this Agreement shall be subject to cancellation by the City for cause,should the Contractor neglect or fail to perform or observe any of the terms,provisions,conditions,or requirements herein contained,if such neglect or failure shall continue for a period of thirty(30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY:Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein,the final Agreement may be terminated by the City for convenience,upon seven(7)days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date,including services reasonably related to termination.In the event that the Contractor abandons this Agreement or causes it to be terminated,Contractor shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT:This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 7. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this Bid without the prior written consent of the City.Any award issued pursuant to this Bid and monies that may become due hereunder are not assignable except with prior written approval of the City.For purposes of this Agreement,any change of ownership of the proposer shall constitute an assignment which requires City approval.However,this Agreement shall run to the benefit of the City and its successors and assigns. 8. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City.The Bidder shall supply competent and physically capable employees.The City may require the Bidder to remove an employee it deems careless,incompetent,insubordinate or otherwise objectionable.Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. 9. NON-DISCRIMINATION&EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract,the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race,color,sex including pregnancy,religion,age,national origin,marital status,political affiliation,familial status,sexual orientation,gender identity and expression,or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment,without regard to their race,color,sex including pregnancy,religion,age,national origin,marital status,political affiliation,familial status,sexual orientation,gender identity or expression,or disability if qualified. Such actions must include,but not be limited to,the following: employment,promotion;demotion or transfer;recruitment or recruitment advertising,layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places,available to its employees and applicants for employment,notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.The Contractor further agrees that he/she will ensure that all subcontractors,if any,will be made aware of and will comply with this nondiscrimination clause. 10. INSURANCE REQUIREMENTS Bidder agrees to,in the performance of work and services under this Agreement,comply with all federal,state,and local laws and regulations now in effect,or hereinafter enacted during the term of this agreement that are applicable to Contractor,its employees,agents,or subcontractors,if any,with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk&Safety Officer before beginning work under this Agreement.Proposer shall maintain such insurance in full force and effect during the life of this Agreement.Proposer shall provide to the City's Risk&Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement.Proposer shall indemnify and save the City harmless from any damage resulting to it for Bid Number: 20-21 B Vendor Name: LhoiSt North AmeriW of ig�J O 1 L�9 failure of either Proposer or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage,which the Proposer agrees to maintain during the term of this contract: • General Liability-$1M per occ./$2M aggregate • Automobile—$1M per occ./$1M aggregate • Workers Comp—Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement.The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M.Best's Key Rating Guide and be licensed to do business in Florida.Policies shall be"Occurrence"form.Each carrier will give the City sixty(60)days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an"additional insured".The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City.The Bidder shall be responsible for the payment of all deductibles and self-insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self-insured retention.If the Bidder is to provide professional services.The City reserves the right to request the successful Bidder to provide the City with evidence of Professional Liability insurance with,at a minimum,a limit of$1,000,000 per occurrence and in the aggregate."Claims-Made"forms are acceptable for Professional Liability insurance in the event that the successful Proposer provides professional services as agreed upon with City. Contractor shall at a minimum,provide the level of coverage provided as stated in Section 10"Insurance"of the Standard Terms and Conditions herein of this Agreement to any other organization in the Southeast Florida Governmental Purchasing Cooperative,and shall provide those agencies with their own Certificate of Insurance to validate coverage for their entity. Insurance coverage for other agencies within the Co-op shall apply only to those agencies individually. 11. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac,its elected and appointed officials and employees from any and all claims,suits,actions,damages,liability,and expenses(including attorneys'fees)in connection with loss of life,bodily or personal injury,or property damage,including loss of use thereof,directly or indirectly caused by, resulting from,arising out of or occurring in connection with the operations of the Proposer or his Subcontractors,agents,officers,employees or independent contractors, excepting only such loss of life,bodily or personal injury,or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 12. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the parties.It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes,including but not limited to,the application of the Fair Labor Standards Act minimum wage and overtime payments,Federal Insurance Contribution Act,the Social Security Act,the Federal Unemployment Tax Act,the provisions of the Internal Revenue Code,the State Worker's Compensation Act,and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided,further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Contractor,which policies of Contractor shall not conflict with City,State,or United States policies,rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City,that it had full opportunity to find other business,that it has made its own investment in its business,and that it will utilize a high level of skill necessary to perform the work.Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor,including but not limited to unpaid minimum wages and/or overtime premiums. 13. SCRUTINIZED COMPANIES F.S.287.135 and 215.473 Bidder must certify that the company is not participating in a boycott of Israel.Bidder must also certify that Bidder is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria.Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Bidder must submit the certification that is attached to this contract.Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Bidder of the City's determination concerning the false certification.The Bidder shall have five(5)days from receipt of notice to refute the false certification allegation.If such false certification is discovered during the active contract term,the Bidder shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Bidder does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. 14. RECORDS/AUDITS 14.1 The City of Tamarac is a public agency subject to Chapter 119,Florida Statutes. The successful Bidder shall comply with Florida's Public Records Law. Specifically,the Contractor shall: 14.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 14.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119,Fla.Stat.,or as otherwise provided by law; 14.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law;and 14.1.4 Meet all requirements for retaining public records and transfer to the City,at no cost,all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt.All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce any available contract remedies in force including termination of the Agreement. 14.2 During the term of the contract,the successful Bidder shall maintain all books,reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract.The form of all records and reports shall be subject to the approval of the City's Auditor.The successful Bidder agrees to make available to the City's Auditor,during normal business hours and in Broward,Dade or Palm Beach Counties,all books of account,reports and records relating to this Bid Number: 20-21 B Vendor Name: LhoiSt North AmeriW oflg�r 1 L�9 contract. 15. UNBALANCED BIDS When a unit price Bid has variable or estimated quantities,and the Bid shows evidence of unbalanced Bid pricing,such Bid may be rejected. 16. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Proposer's submitted Schedule of Bid Prices or Price Bid Form,the unit prices shall prevail. 17. VENUE Any Agreement resulting from this solicitation shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County,Florida. 18. CUSTODIAN OF RECORDS IF THE BIDDER 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 CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88th AVENUE ROOM 101 TAMARAC,FL 33321 (954)597-3505 CITYCLERKATAMARAC.ORG Remainder of Page Intentionally Blank P We(1),the undersigned,hereby agree to furnish the item(s)/service(s)described in the Request of Quotation.We(1)certify that we(1)have read the entire document,including the Specifications,Additional Requirements,Supplemental Attachments,Instructions to Bidders,Terms and Conditions,and any addenda issued.We agree to comply with all of the requirements of the entire Request for Quotation - Dale James,Sales Manager,Lhoist North America of Alabama,LLC The bidder shall declare any potential conflict of interest that could arise from bidding on this bid.Do you have a potential conflict of interest?r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. I have reviewed the File Name below addendurn and Pages afEachments(if applicable) There have not been any addenda issued for this bid. Bid Number: 20-21 B Vendor Name: LhoiSt North AmeriW of lgg�O 1 L�9 Bid Number: 20-21 B Vendor Name: Lhoist North American l ig�4 O 1 L�9 20-21B - Furnish, Delivery and Discharge of Quicklime Opening Date:August 12, 2020 5:45 PM Closing Date: August 31, 2020 3:00 PM Vendor Details Company Name: Carmeuse Lime&Stone Does your company conduct business under any other name?If PA yes, please state: 11 Stanwix Street Address: Pittsburgh, PA 15222 Contact: Jeff McElhinny Email: jeff.mcelhinny@carmeuse.com Phone: 412-995-2025 Fax: 412-995-2025 HST#: 25-1254420 Submission Details Created On: Tuesday August 18,2020 10:38:56 Submitted On: Friday August 21, 2020 14:38:56 Submitted By: Jeff McElhinny Email: jeff.mcelhinny@carmeuse.com Transaction#: 12b06e15-86a9-472e-a0bf-55cOb79b0203 Submitter's IP Address: 12.91.164.154 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Bid Number: 20-21 B Vendor Name: CarF'useL9' 9%Otto Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid,at the unit prices, and/or lump sums,hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner. If the line item and/or table is"NON-MANDATORY"and you are not bidding on it,leave the table and/or line item blank.Do not enter a$0.00 dollar value. All funds are to be submitted in USD currency. Type 1—Pebble Lime I✓ We will not be submitting for Type 1—Pebble Lime # AGENCY ' DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON* FREIGHT CHARGER Agency Total 1 Broward County Dist. 1 3701 N State Road 7 2500 2 Broward County Dist. 2 1390 NE 51 St. 4500 3 City of Coral Springs 3800 NW 85th Avenue, Coral Springs 1352 Note: Must deliver between 800 AM and 4:00 PM Monday to Friday ONLY. 4 Town of Davie 3500 NW 76th Avenue, Hollywood 1000 5 City of Dania Beach 1201 Stirling Road, Dania Beach 350 6 City of Deerfield Beach 290 Goolsby Blvd. —West Plant, Deerfield Beach 1415 7 City of Fort Lauderdale 949 NW 38th St., Ft. Lauderdale 11500 Must deliver between 7:00AM and 3:00 Daily. 8 City of Hallandale Beach 630 NW 6th Avenue, Hallandale 900 Delivery to be made by a tanker truck @ 25 Tonstshipment. Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. 9 City of Lake Worth Beach 301 College St., Lake Worth Beach 525 10 City of Lauderhill 2101 NW 49th Avenue, Lauderhill 1825 11 City of North Lauderdale 841 NW 71st Avenue, North Lauderdale 650 12 City of North Miami 12098 NW 11th Ave, North Miami 1150 13 Village of Palm Springs 360 David Road, Palm Springs 600 14 Village of Palm Springs 5618 Basil Drive, West Palm Beach 600 15 City of Pompano Beach City of Pompano Beach 2200 16 City of Riviera Beach 800 W. Blue Heron Blvd., Riviera Beach 1588 17 City of Sunrise 4350 Springtree Drive, Sunrise 12400 18 City of Sunrise 15400 Sludge Mill Road, Davie 1600 19 Village of Wellington 1100 Wellington Trace, Wellington 11330 Subtotal: Not Submitting Type 1A--Foundry/Rice Lime I✓ We will not be submitting for Type 1A--Foundry/Rice Lime AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON FREIGHT CHARGE" Agency Total 1 City of Boynton Beach 124 E. Woolbright Rd., Boynton Beach 1685 2 City of Delray Beach 201 SW 7th St., Delray Beach 3650 3 City of Hollywood 3441 Hollywood Blvd., Hollywood 2400 4 City of Margate 980 NW 66th Ave, Margate 2000 5 City of North Miami Beach 19150 NW 8th Ave, Miami Gardens 3000 6 City of Pembroke Pines 7960 Johnson Street, Pembroke Pines 14200 7 City of Tamarac 7803 NW 61st Street, Tamarac 1500 8 City of West Palm Beach 11009 Banyan Blvd., West Palm Beach 15200 Subtotal: Not Submitting Type 2—Hi CAL Granular We will not be submitting for Type 2—Hi CAL Granular # AGENCY I DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON* FREIGHT CHARGE* Agency Total' 1 ICity of Hollywood lWastewater, 1621 N14th Ave, Hollywood 15550 1$190.0000 1$100.9900 $1,614,994.50 Subtotal: $1,614,994.50 Bid Number: 20-21 B Vendor Name: CarF'useL9' 9%0Pto Summary Table Bid Form Amount Type 1—Pebble Lime Not Submitting Type 1A--Foundry/Rice Lime Not Submitting Type 2—Hi CAL Granular $1,614,994.50 Subtotal Contract Amount: $1,614,994.50 Bid Questions TERMS: %(percent discount,if any,if payment made within DAYS,otherwise,terms net 30,no discount for early payment are NET 30 days. The City of Tamarac desires to have the ability to use a city credit card for payment.Will your firm accept a NO Visa credit card as payment from the City of Tamarac?TYPE:YES or NO Does the firm produce the lime being sold?TYPE: YES or NO If yes,provide detailed information regarding your production facilities in your narrative response to be uploaded herein.If no,please provide detailed information regarding the following in your YES,we have a facility that quarries and calcines the lime in question in Saginaw,Alabama.The material is transported from there to one of narrative response touploaded herein:-The source of your lime,andd-The specific point(s)of several terminals within Florida.Most of our supply will come out of our Pompano terminal. origin for the production of lime to be provided under the Agreement,and-The staging area(s)for lime deliveries to CO-OP Members,including the capacity of staging area(s)expressed in tons. Provide detailed information on your firm's method for We only have capacity to bid on the Type-2 HiCal for Hollywood,FL WWTP. distributing the lime to CO-OP Members. The City may request the firm's most recently completed audited financial statement to determine the firm's ability to meet the obligations of the CO-OP NO,we are a private corporation. Agreement.Are you able to provide this information if requested by the City?TYPE:Yes or No Specifications CERTIFICATION We(1),the undersigned,hereby agree to furnish the item(s)/service(s)described in the Invitation to Bid.We(1)certify that we(1)have read the entire document,including the Specifications,Additional Requirements,Supplemental Attachments,Instructions to Bidders,Terms and Conditions,and any addenda issued.We agree to comply with all of the requirements of the entire Invitation to Bid. Indicate which type of organization below: Contractor's Email address Indicate which type of NumbFederal Tax ID Company Name" Address* Telephone" �� City* State* ZIP" License for above organization* Number Number signer* CORPORATION Carmeuse Lime 11 Stanwix St, 4129952025 Pittsburgh PA 15222 N/A 25-1254420 salesinquiries@ & Stone 21st flr I carmeuse.com Bid Number: 20-21 B Vendor Name: Carry use L�e_&�$tQ�p99 VENDOR DRUG-FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087,Florida Statutes.This requirement affects all public entities of the State and becomes effective January 1,1991.The special condition is as follows: IDENTICAL TIE BIDS-Preference may be given to businesses with drug-free workplace programs.Whenever two or more bids that are equal with respect to price,quality,and service are received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program.In order to have a drug-free workplace program,a business shall: Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 3. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after each conviction. 4. Impose a section on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.As the person authorized to sign the statement,I certify that this form complies fully with the above requirements. I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything Outlined in this Section *Yes * No BIDDER'S QUALIFICATION STATEMENT If Vendor is Have you Have you operating ever been eve[ under debarred or Are you a received a Fictitious Are you Are you Has your Underwhatformer � suspended Sales con#ractora Name, p Certified?If Licensed?If company How many years has you[organization name(s)has your from doing Representati purchase Line submit Yes,attach ! Yes,attach ever' if Yes, been in business under its present business operated?Also business ve of the order from Item . evidence of copy is copy se declared explain: name.* List formeraddress(esithany commodities the City of compliance to Package* License to bankruptcy. of that business(if any).*government !services hid Tamarac or with Florida toiPackage* Package;* Fictitious al entI1YY�.If upon?^ other Name Yes, government Statute, Explain al entity? 1 160 None None No R Yes r Yes r Yes N/A Manufacturer f•Yes r No G No F No (' No Bid Number: 20-21 B Vendor Name: CarF'useL9' 9%Otto Scrutinized Companies and Boycott of Israel I certify that my company will not: 1. Participate in a boycott of Israel;and 2. Is not on the Scrutinized Companies that Boycott Israel List;and 3. Is not on the Scrutinized Companies with Activities in Sudan List;and 4. Is not on the.Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's determination concerning the false certification.The Contractor shall have ninety(90)days following rece!ipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute§287.135.Section 287.135,Florida Statutes,prohibits the City from: 1)Contracting with companies for goods or services in any amount if at the time of bidding on,submitting a proposal for,or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,F.S.or is engaged in a boycott of Israel;and 2)Contracting with companies,for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s.215.473,or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor,I hereby certify that the company identified above in the section entitled"Contractor Name"does not participate in any boycott of Israel,is not listed on the Scrutinized Companies that Boycott Israel List,is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List,and is not engaged in business operations in Syria.I understand that pursuant to section 287.135,Florida Statutes,the submission of a false certification may subject the company to civil penalties,attorney's fees,and/or costs.I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed oin the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I Hereby Ac knowledge the Scrutinized Companies-,'287.135 and 215A73 Information Below and will Abide by Everything outlined in this Sectioni r:Yes (- No By execution of this Agreement,Contractor certifies that the Contractor is not participating in a boycott of Israel.The Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has the Contractor been engaged in business operations in Cuba or Syria.Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's determination concerning the false certification.The Contractor shall have five(5)days from receipt of notice to refute the false certification allegation.If such false certification is discovered during the active contract term,the Contractor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. Firm's Primary Ownership Which of the following If Other Please Which of the following best best describes the gentler Please selectthe current certification your firm Indicate the agency or agencies that Enter Information Line primary the (at lefty of your firm's Item of your firm's primary primary owner(a!least 51°lo holds:(*NOTE Proof of Certification must be have granted the certification to your Here:(If NONE owner)at least 51 Ia included in Document Upload Section) firm: Enter the word ownership): ownership):'j "NONE") 1 Not Applicable Caucasian/White None Other None APPENDIX A-PART 1-CONTRACTOR PASS REQUEST CONTACT INFORMATION Vendor Name* VendorAddress* Ivendor Contact Name: I Vendor Contact Telephone No. Walpole 269 NW 9th St, Okeechobee, John Cincotta 813-623-1702 FL 34972 N/A N/A I N/A N/A APPENDIX A-PART 2--CONTRACTOR PASS REQUEST-LIST OF CONTRACTOR EMPLOYEES REQUIRING ACCESS TO FACILITIES Mame R I Work to Be Performedi* Walpole IDelivery of Lime References REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Item i Company Name R Legal Address* Contact Name R Phone Number" Email Address 1 Miami Dade Water 111 NW 1st Street, Miami, FL Herman Ramsey 305-375-2851 Unknown 33128 2 City of Boca Raton 201 West Palmetto Park Rd, Sean Sexton 561-338-7324 Unknown Boca Raton, FL 33432 3 Tampa Bay Water 2575 Enterprise Rd, Clearwater, Ken Enlow 813-626-8708 ext. 239 Unknown FL 33763 4 City of Hollywood 3441 Hollywood Blvd, Ralph Dierks 954-921-3223 Unknown Hollywood, FL 33020 5 ICity of Palm Bay, FL 11103 Troutman Blvd NE Isusan Blair 321-952-3424 ext. 3229 Junknown Bid Number: 20-21 B Vendor Name: Carpe 0�to Documents It is your responsibility to make sure the uploaded file(s)is/are not defective or corrupted and are able to be opened and viewed by the Owner.If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. • Non-Collusive Affidavit&Acknowledgement Non-Collusive Affidavit-NON-COLLUSIVE AFFIDAVIT-signed.pdf-Friday August 21,2020 14:32:08 • Certified Resolution-Carmeuse Lime&Stone Inc Officers and Directors Resolution 2019 FINAL.pdf-Tuesday August 18,2020 11:20:59 • Certificate of Insurance Proof of Compliance with Requirements-City of Hollywood COI.pdf-Tuesday August 18,2020 11:24:58 • W9 Form-W-9 Carmeuse Lime&Stone Inc.pdf-Tuesday August 18,2020 11:21:23 • Vendor Narrative to address any issues as requested in the bid document-Vendor Narrative.pdf-Friday August 21,2020 14:37:18 Bid Number: 20-21 B Vendor Name: Carrrpuus�eLjp�,&�$tQ�p99 Addenda,Terms and Conditions B. STANDARD TERMS&CONDITIONS These standard terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes,Request for Bids and Request for Proposals.As such the words"bid"and"proposal"are used interchangeably in reference to all offers submitted by prospective Proposers. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these Standard Terms and Conditions shall have precedence over these Standard Terms and Conditions. If no changes or deletions to Standard Terms and Conditions are made in any Special Conditions which may be contained herein,or in the Scope of Work,then the Standard Terms and Conditions shall prevail in their entirety. 1. PERFORMANCE Failure on the part of the Bidder to comply with the conditions,terms,specifications and requirements of the Bid shall be just cause for cancellation of the Bid award; notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting.The City may,by written notice to the Bidder, terminate the contract for failure to perform.The date of termination shall be stated in the notice.The City shall be the sole judge of nonperformance. 2. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this Bid shall be new,warranted for their merchantability,fit for a particular purpose,free from defects and consistent with industry standards.The products shall be delivered to the City in excellent condition.In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications,the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment.The warranty period shall commence upon final acceptance of the product. 3. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing,producing or selling the goods shipped or ordered as a result of this Bid.The seller agrees to hold the City harmless from all liability,loss or expense occasioned by any such violation. 4. SAFETY STANDARDS The Bidder warrants that the product(s)supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter 442,Florida Statutes as well as any industry standards,if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet(MSDS). 5. INSPECTION The City shall have the right to inspect any materials,components,equipment,supplies,services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 6. TERMINATION a. DEFAULT:In addition to all other remedies available to the City,this Agreement shall be subject to cancellation by the City for cause,should the Contractor neglect or fail to perform or observe any of the terms,provisions,conditions,or requirements herein contained,if such neglect or failure shall continue for a period of thirty(30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY:Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein,the final Agreement may be terminated by the City for convenience,upon seven(7)days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date,including services reasonably related to termination.In the event that the Contractor abandons this Agreement or causes it to be terminated,Contractor shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT:This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 7. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this Bid without the prior written consent of the City.Any award issued pursuant to this Bid and monies that may become due hereunder are not assignable except with prior written approval of the City.For purposes of this Agreement,any change of ownership of the proposer shall constitute an assignment which requires City approval.However,this Agreement shall run to the benefit of the City and its successors and assigns. 8. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City.The Bidder shall supply competent and physically capable employees.The City may require the Bidder to remove an employee it deems careless,incompetent,insubordinate or otherwise objectionable.Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. 9. NON-DISCRIMINATION&EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract,the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race,color,sex including pregnancy,religion,age,national origin,marital status,political affiliation,familial status,sexual orientation,gender identity and expression,or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment,without regard to their race,color,sex including pregnancy,religion,age,national origin,marital status,political affiliation,familial status,sexual orientation,gender identity or expression,or disability if qualified. Such actions must include,but not be limited to,the following: employment,promotion;demotion or transfer;recruitment or recruitment advertising,layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places,available to its employees and applicants for employment,notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.The Contractor further agrees that he/she will ensure that all subcontractors,if any,will be made aware of and will comply with this nondiscrimination clause. 10. INSURANCE REQUIREMENTS Bidder agrees to,in the performance of work and services under this Agreement,comply with all federal,state,and local laws and regulations now in effect,or hereinafter enacted during the term of this agreement that are applicable to Contractor,its employees,agents,or subcontractors,if any,with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk&Safety Officer before beginning work under this Agreement.Proposer shall maintain such insurance in full force and effect during the life of this Agreement.Proposer shall provide to the City's Risk&Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement.Proposer shall indemnify and save the City harmless from any damage resulting to it for Bid Number: 20-21 B Vendor Name: Car rrl�uus�eLjp�e O$tQ�p99 failure of either Proposer or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage,which the Proposer agrees to maintain during the term of this contract: • General Liability-$1M per occ./$2M aggregate • Automobile—$1M per occ./$1M aggregate • Workers Comp—Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement.The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M.Best's Key Rating Guide and be licensed to do business in Florida.Policies shall be"Occurrence"form.Each carrier will give the City sixty(60)days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an"additional insured".The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City.The Bidder shall be responsible for the payment of all deductibles and self-insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self-insured retention.If the Bidder is to provide professional services.The City reserves the right to request the successful Bidder to provide the City with evidence of Professional Liability insurance with,at a minimum,a limit of$1,000,000 per occurrence and in the aggregate."Claims-Made"forms are acceptable for Professional Liability insurance in the event that the successful Proposer provides professional services as agreed upon with City. Contractor shall at a minimum,provide the level of coverage provided as stated in Section 10"Insurance"of the Standard Terms and Conditions herein of this Agreement to any other organization in the Southeast Florida Governmental Purchasing Cooperative,and shall provide those agencies with their own Certificate of Insurance to validate coverage for their entity. Insurance coverage for other agencies within the Co-op shall apply only to those agencies individually. 11. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac,its elected and appointed officials and employees from any and all claims,suits,actions,damages,liability,and expenses(including attorneys'fees)in connection with loss of life,bodily or personal injury,or property damage,including loss of use thereof,directly or indirectly caused by, resulting from,arising out of or occurring in connection with the operations of the Proposer or his Subcontractors,agents,officers,employees or independent contractors, excepting only such loss of life,bodily or personal injury,or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 12. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the parties.It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes,including but not limited to,the application of the Fair Labor Standards Act minimum wage and overtime payments,Federal Insurance Contribution Act,the Social Security Act,the Federal Unemployment Tax Act,the provisions of the Internal Revenue Code,the State Worker's Compensation Act,and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided,further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Contractor,which policies of Contractor shall not conflict with City,State,or United States policies,rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City,that it had full opportunity to find other business,that it has made its own investment in its business,and that it will utilize a high level of skill necessary to perform the work.Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor,including but not limited to unpaid minimum wages and/or overtime premiums. 13. SCRUTINIZED COMPANIES F.S.287.135 and 215.473 Bidder must certify that the company is not participating in a boycott of Israel.Bidder must also certify that Bidder is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria.Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Bidder must submit the certification that is attached to this contract.Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Bidder of the City's determination concerning the false certification.The Bidder shall have five(5)days from receipt of notice to refute the false certification allegation.If such false certification is discovered during the active contract term,the Bidder shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Bidder does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. 14. RECORDS/AUDITS 14.1 The City of Tamarac is a public agency subject to Chapter 119,Florida Statutes. The successful Bidder shall comply with Florida's Public Records Law. Specifically,the Contractor shall: 14.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 14.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119,Fla.Stat.,or as otherwise provided by law; 14.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law;and 14.1.4 Meet all requirements for retaining public records and transfer to the City,at no cost,all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt.All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce any available contract remedies in force including termination of the Agreement. 14.2 During the term of the contract,the successful Bidder shall maintain all books,reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract.The form of all records and reports shall be subject to the approval of the City's Auditor.The successful Bidder agrees to make available to the City's Auditor,during normal business hours and in Broward,Dade or Palm Beach Counties,all books of account,reports and records relating to this Bid Number: 20-21 B Vendor Name: Carry us eL& �$tQ�p99 contract. 15. UNBALANCED BIDS When a unit price Bid has variable or estimated quantities,and the Bid shows evidence of unbalanced Bid pricing,such Bid may be rejected. 16. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Proposer's submitted Schedule of Bid Prices or Price Bid Form,the unit prices shall prevail. 17. VENUE Any Agreement resulting from this solicitation shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County,Florida. 18. CUSTODIAN OF RECORDS IF THE BIDDER 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 CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88th AVENUE ROOM 101 TAMARAC,FL 33321 (954)597-3505 CITYCLERKATAMARAC.ORG Remainder of Page Intentionally Blank P We(1),the undersigned,hereby agree to furnish the item(s)/service(s)described in the Request of Quotation.We(1)certify that we(1)have read the entire document,including the Specifications,Additional Requirements,Supplemental Attachments,Instructions to Bidders,Terms and Conditions,and any addenda issued.We agree to comply with all of the requirements of the entire Request for Quotation - Jeff McElhinny,Inside Sales Representative,Carmeuse Lime&Stone The bidder shall declare any potential conflict of interest that could arise from bidding on this bid.Do you have a potential conflict of interest?r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. I have reviewed the File Name below addendurn and Pages afEachments(if applicable) There have not been any addenda issued for this bid. Bid Number: 20-21 B Vendor Name: Carry us eL& �$tQ�p99 Bid Number: 20-21 B Vendor Name: Carrrpuse eL' oFtM9 INVITATION TO BIDI rAMARAC The City For Your Life ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 20-21 B Furnish, Deliver and Discharge of Quicklime Publish Date: Bid Due and Bid Opening Date: 08/12/2020 08/31/2020 at 3:00 PM Pre-Bid Conference: Where to Deliver Bid None Required Online At: https://tamarac.bidsandtenders.org All Questions Due: 08/20/2020 by 5:00 PM For Public Services Department and The Southeast Florida Governmental Purchasing Cooperative 9 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division INSTRUCTIONS TO BIDDERS & A. INSTRUCTIONS TO BIDDERS STANDARD TERMS AND CONDITIONS 1. INTRODUCTION &AUTHORITY 20-21 B It is the intent of the City to award to the most responsible and responsive Responding firm. The City reserves the FURNISH, DELIVER AND DISCHARGE OF right to accept or reject any or all responses and to waive QUICKLIME any informality concerning the responses when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the response OUR VISION &MISSION on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest Our Vision: The City of Tamarac, our community of choice of the City. -- leading the nation in quality of life through safe This solicitation is issued pursuant to the City of Tamarac neighborhoods, a vibrant economy, exceptional customer Code, Chapter 6, "Finance & Taxation", Article V, service and recognized excellence. "Purchasing Procedures", Section 6-141 et seq. Our Mission: We Are "Committed to Excellence. . . 2. TYPES OF SOLICITATIONS ISSUED BY THE CITY Always"It is our job to foster and create an environment that Anytime the City releases a new solicitation it will contain a suffix of one of the following types: Responds to the Customer Creates and Innovates B= Invitation for Bid (ITB) Works as a Team R= INVITATION TO BID(ITB) Achieves Results, and Makes a Difference L=Letter of interest(LOI) Q=Request for Qualifications(RFQ) In the fulfillment of our vision and mission, as stewards of RB=Re-Bid the public trust, we value vision, integrity, efficiency and RP=Re-Proposal quality service. FQ=Formal Quotation (RFFQ) Our vendors are truly partners in meeting these IQ= Informal Quotation (RFIQ) commitments to the community, and in support of that HQ= Housing Quotation (RFHQ) vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment This prefix/suffix will determine what type of solicitation the to quality, efficiency, teamwork and customer service are City will be utilizing. employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and 3. DEFINED TERMS efficient service that is provided on time and as ordered;in a manner that improves the overall value of the services 3.1 "Addenda" — Written or graphic instruments that the City provides to its residents. In addition, we issued prior to the opening of Solicitations expect our vendors to work with the City as a team and which clarify, correct, or change the solicitation exhibit the highest level of integrity when dealing with any requirements or the contract document. office or department of the City. 3.2 "Agreement" — The written agreement Diligence in the execution of the requirements of this between the City and the Contractor covering proposal will ultimately contribute to the overall quality of the Work to be performed including other services provided to the entire community. The City is Contract Documents that are attached to the searching for a firm who will exemplify these ideals in the Agreement and made a part thereof. execution of their work, and the successful firm will be measured against the performance standards outlined in 3.3 "City" - the City of Tamarac, a municipal this bid invitation. corporation of the State of Florida. ACCESSIBILITY 3.4 "Contract Administrator" — The The information contained in this document is available in Department's Director, or some other an accessible format at: employee expressly designated as Contract https://tamarac.bidsandtenders.org/Module/Tenders/en. Administrator in writing by the Director, who is the representative of the Board concerning the Contract Documents. _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- elrv..rY� �rschar � .. urcklrrr� Page 976 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division 3.5 "Contract Documents" —The contract documents consist of this Agh9YWPf,dr WAS 6P Er_c r rd"MqG@fi 1, Supplement; supplements, Change Orders and Work City to terminate the contract under the directive changes issued on or after the standard terms and conditions which govern effective date of the Contract. These contract termination. contract documents form the Agreement, 3.12 "Project" — the total scope of work for and all are as fully a part of the Agreement if which the Contractor is responsible under attached to this Agreement or repeated this agreement, including all labor, therein. materials, equipment and transportation used or incorporated in such performance of 3.6 "Contractor" -the individual(s)or firm(s)to contract work. whom the award is made and who executes the Contract Documents. 3.13 "Project Manager" —The City's authorized 3.7 "Co-op" or "Cooperative" — The project representative who is responsible for the full scope of project management tasks Southeast Florida Governmental Purchasing including authorizing and monitoring the Cooperative. work of consultants, vendors, and field staff of assigned projects. The Project Manager 3.8 "On-line e-procurement system" or "e- also is responsible to ensure successful procurement system" — The City of completion of projects. Tamarac's solicitation management partner "bidsandtendersTM" 3.14 "Request for Proposals (ITB)" -- A 3.9 "bidsandtendersTM" -- The City of Request for Proposals (ITB) is a method of procurement permitting discussions with Tamarac's on-line solicitation management responsible respondents and revisions to partner and the e-procurement system used proposals prior to award of a contract. procurement system and the City. The terms "on-line e- Proposals will be opened in private. Award prmay be made based on the responses "bidsandtendersTM" may be used based on the criteria set forth herein. interchangeably herein. 3.15 "Respondent/Offeror/Proposer" - one 3.10 "Notice to Proceed" — A written notice who submits a Proposal in response to a given by the City to the Contractor fixing the solicitation, as distinct from a Sub- date on which the Contract Time will Respondent,who submits a Proposal to the Sub- commence to run and on which the Offeror. Contractor shall start to perform the Contractor's obligations under the Contract 3.16 "Response Documents/Proposal" - the Documents. Request for Qualifications, Instructions to Offerors, Respondent's Qualifications 3.11 "Performance Based Contract" -- A Statement, Non-Collusive Affidavit, Certified contracting model whereby satisfactory Resolution, Vendor Drug-Free Workplace, performance under the contract,will result in Respondent's Proposal, Proposal Security the City's exclusive use of the contractor for and Specifications, if any, and the proposed all contractual purchases for the full period Contract Documents (including all Addenda specified as the contract term for the issued prior to opening of Proposals). individual services as awarded. Unsatisfactory performance by the 3.17 "Specifications" — Those portions of the contractor shall result in the contractor's loss Contract Documents consisting of written of exclusivity. If, in the sole judgment of the technical descriptions of materials, City, the contractor is not providing equipment, standards and workmanship as satisfactory service, the exclusive applied to the work and certain contractual relationship between the City administrative details applicable thereto. and the contractor may be terminated, without penalty, by the City at any time after 3.18 "Subcontractor" — An individual, firm or it has purchased the guaranteed volume of corporation having a direct Contract with the goods or services as specified in the Special Contractor or with any other Subcontractor Conditions and/or the Scope of Work. The for the performance of a part of any work. principle of Performance Based Contracting, 3.19 "Successful Offeror/Respondent" - the _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- e1rv..rY� �rschar � .. urcklrrr� Page 977 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division qualified, responsible and responsive this proposal document prior to the response Offeror/Respondent to whom City (on the opening date indicated by written addenda. Written basis of City's evaluation as hereinafter addenda shall serve as the sole means of provided)makes an award. clarification. The City shall not be responsible for oral interpretations given by any City employee or 3.20 "Supplier" — A manufacturer, fabricator, its representative. supplier,distributor, materialman or vendor. 4.5 **** SPECIAL NOTE -- Addendums will only 3.21 "Term Contract" -- A requirements be issued electronically through the City's web-site. agreement by which a specific good or Vendors will be notified of the availability of new service may be obtained from a vendor at a solicitations and addendums via e-mail (per the specific price for a specific timeframe. vendor's selected commodity choice). 3.22 "Unit Price Work"—Work to be paid for on It is essential that all vendors receiving a bid or the basis of unit prices. proposal download the document from the City's web-site. 3.23 "Work" — The entire completed scope of All responding firms must visit work or the various separately identifiable https://tamarac.bidsandtenders.org to download parts thereof required to be provided under response documents. Responders must create a the Contract Documents. Work is the result New Account with the City's solicitation distribution of performing services,specifically, including partner, bids&tendersTM, and must select the but not limited to furnishing labor, commodity codes for which they wish to be notified. documentation, equipment and materials Upon selection of commodity codes and the used or incorporated in the construction of completion of registration, responders will receive the entire Contract Documents. The words electronic e-mail notifications any time new "Project" and "Work" are used solicitations are uploaded for the specific interchangeably. commodity codes selected. The notifications will provide vendors a link, allowing the vendor to 3.24 "Written Amendment" — A written download the package and receive all new amendment of the Contract Documents, addendums released by the City for that signed by the CITY and the Contractor on or solicitation. It is the Contractor's responsibility to after the Effective Date of the Agreement select the correct Commodity Code associated with what type of items or services they can provide to and normally dealing with non-technical the City. aspects rather than strictly work related aspects of the Contract Documents. Upon completion of the registration process, a confirming e-mail will be sent to the individual who 4. CLARIFICATION &ADDENDA registered. Addendums will be uploaded to the City's website but regardless of the means of 4.1 Where there appears to be variances or conflicts transmission of an Addendum it is the responsibility between the General Terms and Conditions and of the bidder or proposer to ensure that they have the Special Conditions and/or Scope of Work received all addendums issued for a solicitation outlined in this document, the Special Conditions prior to submitting a response. Offerors shall be and/or the Scope of Work shall prevail. solely responsible for maintaining accurate contact data with the Responses and Tenders. The City 4.2 The responding firm shall examine all response shall under no circumstances be responsible for documents and shall judge all matters relating to and errors or omissions in vendor's contact the adequacy and accuracy of such documents. If, information on file with. Updates to contact upon review, any material errors in specifications information may be requested by contacting Bids are found, the Responding firm shall contact the and Tenders at supportgbidsandtenders.orq. Purchasing & Contracts Division Office 5. SUBMISSION OF THE BID immediately. The Responding firm is directed to submit all bids online at 4.3 Any inquiries, suggestions, requests concerning https://tamarac.bidsandtenders.org/Module/Tenders/e clarification, or requests for additional information n no later than the date and time specified on the shall be submitted online at cover page of this solicitation document. Bids will not https://tamarac.bidsandtenders.o[g . be considered and cannot be entered online after the above referenced closing date. The City will not be 4.4 The City of Tamarac reserves the right to amend responsible for a late bid as a result of the vendor's _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- e1rv..rY� �rschar � .. urcklrrr� Page 978 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division inability to respond and upload their bid response in a alterations,or irregularities of any kind. timely manner. It is the Responding firm's responsibility to read and 7.2 City reserves the right to reject the Bid of any understand the requirements of this bid request. Offeror if City believes that it would not be in its Unless otherwise specified, the Responding firm must best interest to make an award to that Offeror, use the bid form located online for Invitation for Bid whether because the Bid is not responsive, the document. All bids shall be submitted in the English Offeror is unqualified, of doubtful financial ability, or language. All prices, terms and conditions bid in the fails to meet any other pertinent criteria established submitted response shall be expressed in U.S. Dollars, and will be firm for acceptance for ninety (90) by City within the scope of the solicitation. calendar days from the date of the bid opening unless otherwise stated by the City. 8. OMISSION OF DETAILS The Responding firm preparing a bid in response to 8.1 The apparent silence of the requirements as to any this solicitation shall bear all expenses associated with its preparation. The Responding firm shall detail, or the apparent omission of a detailed prepare a bid with the understanding that no claim for description concerning any point,shall be regarded reimbursement shall be submitted to the City for as meaning that only the best commercial practice expenses related to its preparation. is to prevail, and that only material and workmanship of the finest quality is to be used. All 6. MODIFICATION AND WITHDRAWAL OF BID interpretations of the specifications shall be made on the basis of this statement. Omission of any 6.1 Bids may be modified or withdrawn by a duly essential details from these specifications will not executed document signed by a corporate officer or relieve the Proposer of supplying such services or other employee with designated signature product(s)as specified. authority. Evidence of such authority must accompany the request for withdrawal or 8,2 For the purpose of evaluation, the Respondent modification. The request must be delivered to the Purchasing and Contracts Division Office at any must indicate any variance or exceptions to the time prior to the deadline for submitting Bids, and stated requirements, no matter how slight. may be alternatively completed on-line at Deviations should be explained in detail. Absence https://tamarac.bidsandtenders.org/Module/Tender of variations and/or corrections will be interpreted to s/en. Withdrawal of a Bid will not prejudice the mean that the Offeror meets all the requirements in rights of an Offeror to submit a new Bid prior to the every respect. Bid opening date and time. 6.2 If, within twenty-four (24) hours after Bids are 9. NON-COLLUSIVE AFFIDAVIT opened, any Offeror files a duly signed, written Each Offeror shall complete the Non-Collusive Affidavit Form notice with the Purchasing Office, and within five and shall submit this form with the response/Bid. The City (5) calendar days thereafter demonstrates to the reasonable satisfaction of City, by clear and considers the failure of the Offeror to submit this document convincing evidence, that there was a material and to be a major irregularity, and may be cause for rejection of substantial mistake in the preparation of its Bid, or the response that the mistake is clearly evident on the face of the Bid, but the intended correct Bid is not similarly 10. CONFLICT OF INTEREST evident, Offeror may withdraw its Bid and any bid security will be returned. Thereafter, the Offeror The award hereunder is subject to the provisions of Chapter may be disqualified from further bidding on the 112 of the State of Florida Statutes. Responding firms shall subject Contract. disclose the nam of any officer, director, partner, proprietor, 7. REJECTION OF BIDS associate or agent who is also a public officer or employee of the City or any of its agencies. 7.1 To the extent permitted by applicable state and federal laws and regulations, City reserves the right 11. QUANTITIES to reject any and all Bids, to waive any and all informalities not involving price, time or changes in Any quantities which may be shown herein, as applicable, the work with the Successful Offeror, and to are estimates only. No guarantee or warranty is given or disregard all nonconforming, non-responsive, implied by the City as to the total amount that may or may unbalanced or conditional Bids. Bids will be not be purchased from any resulting contract. The City considered irregular and may be rejected if they show serious omissions, alterations in form, reserves the right to decrease or increase quantities or add additions not called for, conditions or unauthorized or delete any item from the contract if it is determined that it best serves the interests of the City. _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- e1rv..rY� �rschar � .. urcklrrr� Page 979 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division Please contact the Purchasing & Contracts Division at the 12. DELIVERY number shown on this solicitation document herein as the All items shall be delivered F.O.B. destination to an address first point of contact for more information. specified by the using agency.All delivery costs and charges must be included in the Bid price. The City reserves the right 15. TAXES to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the Bid. The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where 13. SAMPLES AND DEMONSTRATIONS applicable upon request. When requested, samples are to be furnished free of charge 16. RESPONSE TABULATION to the City. If a sample is requested, it must be delivered within seven days of the request unless otherwise stated in After the response time has closed, and after review by the the Bid. Each sample must be marked with the Proposer's Evaluation Committee, a tabulation of points awarded to name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a each response will be posted online at: full demonstration of any product or service before the award https://tamarac.bidsandtenders.org. Offerors will be able to of a contract.All demonstrations will be done at the expense download the tabulation at the link provided directly above. of the Proposer. The City may or may not notify unsuccessful Responding firms of contract awards. 14. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS Pursuant to Florida Statute Chapter 119, Section 7(m), sealed responses and quotations or Bids received by an Firm Pricing: Any pricing provided shall be fixed and firm to agency pursuant to invitations for bid or requests for Bids are the extent required under Special Conditions. In the absence exempt from the provisions of subsection (1) and s. 24(a), of a reference in the Special Conditions, pricing submitted Art. I of the State Constitution until such time as the agency shall be fixed and firm for a period of ninety (90) calendar provides notice of a decision or intended decision pursuant days including when the contract must be approved by to F.S. §120.57(3) (a), or within 30 days after bid/proposal another agency. Payment will be made only after receipt and opening,whichever is earlier. acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall 17. FORM AGREEMENT DOCUMENT not be considered in determining the lowest net cost for response evaluation. The City may attach as a part of this solicitation, a Form Prompt Payment Discounts: Offerors are encouraged to Agreement document. Proposers shall be responsible for provide prompt payment terms. If no payment discount is complying with all of the terms and conditions of the Form offered, the Offeror shall enter zero (0) for the percentage Agreement document if included herein, except where discount to indicate net 30 days. If the Offeror does not enter variant or conflicting language may be included in any a percentage discount, it is understood and agreed that the Special Conditions contained herein. Proposers shall note payment terms shall be two percent (2%)ten (10)days, net any deviation or variance with the Form Agreement thirty(30)days effective on the date that the City receives an document at the time of bid submission. accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the 18. OTHER GOVERNMENTAL ENTITIES mailing of the check. All payments shall be governed by the Local Government Prompt Payment Act, F.S. Chapter 218. This bid is issued on behalf of members of the Southeast (See link for more information) Florida Governmental Purchasing Cooperative. Only those agencies listed in this document will be eligible to participate ****************IMPORTANT NOTE********************** in this contract. Contractor shall provide insurance to each Payments by Electronic Funds Transfer: ALL payments by agency based on the requirements listed herein at a the City will be made by Direct Deposit (ACH)via electronic minimum. Each agency will be responsible for coordinating funds transfer. Vendors must register for direct deposit with their own orders, and the City will not be a party to any the City prior to receiving any payments by providing a "City dispute between Contractor and any other agency besides of Tamarac Consent for Direct Deposit"form (ACH Form)to the City. the City's Financial Services Accounting Division. The form may be accessed on the City of Tamarac web-site at 19. UNBALANCED RESPONSES ht_tps://tamarac.seamlessdocs.conVf/DirectDeposit . When a unit price proposed has variable or estimated _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- e1rv..rY� �rschar � .. urcklrrr� Page 980 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division quantities, and the response shows evidence of unbalanced pricing,the City reserves the right to reject such response. 23.2 During a formal solicitation process, contact with personnel of the City of Tamarac other than the 20. INFORMATION REQUESTS AFTER DUE DATE Purchasing and Contracts Manager or designated representative regarding any such solicitation may Pursuant to Florida Statute Chapter 119, Section 071(1), be grounds for elimination from the selection sealed bids or proposals received by an agency pursuant to process. (Reference: Tamarac Procurement Code invitations to bid or requests for proposals are exempt from Section 6-156.) the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides 24. PROTESTS notice of a decision or intended decision pursuant to F.S. §119.071(1) (b) (2), or within 30 days after bid/proposal Any actual or prospective bidder,offeror,or contractor who is opening,whichever is earlier. aggrieved in connection with the solicitation or award of a contract may protest to the purchasing and contracts 21. BUDGETARY CONSTRAINTS manager.The protest shall be submitted in writing within five (5) business days after such aggrieved person knows or In the event the City is required to reduce contract costs due should have known of the facts giving rise thereto and shall to budgetary constraints, all services specified in this be submitted with the procedures outlined in section 6-154 document may be subject to a permanent or temporary "Appeals and remedies" of he Tamarac procurement code, reduction in budget. In such an event, the total cost for the available at the following link: affected service shall be reduced as required. The haps://www.municode.com/library/fl/tamarac/codes/code ofo Contractor shall also be provided with a minimum 30-day rdinances?nodeld=PTIICO CH6FITA ARTVTAPRCO notice prior to any such reduction in budget. 25. WITHDRAWAL OF BID 22. CONTINGENT FEES PROHIBITED Any Responding firm may withdraw its Bid prior to the The Offeror must warrant that it has not employed or indicated opening time. The request for withdrawal must retained a company or person, other than a bona fide be completed online at employee, contractor or subcontractor,working in its employ, https:Htamarac.bidsandtenders.org/Module/Tenders/en This must be requested prior to the Bid opening date and to solicit or secure a contract with the City, and that it has not time. paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, 26. BACKGROUND INVESTIGATION commission, percentage, gift or other consideration As a part of the Bid evaluation process,the City may conduct contingent upon or resulting from the award or making of a a background investigation including a criminal record check contract with the City. of Proposer's officers and/or employees, by the Broward County Sheriffs Office. Proposer's submission of a Bid 23. PROHIBITION AGAINST LOBBYING constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining During the solicitation of any bid or proposal, any firm and its Proposer's qualifications. agents, officers or employees who intend to submit, or who have submitted, bids or proposals shall not lobby, either individually or collectively, any City Commission members, Remainder of Page Intentionally Blank candidates for City Commission or any employee of the City. 23.1 Contact should only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing and Contracts Division for purposes of obtaining additional or clarifying information. Any action, including meals, invitations,gifts or gratuities by a submitting firm, its officers, agents, or employees shall be within the purview of this prohibition and shall result in the immediate disqualification of that firm from further consideration. _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- elrv..rY� �rschar � .. urcklrrr� Page 981 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division The seller agrees to hold the City harmless from all liability, B. STANDARD TERMS & loss or expense occasioned by any such violation. CONDITIONS 4. SAFETY STANDARDS These standard terms and conditions apply to all offers The Bidder warrants that the product(s)supplied to the City made to the City of Tamarac by all prospective Bidders conform with all respects to the standards set forth in the including but not limited to Request for Quotes, Request for Occupational Safety and Health Act of 1970 as amended, Bids and Request for Proposals. As such the words "bid" and shall be in compliance with Chapter 442, Florida and "proposal' are used interchangeably in reference to all Statutes as well as any industry standards, if applicable. offers submitted by prospective Proposers. Any and all Any toxic substance listed in Section 38F-41.03 of the special conditions in this ITB or any sample agreement Florida Administrative Code delivered as a result of this document that may be in variance or conflict with these order must be accompanied by a completed Material Safety Standard Terms and Conditions shall have precedence over Data Sheet(MSDS). these Standard Terms and Conditions. If no changes or deletions to Standard Terms and Conditions are made in any 5. INSPECTION Special Conditions which may be contained herein, or in the The City shall have the right to inspect any materials, Scope of Work, then the Standard Terms and Conditions components, equipment, supplies, services or completed shall prevail in their entirety. work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of 1. PERFORMANCE the City. Any items rejected shall be removed from the Failure on the part of the Bidder to comply with the premises of the City and/or replaced at the entire expense of conditions, terms, specifications and requirements of the Bid the successful vendor. shall be just cause for cancellation of the Bid award; notwithstanding any additional requirements enumerated in 6. TERMINATION the Special conditions herein relating to performance based a. DEFAULT: In addition to all other remedies contracting. The City may, by written notice to the Bidder, available to the City, this Agreement shall be terminate the contract for failure to perform. The date of subject to cancellation by the City for cause,should termination shall be stated in the notice.The City shall be the the Contractor neglect or fail to perform or observe sole judge of nonperformance. any of the terms, provisions, conditions, or requirements herein contained, if such neglect or 2. CONDITIONS OF MATERIALS failure shall continue for a period of thirty (30)days after receipt by Contractor of written notice of such All materials and products supplied by the Bidder in neglect or failure. conjunction with this Bid shall be new, warranted for their b. TERMINATION FOR CONVENIENCE OF CITY: merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall Notwithstanding any additional requirements for be delivered to the City in excellent condition. In the event performance based contracting contained in the special conditions herein, the final Agreement that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City may be terminated by the City for convenience, reserves the right to return the product to the Bidder at no upon seven (7) days of written notice by the City cost to the City. to the Contractor for such termination in which Successful Bidder shall furnish all guarantees and warranties event the Contractor shall be paid its to the Purchasing Division prior to final acceptance and compensation for services performed to termination date, including services reasonably payment. The warranty period shall commence upon final acceptance of the product. related to termination. In the event that the Contractor abandons this Agreement or causes it 3. COPYRIGHTS OR PATENT RIGHTS to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this Bid. _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- e1rv..rY� �rschar � .. urcklrrr� Page 982 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division c. FUNDING OUT: notices to be provided by the contracting officer setting forth This agreement shall remain in full force and the provisions of this nondiscrimination clause. The effect only as long as the expenditures provided Contractor further agrees that he/she will ensure that all for in the Agreement have been appropriated by subcontractors, if any,will be made aware of and will comply the City Commission of the City of Tamarac in with this nondiscrimination clause. the annual budget for each fiscal year of this Agreement and is subject to termination based 10. INSURANCE REQUIREMENTS on lack of funding. Bidder agrees to, in the performance of work and services 7. ASSIGNMENT under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter The Bidder shall not transfer or assign the performance enacted during the term of this agreement that are required by this Bid without the prior written consent of the applicable to Contractor, its employees, agents, or City. Any award issued pursuant to this Bid and monies that subcontractors, if any, with respect to the work and services may become due hereunder are not assignable except with described herein. prior written approval of the City. For purposes of this Bidder shall obtain at Bidder's expense all necessary Agreement, any change of ownership of the proposer shall insurance in such form and amount as required by the City's constitute an assignment which requires City approval. Risk & Safety Officer before beginning work under this However, this Agreement shall run to the benefit of the City Agreement. Proposer shall maintain such insurance in full and its successors and assigns. force and effect during the life of this Agreement. Proposer shall provide to the City's Risk&Safety Officer certificates of 8. EMPLOYEES all insurance required under this section prior to beginning any work under this Agreement. Proposer shall indemnify Employees of the Bidder shall at all times be under its sole and save the City harmless from any damage resulting to it direction and not an employee or agent of the City. The for failure of either Proposer or any subcontractor to obtain Bidder shall supply competent and physically capable or maintain such insurance. employees. The City may require the Bidder to remove an The following are required types and minimum limits of employee it deems careless, incompetent, insubordinate or insurance coverage, which the Proposer agrees to maintain otherwise objectionable. Proposer shall be responsible to the during the term of this contract: City for the acts and omissions of all employees working under its directions. • General Liability-$1 M per occ./$2M aggregate • Automobile—$1 M per occ./$1 M aggregate 9. NON-DISCRIMINATION & EQUAL OPPORTUNITY • Workers Comp—Statutory EMPLOYMENT The City reserves the right to require higher limits During the performance of the Contract, the Contractor and depending upon the scope of work under this its subcontractors shall not discriminate against any Agreement. employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, Neither Bidder nor any subcontractor shall commence work marital status, political affiliation, familial status, sexual under this contract until they have obtained all insurance orientation, gender identity and expression, or disability if required under this section and have supplied the City with qualified. The Contractor will take affirmative action to evidence of such coverage in the form of an insurance ensure that employees and those of its subcontractors are certificate and endorsement. The Bidder will ensure that all treated during employment, without regard to their race, subcontractors will comply with the above guidelines and will color, sex including pregnancy, religion, age, national origin, maintain the necessary coverage throughout the term of this marital status, political affiliation, familial status, sexual Agreement. orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, All insurance carriers shall be rated at least A-VII per A.M. the following: employment, promotion; demotion or transfer; Best's Key Rating Guide and be licensed to do business in recruitment or recruitment advertising, layoff or termination; Florida. Policies shall be"Occurrence"form. Each carrier will rates of pay or other forms of compensation; and selection give the City sixty(60)days notice prior to cancellation. for training, including apprenticeship. The Contractor and its The Bidder's liability insurance policies shall be endorsed to subcontractors shall agree to post in conspicuous places, add the City of Tamarac as an "additional insured". The available to its employees and applicants for employment, Bidder's Worker's Compensation carrier will provide a _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- e1rv..rY� �rschar � .. urcklrrr� Page 983 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division Waiver of Subrogation to the City. The Bidder shall be contractor under this Agreement and not the City's employee responsible for the payment of all deductibles and self- for any purposes, including but not limited to, the application insured retentions. of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the The City may require that the Bidder purchase a bond to Social Security Act, the Federal Unemployment Tax Act, the cover the full amount of the deductible or self-insured provisions of the Internal Revenue Code, the State Worker's retention. If the Bidder is to provide professional services. Compensation Act, and the State Unemployment Insurance The City reserves the right to request the successful Bidder law. The Contractor shall retain sole and absolute discretion to provide the City with evidence of Professional Liability in the judgment of the manner and means of carrying out insurance with, at a minimum, a limit of $1,000,000 per Contractor's activities and responsibilities hereunder occurrence and in the aggregate. "Claims-Made" forms are provided, further that administrative procedures applicable to acceptable for Professional Liability insurance in the event services rendered under any potential Agreement shall be that the successful Proposer provides professional services those of Contractor, which policies of Contractor shall not as agreed upon with City. conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided Contractor shall at a minimum, provide the level of for herein. The Contractor agrees that it is a separate and coverage provided as stated in Section 10 independent enterprise from the City, that it had full "Insurance" of the Standard Terms and Conditions opportunity to find other business, that it has made its own herein of this Agreement to any other organization in investment in its business, and that it will utilize a high level the Southeast Florida Governmental Purchasing of skill necessary to perform the work. Any potential Cooperative, and shall provide those agencies with Agreement shall not be construed as creating any joint their own Certificate of Insurance to validate employment relationship between the Contractor and the coverage for their entity. Insurance coverage for City and the City will not be liable for any obligation incurred other agencies within the Co-op shall apply only to by Contractor, including but not limited to unpaid minimum those agencies individually. wages and/or overtime premiums. 11. INDEMNIFICATION 13. SCRUTINIZED COMPANIES F.S. 287.135 and 215.473 The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees Bidder must certify that the company is not participating in a from any and all claims,suits, actions,damages, liability,and boycott of Israel. Bidder must also certify that Bidder is not expenses (including attorneys' fees) in connection with loss on the Scrutinized Companies that Boycott Israel list, not on of life, bodily or personal injury, or property damage, the Scrutinized Companies with Activities in Sudan List, and including loss of use thereof, directly or indirectly caused by, not on the Scrutinized Companies with Activities in the Iran resulting from, arising out of or occurring in connection with Petroleum Energy Sector List or has been engaged in the operations of the Proposer or his Subcontractors,agents, business operations in Cuba or Syria. Subject to limited officers, employees or independent contractors, excepting exceptions provided in state law, the City will not contract for only such loss of life, bodily or personal injury, or property the provision of goods or services with any scrutinized damage solely attributable to the gross negligence or willful company referred to above. Bidder must submit the misconduct of the City of Tamarac or its elected or appointed certification that is attached to this contract. Submitting a officials and employees. City reserves the right to select its false certification shall be deemed a material breach of own legal counsel to conduct any defense in any such contract. The City shall provide notice, in writing, to the proceeding and all costs and fees associated therewith shall Bidder of the City's determination concerning the false be the responsibility of Contractor under the indemnification certification. The Bidder shall have five (5)days from receipt agreement. Nothing contained herein is intended nor shall it of notice to refute the false certification allegation. If such be construed to waive City's rights and immunities under the false certification is discovered during the active contract common law or Florida Statute 768.28 as amended from term, the Bidder shall have ninety(90)days following receipt time to time. of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the 12. INDEPENDENT CONTRACTOR Bidder does not demonstrate that the City's determination of false certification was made in error then the City shall have An Agreement resulting from this solicitation does not create the right to terminate the contract and seek civil remedies an employee/employer relationship between the parties. It is pursuant to Section 287.135, Florida Statutes, as amended the intent of the Parties that the Contractor is an independent from time to time. _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- e1rv..rY� �rschar � .. urcklrrr� Page 984 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division 14. RECORDS/AUDITS 16. UNIT PRICES 14.1 The City of Tamarac is a public agency subject to Where a discrepancy between unit price and total price is Chapter 119, Florida Statutes. The successful Bidder shall indicated on a Proposer's submitted Schedule of Bid Prices comply with Florida's Public Records Law. Specifically, the or Price Bid Form,the unit prices shall prevail. Contractor shall: 17. VENUE 14.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the Any Agreement resulting from this solicitation shall be City in order to perform the service; governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this 14.1.2 Provide the public with access to such public agreement is fixed in Broward County, Florida. records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. 18. CUSTODIAN OF RECORDS Stat.,or as otherwise provided by law; 14.1.3 Ensure that public records that are exempt IF THE BIDDER HAS QUESTIONS or that are confidential and exempt from public REGARDING THE APPLICATION record requirements are not disclosed except as authorized by law;and OF CHAPTER 119, FLORIDA 14.1.4 Meet all requirements for retaining public STATUTES, TO THE CONTRACTOR'S DUTY TO records and transfer to the City, at no cost, all public records in possession of the contractor upon PROVIDE PUBLIC RECORDS termination of the contract and destroy any RELATING TO THIS CONTRACT, duplicate public records that are exempt or CONTACT THE CUSTODIAN OF confidential and exempt. All records stored electronically must be provided to the City in a PUBLIC RECORDS AT: format that is compatible with the information technology systems of the agency. The failure of CITY CLERK Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of 7525 NW 88th AVENUE this Agreement and the City shall enforce any ROOM 101 available contract remedies in force including TAMARAC FL 33321 termination of the Agreement. (954) 597-3505 14.2 During the term of the contract, the successful I L T Bidder shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to Remainder of Page Intentionally Blank this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The successful Bidder agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 15. UNBALANCED BIDS When a unit price Bid has variable or estimated quantities, and the Bid shows evidence of unbalanced Bid pricing,such Bid may be rejected. _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- elrv..rY� �rschar � .. urcklrrr� Page 985 of 1269 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division TABLE OF CONTENTS 20-21 B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME INVITATIONTO BID.........................................................................................................................................................................................1 INSTRUCTIONS TO BIDDERS&STANDARD TERMS AND CONDITIONS....................................................................................................2 1. INTRODUCTION&AUTHORITY......................................................................................................................................................2 2. TYPES OF SOLICITATIONS ISSUED BY THE CITY........................................................................................................................2 3. DEFINED TERMS.............................................................................................................................................................................2 4. CLARIFICATION&ADDENDA.........................................................................................................................................................4 5. SUBMISSION OF THE BID...............................................................................................................................................................4 6. MODIFICATION AND WITHDRAWAL OF BID.................................................................................................................................5 7. REJECTION OF BIDS.......................................................................................................................................................................5 8. OMISSION OF DETAILS...................................................................................................................................................................5 9. NON-COLLUSIVE AFFIDAVIT..........................................................................................................................................................5 10. CONFLICT OF INTEREST...........................................................................................................................................................5 11. QUANTITIES................................................................................................................................................................................5 12. DELIVERY...................................................................................................................................................................................6 13. SAMPLES AND DEMONSTRATIONS.........................................................................................................................................6 14. PRICES,PAYMENTS, DISCOUNTS&ELECTRONIC PAYMENTS............................................................................................6 15. TAXES.........................................................................................................................................................................................6 16. RESPONSE TABULATION..........................................................................................................................................................6 17. FORM AGREEMENT DOCUMENT..............................................................................................................................................6 18. OTHER GOVERNMENTAL ENTITIES.........................................................................................................................................6 19. UNBALANCED RESPONSES.....................................................................................................................................................6 20. INFORMATION REQUESTS AFTER DUE DATE........................................................................................................................7 21. BUDGETARY CONSTRAINTS....................................................................................................................................................7 22. CONTINGENT FEES PROHIBITED.............................................................................................................................................7 23. PROHIBITION AGAINST LOBBYING .........................................................................................................................................7 24. PROTESTS..................................................................................................................................................................................7 25. WITHDRAWAL OF BID...............................................................................................................................................................7 26. BACKGROUND INVESTIGATION...............................................................................................................................................7 B.STANDARD TERMS&CONDITIONS..........................................................................................................................................................8 1. PERFORMANCE...............................................................................................................................................................................8 2. CONDITIONS OF MATERIALS.........................................................................................................................................................8 3. COPYRIGHTS OR PATENT RIGHTS...............................................................................................................................................8 4. SAFETY STANDARDS.....................................................................................................................................................................8 5. INSPECTION.....................................................................................................................................................................................8 6. TERMINATION..................................................................................................................................................................................8 7. ASSIGNMENT...................................................................................................................................................................................9 8. EMPLOYEES....................................................................................................................................................................................9 9. NON-DISCRIMINATION&EQUAL OPPORTUNITY EMPLOYMENT...............................................................................................9 10. INSURANCE REQUIREMENTS...................................................................................................................................................9 11. INDEMNIFICATION...................................................................................................................................................................10 12. INDEPENDENT CONTRACTOR................................................................................................................................................10 13. SCRUTINIZED COMPANIES F.S.287.135 and 215.473...........................................................................................................10 14. RECORDS/AUDITS...................................................................................................................................................................11 15. UNBALANCED BIDS.................................................................................................................................................................11 16. UNIT PRICES.............................................................................................................................................................................11 17. VENUE.......................................................................................................................................................................................11 18. CUSTODIAN OF RECORDS......................................................................................................................................................11 TABLEOF CONTENTS...................................................................................................................................................................................12 ADVERTISEMENT INVITATION TO BID(ITB)...............................................................................................................................................14 SOUTHEAST FLORIDA GOVERNMENTAL.........................................................................................................................................................2 PURCHASING COOPERATIVEGROUP........................................................................................................................................................2 SPECIAL INSTRUCTIONS..............................................................................................................................................................................11 1. SE FLORIDA GOVERNMENTAL COOPERATIVE PARTICIPANTS:.............................................................................................11 2. CONTACT INFORMATION AND QUESTIONS................................................................................................................................11 3. DIGITAL FORMS TO COMPLETED WITH BID.........................................................................................................................12 4. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION........................................................................12 SPECIALCONDITIONS..................................................................................................................................................................................13 BID20-21B................................................................................................................................................................................................13 1. PURPOSE OF BID..........................................................................................................................................................................13 2. CONTRACT TERM.........................................................................................................................................................................13 3. PRICING.........................................................................................................................................................................................13 4. BASIS FOR ADJUSTMENT OR REJECTION OF SHIPMENTS.....................................................................................................14 5. DAMAGE TO EQUIPMENT.............................................................................................................................................................14 6. DELIVERY.......................................................................................................................................................................................14 _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- e1rv..rY� �rschar � .. urcklrr � Page 986 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division 7. INVOICING......................................................................................................................................................................................15 8. INSURANCE...................................................................................................................................................................................15 9. REGULATORY COMPLIANCE.......................................................................................................................................................15 11. CAPABILITIES OF THE SUPPLIER..........................................................................................................................................15 12. CONSIDERATION FOR AWARD...............................................................................................................................................16 TECHNICAL SPECIFICATIONS......................................................................................................................................................................17 BIDFORM.......................................................................................................................................................................................................20 APPENDIXA...................................................................................................................................................................................................22 APPENDIXB...................................................................................................................................................................................................23 SAMPLE FORM AGREEMENT.......................................................................................................................................................................24 1. The Contract Documents..............................................................................................................................................................24 2. The Work........................................................................................................................................................................................24 3. Insurance.......................................................................................................................................................................................25 4. Term...............................................................................................................................................................................................26 5. Contract Sum.................................................................................................................................................................................26 6 Payments.......................................................................................................................................................................................27 7 Conditions of Material...................................................................................................................................................................27 8 Indemnification..............................................................................................................................................................................27 9 Non-Discrimination&Equal Opportunity Employment...............................................................................................................28 10 Independent Contractor...........................................................................................................................................................28 11 Assignment and Subcontracting.............................................................................................................................................29 12 Notice........................................................................................................................................................................................29 13 Termination...............................................................................................................................................................................29 14 Uncontrollable Forces..............................................................................................................................................................30 15 Agreement Subject to Funding................................................................................................................................................30 16 Venue........................................................................................................................................................................................30 17 Signatory Authority..................................................................................................................................................................30 18 Severability;Waiver of Provisions..........................................................................................................................................30 19 Merger;Amendment.................................................................................................................................................................30 20 No Construction Against Drafting Party.................................................................................................................................30 21 Scrutinized Companies--287.135 AND 215.473.....................................................................................................................31 22 Public Records.........................................................................................................................................................................31 23 Public Records Custodian.......................................................................................................................................................32 _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- e1rv..rY� �rschar � .. urcklrr � Page 987 of 1269 TAMARAC City of Tarnarac The City For Your Life Purchasing and Contracts Division August 12, 2020 20-21 B ADVERTISEMENT INVITATION TO BID (ITB) ALL QUALIFIED BIDDERS: Sealed Bids, addressed to the Purchasing and Contracts Division of the City of Tamarac, Broward County, Florida, will be received electronically via the City's encrypted procurement management system, bids&tendersTM until 3:00 PM local time, Monday, August 31, 2020 for: Furnish, Deliver and Discharge Quicklime The City of Tamarac is hereby requesting Bids, from qualified Contractors, to Furnish, Deliver and Discharge Quicklime at the City of Tamarac Water Plant property at 7803 NW 61st Street, and on behalf of agencies in The South Florida Governmental Purchasing Cooperative as listed within the Bid document. Sealed Bids must be received electronically via the City's encrypted procurement management system, bids&tendersTM on or before the date and time referenced above. Any Bids received after 3:00 PM on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Bid is received will be resolved against the Bidder. City reserves the right to reject any or all Bidder, to waive any informalities or irregularities in any Bids received, to re-advertise for Bids, to award in whole or in part to one or more Bidders, or take any other such actions that may be deemed to be in the best interests of the City. Bid documents may be obtained electronically ONLY at: https://tamarac.bidsandtenders.org/Module/Tenders/en. Sincerely, All Keith K. Glatz, CPPO Purchasing & Contracts Manager Virtual Bid Opening Ceremony to be held at 3:00 P.M. on August 31, 2020. The public may access the Bid Opening Ceremony at the following link via Microsoft Teams: Join Microsoft Teams Meeting +1 954-289-2459 United States, Fort Lauderdale (Toll) Conference ID: 513 062 477# Publish Sun-Sentinel: 08/16/2020 _........................................................................................................................................... ... ... ....... .. .... .. ......_ ..........................................................................................................................................._ lFE20-21B-- e1rv..rY� �rschar � .. urcklrr � Page 988 of 1269 I 11111- F 11 '� SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative Group wasformed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates asrequired by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring toall participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during thecontract period. Sales Summary shall include contract number(s), contractor's name, the total of eachcommodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative Group members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" _........................................................................................................................................ . ... .... ..... .. ... .. ......_ .......................................................................................................................................... lFE20-21B-- Page 989 of 1269 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division SPECIAL INSTRUCTIONS BID 20-21 B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME 1. SE FLORIDA GOVERNMENTAL COOPERATIVE PARTICIPANTS: Below is a list of the agencies participating in this bid and their respective delivery locations: AGENCY DELIVERY ADDRESS CITY/STATE/ZIP CONTACT PHONE/E-MAIL City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach 33435 David Roland 561/742-6434 RolandDpbbfl.us Broward County Dist. 1A 3701 N State Road 7 Lauderdale Lakes 33319 Pedro Berrios 954/831-4115/954/553-0653 Cell PBerrios broward.or Broward County Dist.2A 1390 NE 50th St. Deerfield Beach 33064 Jose Otero 954/831-4127/954/234-1034 Cell JOtero broward.orcj City of Coral Springs 3800 NW 85th Avenue Coral Springs 33065 Alvan Jones 954/345-2162 ajones corals rin s.or City of Dania Beach 1201 Stirling Road Dania Beach 33004 Nate Costa 954/924-6808 x3616 ncosta daniabeachfl. ov City of Delray Beach 201 SW 7th St. Delray Beach 33444 Bryan Heller 561/531-0817 HellerB m delra beach.com Town of Davie 3500 NW 76th Avenue Hollywood, FL 33024 Raul Sotelo 954/327-3748 Raul soteloclavie-flxjov City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach 33442 Joshua Niemann 954/480-4373 Jniemann Deerfield-Beach.com City of Fort Lauderdale 949 NW 38th Street Oakland Park, 33309 Cesar Alza 954/828-7865 calzafortlauclerdalexiov City of Hallandale Beach 630 NW 2nd Street Hallandale 33009 John Fawcett 954/457-1632 IfawcettCa�cohb.org City of Hollywood 3441 Hollywood Blvd. Hollywood 33021 Luis Montoya 954/967-4230 lmontovahollvwoodfl.orcj City of Hollywood 1621 N. 14th Avenue Hollywood 33022 Coy Mathis Joel Blanco 954/921-3288 cmathis(a hollywoodfl.orci blanco holt oodfl.or City of Lake Worth Beach 301 College Street Lake Worth Beach, 33460 Tim Sloan 561/586-1636 TSloan Lake WorthBeachFL.Gov City of Lauderhill 2101 NW 49th Avenue Lauderhill 33313 Lurleen Evans 954/730-2972 / 954-730-4225 Levanslauclerhill.flxjov City of Margate 980 NW 66 Ave. Margate 33063 Richard Uber 954/972-0828 ruber(cDmarciatefl.com City of North Lauderdale 841 NW 71st Avenue North Lauderdale 33068 Neil Buckeridge 954/597-4757 NBuckerid e NLauderdale.or City of North Miami 12098 NW 11 Ave. North Miami 33168 Pavel Vida 305/953-2854 PVidanorthmiamiFL.ciov City of North Miami Beach 19150 NW 8th Avenue Miami Gardens 33169 Moises Sierra / Carlos 787/406-9628 305/650-0000 Carrazana Moises.sierraortiz(a macobs.com Carlos.carrazanaCit nmb.com Village of Palm Springs 360 Davis Road Palm Springs 33461 Dave Burgin 561/635-4282 dburcgin(a vpsfl.org Village of Palm Springs 5618 Basil Drive West Palm Beach 33415 Dave Burgin 561/635-4282 dbur in v sfl.or City of Pembroke Pines 7960 Johnson Street Pembroke Pines 33024 Michael Cepeda 786/644-8762 michael.ce eda macobs.com City of Pompano Beach 301 NE 12th Street Pompano Beach 33060 Phil Hyer 954/545-7030 Phil.h er co bfl.com City of Riviera Beach 800 W. Blue Heron Blvd. Riviera Beach 33404 David Danford 561/723-9973 ddanford rivierabeach.orcj City of Sunrise 4350 Springtree Drive Sunrise 33351 Roal Small 954/572-2424 rsmallsunriseflxiov City of Sunrise 15450 Sludgemill Road Davie 33331 Hugo Alagic 954/434-6900 hala is sunrisefl. ov City of Tamarac 7803 NW 61st Street Tamarac 33321 Anthony Licata 954/597-3777 anthon .licata tamarac.orcj Village of Wellington 1100 Wellington Trace Wellington)J3414 Karla Berroteran- 561/753-2465 stel lots-------------- kberroteranwellincitonfl.ciov City of West Palm Beach 1009 Banyan Blvd. West Palm Beach 33401 Sandra Feliciano 561/82 990 of 1269 sfeliciano w b.or TAMARAC City of Tamarac The City For Your Life Purchasing arra Contracts Division 2. CONTACT INFORMATION AND QUESTIONS For inquiries regarding this solicitation Bidders must submit questions online at https://tamarac.bidsandtenders.org/Module/Tenders/en. Once on the webpage bidder should click the solicitation they are interested in and click the "Submit a Question Button". All questions will be reviewed by the City and answered in the form of an addendum which will be uploaded to the City's website and available for all firms registered as plan holders. An example screen shot of how to submit a question is shown below: Welcome to the City of Tamarac Currant Solicitations Website Fid,f p=,. ::rf=fa Ae a nt i.egln Thi,site allays.potentia€owders to""Id a Bidding System Vender account d d did opportunities matching €heir commodity code selection. Bk9ders.are salaly s pansibte for ensudng thair Vendor accavnt iafarmatian is kept cuvreni. Far snap by step inetrvctions an.h9 to create an Acca,,please refar S th V .lar I uid:�s Pairchaaing support: it you hay q ,mns ab—n sped,bid 9pp,tuiy pie, d uect your ioqu r to the co•nlaci Persorn listed Ih the bid document T.ch M..1 suppnn: if yb .ISG tllt.r P.CIdi l SSL.6_pleas.-- Th,f OntaGtTheh di—ing's a list of d x meat online bid oppn1u Wl Please r0b,1the Statue calumb-n the Ilsl to&I-1—if 11re bid is aper closed d,as,ard.d. ILL6gin G;Crente Account ....,r._ y}. OPen Hid Name. Bid status Hid Lio-sing Dere Days Left 1T-STB-Gansa'actlon..1 Sunset Kammack Artistic Work Qp.n Sue Aug 1,2G 1T]Oa.55 pfn 5 B:1I= ., n.ril Tri,City of Tamarac.Fla da has cammissoned Margi Clavavc tJa¢riard lir—,fi Glavovic Studio.Inc.Yo create Sunset 1--k i'Ad•_s• k'j.an A,..,k ct s gn�Teant si_e and goal Vy to be Incaled.1 6—Pont Pa,k I ocntad nt 1IQDPa VV.MR Nab Road.Tama eae,Florida.The-,k r iii reflect the spirit of Tamarac andbe mPnctfui to pd--and pansaeby traffic Vo- She Savrgras.Exprassriay—day and night al this highly active park Artist V.argi Gl3'O Nvthard i 4= 11.1 be sspo sibl..f9 the artistic c,W and oversight of the iastahatlon d the 9nai-d, 3. DIGITAL FORMS TO COMPLETED WITH BID The following fillable digital forms have been created and must be submitted /acknowledged with each bid: Certification Vendor Drug-Free Workplace Bidder's Qualification Statement References Boycotting Israel or Scrutinized Companies List APPENDIX A— Part 1 —Contractor Pass Request Contact Information APPENDIX A — Part 2 — Contractor Pass Reguest - List of Contractor Employees Requiring Access to Facilities. 4. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION The following forms must be filled out, scanned back and uploaded to the defined section below: Document Upload Required forms to be printed out, filled out, scanned back in and # uploaded Document Upload 1: Non-Collusive Affidavit and Acknowledgment Non-Collusive Affidavit Document Upload 2: Certified Resolution Document Upload 4: Certificate of Insurance Proof of Requirements Document Upload 5: 1 W9 Vendor Narrative to address any issues as requested in the bid document. (Please address any items to respond to requests for Licenses, product Document Upload 6: specifications or other items required.) Failure to provide the requested attachments fnAy result in your bid being deemed non- responsive. 12 Page 991 of 1269 TAMARAC City of Tamarac The City For Your Life Purchasing arra Contracts Division SPECIAL CONDITIONS BID 20-21B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply quicklime per the conditions and specifications contained in this document. This is a Cooperative Invitation to Bid issued by the City of Tamarac on behalf of the participating governmental entities of the Southeast Florida Governmental Purchasing Cooperative, referenced within this bid document. All quantities given are estimates of annual usage and may be increased or decreased to meet the requirements of each participant. No warranty is given or implied as to the exact quantities that will be used during the term of this contract. 2. CONTRACT TERM The contract term shall be for an initial period of three (3) years, beginning November 1, 2020. The City reserves the right to renew the contract for three (3) additional one (1) year periods, providing all parties agree to the extension and renewal terms. 3. PRICING Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. A. Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges. Pricing will be subject to adjustment on a quarterly basis in accordance with Section 3.C, "Escalation /De-escalation"shown herein. B. In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail carrier. Contractor shall provide documentation regarding the rail carrier's pricing as a part of the request for an adjustment to the rail surcharge. No surcharge will be applied on top of another one. The Bidder should provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in Appendix B herein. Trucking Surcharge - The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix B herein, which shall be determined by referencing the U.S. On-Highway Diesel Fuel Prices — U.S. (Average), as published by the U.S. Department of Energy, Energy Information Administration (DOE) for the third Monday of the final month of each quarter. The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported effective with the start of the next quarter. No surcharge will be applied on top of another one. The bidder shall utilize the trucking fuel surcharge scale included in Appendix B as a basis for adjustment, and surcharge adjustments will be based on that scale. The DOE Retail On-Highway Diesel Price— US Average index may be found at: https://www.eia.gov/petroleum/gasdiesel/. C. Escalation/De-escalation: 1. The City will accept price adjustments on a quarterly basis on January 1St, April 1St July 1St and October 1St of each year. The Contractor must submit sufficient documentation to be given consideration for a price increase and must pass-on a price decrease when the Contractor's costs are reduced. Approved documentation may include, but not be limited to published U.S. Department of Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor Statistics (BLS) 13 Page 992 of 1269 TAMARAC City of Tamarac The City For Your Life Purchasing arra Contracts Division reports on Producer Price Index (PPI) for all commodities, U.S. Energy Information Administration WTI publications on spot crude oil prices, BLS Electric Power Generation, Transmission and Distribution Index, BLS Crushed and Broken Limestone Index, BLS mining Machinery and Equipment Index; and copies of vendor monthly internal cost reports and/or actual invoices. The bidder will need to validate to the City, which sources will be used to justify price adjustments prior to commencement of work under the agreement issued as the result of this invitation for bid. The City reserves the right to exercise final approval of the sources to be used for price adjustment justification. 2. Rail and Truck freight charges and changes for transfer costs require written verification from vendor's freight and transfer subcontractors, provided to the Purchasing & Contracts Division prior to initial contract term expiration of the Agreement. All Rail and Truck fuel surcharges will be applied initially on November 1, 2020, subject to change in accordance with the schedule provided in Section 3.C.1 herein. 3. The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter based on the amount of the rail and truck fuel surcharges in effect for the month preceding the quarterly price change as calculated in accordance with Special Conditions Section 3.13 "Pricing", herein and utilizing Appendix B to this bid. 4. Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractor's profit margin shall be permitted. The City and the Contractor may also utilize recognized government/industry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. The City reserves the right to allow the Contractor to utilize alternative indices for price adjustment justification; however, the Contractor will only be allowed to change these indices at the time of any potential contract renewal, unless the index or indices cease publication, in which case the Contractor will be allowed to make changes to for any discontinued index during the contract period. The City reserves final judgement in the determination of the acceptance of specific indices to be utilized for the justification of price adjustments. 4. BASIS FOR ADJUSTMENT OR REJECTION OF SHIPMENTS The City reserves the right to reject, at the Bidder's expense, any shipment that fails to meet the specifications listed herein. The Bidder shall be given twenty-four (24) hours after failure notification to arrange for independent laboratory analysis of one (1) of the retained samples from said shipment. 5. DAMAGE TO EQUIPMENT If it is determined that the Bidder has shipped a product other than that specified, resulting in equipment damage, the Bidder shall assume full responsibility for the cost of repairs. 6. DELIVERY Bidder shall be capable of and agree to the following: A. Delivery 24-hours per day, seven days per week. B. Furnish a weight certification with each shipment. Certificate shall indicate gross, tare and net weights. C. As may be requested by using department, provide a physical and chemical analysis with each delivery. The analysis shall be certified and performed by a reputable testing laboratory. A one (1) pound airtight sample must accompany each shipment. 14 Page 993 of 1269 TAMARAC City of Tamarac The City For Your Life Purchasing arra Contracts Division D. Deliver to the designated facilities and discharge product pneumatically into the specified storage tank. E. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. Title to the goods shall pass to the City or agency upon delivery and acceptance. 7. INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. 8. INSURANCE Bidders shall submit copies of their current insurance certificates with the bid as refernced in the General Terms and Conditions. Failure to do so may cause rejection of the Bid. 9. REGULATORY COMPLIANCE The Bidder shall submit a statement that the product or chemicals added to the drinking water conforms to the National Sanitation Foundation (NSF) Standard 60 (or referenced alternative standards). 10. SECURITY The awarded Contractor shall be required to complete the and upload the "Contractor Pass Request Form" (See attached Exhibit A), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the notification of award letter. Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. Vendor shall ensure that only authorized vendor employees and/or authorized City personnel shall have access to Vendor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Vendor shall not admit any unauthorized personnel onto any work site. Vendor will not release, discuss or share any information on systems, equipment and/or operations, to any non-City personnel. Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. The awarded Contractor shall be held responsible for complying with these procedures. 11. CAPABILITIES OF THE SUPPLIER Suppliers of Quicklime under any Agreement resulting from this Invitation for Bid should be actively engaged in the actual production of Quicklime, and may be requested to demonstrate that the firm has the adequate equipment, supplies and labor required to produce the finished material and maintain production of Quicklime, and a continuity of supply to agencies within the Southeast Florida Governmental Purchasing Cooperative. The Supplier must have appropriate reliable distribution channels to transport, deliver and discharge quicklime at the requested delivery locations included herein. Additionally, the firm may be requested to provide copies of its most recent audited financial statement demonstrating that the firm has the necessary financial capability to meet the requirements of agencies within the Southeast Florida Governmental Purchasing Cooperative, as well as information that demonstrates the past experience in making compliant product deliveries for large quantities of quicklime at water treatment facilities similar to 15 Page 994 of 1269 TAMARAC City of Tamarac The City For Your Life Purchasing arra Contracts Division those used by the City. The Bidder will be required to respond to questions included in the Bids and Tenders electronic solicitation document. 12. CONSIDERATION FOR AWARD The City reserves the right to consider a Bidders history of citations and/or violations of environmental regulations in determining a Bidder's responsibility, and further reserves the right to declare a bidder not responsible if the history of violations warrants such determination. A complete history of all citations, violations, notices or dispositions shall be submitted with bid. The non-submission of any such documentation shall be deemed an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of any citation or violation received after the Bid opening date and during the time of performance of any contract awarded to Bidder. Other considerations for award include: A. The ability and capacity of the Bidder to perform the requirements of the bid. B. The availability and quality of the Bidder's product to the required use. Remainder of Page Intentionally Blank 16 Page 995 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing arra Contracts Division TECHNICAL SPECIFICATIONS BID NO. 20-21 B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME Type 1: Pebble lime, bulk must be in accordance with American National Standards Institute (ANSI) approved American Water Works (AWWA) Standard Specification B-202-02. The following requirements and testing procedures are applicable. (A) Slaking Rate Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade. (B) Calcium Oxide (CaO) Content Shall contain a minimum of 92%free lime. (C) Residue After Slaking Residue shall not be more than 2% by weight on 30 mesh sieve. (D) Sampling Procedure 1. Approximately 10 pounds of lime shall be taken by random sampling during the time that each shipment is being unloaded. Material is to be immediately placed in airtight containers to minimize contact with air. This ten-pound sample shall be used for testing. 2. The sample will be quartered and each of the four (4) quarters shall be placed in airtight containers. One quarter (1/4) will be used by the City's laboratory for analysis. Two quarters (2/4)will be set aside for use by the Bidder and a referee laboratory in the event of a dispute. City will use the final quarter in the event of a dispute. (E) Testing Procedures 1. Slaking Rate As covered in ANSI/AWWA Specifications, B-202-02, Section 5.4. 2. Calcium Oxide As covered in ANSI/AWWA Specifications, B-202-02, Section 5.3.2. 3. Residue After Slaking As covered in ANSI/AWWA Specifications, B-202-02, Section 5.5. (F) Pebble Size: -1/2"x 5 mesh (-1/2" x 0.157") Type 1A: Foundry or Rice lime, bulk must be in accordance with American National Standards Institute (ANSI) approved American Water Works (AWWA) Standard Specification B-202-02. The following requirements and testing procedures are applicable. (A) Slaking Rate Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade. (B) Calcium Oxide (CaO) Content Shall contain a minimum of 89%free lime. (C) Residue After Slaking Residue shall not be more than 2% by weight on 30 mesh sieve. 17 Page 996 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing arra Contracts Division (D) Sampling Procedure 1. Approximately 10 pounds of lime shall be taken by random sampling during the time that each shipment is being unloaded. Material is to be immediately placed in airtight containers to minimize contact with air. This ten-pound sample shall be used for testing. 2. The sample will be quartered and each of the four (4) quarters shall be placed in airtight containers. One quarter (1/4) will be used by the City's laboratory for analysis. Two quarters (2/4)will be set aside for use by the Bidder and a referee laboratory in the event of a dispute. City will use the final quarter in the event of a dispute. (E) Testing Procedures 1. Slaking Rate As covered in ANSI/AWWA Specifications, B-202-02, Section 5.4. 2. Calcium Oxide As covered in ANSI/AWWA Specifications, B-202-02, Section 5.3.2. 3. Residue After Slaking As covered in ANSI/AWWA Specifications, B-202-02, Section 5.5. (F) Foundry/Rice Size: -5 mesh x 14 mesh (0.157"x 0.0555") Type 2. Hi-Cal, Granular lime, bulk must be in accordance with American National Standards Institute (ANSI) approved American Water Works (AWWA) Standard Specification B-202-02. The following requirements and testing procedures are applicable. (A) Slaking Rate: Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade. (B) Calcium Oxide (CaO) Content Shall contain a minimum of 92% free lime total, and a minimum of 87% available CaO, per ASTM C-25 method. (C) Residue After Slaking Residue shall not be more than 2% by weight on 30 mesh sieve. (D) Sampling Procedure 1. Approximately 10 pounds of lime shall be taken by random sampling during the time that each shipment is being unloaded. Material is to be immediately placed in airtight containers to minimize contact with air. This ten-pound sample shall be used for testing. 2. The sample will be quartered and each of the four (4) quarters shall be placed in airtight containers. One quarter (1/4) will be used by the City's laboratory for analysis. Two quarters (2/4)will be set aside for use by the Bidder and a referee laboratory in the event of a dispute. City will use the final quarter in the event of a dispute. 18 Page 997 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing arra Contracts Division (E) Testing Procedures 1. Slaking Rate As covered in ANSI/AWWA Specifications, B-202-02, Section 5.4. 2. Calcium Oxide As covered in ANSI/AWWA Specifications, B-202-02, Section 5.3.2. 3. Residue After Slaking As covered in ANSI/AWWA Specifications, B-202-02, Section 5.5. (F) Sizing: Granular product U.S. sieves size 0"x 1/8". Bulk density average of 63 Ib. per cubic foot. Remainder of Page Intentionally Blank 19 Page 998 of 1269 TAWARAC City of Tamarac The City For Your Life Purchasing and Contracts Division BUD FORM INVITATION FOR BID UFB 20-21 B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME NOTE: THIS FORM IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY!! ALL PRICING MUST BE SUBMITTED ELECTRONICALLY THROUGH THE CITY'S BIDS & TENDERS PLATFORW We propose to furnish the following in conformity with the specifications. The bid prices quoted are certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. Rail and Truck fuel surcharges are not included on the spreadsheet below and will be invoiced as separate line items per the requirements outlined in Section 3. "Pricing" of the Special Conditions herein. To assure continuity of supply, it is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City rasan/as the right to award the bid on a split order basis. lump sum (preferred) or individual item basis unless otherwise stated. AGENCY DELIVERY ADDRESS ANNUAL PPRICE I FREIGHT TOTAL USAGE ER TON CHARGE COST DELIVERED Type 1 –Pebble Lime Broward County Dist. 1 3701 N State Road 7 2500 s— $—$ City of Coral Springs (1) 3800 NW 85th Avenue, Coral Springs 1352 $ $ $ Town of Davie 3500 NW 76th Avenue, Hollywood 1000 $— $ $— City of Dania Beach 1201 Stirling Road, Dania Beach 350 $ $ $ City of Deerfield Beach 290 Goolsby Blvd. –West Plant, Deerfield 1415 $ $ Beach City of Fort Lauderdale 949 NW 38th St., Ft. Lauderdale 11500 $ City of Hallandale Beach 630 NW 6th Avenue, Hallandale Beach 900 $ $ City of Lake Worth 301 College St., Lake Worth Beach 525 $ Beach City of Lauderhill 2101 NW 49th Avenue, Lauderhill 1825 $ City of North Lauderdale 841 NW 71 st Avenue, North Lauderdale 650 $ $ City of North Miami 12098 NW 1 1th Ave, North Miami 1150_ $ $ $—. Village of Palm Springs 360 David Road, Palm Springs 600 $— $ $ Village of Palm Springs 15618 Basil Drive, West Palm Beach 600 $ City of Pompano Beach 1301 NE 12th Street, Pompano Beach 2200 $ $ City of Riviera Beach 1800 W. Blue Heron Blvd., Riviera Beach 588 $ 20 Page 999 Of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing arra Contracts Division AGENCY DELIVERY ADDRESS ANNUAL PRICE FREIGHT TOTAL USAGE PER TON CHARGE COST DELIVERED City of Sunrise 4350 Springtree Drive, Sunrise 2400 $ $ $ City of Sunrise 15400 Sludge Mill Road, Davie 600 $ $ $ Village of Wellington 1100 Wellington Trace, Wellington 1330 $ $ $ TYPE 1A—Foundry/Rice Lime City of Boynton Beach 124 E. Woolbright Rd., Boynton Beach 1685 $ $ $ City of Delray Beach 201 SW 7th St., Delray Beach 3650 $ $ $ City of Hollywood 3441 Hollywood Blvd., Hollywood 2400 $ $ $ City of Margate 980 NW 66th Ave, Margate 2000 $ $ $ City of North Miami 19150 NW 8th Ave, Miami Gardens 3000 $ $ $ Beach City of Pembroke Pines 7960 Johnson Street, Pembroke Pines 4200 $ $ $ City of Tamarac 17803 NW 61 st Street, Tamarac 1500 $ $ $ City of West Palm Beach 11009 Banyan Blvd., West Palm Beach 5200 $ $ $ TYPE 2 -- Hi CAL Granular City of Hollywood lWastewater, 1621 N14th Ave, Hollywood 1 5550 $ $ $ Total Annual Tonnagel 65,170 1 $ Delivery Location Special Conditions: (1) Coral Springs—Must deliver between 8:OOAM and 4:OOPM Monday to Friday ONLY. (2) Fort Lauderdale— Must deliver between 7:OOAM and 3:00 Daily. (3) Hallandale Beach — Delivery to be made by a tanker truck @ 25 Tons/shipment. Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. 21 Page 1000 of 1269 TAWARAC City of Tamarac The City For Your Life Purchasing and Contracts Division .................................................................. ....................................................................................................................................................................................................................................................... APPENDIX A CONTRACTOR PASS REQUEST THIS FORM IS AVAILABLE ON THE CITY'S ELECTRONIC SOLICITATION SITE, BIDS & TENDERS, AND BIDDERS MUST PROVIDE INFORMATION IN THE DESIGNATED AREA WITHIN THE BID DOCUMENT. (BIDDER MAY ADD ADDITIONAL ROWS.) Vendor Name: Vendor Address: Vendor Contact Name: Vendor Contact Phone Number: List of Contractor Employees Requiring Entry to Facilities (Attach copy of Picture Identification for all persons listed below) Name Work to be Performed 22 ................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 1001 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... APPENDIX B 2020 TRUCK FUEL SURCHARGE SCALE Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly. • The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of Energy's DOE Retail On-Highway Diesel Price- US Average index may be found at: published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following website: https://www.eia.aov/petroleum/aasdiesel/ • Percentages change .5% for every$0.05 per gallon price change DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = % OF NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE $1.75 0.00% $3.00 13.00% $1.80 1.00% $3.05 13.50% $1.85 1.50% $3.10 14.00% $1.90 2.00% $3.15 14.50% $1.95 2.50% $3.20 15.00% $2.00 3.00% $3.25 15.50% $2.05 3.50% $3.30 16.00% $2.10 4.00% $3.35 16.50% $2.15 4.50% $3.40 17.00% $2.20 5.00% $3.45 17.50% $2.25 5.50% $3.50 18.00% $2.30 6.00% $3.55 18.50% $2.35 6.50% $3.60 19.00% $2.40 7.00% $3.65 19.50% $2.45 7.50% $3.70 20.00% $2.50 8.00% $3.75 20.50% $2.55 8.50% $3.80 21.00% $2.60 9.00% $3.85 21.50% $2.65 9.50% $3.90 22.00% $2.70 10.00% $3.95 22.50% $2.75 10.50% $4.00 23.00% $2.80 11.00% $4.05 23.50% $2.85 11.50% $4.10 24.00% $2.90 12.00% $4.15 24.50% $2.95 12.50% $4.20 25.00% 23 Page 1002 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... SAMPLE FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND (SUCCESSFUL BIDDER) NOTE. THIS IS A SAMPLE AGREEMENT DOCUMENT IS PROVIDED FOR INFORMATIONOAL PURPOSES 11 ACTUAL AGREEMENT DOCUMENT WILL BE COMPLETED BY THE SUCCESSFUL BIDDER AT TIME OF 11 THIS AGREEMENT is made and entered into this day of 20_ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY")and a corporation with principal offices located at (the "Contractor")to provide for Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. The Contract Documents The contract documents consist of this Agreement, Bid Document No. 20-21B, "Furnish, Deliver and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement; and Contract Exhibit A, which is a schedule of delivered pricing for individual delivery locations. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 20-21 B, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 20-21B, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2. The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical Specifications, terms and conditions contained in Bid Document 20-21B, "Furnish, Deliver and Discharge Quicklime". 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall comply with any and all Federal, State, and local laws and 24 Page 1003 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 2.1.4 Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 20-21 B), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s)with the notification of award letter. 2.1.5 Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. 2.1.6 All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems, equipment and/or operations, to any non-City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3. Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured, and shall list the City as the Certificate Holder. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Insurance limits are outlined below: o General Liability-$1 M per occ./$21VI aggregate o Automobile—$1 M per occ./$1 M aggregate o Workers Comp—Statutory 3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2 of this Agreement to any other organization in the Southeast Florida Governmental Purchasing Cooperative, and shall provide those agencies with their own Certificate of Insurance to validate coverage for their entity. 25 Page 1004 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... 4. Term The term of this Agreement shall be for an initial three (3) year period, beginning November 1, 2020 through October 31, 2023. The City reserves the right to renew this Agreement for three (3) additional one (1) years periods subject to the Contractor's acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 5. Contract Sum The Contract Sum for the above work for entities listed in Contract Exhibit A (UNIT PRICING PROVIDED IN BID) shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 20-21 B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, Pricing shown in Contract Exhibit A, shall be firm for the initial contract period from November 1, 2020 through October 31, 2023, Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De- escalation"shown herein. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the initial contract period from November 1, 2020 through October 31, 2023. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 3.C, "Escalation / De- escalation"shown herein. 5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. 5.2.2 Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail carrier. Contractor shall provide documentation regarding the rail carrier's pricing as a part of the request for an adjustment to the rail surcharge. No surcharge will be applied on top of another one. The Bidder should provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in Appendix B herein. 5.2.3 Truckina Surcharge -The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix B herein, which shall be determined by referencing the Retail On-Highway Diesel Price — U.S. Average, as published by the U.S. Department of Energy, Energy Information Administration (DOE) for the third Monday of the final month of each quarter. The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported effective with the start of the next quarter. No surcharge will be applied on top of another one. The bidder shall utilize the trucking fuel surcharge scale included in Appendix B as a basis for adjustment, and surcharge adjustments will be based on that scale. The DOE Retail On-Highway Diesel Price — US Average index may be found at: http://tonto.eia.doe.gov/ooa/info/wohdp/diesel detail report combined.asp 5.3 Escalation/De-escalation: 5.3.1 The City will accept price adjustments on a quarterly basis on January 1St, April 1St, July 1St and October 1St of each year. The Contractor must submit sufficient documentation to be given consideration for a price increase, and must pass-on a price decrease when the Contractor's costs are reduced. Approved documentation includes, but is not limited to published U.S. Department of Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor 26 Page 1005 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... Statistics (BLS) reports on Producer Price Index (PPI) for all commodities, U.S. Energy Information Administration WTI publications on spot crude oil prices, BLS Electric Power Generation, Transmission and Distribution Index, BLS Crushed and Broken Limestone Index, BLS mining Machinery and Equipment Index; and copies of vendor monthly internal cost reports and/or actual invoices. 5.3.2 Rail and Truck freight charges and changes for transfer costs require written verification from vendor's freight and transfer subcontractors, provided to the Purchasing & Contracts Division prior to initial contract term expiration of the Agreement. All Rail and Truck fuel surcharges will be applied initially on November 1, 2020, subject to change in accordance with the schedule provided in Section 3.C.1 herein. 5.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter based on the amount of the rail and truck fuel surcharges in effect for the month preceding the quarterly price change as calculated in accordance with Section 5.2 of this Agreement, utilizing Appendix B to the original bid #20-21 B. At the end of each quarter, the Contractor will process a "true up" by comparing the actual monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel surcharges implemented at the time of the quarterly price change. Based on this comparison, the Contractor will issue the City a credit or debit that represents the variance. 5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractor's profit margin shall be permitted. The City and the Contractor may also utilize recognized government/industry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. 6 Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 20-21 B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218. 7 Conditions of Material All materials and products supplied by the Bidder in conjunction with this bid shall conform to the specifications of the bid. The City reserves the right to return the product to the Bidder and require the delivery of new product at no cost to the City. 8 Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 27 Page 1006 of 1269 T A A The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9 Non-Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10 Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for 28 Page 1007 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11 Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12 Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 13 Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30)days after receipt by Contractor of written notice of such neglect or failure. 29 Page 1008 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... 14 Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15 Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16 Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17 Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18 Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19 Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20 No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 30 Page 1009 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... 21 Scrutinized Companies -- 287.135 AND 215.473 21.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 21.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 22 Public Records 22.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 22.1.1 Keep and maintain public records required by the City in order to perform the service; 22.1.2 Upon request from the City'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 this chapter or as otherwise provided by law. 22.1.3 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 the contractor does not transfer the records to the City. 22.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City 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 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. 22.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's 31 Page 1010 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 23 Public Records Custodian 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 CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG Remainder of Page Intentionally Blank 32 Page 1011 of 1269 TAWARAC The City For Your Life City of Tamarac Purchasing and Contracts l.7ivi... IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its duly authorized to execute same. CITY OF TAMARAC Michelle J. Gomez, Mayor Date ATTEST: Michael C. Cernech, City Manager Jennifer Johnson, CMC Date City Clerk Approved as to form and legal sufficiency: Date City Attorney Date ATTEST: Company Name Signature of Corporate Secretary Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date 33 Page 1012 of 1269 TAWARAC The City For Your Life City of Tamarac 'urci7asir7g and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF : SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this.day of 20 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 41 Page 1013 of 1269 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve Task Order SCADA-03-2021 with McKim& Creed in the sum of$297,118.00 for assistance with Remote Site Programmable Logic Controllers (PLC) upgrades in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. Explanation of Request: The current system is a Motorola ACE radio telemetry system that communicates through data concentrators called Field Interface Units (FI U) over serial radio. This design, while advanced in its time, is old technology that provides slow data throughput with single points of failure at each FI U. I n addition, City staff are not very familiar with the Motorola hardware and software so maintaining the system is challenging. A task in Task Order#1 to replace the Motorola radios with Verizon cellular modems is already in place and its execution will be starting in the fall of 2020. Due to the architecture of the Motorola system, though, the FIU's will remain in the system after the cellular upgrade so the single points of failure will not be removed. Replacing the Motorola ACE RTU hardware at the same time will upgrade the hardware and software to current technology and also provide an architecture whereby the FI U's can be removed and thus, the single points of failure can also be eliminated. By selecting a Siemens hardware platform for the replacement RTU hardware, the Remote Sites will use the same family of hardware as the two water plants and the same software. This will reduce the training required for City staff, improve troubleshooting and minimize after-hours call-outs and costs. Once Phase 1 of the Task Order is complete and a full listing of the required hardware is prepared Commission will be asked to approve the purchase of the PLC's and associated equipment. Phase 2 of the of the Task order is mainly design work and programming. McKim and Creed will undertake the first of the conversions to train utility personnel. The remaining conversions will be handled by City staff with assistance from McKim and Creed as necessary. How will this affect city programs or services? The existing remote PLC's at the pumping stations was installed 12 years ago and are proving progressively harder to maintain. Moving to the new standard using Siemens technology throughout the control infrastructure will improve reliability, and also ease support issues by standardizing on programming structures and language. The employees will be trained in all of the upgrades so that they are in a better position to support operations without the need for external assistance. Fiscal Impact: Budgeted Funding is available in the following accounts 403-5000-533-65.02 W TR105 403-5000-535-65.04 SW 1901 Alternatives: Not to proceed with the PLC upgrades which could result in multiple sanitary sewer problems. Strategic Plan: Page 1014 of 1269 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum McKim and Creed Contract D Addendum McKim and Creed Task Order SCADA-03-2021 Page 1015 of 1269 i 1 RESOLUTION NO. R20-006 2 �3 A RESOLUTION OF THE CITY OF 13OYNTON BEACH, 14 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 SIGN INDIVIDUAL AGREEMENTS WITH TWO FIRMS 6 AS A RESULT OF RFQ NO. 038-2821.-19/TP FOR 7 SUPERVISORY CONTROL AND DATA (SCADA) 8 SYSTEM PROGRAMING, PREVENTIVE 9 MAINTENANCE AND REPAIR SERVICES; AND „ 0 PROVIDING AN EFFECTIVE DATE. 1 c 2 3 WHEREAS, on November 5, 2019, the City Commission approved the list of top 11'4 ranked proposers identified by the Evaluation Committees from responses received from RFQ 15 No. 038-2821-19/"fP for Supervisory Control And Data (SCADA) System Programing, 1.i i' 6 Preventive Maintenance And Repair Services; and j 1 7 WHEREAS, individual Task Orders for projects will be issued and submitted to the 11j18 Commission for approval in accordance with the City's Purchasing Policies and Procedures; jj 1 and j# 0 WHEREAS, the initial term of the Agreements will be for two (2) years and may be F 1 renewed for three (3) additional one-year periods with the same terms and conditions, and 22 WHEREAS, the City Commission of the City of Boynton Beach.. upon 3 recommendation of staff, hereby deems it to be in the best interests of the citizens and residents 4 of the City of Boynton Beach, to approve and authorize the City Manager to sign individual J 5 Agreements with McKim & Creed, Inc., and Star Controls, Inc., as a result of RFQ No, 038- 26 2821-19/T`P tier Supervisory Control and Data (SCADA) System Programming, Preventive rs 7 Maintenance and Repair Services to be executed based on individual task orders in =s 8 compliance with the purchasing policies and procedures. i 129 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 1:0 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: f, l SACA\RES0\Agreements\SCADA Services(2020) Reso.docx Page 1016 oft 1269 j 1 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 3 hereof. i Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby approve and authorize the City Manager to sign individual Agreements with McKim Creed, Inc.,and Star Controls, Inc., as a result of RFQ No. 038-2821-19/TP for Supervisory r Control and Data (SCADA) System Programming. Preventive Maintenance and Repair 8 Services to be executed based on individual task orders in compliance with the purchasing 9 policies and procedures, a copy of the two Agreements are attached hereto and incorporated 40 herein as Exhibit `°A". i 1 Section 3. This Resolution shall become effective immediately upon passage. W2 A3 PASSED AND ADOPTED this.,, , }_day of January, 2020. C 414 CITY 01= BOYNTON BEACH, FLORIDA 5 YES NO i6 7 Mayor—Steven B. Grant �, r 8 9 Vice Mayor—Justin Katz 0 1 Commissioner—Mack McCray � 2 = 3 Commissioner—Christina L. Rornelus 5 Commissioner--Ty Penserga � 6 7 VOTE 8 ATTEST: u® ,3 2 Crystal Gibson, MMC 3 City Clerk 4 6 7 (Corporate Sea[) SACAIRESO\Agreements\SCADA Services(2020)-Reso.dr)cx . Page 1017 41269 Oo (o SUPERVISORY CONTROL AND DATA ACQUISITION-(SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and McKim & Creed Inc., hereinafter referred. to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional planning services, and WHEREAS, THE CITY issued a Request for Qualifications for SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES, RFQ No. 038-2821-19ITP; and s WHEREAS, RFQ No. 038-2821-19/TP defined Scope of Services as Supervisory Control and Data Acquisition (SCADA) System Programming, Preventive Maintenance and Repair Services; and WHEREAS, the CITY determined that CONSULTANT is qualified to perform the scope of services set forth in the Request for Qualifications; and WHEREAS,the CITY Commission on JanuaU 21, 2020, determined that CONSULTANT is qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager's administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform Supervisory Control and Data Acquisition (SCADA) System Programming, Preventive Maintenance and Repair Services by way of individual task order(s)/written work authorization(s), at the written request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified project which may be assigned to CONSULTANT is set forth on Exhibit " A". Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair C-1 Revised 12/2019 Pae 1018 of 1269 The CITY's Representative during. the performance of this Contract shall be Christo _her Roschek, Engineering Division Manager,telephone 561) 742-6413 . The CONSULTANT'S Representative during the performance of the Contract shall be telephone ARTICLE 2 -TERM 2.1 The initial Contract period shall be for an initial term of two (2)years, commencing on the date this contract is last signed by the City or Consultant. The City reserves the right to unilaterally,renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred And eighty(180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this optional transitional period clause was invoked by the CITY. ARTICLE 3 -TIME OF PERFORMANCE 3.1 Work under this Contract shall commence on written notice by the CITY to the CONSULTANT by way of a task order signed by the City and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 -PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit "A" attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by a CITY representative, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. Final payment of any balance due the CONSULTANT of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the CITY after the completion of the Work. Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair C-2 Revised 12/2019 Page 1019 of 1 P69 c. Compensation for sub-CONSULTANTS will be included by the CONSULTANT in the negotiated value of each task order. Compensation will be through a direct mark-up in accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time ,for processing and management of the sub-CONSULTANT shall not be included in direct costs as the direct mark-up is applil9d for management efforts. d. In certain cases where incremental billing for partially completed work is permitted by the City's representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. e. The cost of all services as stated herein shall remain fixed and firm for the initial two (2)year period of the contract. Cost of services for any extension period of the contract shall be as agreed to by the City and CONSULTANT and reflected in a contract addendum. ARTICLE 5 -OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to Consultant, all documents, drawings, specifications and other materials produced by the CONSULTANT 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. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for Supervisory Control and Data Acquisition (SCADA) planning, designing, and integration including subsystems such as electrical, instrumentation, servers and network communications as they relate to the utility SCADA system located at Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair C-3 Revised 12/2019 Page 1020 of 1P69 various facilities throughout the Boynton Beach Utilities service area and related services no less than the standard of care for Supervisory Control and Data Acquisition (SCADA) System Programming Services practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such.representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 -COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service 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. ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify 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 attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal- laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Boynton Beach Utilities--SCADA System Programming,Maintenance&Repair CA Revised 12/2019 Page 1021 of 16 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum 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. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non- owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-consultants comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall,for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims-made policy only Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair C-5 Revised 12/2019 Page 1022 of l 69 ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT 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 CONSULTANT nor any employee of CONSULTANT 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 CONSULTANT, or any employee of CONSULTANT. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1)year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, 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. Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair C-6 Revised 12/2019 Page 1023 of l 69 ARTICLE 15 -ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 -NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 —TERMINATION 17.1 Termination for Convenience: This.Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further,this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable,and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair C-7 Revised 12/2019 Page 1024 of1 69 uncontrollable force, give written notice -to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: Ci of Boynton Beach Procurement Services Attn: Director of Finance 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Notices to CONSULTANT shall be sent to the following address: Consultant: McKim & Creed, Inc. ADDRESS: 1365 Hamlet Avenue CITY/STATE/ZIP: Clearwater, FL 33756 Attn: Mike Stoup, PE--Electrical & Instrumentation Group Manager Tel: 727-422-7196 - Fax: 727-461-3827 Email: mstou mckimcreed.com ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT 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 CONSULTANT. ARTICLE 22 -SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair C-8 Revised 12/2019 Page 1025 of.469 69 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1- Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 --PUBLIC RECORDS 23.1 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 CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT'S possession.All records stored electronically by CONSULTANT 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. Boynton Beach Utilities.—SCADA System Programming,Maintenance&Repair C-9 Revised 12/2019 Page 1026 of 16 E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US ARTICLE 24—SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to CONSULTANT of the City's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities--SCADA System Programming,Maintenance&Repair C-10 Revised 12/2019 Page 1027 of 1 69 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of F e,VE Q- , 2o2-O. CITY OF BOYNTON BEACH CITY Manager CONSULTANT Attest/Authenticated: MIKE STOUP, P.E. Title �z h (Corpo-Ate-;3ea1)r CIXY Clerk . e Approved as to Form: Aft- t/Authenticated: fFce v C[TY Attome Secretary MITCH CHIAVAROLI, P.E. Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair C-11 Revised 12/2019 Page 1028 of 1 69 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This Is done by providing a Certificate of Insurance listing the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co.of"B+"or higher. (NOTE. An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of consultants,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRE General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Consultants Protective(OCP) Personal&Adv.Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 51000.00 Pollution Liability Asbestos.Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Consultants Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only,Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Workers Compensation Statutory Limits Employers Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builders Risk Limits based on Project Cost Other- As Risk Identified to be determined (ooMMa 39"001e21) insurance Advisory Form C-12 Page 1029 of 1 69 EXHIBIT "A" FEE SCHEDULE FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED, PLEASE PROVIDE A BRIEF DESCRIPTION OF THAT CLASSIFICATION. Classification Hourly Rates Employees Identified Project Director(Principal) $290.00 Mike Stoup Client Service Manager N/A N/A Project Manager $231.00 David Eike, Mike Tweedel,Aubrey Haudricourt Primary Project Professional $175.00 Eric Brown, Flavio Velecela —Instrumentation &Control Project Engineer $175.00 Eric Brown, Flavio Velecela Senior Project Engineer $205.00 Brian Thomiley, Mike Fadini, Jason Davis Programmer $160.00 Tamer Aldamanhouri, Suvath Seng Senior Programmer $175.00 Eric Brown, Flavio Velecela Engineer Intern $137.00 Suvath Seng, Laurel Smith Specialist $160.00 Tamer Aldamanhoud, Suvath Seng (ooMM.23mmimlBoynton Beach Utilities—SCADA System Programming,Maintenance&Repair C-13P2e 1030 of 11269 Classifcation Hourly Rates Employees.Identified Engineer $175.00 Eric Brown, Flavio Velecela CADD Technician $90.00 Josephine Garas Clerical/Administrative $105.00 Diane Atchinelli, Brook Trautment, Diane Allen Direct Costs--Mark-up% 10% Office, Reproduction, Mailing, etc. Direct Cost—Markup % Sub- 10% consultants Reimbursable Expenses: All travel costs are included in the rates listed above. (w3uw3.23a"ooiszi)Boynton Beach Utilities—SCADA System Programming, Maintenance& Repair C-13 Page 1031 of 1F69 C ENGINEERS SURVEYORS PLANNERS October 06, 2020 Mr. Michael Low Deputy Utilities Director/Manager, Technical Services Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida33435 RE: Proposal for Remote Site RTU Upgrades; SCADA-03-2021 Dear Mr. Low: Please find attached a copy of our proposal for services related to the Remote Site RTU Upgrades for the City of Boynton Beach. We have provided a summary of our services in the attached proposal for your consideration. We have also provided the pricing breakdown for your convenience. Please let me know if you have any questions about either. If you have any questions, please feel free to give me a call. Sincerely, McKIM &CREED,Inc. 'Uxl=j� Mike Stoup, P.E. Vice President and E&I Group Manager 1365 Hamlet Avenue 813-624-2506 Clearwater, FL 33765 727.442.7196. Fax 727.461.3827 www.mckimcreed.com Page 1032 of 1269 Remote Site RTU Upgrades; SCADA-03-2021 Scope of Services October 6, 2020 BACKGROUND The City of Boynton Beach awarded McKim and Creed (M&C) the SCADA System Programming, Preventative Maintenance and Repair Services contract in January 2020. On May 6, 2020, under the awarded SCADA contract, Task Order #1 was released,with 15 clearly defined tasks. These specific tasks were created to address pressing issues with the City's SCADA system and prepare a foundation for a more systematic platform overall. During the process of working through the initial tasks, our team identified additional items that should be addressed to improve the efficiency, operation and maintainability of the City's SCADA System. One of these additional tasks is the upgrade of the RTU hardware and software at all the Remote Sites. The current system is a Motorola ACE radio telemetry system that communicates through data concentrators called Field Interface Units (FIU) over serial radio. This design, while advanced in its time,is old technology that provides slow data throughput with single points of failure at each FIU. In addition, City staff are not very familiar with the Motorola hardware and software so maintaining the system is challenging. A task in Task Order #1 to replace the Motorola radios with Verizon cellular modems is already in place and its execution will be starting in the fall of 2020. Due to the architecture of the Motorola system, though, the FIU's will remain in the system after the cellular upgrade so the single points of failure will not be removed. Replacing the Motorola ACE RTU hardware at the same time will upgrade the hardware and software to current technology and also provide an architecture whereby the FIU's can be removed and thus, the single points of failure can also be eliminated. By selecting a Siemens hardware platform for the replacement RTU hardware, the Remote Sites will use the same family of hardware as the two water plants and the same software. This will reduce the training required for City staff, improve troubleshooting and minimize after-hours call-outs and costs. APPROACH M&C proposes to execute the project in two phases. Phase one will be an onsite audit of 50 Remote Sites to identify issues and record the requirements for the upgrades. During the visit to each site, we will document the physical conditions of the site surroundings and the RTU panel; including all instrumentation. This will identify physical site or hardware issues to better prepare for the upgrades. After completing the audit, M&C will compile the information into an Excel spreadsheet detailing the issues and the order in which the sites should be upgraded. This information will be presented to the City for review and approval. Page 1033 of 1269 Page 3 of 4 Phase two will be to upgrade ten(10) sites to prove the concept and train City staff to perform the remaining upgrades. This phase will consist of upgrading the RTU's at the Remote Sites from Motorola to Siemens S7-1200. To prepare for the design and programming, M&C will compile the information and various configurations of the sites and present the combination of programs to the City for review and approval. Upon approval of the program combinations, M&C will develop new panel wiring diagrams, PLC programs and SCADA screens for the different program configurations. We anticipate five (5) different designs and programs will need to be developed. These programs and SCADA screens will be tested offline for QA/QC purposes. An upgrade procedure will also be developed detailing the steps to upgrade each Remote Site. Once the designs, programs and SCADA screens are fully developed and tested,M&C will work with the City to install the hardware and software at the identified ten(10) Remote Sites following the developed procedure. The hardware, provided by the City,will be installed by M&C with assistance by City personnel. The cellular modems to be installed as part of Task Order #1,will also be installed at this time. Upon installation completion,the controls at the site will be fully tested with SCADA to verify operation. We anticipate upgrading ten(10) sites with the City to prove the programming and design and for training purposes. The remaining Remote Sites will be upgraded by the City by following the documented procedure. SCOPE OF SERVICES Phase 1: Remote RTU Sites/Panel audit A. Perform site visits to 50 Remote Sites including wells,tanks and lift stations to document the physical conditions of the site surroundings and the RTU panel; including all instrumentation. Key items that will be reviewed are: 1) Physical condition of the RTU panel and radio antenna 2) Internal condition of the components and organization of the RTU panel 3) External site conditions such as foliage, access and security B. Prepare an Excel spreadsheet documenting the findings at each site. The spreadsheet will identify each site,its associated FIU and what issues exist that will need to be addressed either during the upgrade or otherwise. The sites will be listed in the order they should be upgraded. Phase 2:Upgrade the RTU's from Motorola to Siemens S7-1200. A. Review the information collected in Phase 1 and identify up to five (5) different site configurations with the goal of having as few programs as possible. B. Meet with the City to determine the functionality required in the new programs. C. Create RTU panel designs for each type of site using the City standards as a starting point. Create a standard set of drawings for each type of site with Page 1034 of 1269 Page 4 of 4 configuration options represented. It is anticipated that the drawing set will include the following drawings: 1) RTU Panel layout and Bill of Material 2) RTU Panel power drawing 3) RTU Panel network drawing 4) I/O Module wiring diagrams D. Create new Siemens S7-1200 programs for the lift stations, wells and storage tanks. E. Create new VTScada widgets for the lift stations, wells and storage tanks. F. Upgrade 2-3 (10 total) of each type of site to prove program and wiring ASSUMPTIONS We have assumed the following items in preparing this scope of work and fee: A. The current VTScada licenses will not need to be upgraded or modified B. The existing RTU panel drawings and standard drawings are available in an AutoCAD format C. The City will provide all hardware D. The City will provide and provision the cellular modems E. The City will assist in the construction efforts to swap the RTU and radio. F. Any construction activities required to upgrade a remote site beyond changing the RTU and radio will be performed by the City. Examples of such construction activities are installing new conduit, pulling new wire, complete panel replacement, removal of panels, removal of antennas,etc. PROJECT FEE M&C proposes to provide the above scope for the lump sum fee of: Phase 1: Site Audits $ 28,376.00 Phase 2: RTU Upgrades $268,742.00 TOTAL $297,118.00 SCHEDULE We anticipate approximately 4 weeks after notice to proceed for completion of Phase 1 and 9 months after notice to proceed to complete Phase 2. Page 1035 of 1269 0 0 0 0 0 0 fp 0 0..........000000000 0 N 000000 I:� 0000000000 p:p p `T O E9�fl N *T EH W EH m lfJ W m O«l O N O..EH VT Rl c0 O O Na=m•T � u"iO Nt�O:NM W mI*.:. N `- �F ER EH Efl d3 H3 Efl d3 H3 Efl d3, N U � p O o p O o 0 o p p o......... O od 00o00o va 0000000000000 sa Oo©000 p0000000 o;oo �n o� 10 N v� � J = U� 0 0 0 0 .0 O O O O O o 0 0 0 0 OO o \1J 000000 000 0 000.p 0O Ci 0 0 0 0 0 0 0 0 OO O l V ---------- � O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OO O � u �como, nowupo'{. p» j U�- Nrmc u9O N1�ONMm Mmf^, SO {fl{gr yj yj {tZrNMrµ»Nr N �» zn zn zn zn zn zn zn zn zn, va O /�(� �O N O O LL VV or mONOUN'�N ONN4p'J�OUOS(ppN O:OOUS(mp �N O Qri N M Nr Nr. fA U h eR o H p 0 M O rn m Op O Ob- �aam C lo:yN p W a4 O�O C `zM4 E J N m 0 O O O 0 p w d O' oR U m U =; E U c w m� 00-1 1 0 �n o va r N r N a` O d W � M N p V c0 c0 NO p�W p O �f0 0 K N fq Y o FE � y o .o d m m 2 M O o mo o m V OI �- a E d °: Eom F iimcm a0 `o. oo om nHU mn oo D d =U fV o o o.o o N ca ca =co) Q N O ri N N a N O O H N N N N N N O O O Y M M m m m Sa m > as m .o E > > > > > N L N L N N N N N N d d N Q L L O O w....... a a¢'ino in in a a�00000H�a in in '..... � d d � � � r N �N 7.D. CONSENT BIDS AND PURCHASES OVER$100,000 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approve the purchase of additional licenses, training, and development services from Transcendent Corporation for the expansion of the City's asset management system to incorporate all remaining existing facilities, golf course and parks. The cost of additional licenses and training for phase 3B is$48,350. With the total estimated annual expenditure of$135,000 between Public Works and Utilities. Explanation of Request: On 2/21/20 the Public Works Department issued a purchase order in the amount of$32,600 for phase 3A which included $14,550 in subscription and user fees as well as $18,050 for configuration and training expenses for the new town square buildings and police department headquarters. Staff is in the final stages of implementing phase 3A and is now ready to implement the remaining locations in phase 3B. Phase 3B will include $33,300 in subscription and user fees as well as $15,050 in additional configuration and training services. How will this affect city programs or services? The Transcendent software allows staff to maximize the useful life of City assets by allowing staff to maintain the asset in good condition and to predict its replacement so that funding is available when needed. The asset management system not only helps manage the planned maintenance schedules, but also retains valuable information on asset condition, maintenance history and potential timing of replacement cost. Fiscal Impact: Budgeted Funds are available in accounts#001-2511-519.49-91; #001-2511-519.49-17; #401-2821-536.31-90; #401-2821-536.64-14. Alternatives: Tracking of assets condition and maintenance activities would remain on paper and in spreadsheets, which would hinder staff's ability to run comprehensive reports for budgetary planning activities. Strategic Plan: Strategic Plan Application: Climate Action: Page 1037 of 1269 Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Exhibit Public Works Phase 3B D Exhibit Public Works Phase 3A D Sole Source Letter Transcendent Sole Source Letter Page 1038 of 1269 TRANSCENDENT 333 Douglas Road E.Oldsmar,Florida 34677 Date: 19-Feb-20 Salesrep: Rich Christopher B City of Boynton Beach -Public Works S City of Boynton Beach -Public Works I ATTN: Andrew Mack H ATTN: Andrew Mack L 222 N.E.9th Ave. 1 222 N.E.9th Ave. L Boynton Beach, Florida 33435 P Boynton Beach, Florida 33435 T 561-742-6201 T 561-742-6201 O MackA@bbf1.us O MackA@bbf1.us Software-Annual Cost TRASUBSITE Transcendent Site Subscription $1,500.00 YR. 16 $24,000.00 TRASUBADDSITE Transcendent Site Subscription $150.00 YR. 22 $3,300.00 23 Facility/Full Sites 29 Additional Sites (100 Assets Max per site) TRASUBUSER Transcendent User Subscription 300.00 YR. 20 $ 6,000.00 Annual Recurring Totall $33,300.00 Implementation&Training-One Time Cost TRAPROMGT Transcendent Imp./Prof. Mgmt.Services 2,500.00 EA. 1 $2,500.00 TRAENTCONFIG Transcendent Enterprise Configuration 750.00 DAY 10 $7,500.00 TRAEXP Transcendent Ent. Config. Expenses 2,000.00 EA. 1 $2,000.00 TRAINSTALL Transcendent On-Site Training 750.00 DAY 3 $2,250.00 TRAEXP Estimated Training Expenses 800.00 EA. 1 $800.00 Estimated costs- actual will be billed (ESTIMATED)One Time Cost-Training and Expenses $ 15,050.00 Terms: Taxable Subtotal $48,350.00 Freight Total $48,350.00 These prices and terms are valid for thirty days. Customer Acceptance: Purchase Order# Page 1039 of 1269 TRANSCENDENT 333 Douglas Road E.Oldsmar,Florida 34677 Date: 19-Feb-20 Salesrep: Rich Christopher B City of Boynton Beach -Public Works S City of Boynton Beach -Public Works I ATTN: Andrew Mack H ATTN: Andrew Mack L 222 N.E.9th Ave. 1 222 N.E.9th Ave. L Boynton Beach, Florida 33435 P Boynton Beach, Florida 33435 T 561-742-6201 T 561-742-6201 O MackA@bbf1.us O MackA@bbf1.us Software-Annual Cost TRASUBSITE Transcendent Site Subscription $1,500.00 YR. 7 $10,500.00 TRASUBADDSITE Transcendent Site Subscription $150.00 YR. 7 $1,050.00 7 Facility/Full Sites 7 Additional Sites (100 Assets Max per site) TRASUBUSER Transcendent User Subscription 300.00 YR. 10 $ 3,000.00 Annual Recurring Totall $14,550.00 Implementation&Training-One Time Cost TRAPROMGT Transcendent Imp./Prof. Mgmt.Services 2,500.00 EA. 1 $2,500.00 TRAENTCONFIG Transcendent Enterprise Configuration 750.00 DAY 10 $7,500.00 TRAEXP Transcendent Ent. Config. Expenses 5,000.00 EA. 1 $5,000.00 TRAINSTALL Transcendent On-Site Training 750.00 DAY 3 $2,250.00 TRAEXP Estimated Training Expenses 800.00 EA. 1 $800.00 Estimated costs- actual will be billed (ESTIMATED)One Time Cost-Training and Expenses $ 18,050.00 Terms: Taxable Subtotal $32,600.00 Freight Total $32,600.00 These prices and terms are valid for thirty days. Customer Acceptance: Purchase Order# Page 1040 of 1269 7 T R A N S C KEE N D ImEm N T September 17,2019 This letter serves as a sole source document for the Transcendent EAM/CMMS product. Transcendent Is an Enterprise Asset Management system created by Transcendent Solutions to support asset details, preventive maintenance, documents and contracts improving ROI for facilities integrating asset management with mobility. Transcendent is sold throughout the US and Canada as well as globally in 80 countries exclusively by direct sales people.All software creation, development, copyright and ownership is solely the property of Transcendent Solutions. Respectfully, Steven Moore,CEO 333 Douglas Road E. I Oldsmar, FE 34677 1 Transcendent Solutions Page 1041 of 1269 8.A. PUBLIC HEARING 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) Explanation of Request: Legacy at Boynton Beach will occupy 2.76 acres in the CRA's Downtown District. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels classified Mixed-Use High (MXH), and zoned CBD, Central Business District. The applicant has requested to rezone the parcels to Mixed Use-Core (MU-C), a zoning designation corresponding to the MXH classification and carrying that classification's maximum density of 80 dwelling units per acre (du/ac). The rezoning would support a mixed-use project with 274 multi-family rental units and approximately 12,422 square feet of retail adjacent to Federal Highway. Although the proposed density of 98 du/ac exceeds the maximum density permitted in MU-C zoning, the project's location in the Downtown Transit–Oriented Development District (DTODD) allows the developer—contingent on the participation in the City's Workforce Housing Program—to utilize the DTOD District's 25 percent density bonus. MU-C is the designation recommended for this location by the CRA Plan. All areas north of the proposed project up to NE 4th Avenue, and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built(Ocean 500, Marina Village and Casa Costa) or approved (Ocean One and The Villages), are already zoned MU-C. The current CBD zoning of the properties assembled for the project is being gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the vision of the Downtown District embedded in the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project(in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 50 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The master plan includes features designed to mitigate the negative impacts of the project's height, bulk and scale on the adjacent low-rise residential properties. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on-street parking, street trees, and wide sidewalks. The Planning and Development Board reviewed this item at its September 22, 2020 meeting and forwards it with a recommendation of denial. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Page 1042 of 1269 Fiscal Impact: The project will expand the City's tax base. Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\Ang Legacy rezoning D Staff Report Staff Report D Attachment Exhibit Al. Owner list D Location Map ExhibitA2. Location Map D Location Map Exhibit B. Existing FLU classification D Location Map Exhibit CIL Existing Zoning D Location Map Exhibit C2. Proposed Zoning D Attachment Exhibit D. CRA Plan recommendation Page 1043 of 1269 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 LEGACY AT BOYNTON BEACH FROM CBD (CENTRAL 7 BUSINESS DISTRICT) TO MU-C (MIXED-USE CORE); 8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the applicant has requested to rezone the parcels to Mixed Use-Core 14 (MU-C), a zoning designation corresponding to the MXH classification and carrying that 15 classification's maximum density of 80 dwelling units per acre (du/ac); and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from CBD 26 (Central Business District) to MU-C (Mixed Use-Core). A location map is attached hereto as 27 Exhibit"A" and made a part of this Ordinance by reference. Legal Description: 28 PARCEL I 29 30 BINGHAM PROPERTY: 31 LOTS 5, 6, 7 AND 8, LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF- 32 WAY AND LOTS 95 AND 96 AND LOTS 65 AND 66 OF "THE LAWNS", 33 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF 34 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 35 36 PARCEL II 37 38 BOWDEN PROPERTY: 39 LOTS 9, 10, 11 AND I2 AND THE NORTH 10 FEET OF LOT I3, LOTS 15 AND 16, 1 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 1044 of 1269 40 "THE LAWNS", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT 41 BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 42 FLORIDA, LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF-WAY. 43 44 PARCEL III 45 46 SCAGGS PROPERTY: 47 LOTS 67, 68, 69 AND 70, "THE LAWNS", ACCORDING TO THE PLAT THEREOF 48 ON TILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR 49 PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9 AT PAGE 69. 50 51 PARCEL IV 52 53 DSS PROPERTIES PROPERTY: 54 LOTS 71 AND 72, "THE LAWNS", ACCORDING TO THE PLAT THEREOF ON FILE 55 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM 56 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9 AT PAGE 69. 57 58 PARCEL V 59 60 GARCIA PROPERTY: 61 CONDOMINIUM PARCEL A OF INTRACOASTAL MEDICAL BUILDING 62 CONDOMINIUM, A COMMERCIAL CONDOMINIUM, ACCORDING TO THE 63 DECLARATION OF CONDOMINIUM THEREOF, RECORDED FEBRUARY 8, 1980 64 IN OFFICIAL RECORDS BOOK 3229,PAGES 180 THROUGH 214 OF THE PUBLIC 65 RECORDS OF PALM BEACH COUNTY, FLORIDA, AND ALL AMENDMENTS 66 THERETO. 67 68 PARCEL VI 69 70 RUGGERI PROPERTY: 71 UNIT B OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, ACCORDING 72 TO THE DECLARATION THERE OF RECORDED IN OFFICIAL RECORDS BOOK 73 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 74 FLORIDA, AND ALL AMENDMENTS THERETO. 75 76 PARCEL VII 77 78 CHIODO PROPERTY: 79 UNIT C OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, A 80 COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 81 CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980 IN OFFICIAL 82 RECORDS BOOK 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH 83 COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO. 84 85 PARCEL VIII 86 87 SOLIS PROPERTY: 88 THE SOUTH 15 FEET OF LOT 13 AND ALL OF LOT 14, LESS THE WEST 25 FEET 89 THEREOF PREVIOUSLY DEEDED TO THE STATE OF FLORIDA FOR ROAD 90 RIGHT OF WAY PURPOSES, AND ALL OF LOTS 61, 62, 63 AND 64, "THE LAWNS", 91 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 69 2 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 1045 of 1269 92 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 93 94 PARCEL IX 95 96 SPENCER PROPERTY: 97 UNIT D OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, A 98 COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 99 CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980 IN OFFICIAL 100 RECORDS BOOK 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH 101 COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO. 102 103 PARCEL X 104 105 VACATED RIGHT-OF-WAY 106 A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 107 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 108 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT 109 THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF 110 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 111 FOLLOWS: 112 113 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 114 00000'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF 115 SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; 116 THENCE NORTH 88046'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF 117 SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 118 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH 119 FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST 120 ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND 121 PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 122 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT- 123 OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID 124 LOTS 8, 96,AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. 125 126 ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON 127 BEACH,PALM BEACH COUNTY, FLORIDA AND CONTAINING 120,347 SQUARE 128 FEET, (2.7628 ACRES), MORE OR LESS. 129 130 131 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 132 accordingly. 133 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 134 Section 5. Should any section or provision of this Ordinance or any portion thereof be 135 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 136 remainder of this Ordinance. 3 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 1046 of 1269 137 Section 6. This ordinance shall become effective immediately upon passage. 138 FIRST READING this day of October, 2020. 139 SECOND, FINAL READING and PASSAGE this day of , 2020. 140 CITY OF BOYNTON BEACH, FLORIDA 141 YES NO 142 143 Mayor— Steven B. Grant 144 145 Vice Mayor—Ty Penserga 146 147 Commissioner—Justin Katz 148 149 Commissioner—Woodrow L. Hay 150 151 Commissioner— Christina L. Romelus 152 153 VOTE 154 ATTEST: 155 156 157 158 Crystal Gibson, MMC 159 City Clerk 160 161 162 (Corporate Seal) 4 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 1047 of 1269 LOCATION MAP Exhibit A Z• 1 �'� ` �� f ��h i�� fit` k is�.. k � - �Lj � ,: E Ocean roomve , i � 19S si� tl � i � ➢}' Y`, r +t {M 4 i e ` f SE 1st Ave — ,a l st t + W4 f �; —E2nc! Ave t,9 Page 1048 of 1269 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-018 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Craig Pinder, Planner II DATE: September 16, 2020 PROJECT: Legacy at Boynton Beach REZN 20-001 REQUEST: Approve Legacy at Boynton Beach Rezoning (REZN 20-001) from CBD Central Business District to MU-C Mixed-Use Core with a master plan for 274 multi-family residential units and 12,422 square feet of retail. PROJECT DESCRIPTION Property Owners: Multiple Owners (see Exhibit Al) Applicant: Evan Vlaeminck, GCI Acquisitions LLC Agents: Brian M. Seymour, Gunster and Mark Richards, Kim ley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6t" Street (see Exhibit "A2") Existing Land Use/ Zoning: Mixed Use-High (MU-H)/ CBD Central Business District Proposed Land Use/ Zoning: Mixed Use-High (MU-H)/ MU-C Mixed Use-Core Proposed Use: Mixed-use project with 274 multi-family units and approximately 12,422 square feet of retail Page 1049 of 1269 Page 2 GCI Residential REZN 20-002 Acreage: 2.76 acres Adjacent Uses: North: Developed commercial properties, classified Mixed Use-High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way of SE 2nd Avenue, then developed commercial property classified Mixed Use-Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use-Medium (MXM) and zoned R-3 Multi-Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use-High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 6t" Street; West: Right-of-way of Federal Highway, then a mixed use project (500 Ocean), classified Mixed Use-High (MXH) and zoned MU-C, Mixed-Use Core. BACKGROUND Legacy at Boynton Beach will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan (the Plan). The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The parcels are classified as Mixed-Use High (MXH), the future land use (FLU) category allowing a maximum density of 80 dwelling units per acre (du/ac), and zoned CBD, Central Business District. The developer has requested to rezone the parcels to Mixed Use-Core (MU-C), a zoning designation corresponding to the MXH future land use classification and carrying that classification's maximum density of 80 du/ac. The MU-C is the designation recommended for this location by the Plan. The applicant proposes to develop a mixed-use project with 274 multi-family rental units and approximately 12,422 square feet of ground retail adjacent to Federal Highway. The proposed density of 98 du/ac exceeds the requested zoning's maximum density; however, since the project is located within the Downtown Transit–Oriented Development District (DTODD), the developer—contingent on the participation in the City's Workforce Housing Program—can utilize the DTOD District 25 percent density bonus. 2 Page 1050 of 1269 Page 3 GCI Residential REZN 20-002 Currently, there are three existing projects within close proximity to the project site that are zoned MU-C, including 500 Ocean, Casa Costa, and Marina Village. In addition, the Ocean One site plan has been approved under the MU-C zoning, but has not yet been constructed. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. 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 requested rezoning of the subject site aligns with the CRA's plan that calls for a vibrant downtown where people can live, work, and play in an environment that's bikeable and walkable. This vision is to be implemented through the development of the highest density and intensity projects within the area, supported by the City's most intense FLU and zoning designations and by the opportunity for additional DTOD District's density bonuses. A heightened rationale for intensification of downtown development has been driven by the planned Coastal Link commuter service station, which the 2012 Florida Department of Transportation's TOD Guidebook would classify as a Community Center station, requiring gross density for between 11 and 16 dwelling units per acre. 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 the Comprehensive Plan and Redevelopment Plan The Proposed MU-C zoning district is consistent with the recommendation of the 2016 CRA Community Redevelopment Plan and the City's Comprehensive Plan. The MU-C zoning district is intended to replace the existing Central Business District (CBD) zoned parcels classified as MXH, upon request from the developer. The rezoning is also consistent with the following Comprehensive Plan policies: Policy 1.18.1 The City shall continue to implement the Transit-Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within the Downtown TOD District(a % mile 3 Page 1051 of 1269 Page 4 GCI Residential REZN 20-002 radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor). The inner X-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. 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 proposed rezoning will not create an isolated district, nor will it constitute a grant of special privelege to the property owner. As stated in criterion "b", the proposed MU-C zoning designation is consistent with the recommendations of the CRA Plan and Comprehensive Plan and implements the MXH future land use classifcation as identified on the City's Future Land Use Map. All areas north of the proposed project (up to NE 4th Avenue), and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built (Ocean 500, Marina Village and Casa Costa) or approved (Ocean One, The Villages), are already zoned MU-C. The current CBD zoning of the properties assembled for the project is beeing gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the land use pattern envisioned for the Downtown District by the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project (in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 60 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The MXM classification is already on the ground on the north side SE 2nd Avenue, where all properties with the exception of the commercial lot on the corner of SE 2nd Avenue and the Federal Highway are residential and zoned R-3 (Multi-Family), a designation inconsistent with the MXM future land use category. 4 Page 1052 of 1269 Page 5 GCI Residential REZN 20-002 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) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning is a mixed-use high density development whose residents will have access to alternative modes of transportation including Palm Tran bus service along the Federal Highway corridor (with a bus stop located in front of the project), and, eventually, the Coastal Link station. In addition, the project also provides pedestrian connectivity through activated ground retail that supports the development of a pedestrian-friendly downtown and encourages residents and visitors to use a form of active transportation (walking or biking) for short trips instead of a private vehicle. The City's Sustainable Development Standards ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. For review of the project's sustainable design features, see the corresponding master plan/site plan staff report. 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. This request is for rezoning only. Long-term capacity availability for potable water, sewer, and solid waste was reviewed earlier as a part of the area-wide FLUM amendment following the adoption of the CRA Plan. (The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046.) The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 1,769 new daily trips, 59 new am peak hour trips and 138 new pm peak hour trips. The Traffic Division confirmed that, since the subject property is within the Traffic Concurrency Exception Area, it is exempt from the Palm Beach County Traffic Performance Standards. The PBC School District's review of The School Capacity Availability Determination (SCAD) letter submitted by the applicant concluded that there will be no negative impacts on the public school system. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. 5 Page 1053 of 1269 Page 6 GCI Residential REZN 20-002 f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(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 the response to criterion "c," as well as responses to criteria "a" and "b". The proposed master plan supported by the subject rezoning is compatible in scale and character with several nearby developments, either already built or approved. It is consistent with the vision of the Downtown District embedded in the CRA Plan, and will be compatible with the future redevelopment of the surrounding areas as the implementation of the Plan continues. The project is likely to increase some local property values. The master plan includes features designed to mitigate the negative impacts of the project's incompatible height, bulk and scale on the adjacent low-rise residential properties—a two-story condominium to the east, residential parcels to the south, across from the SE 2nd Avenue, and the Sterling Village community farther south and east of the SE 6th Street. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on street parking, street trees, and wide sidewalks. For details, see the corresponding staff report. 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) ould.(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. The proposed project generates economic development benefits as it presents an opportunity to become yet another contributor to a successful, lively downtown ("g1" and "g6"), bringing more development to the area and attracting more residents and visitors 6 Page 1054 of 1269 Page 7 GCI Residential REZN 20-002 to the City. Moreover, the density increase in the DTOD District is essential for support of the future Tri-Rail Coastal Link commuter service. The project has a potential to add a significant contribution to the City's tax base ("g2"). The direct impact on job generation would be modest ("g4"); however, there will be substantial indirect (multiplier) effects through increased demand for retail and restaurant uses. 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) onditions.(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 subject property is currently classified as Mixed Use-High. The proposed rezoning corresponds to that FLU classification and does not affect the type of land uses allowed on the property. The project includes 12,422 square feet of retail 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. There are no adequate sites elsewhere downtown for a high intensity mixed use project without considerable land assembly efforts. The City's downtown has very little vacant land left. The property is already classified MXH; both the MXH classification and the proposed zoning designation are consistent with the CRA Plan recommendation for the area. 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 concurrent master plan and site plan shall comply with the requirements of the MU- C zoning district and the site development standards of Part III (LDR), Chapter 4 prior to the issuance of any permits or certificate of occupancy. For the master plan/site plan review, see the corresponding staff report. 7 Page 1055 of 1269 Page 8 GCI Residential REZN 20-002 RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning and found that it implements the CRA Community Redevelopment Plan and the Comprehensive Plan objectives and policies. Therefore, staff recommends that the subject request be approved. s Page 1056 of 1269 206 S Federal Highway 625 SE 2nd Ave 0010 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 Bowden INC Sara N Garcia 1622 NE 4th Street 625 SE 2nd Ave#A Boynton Beach, FL 33434 Boynton Beach, FL 33435 SE V Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 One Twelve South Fed Hwy INC Maria CS Ruggeri W Bingham c/o PO Box 1182 3549 Harbor Cir Boynton Beach, FL 33425 Delray Beach, FL 33483 SE V Avenue 625 SE 2nd Ave 0030 08-43-45-27-04-000-0670 08-43-45-27-04-000-0030 Joseph W Scaggs Linda and Christopher Chiodo 728 Casa Loma Blvd 2515 SW 13th Ct Boynton Beach, FL 33435 Boynton Beach, FL 33426 SE 1st Avenue 625 SE 2nd Ave 0040 08-43-45-27-04-000-0710 08-43-45-27-04-000-0040 DSS Properties Howard and Marianne Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 1057 of 1269 Federal Highway 08-43-45-27-04-000-0131 Francisco and Olga Solis 80 SW 15th Court Boca Raton, FL 33486 212 S Federal Highway 08-43-45-27-04-000-0150 Downtown Properties of South Florida LLC 4283 Fox Trace Boynton Beach, FI 33436 Page 1058 of 1269 LOCATION MAP Exhibit A2 sst at z ' s� mx W s F E Ocean Ave Id r S�i• ��'`f��1 3ti�� ,.tG4 � SSE 1stFAV e f. h ii s 5 r � SE-2nd Ave i -4 l�tils5 �� 5 r� Page 1059 of 1269 Exhibit B LEGACY AT BOYNTON BEACH: FUTURE LAND USE E-Ocean-Ave MEDR _ , SE 1-st-Ave � t� I W SITE � S E i2 nd Ave N d-Ave Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MIXED USE MEDIUM (MXM), 50 D.U./Acre I MIXED USE HIGH (MXH), 80 D.U./Acre 0 45 90 180 270 FCRgt269 Exhibit C1 LEGACY AT BOYNTON BEACH: CURRENT ZONING E-Ocean-Ave a _ SE=1-St=Ave W W I ME 0 W ------ --SE i2 nd Ave id- Ave--Legend Zoning R3 Multi Family, 11 du/ac s C3 Community Commercial t CBD Central Business District MU-C Mixed Use Core, 80 du/ac 0 45 90 180 270 FcRgt269 Exhibit C2 LEGACY AT BOYNTON BEACH: PROPOSED ZONING E-Ocean-Ave a = SE=1-St=Ave W W SI E 0 W U S E i2 nd Ave id- Ave--Legend Zoning R3 Multi Family, 11 du/ac s C3 Community Commercial t CBD Central Business District MU-C Mixed Use Core, 80 du/ac 0 45 90 180 270 FcRgt269 EXHIBIT D. CRA PLAN FLU RECOMMENDATION ` ' FOR LEGACY AT BB SITE I �.YC I � � f mar ' til I ry t � P $ � r � w R....5onal(R) t i {x. - - Indusinal (1? Low Density Residential(LDR)5 du/ac 1Medum Density Residential(MDR)11 du/ac High Density iResidential(HDR)15 dulac =Special High Density Residential(SHDR)20du/ac Instiluationa9(PPGI) 9 f :,Local Retail Commercial(LRC) General Commercial(GC) ( j,,J�`, 't+�r�+l fxed Use Low(MUL)20 dulac Mixed Use Medium(MUM)50 dulac MMered Use High(MUH)80 du/ac TOD � f. Figure 43: Recommended Land Use for the Downtown District 87 Page 1063 of 1 9 8.B. PUBLIC HEARING 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 11t Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) Explanation of Request: The applicant is requesting to abandon (ABAN 20-009) a portion of the improved 45-foot wide right-of-way of SE 1St Avenue extending from Federal Highway east for a distance of approximately 175 (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NW SP 20-003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. 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 attached analysis, staff has determined that the subject right-of-way no longer serves a public purpose other than retention of a utility easement, if warranted and therefore recommends APPROVAL of the request, subject to the accompanying conditions. At the September 22, 2020 Planning & Development Board meeting the Board recommended to not approve the item. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Fiscal Impact: The project will expand the City's tax base. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Page 1064 of 1269 Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving abandonment of a portion of the 45 foot ROW D Staff Report Staff Report D Location Map Exhibit A® Location Map D Location Map Exhibit B -Abandonment Area D Drawings Exhibit C ® Survey D Conditions of Approval Exhibit D ® Conditions of Approval Page 1065 of 1269 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A PORTION 5 OF THE IMPROVED 45 FOOT WIDE RIGHT-OF-WAY OF 6 SOUTHEAST 1sT AVENUE RUNNING EAST FROM FEDERAL 7 HIGHWAY FOR A DISTANCE OF APPROXIMATELY 175 FEET; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE A 9 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 10 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 11 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Applicant is requesting abandonment of a portion of the improved 45- 14 foot wide right-of-way of SE Pt Avenue extending from Federal Highway east for a distance 15 of approximately 175 feet; and 16 17 WHEREAS,staff has determined that the requested abandonment would not adversely 18 impact traffic or other City functions, and would not adversely impact other adjacent property 19 owners; and 20 21 WHEREAS, comments have been solicited from the appropriate City Departments, 22 and public hearings have been held before the City Commission on the proposed abandonment; 23 and 24 25 WHEREAS, staff has determined that the subject right-of-way no longer serves a 26 public purpose other than retention of a utility easement, if warranted and therefore 27 recommends approval of the request, subject to the accompanying conditions. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and incorporated 33 herein by this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, does 36 hereby abandon a portion of the improved 45 foot wide right-of-way of SE Pt Avenue running 37 east from Federal Highway for a distance of approximately 175 feet. The property being 38 abandoned is more particularly described as follows: 39 40 PORTION OF RIGHT OF WAY KNOWN AS SE IIT AVENUE 41 A PORTION OF THE RIGHT-OF-WAY OF SE ist AVENUE LYING BETWEEN LOT 8, 42 LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 43 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT 44 THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF 45 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 46 FOLLOWS: 47 {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 1066 of 1269 48 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 49 00000'00"EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID 50 LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66;THENCE NORTH 51 88046'20"WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE I st AVENUE, 52 ALSO BEING THE NORTH LINE OF SAID LOTS 66,65,AND 9,FOR 174.99 FEET TO A 53 POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US 54 HIGHWAY NO. 1); THENCE NORTH 00000'00"WEST ALONG SAID EAST RIGHT-OF- 55 WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY 56 EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 57 88046'20"EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE I st AVENUE, 58 ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO 59 THE POINT OF BEGINNING. 60 61 ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON 62 BEACH,PALM BEACH COUNTY,FLORIDA AND CONTAINING 7,875 SQUARE FEET, 63 MORE OR LESS. 64 65 Section 3. The City Manager is hereby authorized and directed to execute the 66 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records 67 of Palm Beach County, Florida. 68 69 Section 4. This Ordinance shall take effect immediately upon passage. 70 71 FIRST READING this day of October, 2020. 72 73 SECOND, FINAL READING AND PASSAGE THIS day of October, 2020. 74 75 CITY OF BOYNTON BEACH, FLORIDA 76 77 YES NO 78 Mayor— Steven B. Grant 79 80 Vice Mayor—Ty Penserga 81 82 Commissioner—Justin Katz 83 84 Commissioner—Woodrow L. Hay 85 86 Commissioner— Christina L. Romelus 87 88 VOTE 89 ATTEST: 90 91 92 Crystal Gibson, MMC 93 City Clerk 94 95 96 (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 1067 of 1269 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 improved 45 foot wide right-of-way of SE lst Avenue running east from Federal Highway for a distance of approximately 175 feet. The property being abandoned is more particularly described as follows: PORTION OF RIGHT OF WAY KNOWN AS SE IIT AVENUE A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9,LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS",ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST ALONG SAID EAST RIGHT-OF-WAY,LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95,FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. 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 October, 2020. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 1068 of 1269 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto 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 , 2020. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 1069 of 1269 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-023 TO: Chair and Members Planning & Development Board FROM: Amanda B. Radigan Principal Planner THRU: Ed Breese Planning & Zoning Administrator DATE: September 15, 2020 SUBJECT: Request for abandonment of a portion of the improved 45 foot wide right-of- way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet (ABAN 20-009). BACKGROUND The applicant, Evan Vlaeminck with GCI Acquisitions LLC is requesting to abandon(ABAN 20-009) a portion of the improved 45-foot wide right-of-way of SE 1 st Avenue extending from Federal Highway east for a distance of approximately 175 feet (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NWSP 20-003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. This abandonment is for the following platted street segment: A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20"WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00"WEST ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and Exhibit"C" is a Boundary Survey of the portion of the right-of-way to be abandoned and its legal description. Page 1070 of 1269 Page 2 Memorandum No. PZ 20-023 ABAN 20-009 The following is a description of the zoning districts and land uses of the properties that surround the subject request. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: North: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of MU-Core (Mixed Use Core). South: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of Mixed Use Core (MU-C). East: The continuation of the right-of-way for SE 1St Avenue, then farther east developed multifamily with a Future Land Use classification of Medium Density Residential (MEDR) and a Zoning designation of Multifamily (R-3). West: Right-of-way for Federal Highway, then farther west a developed mixed-use project known as 500 Ocean Future with a Future Land Use classification of Mixed Use High (MXH)and a Zoning designation of Mixed Use Core(MU-C). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission 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, with the provision of the relocation of the existing utilities (see Exhibit D) Planning and Zoning No objection, with recommended condition (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost. AT&T No objection, with conditions (see Exhibit D) Florida Public Utilities No objection Comcast No objection, with conditions (see Exhibit D) Windstream No objection Page 1071 of 1269 Page 3 Memorandum No. PZ 20-023 ABAN 20-009 RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions based on the remaining street network in the immediate vicinity and would not adversely impact other adjacent property owners. Based on the above-analysis, staff has determined that the subject right-of-way segment, located within the confines of the proposed development of Legacy of Boynton Beach, no longer serves a public purpose other than retention of necessary utility easements, if warranted and therefore recommends APPROVAL of the 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 "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)WBAN 20-009\_StaffReport\_Staff Report ABAN 20-009.doc Page 1072 of 1269 Exhibit A PROPOSED ABANDONMENT - GENERAL LOCATION , VI : !� b - #� f § L W _ s 1 s,. I ff r Page 1073 of 1269 Exhibit B PROPOSED ABANDONMENT �- �� ) 75 )� -- �• �9s�y�(t lis}� t �,}sS�F1(� ) � � � �� - a 5 $r� y SSE� 1st Ave �� S p P t r I �s r 4' _ �•�_ �, � its�s , y Page 1074 of 1269 EXHIBIT "C" rim SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777®FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 LEGAL DESCRIPTION: (RIGHT-OF-WAY VACATION) A PORTION OF THE RIGHT—OF—WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00" WEST ALONG SAID EAST RIGHT—OF—WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO.1) BEING N00°00'00"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF PALM BEACH COUNTY. FILE: Cl RESIDENTIAL SHEF 1F 2 ,; THIS �:/tH I:ELALN NOR SCALE: N/A DRAWN: L.S. CpMPHD 2 ORDER NO.: 67201DATE: 5/18/20RIGHT-OF-WAY VACATION OHN �dPULICE, PROFESSIONAL SUA91❑ BET ° BURNS, PROFESSIONAL SURVPNBEACH,PALM BEACH COUNTY,FLORIDA ❑ VISOR R. GILBERT, PROFESSIONAL S6274 I RESIDENTIAL SITE STATE OF FLORIDA FOR: GC Page 1075 of 1269 EXHIBIT "C" cis SKETCH AND LEGAL DESCRIPTION cm BY SURVEYORS,PULICEE LAND 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E-MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 I=W LOT 5 LOT 96 LOT 95 N�. EAST LINE 1 I LOT 95 LOT 6 POINT OF LOT 94 LOT 93 LOT 92 LOT 91 LOT 90 LOT 89 LOT 88 25' BEGINNING ~1 LOT 7 SE'CORNER I THE I LAWNS" — LOT 95 PLAT BOOK 9, PAGE 69 LOT 8 SOUTH LINE r. L� LOTS 8, 95, 96 LU — Q r r �e O- NORTH RIGHT- O t� SqE 1 Sty YE , g/ o O OF-WAY LINE Ca L Z N8846'20'W 174.99' o SOUTH RIGHT- 07T IGHT- _ O C OF-WAY LINE NORTHI66 NE CORNER�65 U_ ILOT 10 ] LOT 66 ®_ X30 EAST LOT 66 wc'6LOT 67 LOT 68 I LOT 69 LOT 70 LOT 71 LOT 72 LOT 73 j 11� LOT 65 LOT 66 "THE LAWNS"I �I 5' _ LOT 12 PLAT BOOK 9, PAGE 69 =Iw = LOT 13-+ � - - - —+ — � - - -� — - - - - � �Q Wo LOT 14� LOT 64 LOT 63 LOT 62 LOT 61 LOT 60 LOT 59 LOT 58 LOT 57 LOT 56 LOT 15� LOT 16 SE 2nd AVENUE FILE: Cl RESIDENTIAL $I-IEE"r 2 OF 2 THIS DOCUMENT IS NEITHER FULL OR SCALE: 1°'=80° DRAWN: L.S. COMPLETE WITHOUT SHEETS 1 AND 2 ORDER NO.: 67201 DATE: 5/18/20 RIGHT-OF-WAY VACATION BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA FOR: GCI RESIDENTIAL SITE Page 1076 of 1269 EXHIBIT "D" Conditions of Approval Project Name: Legacy at Boynton Beach File number: ABAN 20-009 Reference: 41h review of plans identified as a Abandonment 20-009 with a September 8, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ UTILITIES Comments: 1. Per the City Utility Department, the approval of the requested abandonment is contingent on the relocation of the existing X utilities. PLANNING & ZONING Comments: 2. The approval of the requested abandonment is contingent on the permitting and construction of the project within the allowable X timeline permitted by the Development Order and/or the Building Division. UTILITY COMPANIES Comments: 3. Per Comcast, a new easement is required to replace the existing fiber and coax cable; the developer will be responsible for X associated cost. 4. Per AT&T, active service on property 625 SE 2nd Avenue must be X disconnected before demolition. 5. FP&L has not responded to the request for abandonment as of the date of this report. If easements and relocation of utilities are X necessary the developer will be responsible for associated cost. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)WBAN 20-009\_StaffReport\Exhibit D-COA ABAN 20-009.doc Page 1077 of 1269 8.C. PUBLIC HEARING 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight(8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) Explanation of Request: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to rezone the property from CBD (Central Business District) to Mixed-Use Core (MU-C). The second application, NWSP 20-003, is for New Site Plan approval, which proposes an 8-story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi-family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25%. Lastly, an application for the Abandonment(ABAN 20-009) of a portion of SE 1st Avenue, east of Federal Highway has been submitted. The proposed project's main vehicular access point is located at SE 2nd Avenue, east of Federal Highway, with a secondary access point on SE 1St Avenue. The project's access design is contingent on the approval of three (3) Engineering Waivers. The architectural style for the project is a mid-rise modern interpretation of"Coastal" architecture, which is a variation of Florida Vernacular Architecture. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the coastal architectural style. At the September 22, 2020 Planning & Development Board meeting the Board recommended to not approve the item. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Fiscal Impact: The project will expand the City's tax base. Alternatives: Page 1078 of 1269 None recommended 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 Exhibit Exhibit All ® PCN and Owner List D Location Map Exhibit A2 ® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 1079 of 1269 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-019 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Craig Pinder, Planner II DATE: September 16, 2020 PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) REQUEST: Approval of a New Site Plan Application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. PROJECT DESCRIPTION Property Owner: Multiple Owners (see Exhibit Al) Applicant: Evan Vlaeminck, GCI Acquisitions LLC Agent: Brian M. Seymour, Gunster and Mark Rickards, Kimley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street (see Exhibit "A2" — Site Location Map) Existing Land Use: Mixed Use-High (MXH) Proposed Land Use: MXH (Mixed Use High) Existing Zoning: CBD (Central Business District) Proposed Zoning: MU-C (Mixed Use Core) Proposed Use: Mixed use development with 274 multi-family units, approximately 12,422 square feet of commercial space, recreational amenities, parking, and other related site improvements. Acreage: 2.76 acres Page 1080 of 1269 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 2 Adjacent Uses: North: Developed commercial properties, classified Mixed Use-High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way for SE 2nd Avenue, then developed commercial property classified Mixed Use-Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use-Medium (MXM) and zoned R-3 Multi-Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use-High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 6th Street; and West: Right-of-way of Federal Highway, then a mixed-use project (500 Ocean), classified Mixed Use-High (MXH) and zoned MU-C, Mixed-Use Core. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to 2 Page 1081 of 1269 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 3 rezone the property from CBD (Central Business District) to Mixed- Use Core (MU-C). The second application, NWSP 20-003, is for a New Site Plan approval, which proposes an 8-story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi-family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25% (see Exhibit C —Conditions of Approval). Lastly, an application for the Abandonment (ABAN 20-009) of a portion of SE 1St Avenue, east of Federal Highway has been submitted. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The project would generate 1,769 new daily trips with 59 AM peak trips and 138 PM peak trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. The Fire Department has requested additional information to ensure that the drive aisles and turnarounds are meeting the City's requirements (see Exhibit C—Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. 3 Page 1082 of 1269 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 4 The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Additionally, the project has the opportunity to utilize the Downtown Stormwater improvement Watershed for a fee-in-lieu-of capital contribution (see Exhibit C — Conditions of Approval). Access: The proposed project's main vehicular access point is located on SE 2nd Avenue with a secondary access point on SE 1St Avenue. The projects access design is contingent on the approval of three (3) Engineering Waivers. The first Engineering Waiver is a request to reduce the driveway throat depth from the required 100 feet to 60 feet; the second request is to waive the require 12-foot-wide left turn lane for the left turn movement into the garage on SE 2nd Ave; the last request is to reduce the required 22-foot width of SE 2nd Ave to 20.9 feet (see Exhibit C — Conditions of Approval). A portion of SE 1St Avenue is proposed to be abandoned (refer to concurrent application ABAN 20-009) and will no longer connect to Federal Highway, but instead will provide direct access to the parking garage. In addition, the project also provides 20 on-street parking spaces to serve the retail uses on the first floor of the project. Sidewalks are provided along all street rights-of-way. The proposed sidewalks are a minimum of ten (10) feet in width and are lined with street trees for shade. The sidewalk along Federal Highway also abuts a covered eight (8) foot active area that may be used for outdoor dining and commercial uses. The project also proposes a private dog park along the eastern property line and a hardscaped plaza along the north property line to encourage pedestrian activity along the ground floor. There is limited pedestrian access from SE 2nd Avenue into the private amenities for the residents. Parking: Off-street parking for the MU-C zoning district requires 1.33 parking spaces for studios and one-bedroom units, and 1.66 parking spaces for two (2) or more bedroom units. The project proposes 274 units (155 studios and one-bedrooms, and 119 two and three-bedrooms), which would require 404 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 41 parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 12,422 square feet of retail, thereby requiring an additional 63 parking spaces (see Exhibit C — Conditions of Approval). In addition to this, the developer will maintain a parking agreement with Two George's to provide 20 parking spaces 4 Page 1083 of 1269 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 5 for their use. Under this standard methodology for calculating required off-street parking spaces, a grand total of 528 parking spaces would be required. The site plan proposes 530 parking spaces, an excess of two (2) spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90-degree parking and 8 feet by 22 feet for parallel spaces. The applicant is proposing a seven (7)-story parking garage that would accommodate up to 510 vehicles. A resident gate would be placed in the garage with a turnaround space for non-residents. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents to minimize the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the developer (see Exhibit C — Conditions of Approval). There are an additional 20 on-street parking spaces; ten (10) on Federal Highway; and ten (10) on SE 2nd Avenue. Landscaping: The Plant List (Sheet L200) indicates that the project would add a total of 100 canopy and palm trees, 297 accent and shrub specimens, and 1,469 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Cathedral Live Oak, Natchez Crape Myrtle, Gumbo Limbo, Pigeon Plum, Yellow Bells, Cabada Palm, Alexander Palm, Royal Palm, and Sabal Palmetto. The applicant has chosen Coontie, Milkweed, and Firebush as butterfly attracting plants. Projects proposed in the Mixed-Use Core (MU-C) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed around the private terraces and along the building foundation, and street trees placed between 5 Page 1084 of 1269 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 6 the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Lastly, a 15-foot wide urban landscape buffer is provided along the east property line; a wall is required within the buffer to mitigate impact to the adjacent property (see Exhibit C — Conditions of Approval). Building and Site: The proposed site area totals 2.76 acres. The proposed mixed-use buillding contains 274 dwelling units which are located above the retail spaces fronting Federal Highway and wrapping a central parking garage. Along SE 2nd Ave the building creates a large courtyard which allows for the ground floor amenity deck to be visable from the unit balconies. The retail portion of the project totals 12,422 square feet and provides an elevated covered arcade adjacent to Federal Highway. As noted previously, the parking garage has seven (7) levels of parking, with dedicated resident parking. A portion of the parking garage is visable from SE 1 st Ave and is to be treated with a landscaped wall feature (see Exhibit C — Conditions of Approval). Of the 274 residential units, 20 are studio, 135 are one (1) bedroom, 93 are two (2) bedroom, and 26 are three (3) bedroom units. The units range in size from 650 square feet to 1,350 square feet. Each unit also has a balcony or terrace that either faces out towards the street or in towards the ground floor amenity deck. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use Core (MU-C) zoning district has a maximum FAR of 4.0. The project is also located within the"Transit Core" (1/4 mile radius of the planned station), which requires that new development have a minimum density of 40 dwelling units per acre; the project proposes a density of 99.3 du/ac. (based on a 25% density bonus gained from particpation in the Work Force Housing Program) and a minumum FAR of 2.0; the project has a proposed FAR of 2.91. Building Height: The maximum building height allowed in the MU-C (Mixed Use Core) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the mixed-use building at eighty-four (84)feet, with an overall height of approximately ninety-four(94)feet, 56 feet below the maximum allowable height. Along Federal Highway, the proposed building elevations show that the building steps back ten (10) feet at an approximate height of twenty-six (26) feet and then extends to its overall height. 6 Page 1085 of 1269 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 7 Setbacks: The MU-C zoning district requires no building setbacks, but rather a zero (0) build-to line with accommodation of the required pedestrian zone. The Land Development Regulations requires the building to be setback to allow for an enhanced public realm that includes 2.5 feet— 5 feet for street trees, 10 feet for sidewalks, plazas, and 8 feet for active areas such as outdoor seating and retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback along the length of the building is between 23 feet and 25 feet. Along SE 2nd Avenue, the building setback is between 3.4 feet and 3.9 feet except for the areas of the ground floor amenity deck, which is setback to approximately 85 - 120 feet. The building setback along SE 1St Avenue is approximately 5 - 14 feet. The eastern property line abuts the adjacent property where the setback is 30 feet and includes a dog park with landscaping. Lastly, the building is setback between approximately 26 and 62 feet from the northern property line to allow for the required useable open space. Amenities: As noted above, the project proposes a hardscaped plaza at the northern end of the project which connects to the pedestrian zone along Federal Highway. In addition, a covered active area is proposed along Federal Highway to encourage a mixture of active uses along the exterior of the ground floor retail spaces, and pedestrian zones abut SE 1St Avenue and SE 2nd Avenue. The pedestrian zones include a street tree area, sidewalks, active areas and covered walkways. The project has been designed with a large interior courtyard for resident use, containing the community pool, outdoor lounging areas, and lush tropical landscaping. The private amenities located within the building will include a host of programmed spaces on the ground floor and a rooftop amenity for the residents' enjoyment. The developerwill also be working with Palm Tran of Palm Beach County to relocate and create a new transit shelter, designed utilizing some of the architectural characteristics of the mixed use project (see Exhibit C— Conditions of Approval). Design: The intended architectural style for the project is a mid-rise modern interpretation of"Coastal" architecture, which is a variation of Florida Vernacular Architecture. This architectural style fosters a sense of place and identity for the district. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway and provides shade and protection. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black 7 Page 1086 of 1269 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 8 window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the Coastal architectural style. The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building mass fronting SE 2nd Avenue steps back and wraps the ground floor amenity deck, creating a break in the building mass. This approach mitigates the impact of the building's height on the multifamily properties to the south. Along Federal Highway, the building maintains its mass along the length of the road and varies in height to create tower elements at the north end, middle, and south end of the building. As mentioned previously, the building facing Federal Highway is stepped back ten feet at a height of 26 feet in order to move the mass of the building farther from the pedestrian environment. Sustainability: Mixed use developments must achieve a minimum of 25 sustainability points (see Exhibit "C" — Conditions of Approval). The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 75% of the non-roof -impervious site 6 Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Building Color - Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances - All appliance with in a building are 100% energy star. 2 Recycle & Waste Reduction Recycle Content in infrastructure For all new roadways, parking lots, sidewalks, and curbs. 2 8 Page 1087 of 1269 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 9 Recycle station \ dumpster area Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Green Wall - Provide a minimum of 600 square feet of an irrigated vegetated wall, which is visible from right- of-way or private amenities. 4 TRANSPORTATION Parking Structure At least 75% of the development's total number of required off-street parking spaces is contained in a parking deck or garage. 2 Electric Charging Stations - Provide four (4) over the required number of electric car charging stations. 4 Total Points 26 Lighting: The photometric plans (Sheets PH-1 & PH-2) include 19 freestanding pole light fixtures, with pole height of 20 feet. The condition of approval requires the ground level poles and fixtures to match the design of the existing poles and light fixtures along 500 Ocean and Casa Costa. In addition, the condition of approval requires the spot reading to be a maximum of 5.9 foot-candles (see Exhibit "C" — Conditions of Approval). Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Team regarding the art and its placement. The project proposes Public Art throughout the site including utilizing the building walls, site fountains, public courtyards and walkways. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit"C"—Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)\NWSP 20-003\_StaffReport\_Legacy at Boynton Beach Staff Report(NWSP 20-003)DRAFT.doc 9 Page 1088 of 1269 EXHIBIT Al — List of Owners & PCNs 206 S Federal Highway 625 SE 2nd Ave 0010 Federal Highway 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 08-43-45-27-04-000-0131 Bowden INC Sara N Garcia Francisco and Olga Solis 1622 NE 4th Street 625 SE 2nd Ave#A 80 SW 15th Court Boynton Beach, FL 33434 Boynton Beach, FL 33435 Boca Raton, FL 33486 SE 1St Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 212 S Federal Highway One Twelve South Fed Maria CS Ruggeri 08-43-45-27-04-000-0150 Hwy INC 3549 Harbor Cir Downtown Properties of W Bingham c/o PO Box South Florida LLC 1182 Delray Beach, FL 33483 4283 Fox Trace Boynton Beach, FL 33425 625 SE 2nd Ave 0030 Boynton Beach, FI 33436 SE 1St Avenue 08-43-45-27-04-000-0030 08-43-45-27-04-000-0670 Linda and Christopher Chiodo Joseph W Scaggs 2515 SW 13th Ct 728 Casa Loma Blvd Boynton Beach, FL 33426 Boynton Beach, FL 33435 625 SE 2nd Ave 0040 SE 1St Avenue 08-43-45-27-04-000-0040 08-43-45-27-04-000-0710 Howard and Marianne DSS Properties Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 1089 of 1269 LOCATION MAP Exhibit A2 sst at z ' s� mx W s F E Ocean Ave Id r S�i• ��'`f��1 3ti�� ,.tG4 � SSE 1stFAV e f. h ii s 5 r � SE-2nd Ave i -4 l�tils5 �� 5 r� Page 1090 of 1269 Exhibit B — Project Plans Page 1091 of 1269 oZOL/eo/6o�Ltl°HHf 1j HOV36 NOLNd09 IN" sosce OII IVUN30232J IOS w o oz �N�53�d�� N ��ozo�� sw erv�Nw�,ti oma.a3 � Nd1d �l�s ao�a3avd3ad o 'ad'dwntaoe avnwsor Noaoa adas� �OV39 UJOH��(Aalwi000zaoeL NOINAOS J.OVSEI1 v ��3�oad HHH 6R F� W - J U u v a� <m pAQ< mss 133aiS H19 35 s _ El 6.0 �uw r w w0. 1 1 ea - � nnenen a nnn �a m8 u yu d - 3 t d'3=^ LLEo� T 11 NO u o z ®I g o..o.o-o.E� �LLLL oz��c ----49999499--,0 - �Wd � o000000000aownu w ooa000 E > n 4g 'a �C mao 0-0 4 - 55 m - a a<IrW a --g x� `$ Z w p W 0 g �zzs �zz= - LL H FT Hm eff s o. n W w v . , g a nZ h € W k H f 23 I OY o{ m e , b b mmm.m mmmmmmm,. o � E mmmm ..,,"":`.:=4 /.VMH`JIH ]Vd343J 5 ... .. ... " = m m $ 'A eTTx p c IT m S S� �z ..a....a.w......�.w,.,..e..�,...:.,� nxb�a nrs oo,-=•�••,s•=� ami PnWq••=�.. a��-oo««o..��u me:. w°zz«:.� «oz'ea yawn �u 3�5 1 _1 xo.3e,o.w.oe—31:- Page 1092 of 1269 a9 r r .w, y nny iRp>a pea pa3 t4 3sa Aa 4�tsd f T"In4 u d IenRn _ „J„� Nb,d F ;Ll S') SH911tlR3�3 ii01'Hm"Hlws Y HEld Zl aw 1x� uil IF t p t I `is { '17 S i J1 + 1 w. u �y i t t = 1 1 3' 1 p G 4 i S G 4 bud ii v'- lLJ t II he 3 '. r .I1 od 3 yl ttt Page 1093 o 1269 t 4 [ ]'(� mg55 p>a p�+ P'�3 Zi 3�v�Ae• �� r �.`,"1F!o"'.l�.✓N'NhI Nb,7 �VSf9 F £ 9@5 �� . " rti 1 r s sir , I x t. . r r � - IVIi } j I t. P I k i � fa t 6 rr" �,n y - wl 1E tlE Y- i f } ;i 9: i 1 } f WE 4 Sf U. k I P �2 Page 1094 o 1269 uvauhaa i rig lit a 4 [ ]'(� mg55 H kea P�3 Zi 3�a AAs s�tdd f Yw,n,}u.i�eVA �.`,"1f 7..J,.l�.✓N'NhI . LvAslaumx alxaHIWN "a fi i a ; 1 1 r z fli I i �l! I I1C11" y 1-7 rr 17 r f " _. s t s ,i LU E71 4 O Lu 2 Lt Page 1095 o 1269 ne 3iva sxoisw3a -°x ;v Naf Ae mw3ro 13 HOV36 NOLNAQ6 sbeaa000+O wm'xaox n3�w;+MMM - .e rwvaa s<<e LHx QHS �L sea HLL�xs 3xoHa y se�e�9wv, o�" 011 'lb'I1N341S32i 10S o 5 ��«x sw °33e�a o Rx " =o NV�d3dVOSaNV1= ad35HOd39 000ZdobUJUH#(AalUi} NOlNAOS AOVSEI� 1�3�HHd HHH x x xxx x x s� o gf w ° w zri raNar � �- O m mF wFa LLOq CoQ 3Zkwo -� x x x x x x x x x x x x x x x x x x x K � F Fwm - U m N-Uam Fc�S r 4w? OFFmd £z a�w�V �4�or 0� ��u £OSKp £Q azmW o r� ow -� ZQ oO,NOZ FFrroV'w�? - ZZU W4 qw �Ow ��t�r °4 Ld wOz ��wwN4 qFNZ0 vri Nra<x x x x x x x x x x x ONO �zZda 4 mQa �NZm40w Qx�6�U, - - - - - "two ww air3wo zowar as°ow �� z.wS ma �ro�w> �s��rowzrc °Q� �0��3 � " �•`•w �� cmwQuia �r� 3d4U w��d�d d3 M.. ua 141— 03 U ?U_F m Iii w w w V u' _ r r Is m m m _ 'm m N r m r a ° a z o4 �� Oo � mo afN m� ar ° « N � o gh, .. F w Y N £ u. £ y ° E m f ° a Q m w 6 w z Q F s K r LL m m a^ rrQ� mQw U K Fw 3 Kt�p °s m Q Q - w v >m �> w w rc m ~ z�u3w >a rz v mmm aLL 1 a LLN w z m m K K Ow LL ex OZ � ?F ON Omer Q Op Vw uu � �.. a OO^ oQ yF O Om I • �.. £ zu� r F omvQ wQ ozQ �aN ° 3F OQZppw w 3 �m w z Kru o �wUQ roOwa wK r F d O £O LLLL z �u�IQa N z3m " ` w�� Q :�- w ...... xna zarasa'roi soz-i•wvs�ia care Pn••awn••�re im-aoonron iwo aae�v w �aoe. azoz o••awn xna zarasa'roi ooz-ix =i rone'azw.oe eovazi a•s wvs n�ro••••ea wn=ia Page 1096 of 1269 oaoa/eo/oo"—na ii Hovae NoiN;.oe "11NIll 13111 sosce 0 `�b'IlNEIG El 3 IOSJ m o ^ "" 1—IN "" « � Nb-ld 39VN�V'Xl (INV ao�o3ava3aa =o 3Ad�—NHOH 11-10 —V sd 31111 d'NiNaoH JVOHsor ozoatiad3s ONIGV19 ONIAVd OV38 wU UJOHO(AaIWIN 000zArob[ NOlNA08 AOVO3� A�3road d Z o_ 3 8g E=e B % - - - W WWI-, IN ? a J w o rc � �`: 5�i< om sFS a�: 34 A 5 rc r i- v d W� € � `�` €,: e as qo a _ o z - o - 3 o i a p H= oda H`c £€ ><F `s W �> r v tt r o o- rc w O w €a a o=o -- o o o - c o j "4 e�€ d e� - s z =o o< o -o jb ao ��„ €€€ maw lw o zzs� as �o Yg � E as a ma F a ; �$ Asa „ .�•s - ; 2 § m s aimm 'amo� „ Li �' 'p =gbgan �� a a= aaWZ� o = ?° �' z vig Wd= g W � _ < ps . - o - a�as;� m�k�; u s doj_ s Oz _ _ z ;as.a pr`s -@` o ez z 'za z 3 s &Sa=y LYCcgX wa vi vi o � -.x6 gm a o o ---- --- _ a a� a p-eoz aa'"a na o N 3 p 4 �p aI F� i x--- a< --Gil . a- ado N N w N a " v y. ' e£;SFv aa: : e _ _7" � �W;.e: a a as Llj J it II � 10'9-0133HS DES 3NI�HOiVAI w � Z- ` z o �zle n m W =5 ^ z 44 ril , a N � �„ r am o00 a t _ I o �6 ®I �;I�I i 70 1 s W IIsF ,=1a1 a9 �� F py 7 rL�ir.J ry �. m n� m mw v Q Q O LL � . v � 77 v r� y a10 Man,nW a kS =.. � f i N00 a z a � s El ui ui ui 3 ' ` a a rr c Z NI --gg,x 3z ),VMH91H lV83433 S a a c. 1 a o of 1269 1— SNOISIA]d -N OZOZ/80/60"d0 Ha ]A HOV39 NOLNn09 9D9L9 0-n`-WaoU�No33avad3ISad323 IN �I �d 39VNIVX] (INV � �z ozOzH1eNb o a3�O�s d'NN�,aVNsoN "oZOZ�"d35JNIGV'19 9NIAVd HOV38 000ZILNH NOlNA08 AOV93-1 4D- _ J - a ._ mWo o ? a _ so€ ; N � N W a m des s _Ru o _ wz - - _ ee gas g spa s€ m - a ?F J J S -> rc o x i 4N Sibs8 E�7# m' o o¢o z _ w N x rcwow 8 8p 8.W �S �O - m p w o J a >3� o rc .b do >u 8: E £�R •a .m _ v -o'w z 4 a m8 `€ s ,. 8 F� ass boli X338 'cad�'4 0q` Z. €p i s =G= �mm z84 a6 v fi 22Hmai& 3Nmz a 'z�' e�k9 Lu- z so = zz zz. a 3 rc Niy .w s s s o "a � ; �s o w - o o: z � 93 a x o 0 0 o d i n 3 3 ` '�a' cm'&m `Y.€m � a 9W y w a w K N✓1 N�` i £- s 5 5 s BW� cbl o z<o o N o _ --- 3 LL 4gV � gq 8 2� Baa = u cD m 5 w , ��' r ' - - lei - - 133diS H19 3S a99I N a , am N 0 I .—. n s a 2 I® E J, 11C 7 F �m y I a 0� "1 Q I Omw w o 3 Qi• YtQ Q, •� m o _ j m � 4 4 4 - u�i a W < za E _201 3 f a a w h � t tt O a O 00'9-0133HS DES 3NI�HOiVA N-1 oe,d�3 , . of 1269 No�N. 8❑ =n.Rp^ a s � w d r Lll §za8®a;8 U v 20 Na Oz rc _____________________________ i ' � t u ti 00 ma _ 17 ! r. E m xl W Nm LLLL�� E�m t 40000 � uF v n� Iv o , q w v p a Eo w s� o= �m �a LLL =�vo �v z E gva�000 n i. IM 41 y LJ M ... .m m�m 1/7 1 NI[ � � Page 10 of 1269 b ^ �kW hs-tli E� u aa� ------------------- -7a, x Hill HIM �� r ��, n' v 1111111■I'A� �P � :� r, ■�:1�:1�1 I � I NO OUR WHOM 4 ' n I 4A, � } f �i qctcc ld q O}uAoq '4-�H V�—N -M J-xdnO,'d 0 NN I(I S, °1e e�OeeSBZ HDV39 NOiN),O9 iV),:)VE)31 earns l3VdWl wnslA U t Fa Page 1101 0- 1269 EXHIBIT "C" Conditions of Approval Project Name: Legacy at Boynton Beach (GCI Residential) File number: NWSP 20-003 Reference: 41h review of plans identified as a New Site Plan with a September 8, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. City has received an Engineering Waiver request for the driveway X throat depth at the SE 2nd Ave access. The plan appears to have 60 ft in lieu of the required 100 ft. Please provide additional information to support the request. The project is conditioned on the waiver's approval. 2. The left turn movement into the parking garage on SE 2nd Avenue X may require a 12 foot wide left turn lane. Prior to permitting revisions to the design of SE 2nd Avenue are required or the submittal of an Engineering Waiver Request. 3. SE 2nd Ave shall be 22' wide per the City's Engineering Handbook X Detail P-1 "Roadway Design Criteria". The current proposal does not meet this requirement. There is existing back-out parking on the south side of the road that is encroaching onto the ROW. If this cannot be met submit an Engineering Waiver Request with an engineer's justification an opinion regarding any added safety elements included in this design that will allow these spaces to continue to function safely. 4. Prior to construction, developer shall submit a construction staging X plan to the Engineering Department. The plan shall indicate the approach to construction parking, materials staging and other aspects of construction coordination. The plans shall also indicate what will be done to keep traffic from using the driveway between 618 and 630 E Ocean Drive to access the GCI site during and after construction. 5. Prior to building permit approval, the Developer shall provide X evidence of screening the residential windows along the south side of SE 2nd Avenue, specifically 610 SE 2nd Avenue, from vehicle headlights. 6. Prior to building permit approval provide a plan and document X detailing the parking configuration and locating where residents, visitors, employees, and retail customers will park in the parking garage, and the location of access gates. Should the gates cause traffic to stage into the City's right-of-way, post development, the City reserves the right to require the removal or relocation of the gates at the Developers expense. Page 1102 of 1269 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 2 of 5 7. Prior to permitting the site drainage calculations and plans, X including any existing drainage the site may be receiving from off- site, shall be submitted and approved by the City and the SFWMD and/or DEP. Should the drainage design require changes to the site plan, the developer shall be required to apply for a site plan modification. 8. Note that the existing 48" RCP in the FDOT ROW is the main trunk X line serving 500 Ocean and NE 4th St basin and cannot be taken out of service and rerouted without an acceptable temporary bypass. 9. The trash service shall be a dock height, roll off type compactor X unit. Provide a narrative that describes how trash removal will be handled for the project. Be sure to discuss residential, retail and City Sanitation Division perspectives. How and where will bulk trash be handled? 10. Prior to permitting provide a narrative describing how the delivery X area will be used and what steps will be taken to keep vehicular access open at all times. Note that services provided to this site will need to be able to be provided without accessing private property. 11. Provide an AutoTurn simulation for the City's ASL solid waste X trucks. 12. The access to the dumpster is designed as the City's standard X detail for a Shunt turnaround (see detail P-11). This detail requires a 50 ft stub out with a 30' radius. Revise plans accordingly. 13. Relocate the proposed fire hydrant across the street from the X loading zone further east as its current location interferes with the turning radii. 14. The developer is responsible for replacing the existing FPL street X lighting with underground wires and decorative street lighting to match the west side of Federal Highway and City standards. 15. If the project is utilizing the Downtown Stormwater improvement X Watershed then provide documentation that shows there is available capacity. The "fee-in-lieu-of" capital contribution for properties utilizing the installed storm water treatment and/or conveyance facilities within that watershed are as follows: A. Capital cost per impervious square food for water quality is $2.05 B. Capital cost per impervious square foot for water quantity is $0.18 C. Total capital cost per impervious square foot for Water Quality and Quantity is $2.23. The Fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Page 1103 of 1269 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 3 of 5 Watershed. FIRE Comments: 16. Provide a detail of the proposed fire engine turnaround on 1St X Avenue, include all the applicable dimensions. 17. Provide a plan showing a 300' radius from the center of each fire X hydrants to ensure Code 9-32b is being met. 18. Provide a note on the plans that states access roads shall be X provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450' NFPA 1- 18.2.3.2.2 POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 19. Per City Ordinance, the Park Impact Fee is based upon a factor of X $595 per unit for multi-family dwellings. Based upon the proposed 274 units, the fee will be $163,030 (274 X $595) due at time of building permit issuance. PLANNING AND ZONING Comments: 20. The Abandonment application is lacking consent forms from Utility X providers. The Site Plan approval is contingent on the approval of the Abandonment application (ABAN 20-009). 21. The Art in Public Places form is incomplete. Please indicate the X proposed value of the project, the 1% Art Fee, and the 30% and 70% figures. The Art proposal is to be approved by the City's Art Commission. 22. Enhance the proposed green wall/ landscaped fagade and X architectural elements on the east fa ade to better screen the Page 1104 of 1269 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 4 of 5 portion of the garage that is not wrapped and is visible from off-site. Ensure that parked vehicles and sloped ramp cannot be seen. 23. Please provide a drawing depicting how the direct pedestrian route X from the garage parking to the commercial spaces and Federal Highway sidewalk will be enhanced, and signed, in order to ensure it is easy for those parking in the garage to locate and follow. The drawing should show an interior view of the garage, depicting signage directing the public to the pedestrian corridor, and how this doorway will be enhanced and signed to easily catch the eye of someone who just parked and is looking for that doorway. 24. Per the Sustainability Code, please provide, and label on the plans, X one (1) Level 2 Electric Charging Station capable of servicing two (2) parking spaces for every 50 units, or fraction thereof, plus one (1) for the non-residential component of the project.. 25. Please provide a detailed typical floor plan for the studio unit, X including square footage. 26. The proposed lighting levels on the roof of the garage exceed the X maximum allowed foot-candles. Please reduce the levels to meet the maximum foot-candles allowed by code (5.9). Staff recommends lowering the height of the light fixtures on the roof to reduce the impact. 27. Per the City's Sustainability Code, please indicate on all X Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. 28. The applicant will be placing, at their cost, all overhead utilities X below ground around the perimeter of the site. 29. Please depict location and footprint of the proposed PalmTran bus X stop. Additionally, please provide a letter of concurrence from Palm Tran. 30. Provide a detail drawing of the proposed bus shelter, designed X utilizing architectural elements, materials and colors matching the proposed building. 31. A Sign Program will need to be submitted and approved prior to X issuance of any signs for the project. 32. Prior to issuance of any permits, a narrative and phasing drawing X shall be provided outlining how the required Two Georges Restaurant will be provided throughout the construction of the project. 33. The proposed landscaping along the east side of the project is X required to meet the Urban Landscape Barrier regulations. Please Page 1105 of 1269 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 5 of 5 revise the drawings to meet those requirements. 34. Provide a detail of the decorative 6' tall buffer wall to be located X within the landscape barrier along the east property line. 35. Please clearly indicate the location of the required bike racks, X including the architectural design of the covering, if not located within the building. 36. Please correct the parking calculations for the non-residential uses X at 1 parking space per 200 square feet, then revise the total parking calculation total for parking required and parking provided. 37. Provide a detail of the proposed fence/wall separating the amenity X area from the public sidewalk. Proposal should include architectural enhancements and possibly an integrated green /vine wall feature or public art. 38. The project's approval is conditioned upon its participation in the X City's Workforce Housing Program or the project shall conform to the City's density provisions of the Downtown Transit Oriented Development District . COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATION /COMMITMENTS 39. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton (Legacy at Boynton)\NWSP 20-003\_StaffReport\C0As\Legacy at Boynton NWSP 20- 003 COA.doc Page 1106 of 1269 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) APPLICANT: Evan Vlaeminck, GCI Acquisitions LLC APPLICANT'S ADDRESS: 25101 CHARGIN BOULEVARD, SUITE 300, BEACHWOOD, OHIO 44122 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2020 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. LOCATION OF PROPERTY: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street 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 X 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 X 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\GCI Boynton(Legacy at Boynton)\NWSP 20-003\_StaffReport\NWSP 20-003 DO.doc Page 1107 of 1269 9.A. CITY MANAGER'S REPORT 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: At the request of Mayor Grant, Human Resources will make a brief presentation on the City's internship programs. 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: ATTACHMENTS: Type Description D Addendum Internship Presentation Page 1108 of 1269 � s�4 N ,4 s1„ ; CD ° 4 4_j jj1� r s?(y� s;4 ;144 I - } { W IN y d CL O r t . W j'- IT Room t 0 w • ca' Room _ • s, V - "am - mftftm s� 4 r;f�714u� t t ,r z 7 • RoomLLJ cli 0 cli IVAft Oa lie IVAft w w w •Room • • Zj yom s� 4 r;f�714u� t t t E,. Zj • rIV • IVAft rn f •_ 0.. • N M o a � • " Ono dw 4-5 tJ 1� • • " mw • � w . w pw • • w s� 4 r;f�714u� t t t r z N coc Zi Zi crjw IVAft 4-j w 1 a s� 4 r;f�714u� t t t Q { -Cc tto • • w aim • N o LO IVAft co map • ' IVAft • r;f�714u� t -1-1 �-I n� 4-1 I u' t Ln V , • ( r�,f Lf') t 4-1 US v W W T � � V O U U 9.B. CITY MANAGER'S REPORT 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Charlotte Pelton of Charlotte Pelton &Associates will provide an update on the City's Naming Rights Campaign for the Town Square Project. 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: ATTACHMENTS: Type Description D Addendum Pelton Report on Naming Rights Page 1117 of 1269 S 1 s )� \t1o,k- CHARLOTTE PELTON & ASSOCIATES, INC. PLANNING I MARKETING I FUNDRAISING Memo To: Lori LaVerriere and the Boynton Beach City Commission From: Charlotte Pelton CC: Suzanne Ross, Executive Director, Boynton Cultural Centre, Inc. Kathryn Matos, Assistant City Manager Date: October 20, 2020 Re: Town Square Campaign Status Report as of October 15, 2020 Charlotte Pelton & Associates, Inc. (CP&A) was contracted in March 2019 to provide fundraising services for the planning and implementation of a campaign to raise philanthropic support for the public serving elements of Town Square. These components include the Schoolhouse Children's Museum, the Boynton Beach Public Library, the restored historic 1927 Boynton Beach High School, specific public spaces within City Hall, the outdoor amphitheater, the Innovation Centre (incubator), new playgrounds, public art, and a Boynton Beach History Trail that will bring to life those historical people, places and events that make Boynton Beach truly unique. The purpose of this endeavor is to provide funding above and beyond what the budget of the City can provide, and in the case of the Schoolhouse Children's Museum, to provide for much needed new exhibits. Benefits for donors to the campaign include donor recognition through naming opportunities and other donor-driven strategies aimed at addressing unmet capital and programming needs within Town Square. Charlotte Pelton, Michaela Kennedy and Mary Lewis Moews comprise the CP&A team, with research and writing support from additional CP&A staff members. Most of our efforts in 2019 focused on the creation of a comprehensive package of campaign materials that provide prospective donors with a clear understanding of each of these aforementioned elements, along with their associated donor naming opportunities. In addition, we met with numerous individuals, including city business, civic, and public leaders, to gather names of those who might be interested in joining a leadership team to promote this effort. We were fortunate to recruit 15 people who agreed to join these efforts to provide their own support and advocate for the campaign. See page three below for the complete list to date. Page 1 Page 1118 of 1269 The Town Square Capital Campaign was put on indefinite hold in March, due to the COVID-19 pandemic and closure of citywide buildings and gatherings. After a five-month hiatus and conversations with city staff and Suzanne Ross, we were once again retained to continue the Town Square Capital Campaign (August 1 restart date). As you are now aware, during those months of campaign hiatus, construction continued, as did campaign conversations, with the following results/changes: • Most areas of the project have now opened with full Certificates of Occupancy (CO), or temporary COs. • While started, the Amphitheatre site has not been completed as of today's date. Specific naming opportunities related to the Amphitheatre and surrounding area have been identified and added to the campaign naming opportunities. • The Boynton Beach History Trail has renewed enthusiasm from Harvey Oyer and the initial brochure is now going through edits. • Twenty-six (26) benches, located throughout the Town Square site, have been added to the campaign naming opportunities. • In-person prospect meetings are less popular with prospective donors due to concerns about COVID-19. To alleviate this fear of in-person contact among some prospective donor, we are currently working on a video "virtual tour" of facility highlights. We worked with Suzanne to create a scope of work. Interviews of video production companies were completed, and a production company has been hired. An initial meeting took place October 6, followed by a tour. We estimate that the videos of each element will be completed by early December. Detailed Report on the Scope of Work Donations and Pledges to date: o Seven gifts to the campaign have been made to date, totaling $274,250. o Three verbal pledges have been made. The Town Square Capital Campaign includes three partners—City of Boynton Beach, Boynton Cultural Centre, Inc., and EL2 Real Estate Solutions LLC. Since the restart of the campaign, regular meetings with Boynton Beach city leaders have occurred weekly, bi- weekly or monthly, and have included Suzanne Ross, Colin Groff, Kathryn Matos, Diane Valenti, Craig Clarke, Eleanor Krusell, and Kelley and Mark Hefferin. Case for Support and Related Campaign Materials: o Completed: ■ Case for Support ■ Naming Opportunities ■ Pledge form Page 2 Page 1119 of 1269 ■ Five Campaign Brochures and one overarching brochure to explain the Town Square project and ways to give to the campaign ■ Campaign Gift policies and procedures ■ Campaign acknowledgements and communications o In Process ■ Finalizing Boynton Beach History Trail and naming opportunities ■ Finalizing Amphitheater insert and naming opportunities ■ Frequently Asked Questions ■ Completing campaign videos to allow ease of communicating the campaign, regardless of a prospective donor's willingness or ability to meet in person to discuss the campaign Donor/Funder Research o Ongoing ■ An "Internal Campaign" letter was mailed from Mark Hefferin in early March to contractors on the project, asking that these vendors join his firm in supporting the campaign with capital gifts. As a result of this mailing, vendor JC White has made a donation of furniture with a value of approximately$35,000 to the Town Square Cultural Center. ■ He and his wife Kelley are now in the process of following up with each vendor/subcontractor to whom a letter was written. ■ A letter of inquiry has been drafted to a prospective major donor, and we are working with that prospect's representative to move the conversation forward, with a goal of having the prospect tour in the coming month(s). ■ We have had an initial meeting with Baptist Health South Florida, and are confirming a second meeting and site tour. ■ We have received a list of the City's banking and financial institution contacts, and have made initial contacts to secure meetings. ■ Now that we have a better sense of characteristics of the public sector elements that might appeal to local foundations, we are fine-tuning our grant research and will report on that in our next written communication. Campaign Recruitment and Organization o We continue to recruit individuals for the campaign's Leadership Committee and have confirmed the following people: ■ Carrie Parker Hill ■ Elsa DeGoias ■ Josh Adams ■ Jennifer Percival ■ Troy McLellan ■ Brian Edwards ■ Beth Wagmeister ■ Harvey Oyer, III ■ Phil Parker ■ Keith O'Donnell ■ Jonathan Porges ■ Rob &Jennifer Jager ■ Megan Murphy ■ Eugene Fagan Page 3 Page 1120 of 1269 Volunteer and Prospective Donor Engagement o We have resumed engagement of these volunteers and prospective donors, and begun site tours: ■ Tour confirmed for Brian Edwards on 10/19/2020. ■ Meeting with the new Chairman of the Greater Boynton Beach Foundation, Eugene Fagan. ■ Meetings and introductions will continue through the fall as we complete the Campaign Leadership Committee. It is not the intention to hold regular committee meetings, as we prefer to use their time assisting us with one-on-one meetings with individuals who can bring something to the project. ■ Kelley and Mark Hefferin have been leading the Internal Campaign, engaging in personalized follow up with various vendors that have worked on the construction project to coordinate a collective naming opportunity. ■ Met with City Managers to determine which vendors need to be included in the internal campaign, such as banks, insurance providers, accounting firms, etc. and has started reaching out to those contacts ■ Scheduling a tour for with Michelle McGovern of Baptist Health and Barbara James of the Bethesda Hospital Foundation ■ Working with Debbie Majors, Beth Wagmeister,Jennifer Percival, and Elsa DeGoias to reach out to the ADA inclusion communities and their supporters. ■ We toured with Harvey and Susan Oyer, and the Oyer family is considering a naming opportunity in honor of their father and grandfather. Campaign Events and Activities- Due to OVID--1. , events are on hold till further notice. o We will continue to look at possible campaign event opportunities for small gatherings (no more than 10 guests) until larger events can resume. Page 4 Page 1121 of 1269 11.A. NEW BUSINESS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Commissioner Romelus requested this item be placed on the agenda for the Commission's consideration of a future ordinance prohibiting the use of EPS foam in city facilities. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 1122 of 1269 12.A. LEGAL 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Proposed Ordinance 20-036 - First Reading -Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. Explanation of Request: Section 9 of the City Ordinances pertaining to fire prevention and control must remain consistent with the latest edition of the Florida Fire Prevention Code which is revised every three (3) years. The statute also requires local government to review local ordinances to ensure that they are consistent with the latest edition of the code. This revision of Section 9 of the City Ordinances complies with this statutory requirement. How will this affect city programs or services? The adoption of this revision will allow the Fire Department and the City of Boynton Beach to comply with State Statutes. It will update our local ordinances to become consistent with the Florida Fire Prevention Code. Ambiguous and outdated language has been revised to increase clarity and to improve our ability to deliver the best service to our community. Fiscal Impact: Non-budgeted N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: Approval of this revision will update the local ordinance, the plans review, permitting, and our annual fire inspection activities. Climate Action: Climate Action Discussion: N/A Is this a grant? Page 1123 of 1269 Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving the update of the Fire Prevention Code Page 1124 of 1269 I ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 9, "FIRE PROTECTION 5 AND PREVENTION" TO UPDATE THE CITY CODE AS IS 6 REQUIRED BY FLORIDA STATUTE WHEN A NEW 7 EDITION OF THE FLORIDA FIRE PREVENTION CODE 8 HAS BEEN ADOPTED; PROVIDING FOR REPEAL OF 9 LAWS IN CONFLICT, SEVERABILITY, CODIFICATION 10 AND AN EFFECTIVE DATE. ii 12 WHEREAS, Section 9 of the City Ordinances pertaining to fire prevention and control 13 must remain consistent with the latest edition of the Florida Fire Prevention Code which is 14 revised every three (3)years; and 15 WHEREAS, pursuant to Florida Statutes, local government is required to ensure that 16 they are consistent with the latest edition of the Florida Fire Prevention Code. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 18 CITY OF BOYNTON BEACH, FLORIDA THAT: 19 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 20 as being true and correct, and are hereby incorporated herein and made a part hereof. 21 Section 2. Chapter 9 entitled "Fire Protection and Prevention" of the Code of 22 Ordinances is hereby amended to read as follows: 23 Chapter 9 FIRE PROTECTION AND PREVENTION 24 25 Art. I. General, §§ 9-1-9-4 26 Art. II. Fire Alarms and Automatic Fire Alarm Extinguishing Systems, §§ 9-S-9-10 27 Art. III. Fire Codes, §§ 9-11-9-18 28 Art. IV. Fire and Life Safety Division, §§ 9-19-9-133 29 3o ARTICLE L GENERAL 31 32 Sec. 9-1. Boynton Beach Fire Code; fire codes adopted. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 1125 of 1269 I The Florida Fire Prevention Codthe Florida versions of 2 1heNF9AlFire Prevention Code, Uion, and theNF9AlUlLife Safety | 3 Code, Uion, and any subsequent additions adopted bystate statute, are 4 adopted anthe fire prevention code o[the city. These standards and codes are hereby 5 adopted and incorporated anfully ani[set out atlength inthis section. Not less than one 6 (l) copy o[the adopted issue o[the NF9A Fire Prevention Code, ;2�61S� | 7 2O18Bedidon,the NF9AlUlLife Safety Code, didon, and any subsequent 8 additions adopted bystate statute shall befiled inthe office o[the City Clerk, and the 9 provisions thereof shall becontrolling within the limits o[the city, and within any 10 municipality which has entered into aninterlocal agreement orcontract for services ll from Boynton Beach Fire Rescue unless otherwise provided for. 12 13 Sec. 9-2. Enforcement authority. 14 (a) All regulations issued by the State Fire Marshal under authority o[F.S. Ch. 688 15 shall beenforceable by the Fire Chief and the Fire Marshal, ordesignee. The Fire 16 Marshal inhereby authorized toperform within the city any duties that may be imposed 17 upon by such law, or in accordance therewith, and to have such assistance, as needed, 18 from other officials o[the city inthe discharge o[such duties. 19 (b) Periodic fire safety inspections. 20 (l) The Florida Fire Prevention Code and the Florida statutes provide that each 21 municipality, county, and special district with fire safety responsibilities inrequired to 22 enforce the Florida Fire Prevention Code. Such enforcement requires inspections o[ 23 each new structure orbuildings whose occupancy type andefined by the state statute 24 and the Florida Fire Prevention Code. Fire safety annual inspections shall beconducted 25 oneach existing structure orbuilding andefined by the F.S. Ch. 688and the Florida Fire 26 Prevention Code anadopted by the State Fire Marshal. 27 (2) No such building shall beoccupied without the required fire safety 28 inspection. The frequency o[the inspections shall beannually oranotherwise 29 determined by the Fire Marshal. A building occupied inviolation o[this section in 30 subject toafine o[five hundred dollars ($5UU.UU) per day. Each day constitutes a 31 separate and continuing offense. The city may enforce this provision o[the code by 32 action before the Code Enforcement Board,by notice to appear for violation of a 33 municipal ordinance, orbyaction for injunctive relief. The fines provided herein are in 34 addition tothe penalties authorized byF.S. 82U5.U58. 35 (3) The inspection orpermitting o[any building orplan under the requirements o[ 36 this code shall not be construed as a warranty of the physical condition of such building 37 orthe adequacy o[such plan. The city orits employees shall not beliable intort for 38 damages for any defect orhazardous orillegal condition orinadequacy insuch building 39 orplan, orfor any failure o[any component o[such building,which may occur 40 subsequent tosuch inspection orpermitting, pursuant tothis code. 41 (4) Records o[all system inspections,tests and maintenance required by the 42 referenced standards shall be maintained on the premises for a minimum of three (3) 43 years, and shall be provided to the fire district through a third-party inspection 44 reporting system,. 8:\CA\0nib/mncus\FbzProtection and Prevention Chapter 9(2020)'0nib/mncu.docx 12 Page 1126Of1269 1 2 Sec. 9-3. Examination of building permits. 3 (a) No building permit shall be issued by the Building Department for new 4 construction, demolition, moving of existing buildings or renovation of existing 5 structures normally requiring a building permit until a complete set of plans and/or 6 specifications have been examined and approved by the Fire and Life Safety Division. 7 (b) No building that requires a certificate of occupancy (CO) from the Building Official 8 shall be occupied for any purpose until a Fire Department fire final inspection has been 9 approved. 10 (c) Nothing in this section shall apply to single-family or duplex residential I I units. Exceptions: fire sprinkler systems, generators, or gas installations. 12 (d) When work for which a permit is required by this chapter is started prior to 13 issuance of a permit,the fees herein specified shall be four (4) times the original fees. 14 (e) The payment of such fees shall not relieve any person from fully complying with 15 the requirements of this chapter in the execution of the work, nor from any other 16 penalties prescribed herein. 17 18 Sec. 9-4. Penalty for violations. 19 (a) Failure to comply with any provisions of this chapter shall be deemed a violation. 20 (b) Any person or entity violating any provision of this chapter shall be punishable as 21 provided in the Florida Fire Prevention Code, section 1.16 4-4-6 of NFPA 1, and as 22 provided in the City of Boynton Beach Code of Ordinances. 23 (c) The application of a penalty for violation of this chapter shall not be held to 24 prevent the enforced removal of prohibited conditions. 25 26 ARTICLE II. FIRE ALARMS AND AUTOMATIC FIRE EXTINGUISHING SYSTEMS 27 28 Sec. 9-S. Automatic fire protection systems. 29 Existing building or structure, for purposes of this section, means a building or 30 structure for which an application for building permits is sought after the date of the 31 adoption of this chapter. 32 (a) All automatic fire protection systems (i.e., sprinkler, standpipe, fire pump systems 33 and other suppression systems) shall be maintained under a written service contract 34 with service companies licensed by the State of Florida to provide such services, and 35 which possess a current business tax receipt for the city, providing for regular 36 maintenance and testing of the systems in accordance with all applicable codes and 37 standards. 38 (1) The service company performing the maintenance and tests shall forward a 39 written report to the Fire and Life Safety Division, indicating the nature of any repairs, 40 modifications and/or corrections completed by the service company, the date and time 41 of such tests and inspections, and any other information which may be required by the 42 Fire Rescue Department. In addition, a copy of the service report must be maintained on 43 the premises, and it shall be subject to inspection at any time. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 1127 of 1269 1 (2) All fire alarm signal systems, automatic extinguishing and/or detection systems 2 shall be provided with an approved annunciator panel designed to indicate the floor 3 number and the section of the building reporting a fire alarm or fire condition. Each 4 alarm-initiating device shall indicate an individual location on such annunciator. The 5 alarm initiating device shall indicate its individual location to the monitoring central 6 station. The annunciator shall respond to either manual or automatic devices, and all 7 devices within the system shall be connected to the annunciator. The location of the 8 annunciator panel shall be designated by the Fire and Life Safety Division, and it shall be 9 so located as to be immediately available to the Fire Rescue Services Department at all 10 times. In a complex with multiple buildings, each building shall have its own transmitter I I for alarm signal disposition to the central station. 12 13 14 _._. ae•-�nr� �'.2(�d�°d(°��$'k c•t'ea-Be.nra_.. -„_ �avrea �narrely d•6�^-e1� G:rc_ ... ,;g„y :d x,te�9�� ^-ervraaraer r "1 ena 'fl �'�a:.�:e'x'.. 15 16 (3) Approved automatic fire sprinkler systems, as hereinafter defined, shall be 17 installed throughout the following buildings and structures: buildings of an institutional 18 or educational character, hospitals, nursing homes, homes for the aged, convalescent 19 centers, rehabilitation facilities, day care centers for more than twelve (12) clients under 20 one (1) year of age, adult congregate living facilities, and all occupancies and uses of 21 similar nature to those herein stated, without regard to the type of construction or 22 height of the building involved. 23 J4J {b} All buildings having a fire sprinkler system shall have an A*approved audible 24 and visual waterflow alarm (horn/strobe) �e provided on the exterior of the 25 building in an approved location, facing the street front of the building. 26 JSJ{c4 All buildings having a fire alarm sys em shall have a A weatherproof 27 horn/strobe or speaker/ strobe shall be installed directly above the key box at a height 28 easily seen upon approach to the area. 29 I(b) Where a listed pressure regulating device and/or a pressure reducing valve is 30 required for the fire department standpipe hose connection it shall be a listed field 31 adjustable device and not factory set[M] 32 33 Sec. 9-6. Fire alarm system certification requirements. 34 (a) The applicant for a required fire alarm installation permit shall submit to Fire 35 Rescue Services Department plan review, along with the permit application, 36 documentation listing the NRTL central station for the alarm system, and provide 37 documentation of the Nationally Recognized Testing Laboratory (NRTL) certification at 38 time of acceptance testing of the fire alarm system or added components. 39 (b) The applicant must demonstrate that the fire alarm monitoring will be performed 40 by a NRTL certificated central station. 41 (c) All required NRTL certificated fire alarm systems must maintain NRTL compliance 42 and NRTL monitoring. 43 44 Sec. 9-7. False alarm signal service charge; collection. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 1128 of 1269 I (a) For response to excessive false alarm signals by the Fire Rescue Department,the 2 alarm user shall be charged a service fee by the city, as established by resolution of the 3 City Commission and on file in the City Clerk's office, for the first false alarm signal in 4 excess of three (3) false alarm signals in any twelve (12) month period, a service fee as 5 established by resolution of the City Commission for the second false alarm signal in 6 excess of three (3) in any in any twelve (12) month period, and a service fee as 7 established by resolution of the City Commission for the third and each successive false 8 alarm signal in excess of three (3) in any twelve (12) month period. The provisions of 9 this section shall not apply for a period of three (3) months from the date a permit is 10 issued by the city for the installation of an automatic fire detection system. The Fire I I Marshal shall determine whether a false alarm signal has been transmitted and the 12 frequency of such false alarm signals, and the city shall notify alarm users of the amount 13 owed to the city and shall make demand thereof pursuant to the provisions of this 14 section. 15 (b) False alarms could also be defined as excessive public assist calls wherein no 16 medical services are provided. 17 18 Sec. 9-8. Alarm registration. 19 All required fire alarm systems must comply with the requirements of Chapter 2.5. of 20 the City of Boynton Beach Code of Ordinances. 21 22 Sec. 9-9. Fire protection water supply requirements. 23 - (a) In accordance with NFPA 24 2016 r'�Section 5.1.1, design of water-based 24 suppression systems that are not supplied by fire pumps, shall be based on drought 25 conditions of(forty-five (45) psi static pressure as determined the�e Bo to 26 Beach Utilities Departments. 27 (b) New construction projects must provide the results of a hydrant flow test 28 performed by the Fire Rescue Department, indicating a fire flow not less than one 29 thousand five hundred (1,500) gpm @ twenty (20) psi above domestic use. This applies 30 to new or existing hydrants within the required treetwe hundred 300 (200) feet of 31 the facility. 32 33 theusand (3,000) gpm @ twenty (20) psi abeve d—e-pnestie use. 34 _ (c) Hydrants not in service (no water available) shall be covered with a black plastic 35 bag so as not to be mistaken for active hydrants available for fire suppression. 36 (d) All exterior fire protection piping must be painted red or a contrasting color from the 37 building. 38 (e) Water meters are prohibited on fire sprinkler supply lines. 39 40 41 Sec. 9-10. Fire hydrants and Fire Department connections. 42 (a) Reflective blue markers shall be placed to indicate the location of a hydrant. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 1129 of 1269 I (b) Reflective red markers shall be placed to indicate the location of Fire Department 2 connections to a sprinkler or standpipe system. 3 (c) Fire hydrants shall be painted red in accordance with specifications approved by 4 the Fire Chief. 5 - (d) A fire hydrant shall be located within one hundred (100) feet of the Fire 6 Department connection, along access roadways with all-weather driving surfaces, 7 distance measured as the fire truck travels. 8 (e) Fire Hydrants shall be located at the main entrance to any development and every five 9 hundred (500) feet thereafter for one- and two-story family dwellings and every three hundred 10 (300) feet thereafter for all other buildings. 11 12 13 ARTICLE III. FIRE CODES 14 15 Sec. 9-11. Open fires. 16 (a) Defined.-Open fires are defined as any outdoor fire or open combustion of 17 material, except barbecuing. Charcoal and propane fires, contained within a 18 manufactured hibachi, grill, smoker or gas grill for food preparation, do not constitute 19 open burning. 20 (b) Prohibited generally. It shall be unlawful to have any open fires within the city 21 limits on public or private property, except for fire training purposes or recreational or 22 ceremonial occasions for which written permits from the Fire Rescue Department are 23 required. 24 (C) Listed electric portable, tabletop grills, not to exceed 20"suare inches of cooking 25 surface, or other similar apparatus shall be permitted.as lone as the balmnis not 26 enclosed. 27 28 Sec. 9-12. Roadway security gates and emergency access. 29 (a) All security gates across roadways used by emergency response vehicles must be 30 provided with an authorized key box or key switch to operate the gate, in addition to any 31 other devices specified by the Fire Chief. Information on where authorized key security, 32 boxes can be obtained is available from the Fire and Life Safety Division. 33 (b) In case of power failure, any electronic gate shall open automatically and remain 34 open until power is restored. 35 (c) In the event that emergency personnel are unable to gain rapid entry with the 36 methods above, forcible entry methods to gain entry may be used. The city and/or the 37 Fire Rescue Department shall not be responsible for, nor incur any costs as a result of 38 gaining access to a specific area. 39 - (d) Trees with branches over areas accessible to fire apparatus must maintain sixteen 40 (16) feet of vertical clearance. Vegetation shall not intrude into the roadway such that 41 would limit the free passage of emergency vehicles. 42 (e) Fire lanes shall be established and maintained on private property where the public has the 43 right to travel by motor vehicle, or where the public is permitted by invitation or by license to S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 1130 of 1269 I travel by motor vehicle, to the extent that any such lane is necessary for access to buildiDgLba"Lfire 2 trucks or other firefighting apparatus, as determined by the Fire Chief and/or the Fire Marshal, 3 or designee. 4 5 6 Sec. 9-13. Key boxes/entry systems. 7 In all new and existing buildings, except individual residential dwelling units of any 8 kind,there shall be installed a key box for such areas or buildings, when the Fire 9 Marshal, determines that access to or within a structure or an area is unduly difficult 10 because of secured doors and windows, security gates, or where immediate access is I I necessary for all life-saving or firefighting purposes. The key box shall be a type 12 approved by the Fire Marshal, and shall contain: 13 (a) Keys to locked points of egress,whether in common areas or on the interior or 14 exterior of such buildings; 15 (b) Keys to locked mechanical equipment rooms; 16 (c) Keys to fire alarm control panels; 17 (d) Keys to suppression system components; 18 (e) Keys to locked electrical rooms; 19 (f) Keys to elevator controls; and 20 (g) Keys to other areas where fire rescue personnel may need emergency access as 21 directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock 22 box. 23 24 Sec. 9-14. Control of automatic elevators; emergency use. 25 (a) Emergency auxiliary power required. 26 (1) Emergency auxiliary electrical power shall be provided for all elevators 27 equipped with the key switch service for Fire Rescue Services Department 28 personnel. The auxiliary power supply shall be capable of supplying power to the 29 elevators for a period of at least twenty-four (24) hours. The auxiliary power supply 30 shall be approved by the Fire Rescue Services Department. 31 (2) Emergency auxiliary power shall remain on for the car in use by firefighters 32 regardless of selection switch devices,which may also be installed to rotate emergency 33 power to other cars in the building. 34 (3) No more than ten (10) seconds shall be required for the auxiliary power to be in 35 full operation and the operation of the emergency power supply shall automatically 36 transfer to the firefighters' service car. 37 (4) A maintenance schedule shall be maintained in the generator equipment room to 38 record all tests and operation of such auxiliary power equipment. The records shall be 39 posted and available to the Fire Rescue Services Department at all times. 40 (S) All auxiliary power equipment and automatic transfer apparatus shall be tested 41 weekly. 42 (6) For all buildings designed and constructed having separate towers, each tower 43 shall be treated as though it were a separate building. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 1131 of 1269 I ( ) In all buildings equipped with automatic elevators, at least one (1) ded 2 elevator servicing all floors o[the structure shall bearranged for emergency use 3 (firefightern' service) by Fire Department personnel. The control o[automatic elevators 4 shall meet the requirements as set forth under the state elevator code and ASME/ANSI, 5 Al7.l. 6 (1c-) Emergency use elevator tobeidentified by a sign at least 3 inches by 2 inches 8 —(2) Fire fighter emergenc- elevators shall have a platform with dimensions of at least 6 feet 9 deep by 5 feet, 5 inches wide. 10 Fire fire fighter emergency elevators shall be at least 6 ll feet, 8 inches high by 3 feet wide. | 12 (4) Fire fighter emergency elevators shall have a weight capacity of at least 3,500 pounds. / 13 (d) Antandard emergency access door key shall be provided for all elevators in the 14 city. |5 16 Sec. g'lS. Fireworks. 17 (a) The term fireworks shall mean and include any combustible or explosive 18 composition, or any substance or combination of substances, or article prepared for the 19 purpose o[producing avisible or an audible effect by combustion, explosion, 20 deflagration or detonation, an defined by F.S. Ch. 791. 21 (b) The Fire Marshal may adopt reasonable rules and regulations for the granting of 22 permits for supervised displays o[fireworks by the city, fair associations, civic groups, 23 and other organizations or groups of individuals. Prior to any outdoor use of fireworks, 24 pyrotechnic special effects, flame effects, orany other item listed in subsection (a) or (b) 25 of this section, a permit shall be obtained from the City Manager, or designee, after 26 submission o[anapplication for such permit and payment o[anapplication fee. Such 27 outdoor use shall be in accordance with NF9ACode 1128 and NF9ACode 1124. The City 28 Manager, ordesignee, may include such conditions insuch permit andeemed necessary 29 to ensure compliance with all applicable requirements and protect the public health, 30 welfare and safety, including, but not limited to, payment o[inspection fees. No permit 31 granted hereunder shall betransferable. 32 (c) Before the issuance of permit for a display of fireworks, the applicant shall 33 furnish proof of financial responsibility, in the form of liability insurance with a 34 minimum o[one million dollars ($l,UUU,UUU.UU) coverage for each occurrence tosatisfy 35 claims for damages to property or personal injuries arising out o[any act or omission on 36 the part of the applicant, or any agent of employee thereof, in such amount, character 37 and form as the Fire Marshal determines to be necessary for the protection of the public. 38 (d) No permit shall be issued under the provisions of this section to an applicant not 39 having anestablished place o[business within the state for conduct o[adisplay o[ 40 fireworks until the applicant has fulfilled the legal requirements for service o[process 41 upon the person or entity seeking a permit. In the case of a corporation, proof of 42 registration, with the Secretary o[State, ananonresident corporation shall berequired. 43 (e) During times of water shortages or water shortage emergencies, as determined by 44 the South Florida Water Management District and/or the city and defined in Chapter 8:\CA\0nib/mncus\FbzProtection and Prevention Chapter 9(2020)'0nib/mncu.docx 12 Page 1 132 Of 1269 I 40E-21, Florida Administrative Code, as it maybe amended from time to time; the 2 possession, use. or sale of consumer fireworks, including sparklers as defined in F.S. § 3 791.01(8), is prohibited within the city limits without a permit as discussed above. 4 5 Sec. 9-16. Fees for fire code inspections and other fire code inspection-related services. 6 Fees shall be charged to the user/consumer for new construction permits, inspections 7 and yearly fire prevention code inspections and re-inspections performed on structures 8 or buildings by the Fire Rescue Department, as set forth in a resolution adopted by the 9 City Commission. Fees for other fire code inspection-related services, including,but not 10 limited to, fire pump tests, hydrant tests, and preliminary plans review, shall be charged 11 to the user/consumer as set forth in a resolution adopted by the City Commission. 12 13 Sec. 9-17. Requirements for high-rise buildings. 14 The following life safety features shall be provided and maintained in working order 15 by the property owner in accordance with approved plans and specifications, and shall 16 be tested, certified and proved to be in proper working condition, at the owner's cost, to 17 the satisfaction of the Fire Marshal, before issuance of the certificate of compliance. 18 (a) Equipment storage rooms. Equipment rooms or areas, as dese-pileed i thevi-pe 19 r epaFtment Pest g„ G�44e, for purpose of storing equipment for Fire Department use 20 shall be provided. 21 22 Sec. 9-18. Public safety radio communication system. 23 In all new buildings, minimum radio signal strength for public radio signals shall be 24 required within the building. In buildings that cause reduction of public safety, radio 25 signals below the acceptable level for reliable communications, a bi-directional amplifier 26 (BDA) shall be required. In buildings where phone jacks are required as part of an alarm 27 system, a BDA shall be installed and maintained by the building owner, in lieu of the 28 phone jacks. Installation and signal strength shall be the minimum requirements per 29 NFPA 1,Annex (in Building Safety B-ad-i-eE-A-h-aneement Systems) or NFPA 72 30 edition, or as specified by the AHJ. 31 (a) A i2reliminary survey test shall be co meted to determine the available si nal 32 strength referencing NFPA 72 33 (bl If a radio system is required based upon the initial survey test, the engineer shall 34 submit a complete set of drawings that identifies all critical and noncritical areas. 35 The final Drawing will be aDDroved and used as the minimum design 36 requirements for obtaining a fire installation per it. 37 c A final radio signal test report shall be provided prior to the final fire inspection 38 and all updated drawings 39 4o ARTICLE IV. FIRE AND LIFE SAFETY DIVISION 41 42 Sec. 9-19. Inspection complaint; order to remedy danger; evacuation of occupied 43 buildings or structures. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 1133 of 1269 I (a) The Chief of the Fire Rescue Services Department,the Fire Marshal, or Fire 2 Inspector of the Fire and Life Safety Division may order the immediate cessation of any 3 activity, operation or process, when such operation, activity, or process is deemed to 4 constitute a severe and immediate hazard to persons or property. 5 (b) It is unlawful for any person who, after being served with either a verbal or 6 written order to cease such severe and immediate hazardous activity, operation or 7 process, to fail or refuse to comply with such an order. 8 (c) The Fire Marshal, or designee, may order the immediate evacuation of any 9 occupied building or structure or assembly area when such building, structure or 10 assembly area is deemed hazardous due to fire hazard, obstruction to exits, 11 overcrowding of the premises, or any other hazard or potential which presents 12 immediate danger to the occupants. The premises, or any portion thereof, may not be 13 reoccupied until it has been examined and deemed free of the hazard or potential which 14 caused the evacuation to be ordered. Persons refusing to obey either a verbal or written 15 order of the Fire Marshal, or designee, shall be subject to immediate arrest. 16 17 Sec. 9-20. Authority to require employment of standby emergency services personnel 18 for events held within the city. 19 (a) The Fire Marshal, or designee, is hereby authorized to require the employment of 20 one (1) or more standby city emergency services personnel,by any owner, lessee, agent 21 or promoter, when in the Fire Marshal's opinion it is essential that such personnel be on 22 duty in any place of public assembly or any other place where people congregate. The 23 determination that standby emergency services personnel are required shall be based 24 upon the number of persons in attendance and the nature of the performance, 25 exhibition, display, contest, event or activity. While so employed, such personnel shall 26 he subject to the Fire Chief's orders at all times, and shall be in uniform and remain on 27 duty during the times such places or events are open to the public, or when the activity 28 is being conducted. Paramedics or EMTs shall not be required or permitted,while on 29 duty, to perform any other duties than those specified in this article. 30 (b) Standby emergency services shall be provided exclusively through the City Fire 31 Rescue Department. The Fire Rescue Department is authorized to charge for services 32 rendered under this section,based upon the Fire Rescue Department's cost to provide 33 the required level of emergency services, including any administrative expenses. The 34 Fire Chief may reduce or waive fees if deemed appropriate. 35 36 Sec. 9-21. Definitions; authority and responsibility; cost recovery for special operations 37 and cleanup of hazardous materials. 38 (a) For the purpose of this section,the following words and phrases shall have the 39 meanings given herein: 40 (1) Costs. Those necessary and reasonable costs incurred by the city in connection 41 with investigating, mitigating, minimizing, removing or abating discharges of hazardous 42 substances, or in connection with costs incurred by any activity of the special or tactical 43 operations unit, including, but not limited to, actual labor costs of city personnel or its 44 authorized agents; costs of equipment operation and rental; costs of expendable items, S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 1134 of 1269 I including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent 2 material, sand, recovery drums, acid suits, acid gloves, goggles and protective clothing. 3 (2) Discharge. Any intentional or unintentional action or omission resulting in the 4 releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous 5 substance upon public or private property located within the corporate limits of the city. 6 (3) Hazardous substances. Any substances or materials in a quantity or form which, 7 in the determination of the Fire Department, pose an unreasonable and imminent risk to 8 the life, health, safety of welfare of persons or property within the city, and shall include, 9 but not be limited to,those substances listed in the NFPA guide on hazardous materials, 10 the EPA's list of extremely hazardous substances, or the Florida substance list 11 promulgated by the State Department of Labor and Employment Security. 12 (b) The. Fire Rescue Department is hereby authorized to take such steps as necessary 13 to clean up, remove or abate the effects of any hazardous substances discharged upon or 14 into public or private property or facilities located within the corporate limits of the city, 15 and is authorized to use its special or tactical operations unit to effectively deal with 16 specific emergencies, including,but not limited to, high-angle, confined-space, and other 17 forms of vertical rescue. 18 (c) Any person responsible for causing or allowing an unauthorized discharge of 19 hazardous substances which requires action by the Fire Rescue Department, or its 20 authorized agents, in order to protect the public health, safety or welfare, shall 21 reimburse the city for the full amount of all costs associated with the investigating, 22 mitigating, minimizing, removing and abating any such discharge, or otherwise 23 providing relief to a life-threatening situation involving special and tactical 24 operations. Reimbursement shall be made within thirty (30) days after receipt of an 25 itemized bill for such costs from the city. 26 (d) When responding to the emergency caused by the unauthorized discharge of 27 hazardous substances, or to an emergency requiring the use of the special or tactical 28 operations unit,the Fire Rescue Department shall keep a detailed record of the costs 29 attributable thereto. 30 (e) The authority to recover costs under this section shall not include costs incurred 31 for actual fire suppression services,which are normally or usually provided by the Fire 32 Department or its authorized agents. 33 (f) Any person responsible for causing or allowing an unauthorized discharge of 34 hazardous substances, or responsible for an emergency requiring the use of the special 35 operations and tactical unit, and who fails to reimburse the city within the,time set forth 36 herein, shall be subject to a late fee in the amount of ten percent(10%) of the total 37 amount of the bill for each additional day that the bill for such costs remains unpaid. 38 (g) The remedy provided for in this section shall be supplemental to and in addition 39 to all other available remedies by law and equity. 40 41 42 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 1135 of 1269 I in conflict herewith be and the same are hereby repealed to the extent of such conflict. 2 Section 4. If any clause,section,or other part or application of this Ordinance shall be 3 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 4 or invalid part or application shall be considered as eliminated and so not affecting the validity of 5 the remaining portions or applications remaining in full force and effect. 6 Section 5. This Ordinance shall become effective on passage. 7 FIRST READING this_day of October, 2020. 8 9 SECOND, FINAL READING AND PASSAGE this day of . 2020. 10 I1 CITY OF BOYNTON BEACH, FLORIDA 12 YES NO 13 14 Mayor— Steven B. Grant 15 16 Vice-Mayor—Ty Penserga 17 18 Commissioner—Justin Katz 19 20 Commissioner—Woodrow L. Hay 21 22 Commissioner— Christina L. Romelus 23 24 VOTE 25 ATTEST: 26 27 28 29 Crystal Gibson, MMC 30 City Clerk 31 32 33 (Corporate Seal) 34 S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 1136 of 1269 12.B. LEGAL 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Proposed Resolution No. R20-117- Approve and authorize the Mayor to sign a Lease Agreement with the Boynton Beach Community Redevelopment Agency for 209 N. Seacrest Blvd. Explanation of Request: The City currently leases 209 N. Seacrest Boulevard which is located directly south of the post office building from Boynton Boundless, LLC. The lease expired May 31, 2020 and the City is currently leasing the space on a month to month basis. The CRA is purchasing the property from the current property owner and has offered the City the option to enter into a new lease. The property was used by the City for Customer Service and Police Department Internal Affairs. The first floor will be used for Police Department Internal Affairs and the City will sublet the top floor to E2L. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: Not approve the lease and have staff locate another space for the Police Internal Affairs. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1137 of 1269 ATTACHMENTS: Type Description D Resolution Resolution approving Lease Agreement for 209 N. Seacrest Blvd with CRA D Agreement Lease Agreement between the City and the CRA for 209 N. Seacrest Blvd. Page 1138 of 1269 1 RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING THE MAYOR TO SIGN A LEASE 6 AGREEMENT WITH THE BOYNTON BEACH 7 COMMUNITY REDEVELOPMENT AGENCY FOR 8 SPACE AT 209 N. SEACREST BOULEVARD; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City currently leases 209 N. Seacrest Boulevard, which is located 12 directly south of the post office building, from Boynton Boundless, LLC; and 13 WHEREAS, the lease expired May 31, 2020 and the City is currently renting the 14 space on a month to month basis. 15 WHEREAS, The Boynton Beach CRA is purchasing the property from the current 16 property owner and has offered the City the option to enter into a new lease. 17 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. The City Commission of the City of Boynton Beach, Florida does 23 hereby approve and authorize the Mayor to sign the Lease Agreement between the City and the 24 Boynton Beach CRA for the property located at 209 N. Seacrest Boulevard. 25 Section 3. A copy of the Lease Agreement is attached hereto as Exhibit"A". 26 Section 4. This Resolution will become effective immediately upon passage. 27 S:ACA\RESO\Lease Agreement For 209 N Seacrest Blvd(CRA)-Reso.Docx Page 1139 of 1269 28 PASSED AND ADOPTED this day of October, 2020 29 CITY OF BOYNTON BEACH, FLORIDA 30 YES NO 31 32 Mayor— Steven B. Grant 33 34 Vice-Mayor—Ty Penserga 35 36 Commissioner—Justin Katz 37 38 Commissioner—Woodrow L. Hay 39 40 Commissioner—Christina L. Romelus 41 42 VOTE 43 ATTEST: 44 45 46 47 Crystal Gibson, MMC 48 City Clerk 49 50 51 (Corporate Seal) 52 53 S:ACA\RESO\Lease Agreement For 209 N Seacrest Blvd(CRA)-Reso.Docx Page 1140 of 1269 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of 12020, by and between the Boynton Beach Community Redevelopment Agency, whose address is 100 E. Ocean Avenue, 4t" Floor, Boynton Beach, FL 33435, hereinafter referred to as "Landlord", and The City of Boynton Beach, whose address is 100 E. Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "Tenant", collectively referred to herein as the "Parties," and agree as follows: 1. Description of Leased Premises. The Landlord agrees to lease to the Tenant the office space located at 209 N Seacrest, and more specifically described in Exhibit "A" attached hereto, and made a part hereof(the "Leased Premises"). 2. Term. The term of this Lease Agreement ("Lease") shall be for a period of two (2) years (the "Term"), commencing on the first (11t) day of November, 2020, and shall expire at midnight on October 31, 2022. Provided Tenant is not in default in the performance of this Lease,the parties hereto may elect to extend this Agreement for an additional one (1) year term (terminating on October 31, 2023) as may be mutually agreed upon in writing and signed by the parties at the time of any such extension. The Tenant may terminate this lease for convenience and without penalty provided the Tenant gives no less than sixty (60) days written notice to Landlord. 3. Rent. The annual rent shall be payable in advance in equal monthly installments of ten and 00/100 Dollars ($10.00) per month, on the first day of each and every calendar month during the term hereof, and prorata for any fractional portion thereof. 4. Taxes. Both Landlord and Tenant are exempt from payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. 5. Use. The Leased Premises shall be occupied and used by Tenant exclusively as Governmental Offices, and those uses incidental thereto. Tenant shall not use or permit the Leased Premises to be used for any other purpose. 6. Assignment and Subletting. Tenant shall not assign this Lease, nor sublet the whole or any part of the Leased Premises without first obtaining the written consent of the Landlord, which shall not be unreasonably withheld. 7. Condition of Premises/Inspection by Lessee.The Tenant has had the opportunity to inspect the Leased Premises and acknowledges with its signature on this Lease that the Leased Page 1 of 10 100402439.1306-90018211 Page 1141 of 1269 Premises are in good condition and comply in all respects with the requirements of this Lease. Additionally,the Tenant agrees to take possession of the Leased Premises with all current fixtures present in their "as is" condition as of the date hereof. Furthermore, the Landlord makes no representation or warranty with respect to the condition of the Leased Premises or its fitness or availability for any particular use, and the Landlord shall not be liable for any latent or patent defect therein. 8. Common Area. Landlord grants to Tenant the non-exclusive right to use, in common with all other tenants or occupants of the Real Property, the Common Area of the Real Property. The term "Common Area"shall mean all areas and improvements on the Real Property which are not leased or held for lease to tenants, including without limitation the parking area, aisles, sidewalks, loading areas, passageways, stairs, ramps, landscaping, and other common service areas subject to the conditions hereinafter set forth. Tenant shall maintain the Common Area in good repair and reasonably clear of debris at Tenant's sole cost and expense. 9. Alterations and Improvements by Tenant. Tenant shall not make any alternations or improvements to the Leased Premises without the prior written consent of Landlord, which consent Landlord may deny in Landlord's sole and absolute discretion. Furthermore, any leasehold improvements shall be made at the Tenant's expense, and in accordance with applicable federal, state or local codes, ordinances or regulations, having due regard for the type of construction of the building housing the subject leasehold Premises. 10. Liens. Tenant shall keep the Leased Premises and all parts of the Real Property free and clear of all liens and any other encumbrances at all time. In the event a lien is placed against the Leased Premises, through actions of the Tenant, Tenant will promptly pay the same or bond against the same and take steps immediately to have such lien removed. If the Tenant fails to have the lien removed, the Landlord shall take steps to remove the lien and the Tenant shall indemnify and hold the Landlord harmless for all costs and expenses, including attorney's fees, occasioned by the Landlord in having said lien removed from the property; and, such costs and expenses shall be billed to the Tenant monthly and shall be payable by the Tenant with that month's regular monthly rental as additional reimbursable expenses to the Landlord by the Tenant. 11. Utilities. Tenant shall be solely liable for utility charges for the Leased Premises as they become due, including those for water, sanitation, sewer, electricity, telephone services, and any other services used in, on or about the Leased Premises by Tenant. 12. Care and Maintenance of Leased Premise. The Tenant shall at its own expense and at all times, maintain the Leased Premise in good and safe condition, and shall surrender the same at termination hereof, in as good condition as received, normal wear and tear excepted. Page 2 of 10 100402439.1306-90018211 Page 1142 of 1269 The Landlord shall not be responsible for the costs associated with the repair and maintenance of the Leased Premises, except for those necessitated as the result of any act or omission or negligence of the Landlord, its employees, agents, or contractors. 13. Damage or Destruction of Premises. If at any time during the term of this Lease, the Leased Premises or any part of the Building or Parcel shall be damaged or destroyed by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. In the event of minor damage to any part of the Leased Premises, Building or Parcel, if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In such case, there shall be no abatement of rent. 14. Entry and Inspection.Tenant shall permit Landlord and its agents to enter upon the Leased Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and will permit Landlord at any time within sixty (60) days prior to the expiration of this Lease Agreement, to permit persons desiring to lease the same to inspect the Lease Premises. 15. Indemnification/Hold Harmless. Subject to applicable Florida law and Florida Statute §768.28, the Tenant shall hold Landlord harmless and indemnify Landlord from all injury, loss, claims, actions or damage to any person or property while on the Leased Premises and any related expense, including attorney's fees, unless caused by the willful acts or omissions or gross negligence of Landlord, its employees, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, comprehensive general liability insurance with limits of not less than one million dollars for injury or death from one accident and $500,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons or damage to property on or about the Leased Premises. A copy of the policy or a certificate of insurance, naming Landlord as an additional insured,shall be delivered to Landlord on or before the commencement date. 16. Parking. During the term of this Lease,Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non- reserved common automobile parking areas, driveways, and footways, such to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserve the right to designate parking areas for Tenant and Tenant's agents and employees. 17. Signage. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances, to erect and thereafter, to repair or replace, if it shall so Page 3 of 10 100402439.1306-90018211 Page 1143 of 1269 elect. Tenant shall also have the right, at its sole risk and expense and in conformity with applicable laws and ordinances,to erect, maintain, place and install its usual and customary signs and fixtures in the interior of the Leased Premises. 18. Default. In the event that: a. Tenant shall be in default in the payment of rent or other charges herein required to be paid by Tenant (default herein being defined as payment received by Landlord ten or more days subsequent to the due date); or b. Tenant has caused a lien to be filed against the Landlord's property and said lien is not removed within thirty (30) days of recordation thereof; or C. Tenant shall default in the observance or performance of any of the covenants and agreements required to be performed and observed by Tenant hereunder for a period of thirty (30) days after notice to Tenant in writing of such default (or if such default shall reasonably take more than thirty (30) days to cure, Tenant shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion); or d. Tenant has abandoned the premises; or e. Tenant has been adjudged bankrupt. Landlord shall be then entitled to its election to exercise concurrently or successively, at Landlord's absolute discretion, any one or more of the following rights: i. Terminate this Lease bygiving Tenant notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination,with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to the Premises shall expire and terminate, and Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in such notice; or ii. Terminate this Lease as provided herein and recover from Tenant all damages Landlord may incur by reason of Tenant's default, including, without limitation, a sum which, at the date of such termination, represents the then value of the excess, if any, of(a) the Rent and all other sums which would have been payable hereunder by Tenant for the period commencing with the day following the date of such termination and ending with the date herein before set for the expiration of the full term hereby granted, over (b) the aggregate reasonable rental value of the Premises for the same period, all of which excess sum shall be deemed immediately due and payable; or Page 4 of 10 100402439.1306-90018211 Page 1144 of 1269 iii. Without terminating this Lease, declare immediately due and payable all Rent and other amounts due and coming due under this Lease for the entire remaining term hereof, together with all other amounts previously due, at once; provided, however, that such payment shall not be deemed a penalty or liquidated damages but shall merely constitute payment in advance of rent for the remainder of said term. Upon making such payment, Tenant shall be entitled to receive from Landlord all rents received by Landlord from other assignees, tenants, and subtenants on account of said Premises during the term of this Lease, provided that the monies to which tenant shall so become entitled shall in no event exceed the entire amount actually paid by Tenant to Landlord pursuant to the preceding sentence less all costs, expenses and attorney's fees of Landlord incurred in connection with the reletting of the Premises; or iv. Without terminating this Lease, and with or without notice to Tenant, Landlord may in its own name but as agent for Tenant enter into and upon and take possession of the Premises or any part thereof, and, at landlord's option, remove persons and property therefrom, and such property, if any, may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of Tenant, all without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby, and Landlord may rent the Premises or any portion thereof as the agent of Tenant with or without advertisement, and by private negotiations and for any term upon such terms and conditions as Landlord may deem necessary or desirable in order to relet the Premises. Landlord shall in no way be responsible or liable for any rental concessions or any failure to rent the Premises or any part thereof, or for any failure to collect any rent due upon such reletting. Upon such reletting, all rentals received by Landlord from such reletting shall be applied: first, to the payment of any indebtedness (other than any rent due hereunder)from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including, without limitation, brokerage fees and attorney's fees and costs of alterations and repairs; third, to the payment of rent and other charges then due and unpaid hereunder; and the residue, if any shall be held by Landlord to the extent of and for application in payment of future rent as the same may become due and payable hereunder. In reletting the Premises as aforesaid, Landlord may grant rent concessions and Tenant shall not be credited therefore. If such rentals received from such reletting shall at any time or from time to time be less than sufficient to pay to Landlord the entire sums then due from Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall, at Landlord's option, be calculated and paid monthly. No such reletting shall be construed as an election by Landlord to terminate this Lease unless a written notice of such election has been given to Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for any such previous default provided same has not been cured; or V. Without liability to Tenant or any other party and without constituting a constructive or actual eviction, suspend or discontinue furnishing or rendering to Tenant any property, material, labor, utilities or other service, whether Landlord is obligated to furnish or render the same, so long as Tenant is in default under this Lease; or Page 5 of 10 100402439.1306-90018211 Page 1145 of 1269 vi. Allow the Premises to remain unoccupied and collect rent from Tenant as it comes due; or viii. Pursue such other remedies as are available at law or equity. Landlord's pursuit of any remedy of remedies, including without limitation, any one or more of the remedies stated herein shall not (1) constitute an election of remedies or preclude pursuit of any other remedy or remedies provided in this Lease Agreement or any other remedy or remedies provided by law or in equity, separately or concurrently or in any combination, or (2) serve as the basis for any claim of constructive eviction, or allow Tenant to withhold any payments under this Lease. 19. Quiet Enjoyment. Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming through Landlord. 20. Holding Over. In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. 21. Waiver. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. 22. Attorney's Fees. If suit should be brought for recovery of the Leased Premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the Leased Premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees. 23. Notices. Wherever in this lease it is required or permitted that notice or demand be given or served by either party on the other, such notice or demand shall be deemed given when written and hand delivered, or deposited in the United States Mail, certified, return receipt requested, postage prepaid, addressed as follows: Page 6 of 10 100402439.1306-90018211 Page 1146 of 1269 If to Landlord: Boynton Beach Community Redevelopment Agency Michael Simon, Executive Director 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to Tenant: City of Boynton Beach Lori LaVerriere, City Manager 100 E. Ocean Avenue Boynton Beach, Florida 33435 With a copy to: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Ft. Lauderdale, Florida 33308 24. Severability. If any term or provision of this Lease Agreement or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 25. Brokerage. The parties represent that no party has acted as, by or through a broker in the effectuation of this Agreement. 26. Time of Essence. Time is of the essence in the performance of this Lease Agreement. 27. Entire Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. This Lease shall not be modified in any way except by a writing executed by both parties. 28. Subordination. This Lease Agreement is subject and subordinate to all mortgages and deeds of trust which may now or hereafter encumber the Property, Building, or any Page 7 of 10 100402439.1306-90018211 Page 1147 of 1269 appurtenances thereto, or any leases, renewals or modifications related thereto. This clause shall be self-operative and no further instruments of subordination shall be required in order for this clause to be effective. 29. Amendment. No Amendment of this Lease shall be effective unless reduce to writing and subscribed by the parties with all the formality of the original. 30. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 31. Governing Law. All matters pertaining to this agreement (including its interpretation, application,validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this Agreement or the performance thereof,the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses,whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. [THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY] Page 8 of 10 100402439.1306-90018211 Page 1148 of 1269 IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of: WITNESSES: LANDLORD: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name: Title: WITNESSES: TENANT: THE CITY OF BOYNTON BEACH By: Name: Title: Page 9 of 10 100402439.1306-90018211 Page 1149 of 1269 EXHIBIT"A" LEGAL DESCRIPTION 209 N. Seacrest Blvd. Boynton Beach, FL 33435 Parcel Identification Number: 08-43-45-28-10-004-0221 Lots 23, 24, 25, 26 and 27, and the South 7 feet of Lot 22, Block 4, BOYNTON HEIGHTS, according to the Plat thereof, as recorded in Plat Book 10, Page 64, of the Public Records of Palm Beach County, Florida; LESS the additional right-of-way for Seacrest Boulevard as shown in Road Plat Book 5, Page 182, of the Public Records of Palm Beach County, Florida. Page 10 of 10 100402439.1306-90018211 Page 1150 of 1269 12.C. LEGAL 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Proposed Ordinance 20-037 - First Reading - Approve amending the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 8.E. Downtown Transit-Oriented Development District (DTODD) Overlay, to add a density provision in support of workforce housing in MU-2, MU-3, MU-4 and MU-C zoning districts. Explanation of Request: Currently, projects located in the Downtown Transit-Oriented Development District (DTODD) Overlay can avail themselves of 25% density and height bonuses through participation in the City's Workforce Housing Program (W HP). Both construction (on-and off-site) and a fee-in-lieu can be considered. The CRA Plan future land use (FLU) recommendations for lands within the DTOD District are predominantly high-density categories of MXH and MXM. A large share of these properties are already reclassified, though most are not yet rezoned to the corresponding mixed-use zoning districts. The potential for high density— including an additional density bonus— contributed to dramatic rise of the area land prices in recent years, resulting in extremely high development costs in the City's downtown. Expensive multi-level structured parking, required in the highest density projects, further jeopardizes project viability. The density bonus available through the W HP would make such projects feasible; however, the reviews of the program by the private sector indicate that major revisions are needed for the program to both achieve its goal and make it work for developers. While revisions to the W HP are forthcoming, the proposed amendment would constitute another tool to increase the number of units in the DTOD District and support workforce housing for the moderate-income households. Staff is also evaluating other attainable housing-supportive amendments to the Land Development Regulations. The proposed amendment would allow a multi-family dwelling not exceeding 750 square feet of habitable space and located in MU-2, MU-3, MU-4 and MU-C zoning districts within the Downtown Transit-Oriented Development District (DTODD) to be counted as one-half unit (1/2) for the purpose of the density calculation. A development will meet the requirements of the proposed amendment if: • The density calculated by counting the units sized 750 square feet or smaller as half-units does not exceed the maximum density of the zoning district; and • The density calculated by counting each individual unit as a whole unit does not exceed the maximum density of the underlying future land use classification in the DTODD as established by the Future Land Use Element of the Comprehensive Plan. Additionally, dwellings subject to the proposed amendment would be limited to studio-and one-bedroom units. No specific affordability requirements would be attached to the units, but their size may keep rents at a level potentially affordable to moderate-income households. The units would be targeting small households such as young professionals, married couples without children, small families, or single adults. Page 1151 of 1269 In addition to expanding attainable housing options, the amendment would: • Increase overall supply of housing, with choices for different generations/lifestyles. • Encourage higher population density in proximity to public transit; specifically, increase gross density in the station area in support the future Coastal Link Commuter service. • Foster implementation of the CRA Plan's vision for a successful, lively downtown through added demand for retail and restaurant uses. • Address the financial feasibility issue as described in the "Background' section above. Under the proposed code amendment, no height increases will be allowed above the maximums determined by the zoning districts. Lastly, it's noteworthy that this concept of allowing small units to be counted at one-half a dwelling unit is currently being utilized in Sarasota, and in Martin and Broward counties. How will this affect city programs or services? No direct impact on programs or services Fiscal Impact: Potential increase in tax revenues Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending LDR Chapter 3, Article I I I DTODD Staff Report Staff Report Exhibit LDR amendment Location Map TOD Map Page 1152 of 1269 1 2 ORDINANCE NO. 20- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA AMENDING THE LAND DEVELOPMENT 7 REGULATIONS CHAPTER 3 "ZONING", ARTICLE III, 8 "ZONING DISTRICTS AND OVERLAYS," SECTION 8.E. 9 DOWNTOWN TRANSIT-ORIENTED DEVELOPMENT 10 DISTRICT (DTODD) OVERLAY, TO ADD A DENSITY 11 PROVISION IN SUPPORT OF WORKFORCE HOUSING IN 12 MU-2, MU-3, MU-4 AND MU-C ZONING DISTRICTS; 13 PROVIDING FOR CONFLICTS, SEVERABILITY, 14 CODIFICATION AND AN EFFECTIVE DATE. 15 16 17 WHEREAS, Currently, projects located in the Downtown Transit-Oriented 18 Development District (DTODD) Overlay can avail themselves of 25% density and height 19 bonuses through participation in the City's Workforce Housing Program (WHP); and 20 WHEREAS, the proposed amendment would allow a multi-family dwelling not 21 exceeding 750 square feet of habitable space and located in MU-2, MU-3, MU-4 and MU-C 22 zoning districts within the Downtown Transit-Oriented Development District(DTODD)to be 23 counted as one-half unit(1/2) for the purpose of the density calculation; and 24 WHEREAS, while revisions to the WHP are forthcoming,the proposed amendment 25 would constitute another tool to increase the number of units in the DTOD District and support 26 workforce housing for the moderate-income households; and 27 WHEREAS, the City Commission of the City of Boynton Beach has considered the 28 recommendations and has determined that it is in the best interest of the citizens and residents 29 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 30 Regulations as contained herein. 31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing whereas clauses are true and correct and are now ratified I S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-004)(DTODD) -Ordmance.Docx Page 1 153 of 1269 34 and confirmed by the City Commission. 35 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 36 "Zoning", Article III, Zoning Districts and Overlays, Section 8.E. Downtown Transit- 37 Oriented Development District (DTODD) Overlay, to add a density provision in support of 38 workforce housing in MU-2, MU-3, MU-4 and MU-C zoning districts is hereby amended as 39 follows: 40 E. Downtown Transit-Oriented Development District(DTODD) Overlay. 41 1. Intent. This overlay implements Policy No. 1.18.1 of the Comprehensive Plan's 42 future land use element which establishes the DTODD to improve land development 43 patterns around the future station of the planned commuter service. The overlay's features 44 further enhance the vision embodied by mixed-use zoning districts with increased density 45 and intensity as well as strong emphasis on interconnectivity throughout the area. 46 2. Defined. The DTODD Overlay coincides with the Station Area of a one-half(t/2) 47 mile radius around the intersection of Ocean Avenue and the Florida East Coast rail 48 corridor, which is the anticipated location of the Downtown Boynton Beach Station for the 49 planned commuter Tri-Rail Coastal Link service on the FEC Corridor. 50 3. General. See additional standards and requirements for mixed-use (urban) districts 51 based on the proximity to the planned train station in Chapter 3, Article III, Section 5.A. 52 4. Use(s) Allowed. For the DTODD, allowed uses are based on the underlying zoning 53 district. See"Use Matrix," Table 3-28 in Chapter 3, Article IV, Section 3.D. 54 5. Building and Site Regulations. See Chapter 3, Article III, Section 5.C. 55 6. Density Within the MU-2 MU-3 MU-4 and MU-C Zoning Districts. 56 Efficiencv and one-bedroom units which are 750 square feet or less may count as 57 one-half(1/2) a unit. When using this provision, the density shall not exceed: 58 a. The maximum density of the underlying zoning district when counting units using 1/2 59 density units, and, 60 61 b. The maximum density of the underlyin future land use classification in the TOD, 62 when counting each individual unit as a whole unit. 63 64 7. Additional Standards. See Chapter 4, Article III, Section 6.H. for additional 65 standards related to urban design and building location for properties located within the 66 transit core of the Station Area. 67 68 Section 3. Each and every other provision of the Land Development Regulations 69 not herein specifically amended, shall remain in full force and effect as originally adopted. 2 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-004)(DTODD) -Ordmance.Docx Page 1 154 of 1269 70 Section 4. All laws and ordinances applying to the City of Boynton Beach in 71 conflict with any provisions of this ordinance are hereby repealed. 72 Section 5. Should any section or provision of this Ordinance or any portion 73 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 74 affect the remainder of this Ordinance. 75 Section 6. Authority is hereby given to codify this Ordinance. 76 Section 7. This Ordinance shall become effective immediately. 77 FIRST READING this day of October, 2020. 78 SECOND, FINAL READING AND PASSAGE this day of , 2020. 79 CITY OF BOYNTON BEACH, FLORIDA 80 YES NO 81 82 Mayor— Steven B. Grant 83 84 Vice Mayor— Ty Penserga 85 86 Commissioner—Justin Katz 87 88 Commissioner—Woodrow L. Hay 89 90 Commissioner—Christina L. Romelus 91 92 VOTE 93 94 ATTEST: 95 96 97 98 Crystal Gibson, MMC 99 City Clerk 100 101 102 (Corporate Seal) 3 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-004)(DTODD) -Ordmance.Docx Page 1155 of 1 269 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 20-025 TO: Chair and Members Planning& Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: October 8, 2020 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 8.E. Downtown Transit-Oriented Development District (DTODD) Overlay, to add a density provision in support of workforce housing in MU-2, MU-3, MU-4 and MU- C zoning districts. Background Currently, projects located in the Downtown Transit-Oriented Development District (DTODD) Overlay can avail themselves of a 25% density and a height bonus through participation in the City's Workforce Housing Program (WHP). Both construction (on-and off-site) and a fee-in-lieu can be considered. The CRA Plan future land use (FLU) recommendations for lands within the DTOD District are predominantly high-density categories of MXH and MXM. A large share of these properties are already reclassified, though most are not yet rezoned to the corresponding mixed-use zoning districts. The potential for high density—including an additional density bonus—contributed to dramatic rise of the area land prices in recent years, resulting in extremely high development costs in the City's downtown. Expensive multi-level structured parking, required in the highest density projects, further jeopardizes project viability. The density bonus available through the WHP would make such projects feasible; however, the review of the program by the private sector indicate that major revisions are needed for the program to both achieve its goal and make it work for developers. While revisions to the WHP are forthcoming, the proposed amendment would constitute another tool to increase the number of units in the DTOD District and support workforce housing for the moderate- income households. Staff is also evaluating other attainable housing-supportive amendments to the Land Development Regulations. Page 1156 of 1269 DTOD District Overlay Amendment(CDRV 20-004) Memo PZ No. 20-25 Proposed Amendment The proposed amendment would allow a multi-family dwelling not exceeding 750 square feet of habitable space and located in MU-2, MU-3, MU-4 and MU-C zoning districts within the Downtown Transit-Oriented Development District(DTODD) to be counted as one-half unit (1/2) for the purpose of the density calculation. A development will meet the requirements of the proposed amendment if: • The density calculated by counting the units sized 750 square feet or smaller as half-units does not exceed the maximum density of the zoning district; and • The density calculated by counting each individual unit as a whole unit does not exceed the maximum density of the underlying future land use classification in the DTODD as established by the Future Land Use Element of the Comprehensive Plan. Dwellings subject to the proposed amendment would be limited to studio-and one-bedroom units. No specific affordability requirements would be attached to the units, but their size may keep rents at a level potentially affordable to moderate-income households. The units would be targeting small households such as young professionals, married couples without children, small families, or single adults. In addition to expanding attainable housing options, the amendment would: • Increase overall supply of housing, with choices for different generations/lifestyles • Encourage higher population density in proximity to public transit; specifically, increase gross density in the station area in support the future Coastal Link Commuter service. • Foster implementation of the CRA Plan's vision for a successful, lively downtown through added demand for retail and restaurant uses. • Address the financial feasibility issue as described in the `Background' section above. Under the proposed code amendment, no height increases will be allowed above the maximums determined by the zoning districts. This concept of allowing small units to be counted at one-half a dwelling unit is currently being utilized in Sarasota, Martin and Broward counties. Conclusion/Recommendation Staff proposes these code amendments to continue revising LDRs to support quality redevelopment and economic growth in the CRA and citywide. -2- Page 1157 of 1269 E. Downtown Transit-Oriented Development District (DTODD) Overlay. 1. Intent. This overlay implements Policy No. 1.18.1 of the Comprehensive Plan's future land use element which establishes the DTODD to improve land development patterns around the future station of the planned commuter service. The overlay's features further enhance the vision embodied by mixed-use zoning districts with increased density and intensity as well as strong emphasis on interconnectivity throughout the area. 2. Defined. The DTODD Overlay coincides with the Station Area of a one-half ('/2) 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 Tri-Rail Coastal Link service on the FEC Corridor. 3. General. See additional standards and requirements for mixed-use (urban) districts based on the proximity to the planned train station in Chapter 3, Article III, Section 5.A. 4. Use(s) Allowed. For the DTODD, allowed uses are based on the underlying zoning district. See "Use Matrix," Table 3-28 in Chapter 3, Article I , Section 3.D. 5. Building and Site Regulations. See Chapter 3, Article III, Section 5.C. 6. Districts. Ffficienc and one-bedroom units which are 156 � ��are feet or less rna c o��nt ........................................................................................................................................................................................q_ ------------------- y............................... as onehalf (1/ a unit. When usinclithis provision the den sit shall not exceed: a. The maximum densit"J of the underh i-nelronin i strict o/hen countin Unit s Lj sin '� den pit its and b. The maximum densitV of the ender!; in q.......f��t��re land use classification in the ------------------- ....................................................................................................................................................................... �._OI hen coy ntin each in i i � al s nit a c hole unit. 7. Additional Standards. See Chapter 4, Article III, Section 6.H. for additional standards related to urban design and building location for properties located within the transit core of the Station Area. Page 1158 of 1269 111,`�l(��,IIIIIC��'rrttttrllii�„'#,4��r �1�4€i{�� `i 1 I I� i ley#I� �f�� I — ■�� /111■■1■■111 � ��_ r. �� ,� � � � �.- _ 11111111111111 • qp �.�� iw�''�� °� ��tn •��ir .� �� !�� 1■■��lll�._X11■ � �{r: Emil 1■ ,■ ■ ,�■', r �c��i- � ��5 � �� ; !� � I #t +( �� y,\it t444�41�y444141�ff{;;(�x{Si{�ra��t#tl��t{ttt, mown ■ , _•� � ,� �`t �� ; 3' '`�� x �t� `�"h"��i"`+' '` Rttttttf� ;Ill �� 1��;#,�i�l�t�i��,��1��+4��i11�t't �itsl�t�•`�i��i1�111111�(�}j? IVI 4 • ■ I. �.+ ''� � 1 3 F ��.� �� n:'�� - I #ili��l� � _ � } j It ■ �� '�4; 1; i by by �i�`��` +;#�� 4"��C�� Clrl�SII IIIIIIIIIC'F ��'�111t�, � �� I �" ,I 1 •■1111 ■■�) (��'�Es �{ �� {#Y �� 4Y {SI i��f _(�) i,#£��— � '� _ �1� -Y� ��1�151 -.�—�� 11111 ��■� � t �� ,s ilk, i, �� IIC�� ,s(I oI� — �tt �r 4f.lt r, loll■ i��. ��ti�� IIY I: Iit,{jf3#s # ;f ��k► �� 1 }�NNNNNNylllllllllllllllfr ■ ��Iii � ;y#### { #i !#,, all C"I#� 111 1111■ 111111■L. ��ic��i�� 11111 111/ /111 1111 /111 ■�■ ��IIIIII■ 11■■11 15�� 44444444�#��I��illlllllllllllllllllllllllllllllllllllllllllll[[��llllll�'tr r? �� ►�� 111■ ��■��1: ��1��t��i1111111�»�i,`4 j�,{� iiii�, y€ elft �,,ii f� ��4~»��444�»��#11��11��J�� ■�� ►�� ,,,� , � � 111111» � �� 1115�� r��1111� �OORE��►1 !Olson•■•• 111■ ■■111111WE �■ 1�:�11: :�IIIII: ■■�� 1 P��'t��t��#��lslffffffffff�� 11 1►� 1'111��1 ■1■ ,l IiC4 h I��I9»�I»�a01�1Cliij�i�� `��11111"111111�RAI� 'Il1111),�l�� y i � ■1111111 �11111■� ��■111 ■■�� »,�h� � ��<<�11�� 1�� 'II�� II��IIII�I�Di�li�r��°��,��a 1111 ■� it Legend 31(��GIi �� ■�� Ilion NEW44 I�`G''' ��■�� Mixed Use Medium111 1�� I;t � ��■■■r� 4{� ' 1111 ■11 �� s�. �� ■ Mixed Use HighI�1111 r� �I� (I� �`i ■■�■� �� ■ t ��a��4� i� �� 041 �� 1 1 1 1 1 1 12.D. LEGAL 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (The City Attorney recommends this item remains on the table until the November 4, 2020 Commission meeting.) Explanation of Request: The City owns approximately 14.7 acres of land commonly referred to as the Nickels Blvd property. The land is undeveloped and outside the City boundaries. It is currently governed by Palm Beach County Land Development Regulations. On November 5, 2019, the City Commission was presented with a Letter of Intent from Pulte Homes to purchase the 14.7 acres. Following negotitions with Pulte, the City Commission approved a Purchase and Sale Agreement but the Agreement has not been signed. Subsequent to the City Commission approval of the Purchase and Sale Agreement the City Manager received a Letter of I ntent from Mallorca Isles, LLC., for the purchase of the same property. The City holds a $10,000 good faith deposit from Pulte Homes. Direction is sought as to whether the City Commission wants to proceed with the Purchase and Sale Agreement with Pulte Homes for $2,275,000.00, in which case the Mayor can sign the Agreement or, authorize the City Manager to further explore the Mallorca Isles LOI option and notify Pulte Homes that the Purchase and Sale Agreement is being held in abeyance. If the Commission does not want to proceed with the Purchase and Sale Agreement with Pulte Homes, a motion to rescind Resolution R20-087 must be made and adopted. How will this affect city programs or services? n/a Fiscal Impact: n/a Alternatives: Explore alternative marketing strategies to sell the City's 14.7 acres. Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Page 1160 of 1269 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Letter Mallorca Isles Letter of Intent D Letter Pulte Homes Letter of Intent Minutes of the August 19, 2020 City Commission D Minutes Meeting discussion on Purchase and Sale Agreement with Pulte Homes D Agreement Purchase and Sale Agreement for Nickels Blvd with Pulte Homes D Attachment Section 2-56(c) Sale of Real Property D Attachment Appraisal from Anderson Carr Page 1161 of 1269 Centennial Management Corp. 7735 NW 146 ST Harris Lakes, FL 33016 (305)821-0330 Fax (305)821-0402 LETTER OF INTENT TO PURCHASE REAL PROPERTY 8/20/2020 Property: 15.026 AC Parcel Control Numbers: • 00-43-45-19-00-000-3010; • 00-43-45-19-03-006-0080; • 00-43-45-19-04-006-0250; • 00-43-45-19-04-008-0200 To Whom It May Concern: This shall serve as a letter of intent to purchase the above referenced property. This is not intended to and shall not be construed as creating a contract between the Buyer and the Seller. Only a firlly executed agreement for purchase and sale of the property shall serve to bind the parties. 1) Buyer: Mallorca Isles, LLC 2) Seller: City of Boynton Beach,Florida 3) Price: $3,185,000.00 based on the approval of 90 lots 4) Deposits: A FIFTEEN THOUSAND DOLLAR($15,000.+60) refundable deposit due three(3) business days following the execution of the Contract. A FIFTEEN THOUSAND DOLLAR($15,000.00)non-refundable deposit due five(5)business days after expiration of the Investigation Period A ONE HUNDRED TWENTY-FIVE THOUSAND DOLLAR($125,000.00) refundable deposit due five(5)business days after expiration of the Investigation Period 5) Due Diligence: 30 Days frons execution of Contract. 6) Property condition: Property is being sold"AS IS"with Seller making no representations and no warranties concerning the property. 7) Financing: N/A(Cash deal) 1 Page 1162 of 1269 8) Closing: The closing(the "Closing") shall be held at the offices of Escrow Agent, by "mail away" closing or such other location as may be mutually agreed to by the parties upon the earlier to occur of thirty(30)days after the expiration of the Due Diligence period. 9) Brokers: Buyer and Seller represent and warrant to each other that each has not dealt with any broker, agent or similar person in connection with this transaction. 10) Exclusivity: Upon full execution of this Letter of Intent, Seller hereby agrees not to enter into any agreement, binding or otherwise with any other prospective purchaser for the Property. 11) Liens: Seller shall deliver the Property free of liens and at least ten(10)days prior to closing. If this Letter of Intent is acceptable, purchase contract shall be prepared by the Buyer's attorney. This offer will stay in effect untij,-Sprn of August 31, 2020. Sincerely, l Buyer: x mdfloreafiq'es, LC/ By/- Le,Msj,Sw4y lit Seller: Agreed and accepted this day of 2020 CITY OF BOYNTON BEACH,a Florida municipal corporation By: Name: Title: 2 Page 1163 of 1269 City of Boynton Beach—Nickels Blvd. November 18,2019 TO: Colin Groff, P.E,Assistant City Manager,City of Boynton Beach Subject: City of Boynton Beach-Nickels Blvd.1,0I This letter is to serve as a Letter of Intent(LOI) for Pulte Group to enter into contract negotiations to acquire+/- 14.7 acres of property known as the Nickels parcels,located in Boynton Beach, FL. Pulte Group has maintained the highest cash and lowest debt ratios amongst our peers through the ups and downs of the housing cycle. Our company has the capital to complete this transaction and we will not include any 3rd party lending approvals as part of our offer to purchase. Pulte understands there is a deed restriction and will bear all the costs of getting the deed restriction removed as well as the entitlements.We are prepared to work with all parties to resolve the deed restriction quickly. The general parameters for the proposed transaction are attached. Pulte agrees to work with the City of Boynton Beach to allow for the property to be annexed into the City at such time it become contiguous with the City limits. We look forward to hearing from you and want to assure you we are prepared to act quickly in working to arrive at a mutually acceptable contract. Respectfully, Pulte Group Awsm ft" Andrew Maxey VP of Land Acquisition Southeast Florida Division Cc: Brent Baker, Division President, Pulte Group Cc: Eliot Goldstein, Land Acquisition Analysts, Pulte Group (00344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 1164 of 1269 *Pu Ite i J i City of Boynton Beach—Nickels Blvd. 1. Property Description: The property consists of +/-14.7 acres of land located in Unincorporated Palm Beach County,off Nickels Blvd,as shown below: f i a§.lyt i. L m 1 .d '-...iF:dkrv�RO"w#4'eta°ter PCNs: 00-43-45-19-00-000-3010,00-43-45-19-03-006-0080, 00-43-45-19-04-006-0260,00-43-45-19-04-008-0200 2. Price Determination.The purchase price for the property is estimated to be $2,275,000 calculated based on an assumed entitlement of 91 Units. 3. PSA: Both parties agree to work together to execute a mutually acceptable contract within(60) sixty days after the parties execute a mutually acceptable LOI. 4. Deposits. First Deposit: $10,000 (Cash) Deposit is due within five (5)business days after the parties execute a mutually acceptable LOI and is non-refundable.The First Deposit is to be creditable against the total Purchase Price at Closing. Second De osit: Upon the end of the Inspection Period,Buyer will deliver,within five (5) business days,an additional$10,000 in cash directly to the seller and an additional deposit of$94,000 to Escrow Agent. The Second Deposit is to be creditable against the total Purchase Price at Closing. S. Inspection Period. Pulte will require 90 days from the signing of the contract in which to investigate the property at Buyer's expense.Pulte will have the right to buy(1) 30- day extension to closing by paying$5,000 in cash directly to the seller.The payment will be non-refundable but applicable to the purchase price. 6. Entitlement Period. Following the expiration of the Inspection Period and notice to proceed from buyer,Pulte shall have a period of 12 months to obtain the necessary entitlements to develop the property.Pulte will have the right to buy(1) 3-month (00344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 1165 of 1269 *Pu Ite City of Boynton Beach—Nickels Blvd. extension to closing by paying$20,000.The payment will be non-refundable and not applicable to the purchase price. a. Pulte will bear all the costs of getting the deed restriction removed as well as the entitlements. 7. Closing Schedule. Pulte shall close within 30 days of fulfillment of closing conditions or Entitlement Period termination date (whichever is earlier). 8. Conditions to Close. a) Palm Beach County revoking the deed restriction to allow for residential uses b) City of Boynton Beach vacating the existing ROW c) Final DRO site plan approval (non-appealable form) for a minimum 91 units d) Technical Compliance of Preliminary Plat and Construction Plans e) ERM Lake Excavation Permit f) LWDD Permit g) SFWMD ERP Permit This letter is not intended to create legal commitments binding upon either Pulte or the Seller. Said parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing is acceptable,please indicate your approval by signing this letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance,Pulte will commence preparation of a mutually acceptable written contract. Agreed and Accepted: By:. Seller Date: 100344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 1166 of 1269 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 other co-working spaces or incubator spaces, creating one and making it affordable and making it right here within the Town Square within the downtown, attracts all those things. This helps to expand the city's vision and where the city is trying to go. She is 100%, maybe even more in favor of what is being done and the direction and trajectory that she believes it will take the residents and the community in the near future. This is just one more step towards that process and would not do anything to deter from that. She said she provided the information because she believes it is relevant. B. Discuss direction to City staff for the 2021 International Kinetic Art Exhibit and possibly consider Resolution No. R20-086 - Authorizing the City Manager to sign a proposal and purchase order for Zucker& Lewis Media Group, LLC to manage and promote the event, currently scheduled for February 6-7, 2021. (Heard earlier in the Meeting) C. Presentation by Staff on the parameters of SHIP and CDBG programs to provide home ownership assistance for residents. (Heard Earlier in the Meeting) 10. Unfinished Business (none) 11. New Business- None A. Proposed Resolution No. 20-087-Authorize the Mayor to sign the Purchase and Sale Agreement with Pulte Home Company, LLC., for a City owned parcel known as the Nickels property. Mayor Grant read the proposed Resolution No. R20-087 into the record by title only. Mayor Grant asked about the timeline. What are the time dates for funding? Colin Groff, Assistant City Manager, responded the Pulte Group has already deposited a down payment to help cover the city's legal costs. Noted the deposit is nonrefundable. As of today, if the resolution is authorized, the Pulte Home Company, LLC will have 90 days to collect information on the land; this is called due diligence. Once this is done, they will have 360 days or one yes to receive all development approvals. Once the Pulte Home Company receives all the development permits, at that time the property will close and the remaining balance must be paid to the city. Mr. Groff stated the money that they're paying upfront is non-refundable, that covers our costs. If they terminate the contract, you know the purchase and sale sometime before they close, they carry all the cost. If the city chooses to, after the 90 days the city chooses not to follow through with the contract, then the city would be responsible for the cost. Staff recommends approval of this, because the property, again, as you all are aware, is outside the City limits. It will have annexation agreements in place, when such time it can be annexed it will be. They will also be water and sewer customers' revenue. 22 Page 1167 of 1269 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Motion Vice Mayor Penserga moved to approve Resolution No. R20-087. Commissioner Katz seconded the motion, which passed unanimously 12. Legal A. Proposed Resolution No. R20-088 - Approval of Settlement Agreement Between the City of Boynton Beach and Eckols '76 LTD and Eckols '86 LTD and authorizing the City Manager or the City Manager's Designee to execute the Settlement Agreement. Mayor Grant read the proposed Resolution No. R20-088 into the record by title only. Attorney Cherof stated this is a settlement offer in a foreclosure action. The City has liens on the property in the $850,000 range. The property is worth in the $250,000 range. The defendant, Eckols'76LTD and Eckols 86, has decided that would rather settle the case than to litigate. The subtle end result would be the city would own the property. The property is free and clear of any encumbrances, and the city is encouraged to take it on that condition. Mayor Grant said he believes it would have other encumbrances. Attorney Cherof indicated the city title search indicates the property does not have any encumbrances on it. Mayor Grant asked other than the City liens? Attorney Cherof stated that was correct. Those liens would be merged into our ownership, and the lawsuit for foreclosure would be dismissed with prejudice. Mayor Grant asked if the city would receive a quick claim deed or a warranty deed. Attorney Cherof responded the city would receive a Warranty Deed. Motion Commissioner Katz moved to approve Resolution No. R20-088. Vice Mayor Penserga seconded the motion, which passed unanimously. Mayor Grant announced some sad news regarding the Grand Marshall for 2017, Enrique Zanada passed away, CEO of the Soup Kitchen on West Boynton Beach Boulevard. Mayor Grant indicated he spoke with staff regarding the Urban Tree Canopy Study and requested a discussion regarding ways of funding for sustainability of trees, a tree fund for developers, a utility sustainability program and a memorial tree fund. He heard the city had it on the books. Lori LaVerriere, City Manager, stated the City received donations sporadically in the past. Set up a 691 fund and there is no balance. Indicated the structure is ready to accept 23 Page 1168 of 1269 AGREEMENT FOR PURCHASE AND SALE THIS AGREEMENT FOR PURCHASE AND SALE (this "Agreement") is dated as of the Effective Date (as defined in Section 27) and entered into by the City of Boynton Beach, Florida, a Florida municipal corporation ("Seller"), and Pulte Home Company, LLC, a Michigan limited liability company, and/or its assigns ("Buyer'). BACKGROUND: A. Seller is currently the owner of certain parcels of real property containing approximately 15 acres in the aggregate, located in unincorporated Palm Beach County ("County"), Florida, and which is more particularly described on Exhibit"A" attached hereto and made a pant hereof("Land"). The legal description of the Land shall be subject to verification by a survey prior to the expiration of the Investigation.Period, as defined in Section 4 herein. B. The Land is being acquired with the primary intent of developing a residential community containing a minimum of ninety-one (9 1) single-family residential units, together with associated amenities,parking and other property features (the"Buyer's Intended Use") C. The parties to this Agreement have agreed to the sale and purchase of the Property on the terms and conditions which are set forth in this Agreement. AGREEM ENT: 1. Purchase and Sale. Subject to all of the terms and conditions of this Agreement, Seller will sell to Buyer and Buyer will purchase from Seller the Land, together with all appurtenances, rights, easements, and development rights of way incident thereto, including, without limitation, the following(collectively, with the Land, the"Property"): (a) All easements, rights of way, privileges, licenses, appurtenances and any other rights, privileges and benefits belonging to the owner of, running with title to, or in any way related to,the Land, if any; (b) All land use rights or other consents, authorizations, variances, waivers, licenses, permits, vested concurrency rights, approvals, development orders, or any other approvals issued or granted by or from any governmental authority with respect to the Land, if any; (c) All percolation, soil, topographical, traffic, engineering and environmental reports, appraisals or studies in the possession or control of the Seller, and all riparian, littoral rights,title to submerged lands and other water rights related to or benefiting the Land, if any; (d) All existing rights to sewage treatment capacity, potable water capacity, utility mains, service laterals, hydrants, connections, hood-ups and valves located on, or adjacent to, and servicing or available to service the Land; i I 100391/542 30Cr9903441) WPBDo1us 10386778 6 Page 1169 of 1269 (e) Any and all other agreements, contracts, covenants, variances and rights, benefits and privileges, and all other intangible rights of Seller related to or benefiting the Land, if any, including the prospective abandonment of unwanted casements or rights of way. 2. Purchase Price. (a) Purchase Price. The total purchase price for the Property is TWO MILLION TWO HUNDRED SEVENTY FIVE THOUSAND and No/100 Dollars ($2,275,000.00) ("Purchase Price"). (b) Initial Deposit. Buyer has previously delivered to Seller a cash deposit in the amount of TEN THOUSAND DOLLARS ($10,000.00) ("Initial City Deposit") following the execution of a Letter of Intent relating to the purchase of the Property. (c) Additional Deposits. Within five (5) business days after the expiration of the Investigation Period, Buyer shall (i) deliver directly to Seller an additional cash deposit in the amount of TEN THOUSAND DOLLARS ($10,000.00) (the "Additional City Deposit" and, together with the Initial City Deposit, the "City Deposits"), and (ii) deliver an additional cash deposit to Goren, Cherof, Doody & Ezrol, P.A., as escrow agent ("Escrow Agent"), in the amount of NINETY FOUR THOUSAND DOLLARS ($91,000.00) (the "Escrow Deposit", and together with the Additional City Deposit, the"Additional Deposits"). Escrow Agent shall hold the Escrow Deposit in a federally insured escrow account. (d) Treatment of Deposits. The Initial City Deposit and the Additional Deposits, together with all interest earned on them, are collectively referred to in this Agreement as the "Deposit", as applicable, and the Deposit shall be fully applied to the Purchase Price at Closing. Upon payment, the City Deposits shall be non-refundable to Buyer except in the event of a Seller default tinder this Agreement or under the circumstances expressly set forth in Section 5(a). (e) Payment of Purchase Price. At the time of Closing, the Buyer will pay to Seller by wire transfer of funds the balance of the Purchase Price as adjusted for prorations and adjustments as set forth in this Agreement. 3. Title Insurance; Survey. (a) Title Commitment. Within fifteen (15) calendar days from the Effective Date, Buyer shall, at its sole cost, obtain an ALTA title insurance commitment with respect to Property ("Title Commitment") (accompanied by electronic copies of all docurnents affecting the Property and which are set forth as exceptions therein), issued by any major national title insurance underwriter selected by Buyer (the "Title Company"). The ALTA Owner's Policy of Title Insurance to be issued pursuant to the Title Commitment shall be referred to tinder this Agreement as the"Title Policy" (b) Title Objections. Buyer shall have fifteen (15) calendar days from the later to be received of both the Title Commitment and the Survey (as defined in Section 3(c)) to give Seller written notice ("Objection Letter") of those matters shown in the Title Commitment or the Survey to which Buyer objects ("Title Objections"). If the Buyer fails to provide the Objection Letter to Seller within such time period, then, for all purposes of this Agreement, the Buyer shall WPSDOCS 10386778 6 [90391354.2 306-99054411 2 Page 1170 of 1269 be deemed to have accepted title in the condition described in the Title Commitment. Except for Monetary Liens(which Seller shall be required to satisfy or otherwise cure whether or not timely objected to by Buyer), any title exceptions which are not objected to within such time period shall be deemed to be acceptable to Buyer and permitted exceptions ("Permitted Exceptions"). (c) Kure Period. By no later than. ten (10) business days after receipt of the Title Notice (the "Cure Period"), Seller may, at Seller's sole discretion, attempt to eliminate or modify all unacceptable matters to the satisfaction of Buyer, but Seller shall have no obligation to do so, except that Seller shall be obligated to pay, discharge or bond off any monetary lien or monetary encumbrance affecting all or any portion of the Property ("Monetary Liens") prior to the Closing, provided such lien or encumbrance is not created by Buyer. Monetary Liens shall specifically exclude taxes and/or assessments levied by any private or governmental agency and attributable to a period of time on or after the Closing Date. If any Title Objections are not cured (as determined by Buyer) within the Cure Period (other than Monetary Liens which. Seller shall release or satisfy prior to Closing), Buyer may elect to (i) terminate this Agreement and the Escrow Deposit shall be returned by Escrow Agent to Buyer, and all parties hereto shall be released from any and all obligations and liabilities hereunder or (ii) waive any Title Objections, by written notice to the Seller, in which event such Title Objections (other than Monetary Liens) shall be deemed Permitted Exceptions and the Closing shall take place pursuant to this Agreement without any abatement in the Purchase Price. If Buyer fails to notify Seller of either election under the preceding sentence within ten (10) business days subsequent to the end of the Cure Period, then Buyer shall be deemed to have waived any such Title Objections (other than Monetary Liens). Notwithstanding anything contained in this Agreement to the contrary, at or prior to Closing, Seller shall deliver such documentation or take other action necessary for the Title Company to delete the "standard exceptions" under Schedule B-11 of the Title Commitment relating to the "gap", survey matters (subject to Buyer's delivery of a current Survey and any specific matters disclosed therein identified by the Tide Company), unrecorded easements, parties in possession, and construction liens. (d) Updated Title Commitment. In the event that any matter shall be recorded against the Property between the date of the Title Commitment and the Closing Date, which is not contained in the Title Commitment ("New Matter"), then each such New Matter shall be deemed to be objectionable to Buyer and shall be removed by Seller promptly upon Buyer's. request, but in all events, prior to the Closing Date. Prior to the Closing Date, 'Seller shall obtain and deliver to Buyer an updated Title Commitment with an effective date no earlier than fifteen (15) days prior to the Closing Date. (e) ,Survey. Within fifteen (15) calendar days from the Effective Date, 'Seller shall provide to Buyer (and its counsel) a prior survey with respect to the Property, if one exists, ("Existing Survey"), provided Seller has a survey in its possession. By no later than sixty (60) calendar days after the Effective Date, Buyer, at its sole cost and expense, shall obtain an accurate survey of the Property, showing all recorded easements on the Property, certified to the Title Company, Escrow Agent, and Buyer, prepared by a registered surveyor in the State of Florida in accordance with the minimum technical standards imposed under Florida Administrative Code Chapter 5J-17.050-.052 or ALTA/ACSM(the "Survey"). Buyer may give notice in its Objection Letter of any defects or matters unacceptable to Buyer, which shall be treated as a Title Objection as provided in Section 3(b) above. Any matters reflected on the WPBD4C5 10386778 6 100391154.2306-99054411 3 Page 1171 of 1269 Survey to which Buyer does not expressly object in Buyer's Objection Letter shall be deemed Permitted Exceptions. 4. Investigation Period. (a) Property Documents. Within fifteen(15) calendar days after the Effective Date, Seller shall provide Buyer with any and all relevant information relating to the Property which is in Seller's possession, custody or control, including but not limited to all surveys, topographical maps, soil borings reports, traffic studies, agreements, environmental reports, appraisals, site planning concepts, permits, leases, contracts, project approvals, property tax bills, regulations and or other governmental or quasi-governmental matters affecting the Property (the "Property Documents"). In addition, Seller shall deliver to Buyer any additional information with respect to the Property within ten (10) calendar days of the Seller's receipt thereof, which upon delivery shall constitute Property Documents. (b) Inspections. Buyer shall have a period commencing on the Effective Date and expiring ninety (90) calendar days thereafter (the "Investigation. Period"), to inspect the Property in order to determine whether the Property is acceptable to Buyer for Buyer's Intended Use, in its sole and absolute discretion. During the term of this Agreement, Buyer and Buyer's contractors, consultants, employees, and other representatives shall have the right to conduct, at their own expense, inspections of the Property in order to determine if the Property is acceptable to Buyer in its sole discretion. Seller hereby grants to Buyer and its agents, servants, employees, contractors and representatives, a right of entry upon every portion of the Property, and a right to examine all records, documents, data or information of any kind or nature relating to or concerning the Property in the possession or under the control of Seller or other matters pertaining to the Property(and Seller hereby agrees to make any and all records, documents, data or information of any kind or nature relating to or concerning the Property in the possession or under the control of Seller available to Buyer) from time to time at all reasonable times for the purpose of inspecting the Property. Such inspections may include, but shall not be limited to, surveying, environmental studies, soil borings, wetlands assessments, and utilities and site planning studies, zoning and land use analysis, the analysis of the anticipated construction costs for development of the Property, and any other matters deemed appropriate by Buyer in its sole discretion. Buyer may also contact all applicable agencies and governmental authorities having jurisdiction over the Property to discuss and evaluate Buyer's Intended Use of the Property. Seller confirms and acknowledges that such inspections and testing will be a necessary part of the due diligence to be performed by the Buyer. During the Investigation Period, the Buyer will prepare and submit to Seller's staff a more detailed site plan for the Buyer's Intended Use; however, Seller shall have no right to approve, or otherwise require modifications to, the site plan. (c) Indemnification. The Buyer hereby indemnifies and holds the Seller harmless from any loss, cost or expense, including, but not limited to reasonable attorney's fees and out- of-pocket costs actually incurred by the Seller, as a result of the negligence or misconduct of any of Buyer's agents who enter the Property prior to Closing. The indemnification provided herein shall survive any termination or dosing under this Agreement. Buyer small have no indemnification obligation or other liability for, or in connection with any claims arising from pre-existing conditions on or under the Property, or those arising from the presence, discovery, WPBBOCS 10386778 6 (0039][54.23W9905441) 4 Page 1172 of 1269 or disturbance of "Hazardous Substances" as such term is defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.19601 et sect. and the regulations promulgated thereunder(as amended from time to time) and shall include oil and oil waste as those terms are defined in the Clean 'Water Act, 33 U.S.C. '1251 et serf. and the regulations promulgated thereunder (as amended from time to time), the Resource, Conservation and Recovery Act, 42 U.S.C. '6901 et seq., and the Florida Resource Recovery and Management Act, Florida Statutes `403.70-403.73, each as amended from time to time, and also shall include any other elements or compounds contained in the list of hazardous substances adopted by the United States Environmental Protection Agency(the"EPA"), or any other substance or material defined or designated as a hazardous or toxic waste material or substance or other similar term by an federal, state environmental statue, regulation or ordinance presently in effect, as such statute, regulation or ordinance may be amended from time to time or any petroleum or petroleum derivative products. (d) Acceptance Notice. Notwithstanding anything to the contrary contained in this Agreement, in the event that Buyer, in its sole and absolute discretion, is satisfied with the results of its inspections, Buyer may elect to proceed with the transaction described herein by providing written notice to Seller no later than the expiration of the Investigation Period ("Acceptance Notice"). If(i) Buyer does not provide Seller with the Acceptance Notice before the expiration of the Investigation Period or(ii) if Buyer provides written notice to Seller prior to the expiration of the Investigation Period that Buyer disapproves of the feasibility of this transaction, then, in either case, this Agreement shall be deemed terminated and shall be null and void without recourse to either party hereto, except for those obligations which expressly survive the termination of this Agreement. In the event Buyer timely sends the Acceptance Notice on or before the expiration of the Investigation Period, then Buyer shall be deemed to have elected to proceed with this Agreement and to be satisfied with its inspections. (e) flight to Extend Investigation Period. Buyer shall have the right (provided Buyer is not in default hereunder) to extend the Investigation Period for one thirty(30) calendar day extension period ("Inspection Extension Period") by providing Seller with written notice of such election by no later than three (3) calendar days prior to the expiration of the Investigation Period. Buyer shall pay directly to Seller, within three (3) business days prior to the end of the Investigation Period, a nonrefundable extension fee in the amount of Five Thousand Dollars ($5,000.00) ("Extension Fee"), which shall be applied to the Purchase Price due at the Closing. 5. Approvals Period. (a) Approvals. During the Approvals Period as defined herein, the Buyer will, in good faith, seek to obtain the following approvals for the purpose of enabling Buyer to develop the Property for Buyer's Intended Use (the following items being hereafter collectively defined as the "Approvals"). The "Approvals Period" shall mean the period from the date the Investigation Period expires until that date which is three hundred sixty-five (365) calendar days thereafter, provided that Buyer shall have the right, upon giving notice to Seller no later than fifteen (15) days prior to the originally scheduled expiration date of the Approvals Period, to extend the Approvals Period for an additional thirty (30) calendar days, so long as Buyer is still seeking, and continues to seek, in good faith, to obtain the Approvals as set forth below. WPBDOCS 10386778 6 (00391154,2306-9905441) 5 Page 1173 of 1269 (i) Buyer shall have obtained in a final and non-appealable form, a DRO site plan approval for the Property from Palm Beach County and all other required governmental authorities whose approval, consent or permitting is necessary for the development of the Property for Buyer's Intended Use("DRO Site Plan Approval"). (ii) Buyer shall have obtained from South Florida 'Water Management District ("SP'WMD") an environmental resource permit, in a final and non-appealable form, for the development of the Property for Buyer's Intended Use("ERP.Approval"). (iii) Buyer shall have obtained an Environmental Resource Management Lake Excavation Permit from Florida DEP, in a final and non-appealable form, for the development of the Property for Buyer's Intended Use(the"ERM Permit"). (iv) The Future Land Use Plan designation for the Property shall be final and non-appealable, if the designation has been changed, and shall allow the Property to be developed for Buyer's Intended Use. (v) Buyer shall have obtained from the Labe Worth Drainage District, in a final and non-appealable form, a drainage permit for the development of the Property for Buyer's Intended Use ("LWDD Permit"). (vi) All deed restrictions and reversionary rights affecting the Property shall have been terminated or released by all necessary parties, in a final and non-appealable form recorded in the Public Records of Palm Beach County, Florida, sufficient to allow for Buyer's Intended Use and issuance of the Title Policy without exception for such matters. (vii) Buyer shall have obtained from Palm Beach County the Technical Compliance of the preliminary plat and construction plans for Buyer's Intended Use, in a final and non-appealable form ("Technical Compliance"). (viii) Buyer shall have obtained approval from all necessary governmental authorities or other parties for the vacation and abandonment of the right of way(s) currently affecting the Land, in a final and non-appealable form sufficient to allow for Buyer's Intended Use and the issuance of the Title Policy without exception for such right of way(s). (ix) Buyer shall have obtained such permanent easements for utilities over neighboring properties as may be necessary for the development of the Property far Buyer's Intended Use. (x) Buyer and Seller shall enter into a Service Utility Agreement. If Buyer does not receive written evidence that all of the Approvals have been obtained by the expiration of the Approvals Period, then Buyer may terminate this Agreement by delivering written notice to the Seller, whereupon the Escrow Deposit shall be immediately returned by Escrow Agent to Buyer and the parties shall be relieved of any further liability or obligation hereunder; provided, that, if the DRO Site Plan Approval has not been obtained by the expiration of the Approvals Period, then the City Deposits shall also be immediately returned by i WPBDOCs 10386778 6 (00391154.2 346-9905449) 6 Page 1174 of 1269 Seller to Buyer. Buyer's notice of termination shall be effective upon delivery and shall be delivered prior to the end of the Approvals Period. (b) Duty to Cooperate. Seller shall cooperate with Buyer with respect to Buyer's pursuit of the Approvals and shall execute such applications, requests for approvals, and documents as Buyer reasonably requests or as may be necessary in connection with the Approvals, including, without limitation, written consents to any applications for the Approvals or documentation designating Buyer as Seller's agent with respect to any Approvals; provided, that, Buyer shall be solely and absolutely responsible for all costs and expenses incurred by or on behalf of Buyer and arising out of or related. to Buyer's pursuit of and compliance with the Approvals for the Property. b. Closing Date. The closing (the "Closing") shall be held at the offices of Escrow Agent, by"mail away" closing or such other location as may be mutually agreed to by the parties upon the earlier to occur of thirty (30) days after (i)the expiration of the Approvals Period (as defined below) as the same may be extended, or (ii) Buyer has obtained all Approvals (as defined above) (the"Closing Date"). 7. Seller's Closing Documents. At or prior to Closing, 'Seller shall deliver the following items to the Escrow Agent; (a) Special. Warranty Deed. A Special Warranty Deed in the form attached hereto as Exhibit "BSD (the `.`Deed"), subject only to the Permitted Exceptions and with the legal description provided in the"Title Commitment as verified by the Survey. (b) Affidavit. A "gap", no-lien and exclusive possession affidavit sufficient for the title company to delete any exceptions for parties in possession, mechanic's or materialmen's liens and"gap"from the Title Policy. (c) FIRPTA Affidavit. In order to comply with the requirements of the Foreign Investment Real Property Tax Act of 1980 ("FIRPTA"), Seller will deliver to Buyer at Closing an affidavit under penalty of perjury stating the Seller is not a "foreign person," as defined in Section 1445 of the Internal. Revenue Code of 19861 and the U.S. Treasury Regulations thereunder, setting forth Seller's taxpayer identification number, and that Seller intends to file a United States income tax return with respect to the transfer. Seller represents and warrants to Buyer that it has not made nor does Seller have any knowledge of any transfer of the Property or any part thereof that is subject to any provisions of FIRPTA that has not been fully complied with by either transferor or transferee. As required by law, if Seller fails to comply with the requirement of this paragraph, Buyer shall withhold 15% of the Purchase Price in lieu of payment thereof to Seller and pay it over instead to the Internal Revenue Service in such form and manner as may be required by law. (d) Seller Authorization. Evidence of Seller's authorization to consummate this transaction, as required by the Title Company. WPr3DOCs 10386778 6 (00391154.2306-990.5441..) 7 Page 1175 of 1269 (e) General Assignment. An assignment of any and all rights, licenses, development rights, contracts and plans of Seller which pertain to the Property. Such assignment shall be in the same farm attached hereto as Exhibit"C" and made a part hereof, (f) Marlccd Up Commitment. Seller° shall cause the Title Company to issue a "marked up" Title Commitment insuring fee simple marketable title to the property, in the insured amount of the Purchase Price, in accordance with the "Title Commitment, and subject only to the Permitted Exceptions. (g) Additional Documents. Such additional documents as are customarily required of seller's in transactions of this type in Palm Beach County, Florida or as may be reasonably necessary to consummate the purchase and sale of the Property, together with any other documents, instruments, or agreements call for under this Agreement that have not been delivered previously, including, without limitation, Seller's counterpart to the approved closing statement referenced under Section 8. 8. Buyer's Deliveries. At the Closing, and atter the Seller has complied with all of the terms and conditions of this Agreement and simultaneously with Seller's delivery of the documents required in Section 7, the Buyer shall pay to the Seller by wire transfer of funds or local cashier's check, the Purchase Price, adjusted for the credits, prorations, adjustments and other payments provided for in this Agreement. Buyer shall prepare a closing statement which must be approved by both Buyer and Seller. 9. Closing Costs,Prorations,and Impact Fees. (a) Closing Costs. Buyer shall pay for the following items prior to or at the time of Closing: (a) Costs associated to appraisals, survey, environmental reports (phase I and phase Ilya (b) recording fees of the Deed, Mortgage, if any, and any other instrument as required to be recorded in the Public Records; (c) documentary Stamps on the Deed as provided under Chapter 201, Florida Statutes; (d) all costs and expenses related to obtaining and updating the Title Commitment;and(e)the premium for the Title Policy. (b) Prorations. All real estate taxes and assessments for the Property attributable to the year in which the Closing occurs shall be prorated and adjusted as of the Closing Date as an adjustment at the Closing (regardless of whether such taxes and special assessments are then due and payable or delinquent, and taking into consideration the maximum allowable discount). If the tax statements for the year during which the Closing Date occurs are not finally determined, then the assessed value for the year of closing and the millage rate for the immediately prior fiscal year will be used for the purposes of prorating taxes on the Closing Date, with a fiu-kher adjustment to be made after the Closing Date with a reasonable period oftirne following such tax figures being finalized. All special assessments which may be amortized over a number of years will be prorated as of the Closing Date, with Seller responsible only for the period ending on the day prior to the Closing Date. Stich other items that are customarily prorated in transactions of this nature shall be ratably prorated as of the Closing Date. The provisions of this Section shall survive the Closing and delivery of the Deed. WPBDOCs 10386778 6 (09391154,2 30&99054411 8 Page 1176 of 1269 (c) Impact Fees. Seller shall not be responsible foi•any impact fees owing following the Closing Date in connection with Buyer's ownership or development of the Property. 10. Seller's Warranties. Seller hereby represents and warrants to Buyer, as of the Effective Date and again as of the Closing Date, as follows: (a) There are no condemnation or eminent domain proceedings pending or, to the best of Seller's knowledge, contemplated against the Property or any part thereof, and the Seller has received no notice of the desire of any public authority to take or use the Property or any part thereof. (b) There are no legal actions, suits, or other legal or administrative proceedings pending or, to the best of Seller's knowledge, threated against Seller or any part of the Property, which do or could (i) affect title to the Property or any part thereof, (ii) prohibit or make unlawful the consummation of the transaction contemplated by this Agreement, or render Seller unable to consummate the same; or (iii) would have a material adverse effect on the Property, Buyer's ability to develop the Property for Buyer's Intended Use, or Buyer's ability to sell any residential units once constructed. (c) The Seller has full power and authority, and all necessary governmental actions on behalf of Seller have been taken, to execute and deliver this Agreement and all documents now or hereafter to be delivered by it pursuant to this Agreement, to perform all obligations arising cinder this Agreement, and to complete the transfer of the Property contemplated by this Agreement. This Agreement has been duly executed and delivered by the Seller and constitutes a valid, binding and enforceable obligation of the Seller, subject to bankruptcy and other debtor relief laws and principals of equity. (d) Seller is not, and will not be, a person or entity with whom Buyer is restricted from doing business with under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and. Obstruct Terrorism Act of 2001, H.R. 3162, Public Law 107-56 (commonly known as the "USA Patriot Act") and Executive Order-Number 13224 on Terrorisrn. Financing, effective September 24, 2001 and regulations promulgated pursuant thereto (collectively, "Ami-Terrorism Laws"), including without limitation persons and entities named on the Office of Foreign Asset Control. Specially Designated Nationals and Blocked Persons List. (e) Seller has no notice or actual knowledge of.. (i) any pending improvement liens to be made by any governmental authority with respect to the Property, (ii) any violations of zoning ordinances or other governmental regulations with respect to the Property; (iii) any pending or threatened condemnation proceedings with respect to the Property; or (iv) any suit, action, claim or other proceeding which relates to or affects the Property (f) No person or entity has any agreement, commitment, option, right of first refusal, right of first offer, or any other right, option or agreement, whether oral or written, with respect to the purchase of the Property or any portions thereof or any interest therein, other than Buyer, pursuant to this Agreement. Prior to Closing, no portion of the Property or any interest therein shall be alienated, encumbered, conveyed or otherwise transferred by Seller, nor shall Seller WPDDOCS 10386778 G 10039154230&9905441> 9 Page 1177 of 1269 enter into any agreement, commitment, option, right of first refusal, or any other right, option or agreement with respect to the purchase of all or any portion of the Property. (g) Seller has not entered into any leases, options or other occupancy agreements, either written or oral, affecting the Property and Seller has exclusive possession of the Property. (h) There are no agreements or contracts entered into by Seller affecting the Property that will be binding on Buyer after Closing. (i) Seller has not made any written or verbal commitments to any governmental authority, utility company, religious body, homeowners' association, or other organization, group or individual, relating to the Property that would impose an obligation upon Buyer to make any contribution or dedications of money or Property or to construct, install or maintain any improvements of a public or private nature on or off the Property, except as may be disclosed in this Agreement. (�) To Seller's knowledge, there are no leases or other possessory rights, oral or written, affecting the Property or any part thereof, and there are no adverse or other parties in possession of the Property, or any part thereof. Between the Effective Date and the Closing Date, Seller will not enter into any leases or other possessory rights, affecting or with respect to the Property, without the prior written consent of Buyer. (k) Seller is not a"foreign person" within the meaning of the United States tax laws, to which reference is made in Internal Revenue Code Paragraph 1445(b)(2). At the Closing, Seller shall deliver to Buyer an affidavit to such effect,which shall also state its tax identification number. (1) Seller has no actual knowledge that any of the Property Documents are inaccurate or incomplete in any material way. (m) Seller has not generated, recycled, reused, sold, stored, handled, transported or disposed of any hazardous Substance on the Property. Seller has not received nor is Seller aware of any written notice fi°orn any governmental agency stating that the Property does not comply with any applicable local, state, federal environmental law, regulation, ordinance or administrative or judicial order relating to the generation, recycling, reuse, sale, storage, handling,transport and/or disposal of any hazardous Substance. Seller makes and shall make no warranty regarding the title to the Property, except as expressly provided in this Agreement and except as to any warranties which will be contained in the instruments to be delivered by Seller at Closing in accordance with this Agreement. Further, Seller makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. Buyer speefically acknowledges and agrees that Seller shall sell and Buyer shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement or any of the instruments to be delivered by Seller at Closing in accordance with this Agreement, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, its agents, WPBDOC;S 10386778 6 100391154.2 301>--M54411 10 Page 1178 of 1269 officers, or employees, as to any matters concerning the Property including,without limitation, any matters relating to (1) the duality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability,,or adequacy of the Property for any particular use or purpose, (7)the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without Limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Substances or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the fi•eedom of the Property fi°om latent or apparent vices or defects, (11)peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement,or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. Each of the foregoing representations and warranties is true and correct as of the Effective Date, and will be true and correct as of the Closing Date, and shall survive the Closing for a period of six(6)months. 11. Covenants of Seller. Seller hereby covenants with the Buyer that between the date of this Agreement and the Closing: (a) Seller will not, without the Buyer's prior written consent, create by its consent any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, mortgages or other encumbrances, encroachments, rights- of-way, leases, easements, covenants, conditions or restrictions. Furthermore, Seller shall not market the Property or enter into any contracts, letters of intent, agreements, commitments, options, rights of first refusal, rights of first offer, or any other rights, options or agreements to sell the Property or any portion thereof. (b) Seller will not file any application for any change of the present zoning classification of the Property unless such change is requested by the Buyer in writing or called for by this Agreement to allow the Property to be developed with the Project. Seller will cooperate fully with the Buyer by executing consents, applications and other such documents reasonably requested by the Buyer in connection with its efforts in developing the Property to a condition such that building may commence. (c) Upon Seller's receipt of actual knowledge thereof, Seller shall promptly notify Buyer of any material change in any condition with respect to the Property or of any event or circumstance which makes any representation or warranty of Seller under this Agreement materially untrue or of any covenant of Seller under this Agreement which Seller will be incapable of performing. (d) Seller shall not enter into any Contracts or other agreement affecting the Property or any portion thereof or the use thereof which will be binding on Buyer or the Property after WPBDOCS 10386778 6 10391154,2 306-9905441) 11 Page 1179 of 1269 Closing, without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. (e) In the event that Seller receives or is served, prior to Closing, with any notices from any governmental or quasi-governmental body or agency or from any person or entity with respect thereto, Seller will promptly comply with them at Seller's expense.. (f) Seller shall comply with all Laws, rales, regulations, and ordinances of all governmental authorities having jurisdiction over the Property. (g) Seller shall not enter into any lease, tenancy agreement or occupancy agreement or other agreement affecting the Property or any portion thereof or the use thereof which will be binding on Buyer or the Property after Closing, without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. (h) Seller shall maintain the Property in at least the same general condition as the Property is currently maintained by Seller and Seller shall maintain its current insurance coverages for the Property. (i) So long as Seller is not required to incur any cost or expense with regard thereto (except as is otherwise required pursuant to the terms of this Agreement, including, without limitation the requirements of Section 3 hereof), Seller shall cooperate with Buyer in performing its due diligence with respect to the Property and in seeping any and all consents, permits or approvals regarding the Property as Buyer may request, and Seller shall promptly join in all applications for building permits, certificates or other agreements, and permits for sewer, water, or other utility services, other instruments or other permits or approvals, the granting of or entry into which, by any governmental or quasi governmental authority having jurisdiction over the Property, is, in Buyer's reasonable opinion, necessary to permit the development, construction, use or occupancy of the Property for the Buyer's Intended Use without violating applicable law. 12. Buyer's Representations. Buyer hereby represents and warrants to Seller, as of the Effective Date and again as of the Closing Date, as follows: (a) Buyer has full power and authority to enter into this.Agreement and to assume and perform all of its obligations hereunder. (b) The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the Buyer do not and will not violate the corporate or organizational documents of Buyer and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the Buyer is a party. (c) No action by any federal, state, municipal or other governmental department, CRA, board, bureau or instrumentality is necessary to snake this Agreement a valid instrument binding upon Buyer in accordance with its terms and conditions, 6VP13DOCS 10386778 6 (00391154.2 306-990544€1 12 Page 1180 of 1269 All of the representations, warranties and covenants of Buyer contained in this Agreement shall be true and correct: in all material respects and not in default at the time of Closing,just as though they were made at such time. 13. Real Estate Commissions. Buyer and Seller represent and warrant to each other that each has not dealt with any broker, agent or similar person in connection with this transaction. Buyer and Seller do mutually agree to indemnify and hold harmless the other party from and against and any all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on appeal, which either Buyer or Seller shall ever suffer or incur because of any claim by any agent, broker or finder claiming by, through, or tinder the indemnifying party, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and purchase of the Property contemplated herein. The terms of this Section shall survive Closing or the earlier termination of this Agreement until the expiration of all statute of limitations periods applicable to any such claims. 14. )tisk of Loss and Condemnation. Seller shall bear risk of loss with respect to the Property until the Closing has occurred. In the event of the institution against the record owner of the Property of any proceedings, judicial, administrative or otherwise, relating to the taking, or to a proposed taking of any portion of the Property by eminent domain, condemnation or otherwise or if Seller shall receive any notice or knowledge that any agency or entity having the power of erninent domain is conternplating or is seeking the taking or condemnation of the Property, or any part thereof, or any interest therein (which in Buyer's sole opinion materially impairs Buyer's ability to use the Property for Buyer's Intended Use), prior to Closing, or in the event of the taking of any portion of the by eminent domain, condemnation or otherwise, prior to Closing, then the Seller shall notify the Buyer promptly and the Buyer shall have the option, in. its sole and absolute discretion of either (a) terminating this Agreement and obtaining a full refund of the Escrow Deposit and interest thereon; or(b) closing in accordance with the terms of this Agreement, but at Closing the Seller shall assign to the Buyer all of its right,title and interest in and to any net awards that have been or may be made with respect to such eminent domain proceeding or condemnation, or give Buyer a credit against the Purchase Price equal to the allocable portion of such award or settlement if it has previously been received by Seller. Such election must be made by the Buyer within thirty (30) days of the notice furnished by Seller. If Buyer fails to snake an election in writing, it shall be deemed to have elected alternative (a). 15. Default. (a) If Buyer fails to materially perforin or observe any of the covenants, restrictions, requirements and/or stipulations to be performed and/or observed by Buyer hereunder and such failure to perform or observe is not cured within thirty(30) days after written notice thereof from Seller to Buyer (or in the case of a default which cannot be caned in thirty (30) days, Buyer has failed to commence curing the default within such thirty (30) day period), then, as Seller's sole remedy, the Escrow Deposit shall be delivered by the Escrow Agent to the Seller (and Seller shall retain all City Deposits) as liquidated and agreed upon damages; provided,that, Buyer shall not be afforded any cure period if Buyer if fails to timely complete its purchase of the Property on the Closing Date. The parties agree and stipulate that as of the Effective Date, the exact amount of damages to Seller on account of Buyer's breach of this Agreement would be WBD005 10386778 6 100391154.2 306-4905141) 13 Page 1181 of 1269 extremely difficult to ascertain and that the Deposit constitutes a reasonable and fair approximation of such damages and is not a penalty. (b) If Seller fails to materially perforin or observe any of the covenants, restrictions, requirements and/or stipulations to be performed and/or observed by Seller hereunder, and such failure to perform or observe is not cured within thirty(30) days after written notice thereof from Buyer to Seller (except for Seller's failure to timely complete its sale of the Property on the Closing Date, for which no notice or cure period shall be afforded and shall immediately constitute a default), then Buyer's sole and exclusive remedy on account of Seller's default shall be to terminate this Agreement and thereupon (a) receive a return of the Escrow Deposit (together with all interest earned thereon) fi-orn the Escrow Agent and (b) receive a return of the City Deposits from Seller, as well as receive from Seller payment of Buyer Costs (as defined herein) not to exceed $100,000.00. "Buyer Costs" shall mean all actual out-of-pocket, third party costs incurred by Buyer with regard to this transaction, including, without limitation, its costs incurred in conducting its due diligence studies, exarninations, surveys, environmental, and other exams of the Property, consultant and engineering costs, attorneys' fees, and any and all other expenses incurred by Buyer in pursuing the Entitlements and other development approvals for the Property. Buyer's Costs shall be evidenced by statements submitted to Seller and Seller's attorney and such other reasonable information requested by Seller and Seller's attorney. Nothing contained herein shall limit any of Seller's indemnification obligations that are specifically provided to survive termination of this Agreement and/or Closing. 16. Escrow. Any Escrow Agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse the same subject to clearance thereof in accordance with terms and conditions of this Agreement but only with the joint instructions of Buyer and Seller. Failure of clearance of funds shall not excuse performance by the Buyer. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, the Escrow Agent may, in its sole discretion, continue to hold the monies which are the subject of this escrow until the paries mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Palm Beach County, Florida, and upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent shall fully terminate, except to the extent of accounting for any monies theretofore delivered out of escrow. In the event of any suit between Buyer and Seller wherein the Escrow Agent is made a party by virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, the Escrow Agent shall be entitled to recover a reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court cost in favor of the prevailing party. All parties agree that the Escrow Agent shall not be liable to any party or person whomsoever.for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or gross negligence on the part of the Escrow Agent. Seller acknowledges that Escrow Agent has been retained as counsel for the Buyer in this matter and other transactions and agrees that Escrow Agent may continue to represent Buyer in this matter and any and all present and future transactions. WPBD005 10386778 b 100391154.2 306-990"4Q 14 Page 1182 of 1269 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the transaction contemplated herein, and it supersedes all prior understandings or agreements between the parties. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal representatives, successors and permitted assigns.. 19. Waiver; Modification, The failure by the Buyer or Seller to insist upon or enforce any of their rights shall not constitute a waiver thereof, and nothing shall constitute a waiver of the Buyer's right to insist upon strict compliance with the terms of this Agreement. Either party may waive the benefit of any provision or condition for its benefit which is contained in this Agreement. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. No oral modification of this Agreement shall be binding upon the parties and any modification must be in writing and signed by the parties. 20. Governing Law; Venue. This Agreement shall be governed by and construed under the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be Palm Beach County, Florida. 21. Headings. The paragraph headings as set forth in this Agreement are for convenience or reference only and shall not be deemed to vary the content of this Agreement or limit the provisions or scope of any paragraph herein. 22. Enforceability. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 23. Notices. Any notice, request, demand, instruction or other communication to be given to either party, except where required by the terms of this Agreement to be delivered at the Closing, shall be in writing and shall be sent as follows: If to Buyer: Pulte Home Company, LLC Attn: Brent Baker,Division President 4400 PGA Blvd, Suite 700 Palm Beach Gardens,Florida 33410 I tiVPBDOCs 10386778 6 CC (00391154.2 306-9905441) 15 Page 1183 of 1269 E-mail: brent,baker@PulteGi,oup.com With a copy to: Steven R. Parson, Esq. Shutts &Bowen, LLP 525 Okeechobee Blvd., Suite 1100 West Paha Beach, FL 33401 E-mail: sparson ct shutts.corn If to Seller: City of Boynton Beach Attn:Lori LaVerriere, City Manager City of Boynton Beach 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 E-mail: LaVerricrcLbbfl.us With a copy to: Goren, Cherof, Doody&Ezrol,P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale,Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 Email: ddoody cr gorencherof corn Attn: Donald J.Doody, Esq. If to Escrow Agent: Goren, Cherof,Doody&Ezrol,P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale,Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 Email, ddoody gorencherofcorn Attn: Donald J. Doody,Esq. Any such notice shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered on the date such notice is received by the party to whom it is addressed or such party's agent or representative, (b) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery of such notice, or (c) sent by electronic mail ("Email"), in which case notice shall be deemed delivered upon confirmed transmission of such notice by Email. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until actually received by the recipient thereof. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. The attorney for a party has the authority to send and receive notices on behalf of such party. 24, Assignment. Neither party shall assign this Agreement without the prior written consent of the other party, which may be withheld in such party's reasonable discretion, except that Buyer may assign its rights under this Agreement with respect to the Property, without Seller's prior consent, to (a) an affiliated entity of Buyer in which Buyer directly or indirectly wPBDOCS 10386778 6 [00391154.2 306-994154411 16 i Page 1184 of 1269 has a majority ownership interest, or (b) a joint venture of Buyer with an unaffiliated development partner, provided, however, a copy of the assignment and assumption agreement shall be delivered to Seller prior to Closing Date, if applicable. 25, Attorneys' Fees. In the event that it becomes necessary for either party to bring suit to enforce the terms of this Agreement, then the prevailing party shall be entitled to recover all costs, including reasonable attorneys' fees, incurred in connection with such litigation (including mediation, arbitration, appellate proceedings, and in post judgment collection proceedings) against the non-prevailing party. The terms of this Section shall survive Closing or the earlier termination of this Agreement. 26. Radon Disclosure. Pursuant to statute, Seller hereby notifies Buyer as follows: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained fi-om your county public health unit. 27. Effective Date. The "Effective Date" of this Agreement shall be the date upon which the last party to sign this Agreement has executed this Agreement. Buyer and. Seller shall confirm to each other in writing the date of the Effective Date. Buyer recognizes that though it has negotiated this Agreement with Seller's representatives and has signed it, Seller cannot execute this Agreement until it has fully complied with the provisions of Section 2-56 of the Seller's City Code. If the City Commission of Seller approves this Agreement in accordance with Section 2-56 of the Seller's City Code, then the Effective Date shall be the date upon which Seller executes this Agreement. 28. Time of the Essence. Time is of the essence with respect to each provision of this Agreement. Provided however, if the date for performance is on a Saturday, Sunday or federal holiday, the date for performance shall be extended to the next business day. 29 . No Third Party Beneficiaries. This Agreement is an agreement between Seller and Buyer only and no third parties shall be entitled to assert any rights as third party beneficiaries hereunder. 30. Counterpart Execution. This Agreement may be executed in two or more counterparts, all of which together shall constitute but one and the same Agreement. To facilitate the execution and delivery hereof, the parties may exchange executed counterparts hereof, or of any amendment hereto, in Portable Document Format(PDF) exchanged via E-mail, which transmission shall be deemed delivery of an original executed counterpart by such party. j 31. Recordation. At the election of Buyer, and at Buyer's sole cost, this Agreement or any memorandum, summary, or other evidence hereof may be recorded in any public records prior to the consummation of the Closing. 32. Marketing the Property. Seller hereby agrees that as of the Effective Date and provided that this Agreement has not terminated, the Seller may not continue marketing the V PBDOCS 14386778 6 (00391154.2 306-990543[} 17 Page 1185 of 1269 Property or the membership interest of the Seller and may not enter into contracts for the sale of the Property or any contracts for the sale of the membership interest of the Seller. 33. Survival. Except as otherwise provided herein, the provisions of this Agreement shall not survive the Closing and shall be merged into the conveyance documents executed and delivered at Closing. 34. Further Assurances. The parties agree to cooperate in good faith to execute and deliver such documents and instruments as are necessary, and/or reasonably requested by the parties, in order to consummate the transactions contemplated by this Agreement. This Section expressly survives the Closing. 35. JURY TRIAL WAIVER. SELLER AND BUYER EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT WHICH EITHER OF THEM MAY HAVE TO ATRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING BASED UPON OR ARISING DIRECTLY, INDIRECTLY OR. OTHERWISE IN CONNECTION WITH, OUT OF, RELATED TO OR FROM THIS AGREEMENT INCLUDING, BY WAY OF EXAMPLE BUT NOT LIMITATION, ANY COURSE OF CONDUCT, COURSE OF DEALINGS, VERBAL OR WRITTEN STATEMENTS OR ACTS OR OMISSIONS OF EITHER PARTY WHICH IN ANY WAY RELATE TO THIS AGREEMENT. SELLER AND BUYER HAVE SPECIFICALLY DISCUSSED AND NEGOTIATED FOR THIS WAIVER AND UNDERSTAND THE LEGAL CONSEQUENCES OF IT. 36. Approval by Buyer's Asset Management Committee. The terms and provisions of this Agreement are subject to the review and approval of Buyer's Asset Management Committee (the ".AMC"). Buyer will request that the approval by the AMC of the terms and provisions of this Agreement be provided within the Investigation Period, but nothing herein shall be construed as a requirement of Buyer to obtain such approval frorn the AMC. In the event that the approval of the AMC is not obtained within the Investigation Period, then Buyer shall promptly notify Seller and Escrow Agent of such event within the Investigation Period, in which case this Agreement shall be terminated and both parties shall be released from all further obligations under this Agreement, except for indemnification and other provisions that survive termination. 37. No Moratoria. In addition to any other conditions to Closing contained in this Agreement, Buyer's obligation to close this transaction shall be conditioned on there being no sewer, water, building, or other moratoria in effect as of the Closing Date which would prevent or interfere with the development of the Property for Buyer's Intended Use and the occupancy of the any residential units by end-users. [Signatures on Next Page] wPBDOCS 10386778 6 pp 1003911A2 306-9905441) I(? Page 1186 of 1269 The parties have executed this Agreement as of the day and year last written below. BUYER: PULTE HOME COMPANY,LLC,a Michigan limited liability company By: _dW&arM6tW- Name: Title: V P— WD &=AUtSMION Date: .A06) 7- It ,2020 SELLER: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Name: Title: Date: 12020 WPBD005 10386778 6 (y (01391154.2 306.9905441} 1.9 '. I Page 1187 of 1269 ACKNOWLEDGEMENT OF ESCROW AGENT By signing Below, the undersigned agrees to act as Escrow Agent in accordance with the terms of this Agreement for the transaction contemplated by this,Agreement. ESCROW AGENT: GOREN,CHEROF,DOODY &EZROL,P.A., a Florida professional association By: Name: Title: P I i WPDDOCS 10386778 6 1003911543 306-99054411 2 Page 1188 of 1269 E11[MI "A" Legal Description of the Land (SUBJECT TO VERIFICATION BY SURVEY) PARCEL CONTROL NUMBERS: 00-43-45-19-00-000-3014; 00-43-45-19-03-006-0080; 00-43- 45-19-04-006-0260 and 00-43-45-19-040-008-0200 Lots 20-25 and 50-56, inclusive,Block 8 of West Boynton Plat 2-C,as recorded in Plat book 15, Page 14, of the Public Records of Palm Beach County,Florida. Together with: Lots 8 through 31, inclusive, Block 6, Lots 8-31, inclusive,Block 7,Lots 8-31, inclusive, Block 8, Lots 8-31, inclusive,Block 9,Lots 8-31, inclusive,Block 10, all of West Boynton Plat 2-B, as recorded in Plat Book 15,Page 13, of the Public Records of Palm Beach County,Florida. Together with.: Lots 26-49, inclusive,Block 6,Lots 26-49, inclusive,Block 7,Lots 26-49, inclusive,Block 8,Lots 26-49, inclusive,Block 9,all of West Boynton Plat 2-C, as recorded in Plat Book 15,Page 14,of the Public Records of Palm Beach County,Florida. Together with: A portion of Genevra Avenue,Harlowe Avenue, Ivanhoe Avenue,Kitely Avenue,Lothair Avenue and Marlow Avenue lying West of Nickels Blvd.and adjacent to Block 6, 7, 8, 9 and 10,of West Boynton Plat 2-13 recorded in Plat Book 15,Page 13, of the Public Records of Palm Beach County, Florida. 4 PBDOCS 1.4386778 6 (00391154.2306-9905441) 21 Page 1189 of 1269 EXHIBIT"B" Form of Special Warranty Deed This Instrument Prepared By: Parcel Control Nos.: 00-43-45-19-00-000-30'10;00-43-45-19-03-006-0080; 00-43-45-19-04-006-0260;and 00-43-45-19-040-008-0020 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made and entered into as of the day of , 242_, by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal. corporation, whose address is (hereinafter referred to as "Grantor"), and PULTE HOME COMPANY, LLC, a Michigan limited liability company, whose address is 4400 PGA Blvd, Suite 700, Palm. Beach Gardens, Florida 33410 (hereinafter referred to as "Grantee"). WITNESSETH: That Grantor, for and in consideration of the stem of Ten Dollars ($10.00) and other goad and valuable consideration, to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, its successors and assigns forever, all those certain parcels of land lying and being in the County of Palm Beach, State of Florida, as more particularly described in the Exhibit"A" attached hereto and by this reference made a part hereof(the"Property"). TOGE"T"HER WITH all the improvements, tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining and together with all rights and easements of record. SUBJECT TO taxes for the year 202 , and subsequent years, and applicable zoning ordinances and those matters set forth on Exhibit "B" attached hereto and by this reference made a park hereof; provided, however, that nothing herein shall be deemed to reimpose any of such matters. TO HAVE AND TO HOLD the same in fee simple forever. And the Grantor hereby covenants with Grantee that Grantor, at the time of delivery of this deed, is lawfully seized of the Property in fee simple,that Grantor has good right, full power, and lawful authority to grant, bargain, sell, and convey the same, and that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever, claiming by,through or under the Grantor, but against no others. wPBDOCS 303867786 108391154-2 3D&9905441) 22. Page 1190 of 1269 IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed in its name, as of the date first set forth above. Signed, sealed and delivered GRANTOR: in the presence of. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, By: Printed Name: , its Printed Name: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of L physical presence or El online notarization, this day of , 202 , by , as of CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, on behalf of said corporation. She/He is personally known to me or has produced as identification. Printed Name: NOTARY PUBLIC State of Florida at Large (Notarial Sear My Commission Expires: I i wPBDOCS 10386778 4 (00191154.2706_990544.1) 23 Page 1191 of 1269 EXHIBIT "C" Form of General Assignment THIS GENERAL ASSIGNMENT (the "Assignment") is made as of this _ day of , 202_, by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation ("Assignor"), in favor of FULTE HOME COMPANY, LLC, a Michigan limited liability company("Assignee"). WITNESSETH: WHEREAS, Assignor and Assignee are parties to that certain Agreement for Purchase and Sale dated as of (the "Agreement"), which provides, among other things, for the sale by Assignor to Assignee of that certain tract of Property located in Palin Beach County, Florida, as more particularly described on Exhibit "A" attached hereto and made part hereof(the "Property"); and WHEREAS, the Agreement requires Assignor to assign to Assignee all of Assignor's right, title and interest in all Intangible Rights, Development Rights, and Plans (as such terms are defined below) owned by Assignor. THEREFORE, in consideration of the foregoing and the agreements and covenants herein set forth, together with the sum of Ten Dollars ($10.00) and other good and valuable consideration this day paid and delivered by Assignee to Assignor, the receipt and sufficiency of all of which are hereby acknowledged by Assignor, Assignor does hereby ASSIGN, TRANSFER, CONVEY, SET OVER and DELIVER unto Assignee, to the extent assignable, all of Assignor's right, title and interest in and to the following (collectively, the "Assigned Properties"): (a) any and all building, zoning and other certificates, licenses, certificates of compliance, prepaid impact fees, impact fee credits or similar charges which sei-%,ice or pertain in any manner to the Property, utility prepayments or reservation fees, consents, building inspection approvals granted by any govei-nnaental entity running to the benefit of the Property, Assignor and/or Assignor's predecessors in interest and any covenants, conditions and restrictions, reciprocal casement agreements, access easement agreements and other common or planned development agreements or documents necessary in connection with the Property, and all other intangible right or property relating to the ownership or development of the Property (collectively, the "Intangible Rights"); and (b) all permits, governmental approvals, utility rights and utility capacity, traffic trips, and all other development rights and similar rights related to the Property, whether granted by governmental authorities or private persons, for the development of single-family residential units on the Property (collectively, the "Development Rights"); and (c) to the extent assignable, all plans, specifications, site plans, engineering plans, architectural drawings, architectural renderings and similar items prepared for Assignor related WPBDOCS 10385778 4 (0039,.".54.23476-9965441} 24 Page 1192 of 1269 to structures, parking facilities, streets, drainage or utility facilities or other improvements that are to be constructed on the Property(collectively, the "Plans"). TO HAVE AND TO HOLD all and singular the Assigned Properties unto Assignee, and Assignee's successors, and assigns forever, and Assignor does hereby warrant and shall forever defend all and singular the Assigned Properties unto Assignee, and Assignee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under Assignor. Assignor warrants to Assignee that it holds and has full right and authority to transfer the Assigned Properties to Assignee without the consent of any third party, and that Assignor has not previously assigned or pledged any of the Assigned Properties. Assignor hereby agrees to indemnify and hold harmless Assignee from and against any and all loss, liability, cost, claim, damage or expense incurred to enforce any rights and/or secure any remedies under this Assignment resulting by reason of the failure of Assignor to perform its obligations arising under the Assigned Properties prior to date hereof and/or Assignor's failure to perform its obligations under this Assignment. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Assignment may only be modified, altered, amended, or terminated by the written agreement of Assignor and Assignee. If any term, covenant or condition of this Assignment shall be held to be invalid, illegal or unenforceable in any respect, this Assignment shall be construed without such provision. This Assignment shall be governed by and construed under the laws of the state in which the Property is located without regard to principles of conflicts of law. [Signature Page Follows] wPBDOCS 10386778 4 (0034[]54.2306-9905441 25 Page 1193 of 1269 IN WITNESS WHEREOF, Assignee has executed this Agreement as of the date below- written. WITNESSES ASSIGNOR: CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation Printed Name: By; Naive: Printed Name: Title: Date: , 202 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 202 by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation. She/He is personally known to vie or produced as identification. Notary Public, State of Florida Name: My Commission Expires: i WPBDOCS 10386778 4 (003311542306-4945441)' 26 Page 1194 of 1269 10/1/2020 ARTICLE IV.PURCHASING AND CONSULTANTS`xx Pfl11t Boynton Beach, FL Code of Ordinances Purchasing , ; competitive bidding. (a) The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the city commission and shall conform to such regulations as the city commission may from time to time prescribe. (b) Personal property, commodities and services. Except as provided in section 2-56.1 all purchases or sales of personal property, commodities and services involving amounts in excess of twenty-five thousand dollars ($25,000.00), or construction involving amounts of seventy-five thousand ($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1)time, not less than ten (10) days prior to the date set for the reception of such bids, together with such other notice as the commission may direct. The city commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding. (c) Real property. Real property maybe sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. (d) The foregoing provision for sale of real property do not apply to real property located within the city's community redevelopment area if the property was acquired by the city for the purposes of community redevelopment or if the sale of the property will facilitate redevelopment consistent with the CRA plan; or if the sale of the property will facilitate restoration of a property which the City Commission deems to be historic, even in those cases where historic designation by the State of Florida, Palm Beach County, or pursuant to a federal historic designation program has not occurred or is pending. (Ord. No. 90-54, § 3, 11-20-90; Ord. No. 97-45, § 1, 9-2-97; Ord. No. 01-66, § 1, 1-2-02; Ord. No. 03-002, § 1, 2-18-03; Ord. No. 12-009, § 2, 5-15-12; Ord. No. 12-024, § 2, 12-18-12) library.amlegal.com/alpscripts/get-content.aspx Page 1195 yA 1269 ANDESQN CAPD APPRAISAL OF 15.02 ACRES OF VACANT RESIDENTIAL LAND LOCATED AT NICKELS BOULEVARD BOYNTON BEACH,FLORIDA 33432 FOR COLIN GROFF,ASSISTANT CITY MANAGER CITY OF BOYNTON BEACH BY ROBERT B.BANTING,MAI, SRA CERT GEN RZ4 AND BEAU M.ARNOLD CERT GEN RZ2937 WITH ANDERSON&CARR,INC. 521 SOUTH OLIVE AVENUE WEST PALM BEACH,FLORIDA 33401 DATE OF INSPECTION: OCTOBER 12,2020 DATE OF REPORT: OCTOBER 13,2020 DATE OF VALUE: OCTOBER 12,2020 FILE NO.: 2200538.000 CLIENT REFERENCE: PO#210266/NICKELS BOULEVARD - 15.02 ACRES VACANT LAND Aage of 1269 ANDEPSON CAPD APPRAISERS-REALMRS•CONSULTANTS-DEVELOPERS October 13, 2020 Mr. Colin Groff Assistant City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Dear Mr. Groff: Pursuant to your request,we have personally appraised the real property being 15.02 acres (654,397 square feet) of vacant residential land. The property has a Single Family Residential zoning designation with an underlying developable density of up to 5 dwelling units per acre. The subject property is located on the west side of Nickels Boulevard, roughly 330 feet north of Old Boynton Road within an unincorporated part of Palm Beach County that is generally considered to be Boynton Beach. We note that the subject property as it sits contains a total 13.37 acres (582,397 square feet) and is bisected (east to west) on the north half by six unimproved right-of-ways. These right-of ways measure 40 feet by 300 feet each totaling 12,000 square feet per right-of-way and 72,000 square feet (1.65 acres) overall. We have been instructed by the client to assume that these right-of-ways will be abandoned and to include the additional land area as part of the subject. (582,397 + 72,000 = 654,397 square feet or 15.02 acres) The property address is Nickels Boulevard, Boynton Beach, FL, 33432. The purpose of this appraisal is to estimate the market value of the fee simple estate of the subject property as of October 12, 2020. The intended use of the report is to assist the client and intended user in establishing a purchase or selling price. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. Hypothetical Condition This appraisal involves the use of a hypothetical condition. A hypothetical condition assumes something to be true that at the time of the appraisal date is known to be contrary. The use of a hypothetical condition in appraisal practice can have significant impacts on value conclusions and the use of the hypothetical condition herein may have affected assignment results. A hypothetical condition was used in the process of this appraisal as follows: A portion of the subject property identified as PCN 00-43-45-19-04-008-0200 and containing roughly 0.8149 acres is subject to a deed restriction filed in Palm Beach County OR Book 3739, Page 709. The restriction limits the use of the property to the City of Boynton Beach or it's successors for a public purpose, else the property reverts back to the seller. We have appraised the subject property assuming the deed restriction on this portion of the property has been removed and it can be sold for private use. •ESTABLISHED 1947 AiLIC7ERSC3N&CARR INC. 521 S OLIVE AVE.,4V,PALM BEACH,FL 3341 561.833.1661 ANDERS4NCA.RR.C4M _ g 1269 ANDERSON CARR Colin Groff Page 2 October 13, 2020 We have utilized the sales comparison approach to value, the most common method used for valuing properties such as the subject property. The global outbreak of a "novel coronavirus" known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what direct, or indirect, effect, if any, this event may have on the national economy, the local economy or the market in which the subject property is located. The stock market has already responded negatively and then mostly recovered. However, the real estate market is much slower to react and there is no measurable evidence available at this time to make an adjustment for this recent situation. The reader is cautioned that the conclusions presented in this appraisal report apply only as of the effective date(s)indicated. As a result of our analysis,we have developed an opinion that the market value of the fee simple estate (as defined in the report), subject to the definitions, certifications, and limiting conditions set forth in the attached report, as of October 12,2020 was: MARKET VALUE: $3,800,000 The following presents our analysis and conclusions in a narrative appraisal report. This letter must remain attached to the report,which contains 57 pages plus related exhibits,in order for the value opinion set forth to be considered valid. Your attention is directed to the General Limiting Conditions contained within this report. Respectfully submitted, ANDERSON& CARR, INC. Robert B.Banting, MAI,SRA Cert Gen RZ4 Beau M.Arnold Cert Gen RZ2937 RBBBMA:cmp PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 Page 1198 of 1269 ANDERSON CARR TABLE OF CONTENTS Page No. Summary of Important Facts and Conclusions......................................................................................................1 Certification..............................................................................................................................................................3 GeneralLimiting Conditions...................................................................................................................................4 Extraordinary Assumptions.....................................................................................................................................6 HypotheticalConditions..........................................................................................................................................6 Area/Location Maps.................................................................................................................................................7 AerialPhotographs...................................................................................................................................................8 Subject Property Photos (Taken October 12,2020)..............................................................................................9 Purposeand Date of Value ...................................................................................................................................13 PropertyAppraised................................................................................................................................................13 LegalDescription ...................................................................................................................................................13 Disclosureof Competency.....................................................................................................................................14 IntendedUse and User..........................................................................................................................................14 Client........................................................................................................................................................................14 Definitions...............................................................................................................................................................14 PropertyRights Appraised....................................................................................................................................15 TypicalBuyer Profile..............................................................................................................................................15 Scopeof Assignment..............................................................................................................................................15 Impacts on Commercial Real Estate From COVID-19......................................................................................17 PalmBeach County Summary...............................................................................................................................18 Conclusion...........................................................................................................................................................26 NeighborhoodDescription....................................................................................................................................27 PropertyData..........................................................................................................................................................29 Taxpayerof Record............................................................................................................................................29 Palm Beach County Property Control Number(s) ..........................................................................................29 Assessed Value and Taxes for 2020..................................................................................................................29 CensusTract........................................................................................................................................................30 FloodZone Designation....................................................................................................................................31 Zoningand Future Land Use............................................................................................................................32 Concurrency........................................................................................................................................................32 Utilities................................................................................................................................................................32 SubjectProperty Sales History..........................................................................................................................32 SiteAnalysis........................................................................................................................................................33 HighestAnd Best Use............................................................................................................................................35 ExposureAnd Marketing Time.............................................................................................................................36 SalesComparison Approach.................................................................................................................................37 Sales Summary and Discussion..........................................................................................................................53 Conclusion...........................................................................................................................................................57 Qualifications for Robert B. Banting, MAI, SRA, Cert Gen RZ4 Qualifications for Beau M.Arnold, Cert Gen RZ2937 Addendum: Ak PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 Page 1199 of 1269 ANDESQN CAPD SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: City of Boynton Beach c/o Colin Groff,Assistant City Manager Intended User: City of Boynton Beach Intended Use: Establishing a purchase or selling price Taxpayer of Record: City of Boynton Beach Property Rights Appraised: Fee simple estate Extraordinary Assumptions: None Hypothetical Conditions: Yes,please see page number 6 Unusual Market Externality: Covid-19 Pandemic Location: Site is located on the west side of Nickels Boulevard, roughly 330 feet north of Old Boynton Road within an unincorporated part of Palm Beach County that is generally considered to be Boynton Beach. Site/Land Area: The subject site contains 654,397 square feet or 15.02 acres. Zoning: RS - Single Family Residential District by Palm Beach County Land Use Plan: MR-5 - Medium Residential up to 5 DU/Acre by Palm Beach County Flood Zone&Map Reference: Zone X (unshaded), Community Panel Number 12099C0786F, effective date of October 5, 2017 Census Tract: 0060.12 Current Use: Vacant Highest and Best Use: Residential/Civic PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 1 Page 1200 of 1269 ANDESQN CAPD Exposure Time: 10 to 16 months Marketing Time: 10 to 16 months Estimated Property Values: Value via Cost Approach: N/A Value via Income Capitalization Approach: N/A Value via Sales Comparison Approach: $3,800,000 MARKET VALUE: $3,800,000 Date of Inspection: October 12, 2020 Date of Report: October 13, 2020 Date of Value: October 12, 2020 Appraisers: Robert B.Banting, MAI,SRA Cert Gen RZ4 Beau M.Arnold Cert Gen RZ2937 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 2 Page 1201 of 1269 ANDESQN CAPD CERTIFICATION I certify that,to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported general limiting conditions, and are my personal,impartial,and unbiased professional analyses,opinions,conclusions, and recommendations. I have performed no services, as an appraiser or in any other capacity,regarding the property that is the subject of this report under review within the three year period immediately preceding acceptance of this assignment. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. This appraisal assignment was not based on a requested minimum valuation, a specific valuation,or the approval of a loan. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute,which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Beau M. Arnold has made a personal street side exterior inspection of the property that is the subject of this report. Robert B. Banting, MAI, SRA has not made a site specific inspection of the property. Mr.Banting is familiar with the area and has seen this property in the past. As of the date of this report, Robert B. Banting, MAI, SRA has completed the continuing education program of the Appraisal Institute. No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. 1) W11 Robert B.Banting,MAI, SRA Beau M.Arnold Cert Gen RZ4 Cert Gen RZ2937 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 3 Page 1202 of 1269 ANDESQN CAPD GENERAL LIMITING CONDITIONS 1. Unless otherwise stated, the value appearing in this appraisal represents our opinion of the market value or the value defined as of the date specified. Values of real estate are affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. Possession of this report or any copy thereof does not carry with it the right of publication nor may it be used for other than its intended use. The physical report(s) remains the property of the appraiser for the use of the client. The fee being charged is for the analytical services only. The report may not be copied or used for any purpose by any person or corporation other than the client or the party to whom it is addressed, without the written consent of an officer of the appraisal firm of Anderson & Carr, Inc. and then only in its entirety. 3. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations efforts, news, sales or other media without written consent and approval of an officer of Anderson & Carr, Inc. nor may any reference be made in such public communication to the Appraisal Institute or the MAI, SRA or SRPA designations. 4. The appraiser may not divulge the material contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee, as specified in writing except as may be required by the Appraisal Institute, as they may request in confidence for ethics enforcement or by a court of law or body with the power of subpoena. 5. Liability of Anderson & Carr, Inc. and its employees is limited to the fee collected for the appraisal. There is no accountability or liability to any third party. 6. It is assumed that there are no hidden or unapparent conditions of the property, sub-soil, or structures which make it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these facts. 7. This appraisal is to be used only in its entirety. All conclusions and opinions concerning the analysis which are set forth in the report were prepared by the appraisers whose signatures appear on the appraisal report. No change of any item in the report shall be made by anyone other than the appraiser and the appraiser and firm shall have no responsibility if any such unauthorized change is made. 8. No responsibility is assumed for the legal description provided or other matters legal in character or nature, or matters of survey, nor of any architectural, structural, mechanical, or engineering in nature. No opinion is rendered as to the title which is presumed to be good and merchantable. The property is valued as if free and clear of any and all liens and encumbrances and under responsible ownership and competent property management unless otherwise stated in particular parts of the report. 9. No responsibility is assumed for accuracy of information furnished by or from others, the clients, their designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit when possible. All are considered appropriate for inclusion to the best of our knowledge and belief. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 4 Page 1203 of 1269 ANDESQN CAPD 10. The contract for appraisal, consultation or analytical service is fulfilled and the total fee payable upon completion of the report. The appraiser or those assisting the preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal in full or in part; nor engaged in post-appraisal consultation with client or third parties, except under separate and special arrangement and at an additional fee. 11. The sketches and maps in this report are included to assist the reader and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status as of the date of the photos. 12. Unless otherwise stated in this report, the appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser,however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field,if desired. 13. If applicable, the distribution of the total valuation of this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal, no matter how similar and are invalid if so used. 14. No environmental or impact studies, special market studies or analysis,highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. Anderson & Carr, Inc. reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or conclusions upon any previous or subsequent study or analysis becoming known to the appraiser. 15. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in this appraisal report. 16. The value estimated in this appraisal report is gross without consideration given to any encumbrance, lien, restriction, or question of title, unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 17. It is assumed that the property conforms to all applicable zoning, use regulations, and restrictions unless a non-conformity has been identified, described, and considered in this appraisal report. 18. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the opinion of value contained in this report is based. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 5 Page 1204 of 1269 ANDESQN CAPD 19. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 20. This appraisal report has been prepared for the exclusive benefit of the client and intended users, City of Boynton Beach. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. 21. The global outbreak of a novel coronavirus known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what direct, or indirect, effect, if any, this event may have on the national economy, the local economy or the market in which the subject property is located. The stock market has already responded negatively. However, the real estate market is much slower to react and there is no measurable evidence at this time to make an adjustment for this very recent situation. The reader is cautioned, and reminded that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of this event, or any event, subsequent to the effective date of the appraisal. 22. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS. EXTRAORDINARY ASSUMPTIONS No Extraordinary Assumptions were utilized in the preparation of this appraisal. HYPOTHETICAL CONDITIONS This appraisal involves the use of a hypothetical condition. A hypothetical condition assumes something to be true that at the time of the appraisal date is known to be contrary. The use of a hypothetical condition in appraisal practice can have significant impacts on value conclusions and the use of the hypothetical condition herein may have affected assignment results. A hypothetical condition was used in the process of this appraisal as follows: A portion of the subject property identified as PCN 00-43-45-19-04-008-0200 and containing roughly 0.8149 acres is subject to a deed restriction filed in Palm Beach County OR Book 3739, Page 709. The restriction limits the use of the property to the City of Boynton Beach or it's successors for a public purpose, else the property revert back to the seller. We have appraised the subject property assuming the deed restriction on this portion of the property has been removed and it can be sold for private use. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 6 Page 1205 of 1269 ANDESQN CAPD AREA/LOCATION MAPS CV Iw= k r� stp�fd4 C L.IMry au 11 BI SaP am�� met rnpgne ri��ed� .� 1m§exq+ Royale I beach ze R r drike, � F, �� saur peon (' a 1R VV a= e e n tl ,,; ` a ,1 k•t 3 tl F L O R I ❑A p A L M 9 e A d P s § a n f v 4G€aryFGtl92 Fce otn'fudeg9GIY /q &PY EjrebY��,. Loeehelanee Nal l WatllRe Deluge O if f$ '•, ,. ,'. , 7i A pp ld H5z«eam Ch S of I v R q 1 M P KfIra�itofl ....,. g p 3 !, i' J, bRrdsR were eoyoeoe ra.R J�flN 9$� 3 Both L S K ollwood P� bhn€v�' " _Iwm[cel I.. PSa � i m wEn€w fi � �.i zane� 'akl, �n s� tau aen e a, I � iii �I w4 , ram L Raft,-_ . a ni ddrt v c4_q Em ' �.larz�a8ay,0� ... ��) "� 'et Fvdg 'BMd �h44 0 eesleh F 4., I I YaFeia t3 - i I 't 1JE 19th A e ,1. {ena Rosa Ehcla - Le Pkiv 1 P", -Ed9 5 6 RP t Lakes m Palo ve.de w - use h tl z IT,` 'r vNi €.mimes cern # II . �s i w6 1241,,a Ill . ' C�arc'RantRA Nwlln Rd 1 _ 1 ' �`-'* ala & Nal 49th NS Evry e.Er Y' 1 �' a PI eevme,.Rd it a, Y 9 -Ch,; J eh ve e n, _ alar �Nva '!niIS U71—a--... -- — W 04,aver: w;-ae ow. �e s1 AM—fl. � ;peen�5e i f fat 5e1.a�' sE71 su,l teae caaa J r .a sw nr. ses 1 1;' m sh n m P d,a ael�E, �� aad s is ym P aeBl w n k6 6enee9ee 11 I Wea@ W wleoEe [ _- �.= YV ngne fttl cwl waolF fight-Pd � i 'Maln;Bbd Ee colr '1/ I z•SwRh Blvd �� 1 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 7 Page 1206 of 1269 ANDESQN CAPD AERIAL PHOTOGRAPHS s i �tJ;t a urs Subject Property u"� ` aa i�r4 I9� pperrr__gi�pp �3�. ip�+ e� 3 e 1 r � j ...NVB Y Wn @pach Blvd' i s ...,«,�Boyntarf !s ! 'Y` 7 �i.b..� B{aepa Fo st.f it"; � !•- 4 ! � �' {. ' i HarlaWe Ave- - k 4 _ < - a 9 s n Bel RIM D M1 g 6 unimproved right- KltelY.ave� �_,., of-ways to be abandoned "- Subject property consists of the 1 outlined d 4 _ - parcels out me m re f Q "''�ndnw A •. - Okeron bus �. Deed restricted portion of the subject property . m y k V+x� Pftl4dOr�AvE �{ - iY. r c � f a PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 8 Page 1207 of 1269 ANDESQN CAPD SUBJECT PROPERTY PHOTOS (TAKEN OCTOBER 12,2020) "AN: s � Looking north on Nickels Boulevard, subject is on the left h 1 � 4 r 3 t 5 \ ` it t t 7f� �u �}�.r w,��Eir'�� - X� .7€, �� '�ax ,�✓„r '.,� +»7�3:� � t1,tp,,�'s+, M"�"� r ` 1 Looking west on Quentin Avenue, subject is on the right and left PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 9 Page 1208 of 1269 ANDESQN CAPD x , t l Subject looking northwest from Nickels Boulevard near Quentin Avenue Looking west along the canal bisecting subject near the north south midpoint PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 10 Page 1209 of 1269 ANDESQN CAPD + 1 vlrSsF4S f�4sa£k1F�Isk+ lfr> -+ {7k k P Q a?�ja,f FF�� "— '°�s< ,✓��',. b�.,r( �` '$ a�;�v' 'a� {v1t{�,'vs -ufd3 'v , n � ,aF�F��r 5s -is t z .�,.• {' �x�.'�Iu�riv,� c1kj w az rt �,,,z<t�� +�,"s.rY ,yr r,SK `Yin:�'r_.i � ,.,'1 Subject looking southwest from Nickels Boulevard near the canal 7 `1j1y�� }15k tk S4 { '1i( s t � \c ��vis £ r� .r F+ tutu sstF7eFr,�tF S ;«5i F: � r } s i s i t vt -av F 9�S sr�k 4 +,a �t to Subject looking northwest from Nickels Boulevard near the canal PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 11 Page 1210 of 1269 ANDESQN CAPD t , LINK t t� �t s� Looking south on Nickels Boulevard from the north end, subject is on the right � 3a,1t f„ arta, f a ' t Subject looking southwest from Nickels Boulevard near the north end of the road PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 12 Page 1211 of 1269 ANDESQN CAPD PURPOSE AND DATE OF VALUE The purpose of this appraisal is to estimate the market value,fee simple estate, of the subject property as of October 12, 2020. PROPERTY APPRAISED The subject property consists of 15.02 acres (654,397 square feet) of vacant residential land. The property has a Single Family Residential zoning designation with an underlying developable density of up to 5 dwelling units per acre. The subject property is located on the west side of Nickels Boulevard, roughly 330 feet north of Old Boynton Road within an unincorporated part of Palm Beach County that is generally considered to be Boynton Beach. We note that the subject property as it sits contains a total 13.37 acres (582,397 square feet) and is bisected (east to west) on the north half by six unimproved right-of-ways. These right-of ways measure 40 feet by 300 feet each totaling 12,000 square feet per right-of-way and 72,000 square feet (1.65 acres) overall. We have been instructed by the client to assume that these right-of-ways will be abandoned and to include the additional land area as part of the subject. (582,397 + 72,000 = 654,397 square feet or 15.02 acres). The subject is zoned RS -Single Family Residential District by Palm Beach County. LEGAL DESCRIPTION The legal description for the subject property was taken from the County Property Appraiser's public access system. Lots 8 to 31 inclusive (including the right-of-ways adjacent thereto)in each of Blocks 6, 7, 8, 9 and 10, West Boynton Plat 2 B, Plat Book 15,Page 13, Palm Beach County, FL and Lots 26 to 49 inclusive in each of Blocks 6, 7, 8, and the abandoned right of ways of Noreen Avenue, Oberon Avenue and Pandora Avenue lying adjacent thereto, West Boynton Plat 2 C, Plat Book 15, Page 14, Palm Beach County, FL and Lots 20 to 25 inclusive and 50 to 56 inclusive, Block 8 and the abandoned right of way of Pandora Avenue lying adjacent thereto,West Boynton Plat 2 C, Plat Book 15,Page 14, Palm Beach County, FL PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 13 Page 1212 of 1269 ANDESQN CAPD DISCLOSURE OF COMPETENCY Per the Competency Rule contained within the Uniform Standards of Professional Appraisal Practice, the appraisers hereby affirm that they are competent to complete the appraisal assignment for which they have been engaged by the client. INTENDED USE AND USER The intended use of this report is to assist the client and intended user in establishing a purchase or selling price. The intended user of the report is City of Boynton Beach. This report has been prepared utilizing generally accepted appraisal guidelines, techniques, and methodologies as contained within the Uniform Standard of Professional Practice (USPAP), as promulgated by the Appraisal Foundation. CLIENT Mr. Colin Groff Assistant City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 DEFINITIONS Market Value The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and the Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010). PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 14 Page 1213 of 1269 ANDESQN CAPD Hypothetical Condition A condition, directly related to a specific assignment,which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical,legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis (USPAP, 2020-2021 ed.). A hypothetical condition was used in the process of this appraisal as follows: A portion of the subject property identified as PCN 00-43-45-19-04-008-0200 and containing roughly 0.8149 acres is subject to a deed restriction filed in Palm Beach County OR Book 3739, Page 709. The restriction limits the use of the property to the City of Boynton Beach or it's successors for a public purpose, else the property reverts back to the seller. We have appraised the subject property assuming the deed restriction on this portion of the property has been removed and it can be sold for private use. The use of a hypothetical condition in appraisal practice can have significant impacts on value conclusions and the use of the hypothetical condition herein may have affected assignment results. PROPERTY RIGHTS APPRAISED The property rights appraised are those of the fee simple estate. Fee simple estate is defined as absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain,police power, and escheat (The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015). TYPICAL BUYER PROFILE The typical purchaser of the subject would be either a residential developer who would develop the site for lease or resale or an owner/user/operator that would develop the site for some type of group home or civic use.The comparables utilized in the sales comparison approach to value reflect these trends. SCOPE OF ASSIGNMENT The traditional appraisal approaches include the cost approach, the sales comparison approach, and the income capitalization approach. We have considered all three approaches in this assignment, and determined the sales comparison approach to be applicable in this assignment. The cost and income capitalization approaches are not applicable in the valuation of land. In the process of gathering data for the sales comparison approach to value, we conducted a search of our appraisal files and public information sources such as the Palm Beach County Property Appraiser's public access system and the Palm Beach County Clerk's Office, as well as subscription based information services such as CoStar.com for comparable sales in the relevant market area. We searched for the most similar sales to the subject property. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 15 Page 1214 of 1269 ANDESQN CAPD The sales ultimately selected for further analysis were the best comparable sales we were able to find in this market. We obtained and verified additional information on the comparable properties with a party to the transaction, or a broker or agent of the parties when possible. Physical data pertaining to the subject property was obtained from a limited street side inspection of the premises and public information sources such as the Palm Beach County Property Appraiser's records. Other data pertaining to the subject property was obtained from the Palm Beach County Clerk's and Tax Collector's offices and local planning and zoning departments. The product of our research and analysis is formulated within this report for analysis of and direct comparison with the subject property being appraised. Additionally, we have used original research performed in preparation of other appraisals by this office, which is considered appropriate for the subject property. We make no warranty as to the authenticity and reliability of representations made by those with whom we verified sales, rental, and other information. We have taken due care in attempting to verify the data utilized in this analysis. We based our analysis and conclusions on overall patterns rather than on specific representations. Per USPAP Standard Rule 2-2 this analysis is an Appraisal Report presented in written format. The analysis and conclusions of this appraisal assignment are presented in a narrative appraisal report. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 16 Page 1215 of 1269 ANDESQN CAPD IMPACTS ON COMMERCIAL REAL ESTATE FROM COVID-19 The following news article indicates that sales volume has decreased;however,prices are still increasing but at a slower rate through April, 2020. "Commercial real estate price growth flattened in April as deals begun before the pandemic were completed and overall transaction volume slowed sharply, according to the latest monthly CoStar Commercial Repeat Sale Indices. The CCRSI equal-weighted U.S. Composite Index, which reflects the more numerous, but lower-priced property sales typical of secondary and smaller markets, increased just 0.1%. While significant impact from the coronavirus has yet to be reflected in pricing, the monthly gain was down from the monthly average gain of 1.5% in the period of January through March. The value-weighted U.S. Composite Index,which reflects larger asset sales common in major markets,rose 0.5%in April. The monthly gain was on a par with monthly gains in the first quarter of the year. CCRSI price indices ticked up modestly in April, boosted by the closing of some deals that were in negotiation prior to lockdown periods. However, liquidity indicators suggest near-term softening in pricing is likely," said Nancy Muscatello, managing consultant for CoStar. "The number of trades in April was down from prior month totals, and the average days on market for property sales, a closely watched liquidity indicator,rose for the first time since 2012. The slowdown was most evident in the lower-priced property sales segment, with deal volume down 10% compared with the same period in 2019. Deal volume in the larger asset sales segment volume was down 6.3%. The average time on the market for for-sale properties increased to 202 days in April, up from 197 days in January. This 2.4% increase over the four-month period is the first meaningful uptick in the average time on the market since 2012. The share of properties withdrawn from the market by discouraged sellers was at 26.5% in April, about steady from the withdrawal rate in March. CoStar's repeat sales index provides the market's first look at commercial real estate pricing trends through April. Based on 613 repeat sale pairs in April and more than 226,602 repeat sales since 1996, the CCRSI offer a broad measure of commercial real estate repeat sales activity. When a property is sold more than once, the price change from the pair of first and second sales are used to calculate price movement, and those sales pairs are used to create a price index." By Mark Heschmeyer CoStar News June 1,2020 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 17 Page 1216 of 1269 ANDESQN CAPD PALM BEACH COUNTY SUMMARY M A R T I St.Lucie Gana! - Hobe Sound t ]08' Ind antoSJq 6 L A D E S ms-m m mmmrm-m ar,d � t#edtd nmaa ms mmmm'mmm ' �.� wrt?k 2 V io, Y � �r; tltil P4lnEo x � . a i ' gFahokee _ I edC�r't F%i ri .( s 850 ,4 aPsrk v L _ raar l'1A]81111 Be h , H a`= L809 k1166 r RnP� oa �Be h •A ! J 7.,N I r c - - gy �27'. IlBella Glade *1 '—" Ittl�¢dtlfi I 1964h Eay 'rr Wellingtrl BSP Pam `� a o ( s Lai@Wo .. .. ., a - —F L R.'I'U A P A L M B, A G H _ r •r g eoz, 1 a i an H E N D R Y m- AAhu'r R.)M.,hall Lnxehatehee, nal $u�i ' :Mldlde Re(p9e r m 4� a a T h e Z E u eaaa ��P- �e§WIt s' �m m n ap„a,Ammrwm®n ama ,mss�$ saeeUl-,I'll, , i. i ,. .. - �Rlit P rklantl B& Cypress Ind—Regefaati n v869 �' aldl Btor4 5p ngs - . o r , _ } � � ,aaa� Po pannQes�plut�nisods 'r r Lv rglades Wddlde°Manag ellt.Area NoNlsrgate 'C 4 Cees' ` FI rd Stale' North L tlertlaleo r: C P L L E R.. Ncr� ukee ( y.E R Q 4' R 0pn#eat'hit ENO Cypress - Ir�dran amara gat onal P—pir.e,ar "Regie uatmn nrk IXskland$X�rk' AAJ Geography Palm Beach County is located along Florida's Southeast coast. It is bordered by Martin County to the north, Hendry and Glades Counties to the west, Broward County to the south and the Atlantic Ocean to the east. The northwestern portion of the county is made up of Lake Okeechobee, the largest freshwater lake in Florida. The county is located approximately 80 miles north of Miami and 260 miles south of Jacksonville. Palm Beach County encompasses approximately 2,203 square miles with roughly 1,974 square miles of land area, 229 square miles of water, and 47 miles of coastline. According to the U.S. Census Bureau's 2015 estimate, Palm Beach County has a population of 1,422,789; an increase of 7.8 percent from the 2010 census statistics of 1,320,134. The vast majority of the county's growth has been a result of in-migration from the northern states as well as from Miami-Dade and Broward Counties to the south. Palm Beach County ranks as the third most populous county in Florida behind Miami-Dade and Broward Counties. The county includes 38 incorporated municipalities; the largest of which is West Palm Beach, the county seat. Boca Raton, located at the south end of the county, is the second largest city and one of the highest income retail trade areas in the United States. Miami-Dade, Broward and Palm Beach Counties are known as the "Gold Coast". This area is approximately 110 miles from north to south,but only 20 miles wide at its widest points. This is the second longest urbanized area in the United States,just behind the New York Metropolitan area. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 18 Page 1217 of 1269 ANDESQN CAPD Transportation Vehicular Travel Interstate 95 is a major north/south thoroughfare that connects Palm Beach County to the southeastern and northeastern portions of the state, and then continues along the Eastern Seaboard to Maine. Florida's Turnpike also passes through the county and provides connections to Miami-Dade and Broward Counties to the south and Orlando to the north, connecting with I-75 around Leesburg, FL. Other north/south highways include AIA, U.S. Highway 1, Congress Avenue, Military Trail and U.S. 441. AIA connects the coastal communities along the eastern edge of the county while U.S. 441 connects the more western communities such as Wellington and Jupiter Farms. There are numerous local east/west roadways with Southern Boulevard and Blue Heron Boulevard providing access to the most western portions of the county including Belle Glade, as well as Florida's West Coast. Airport Palm Beach International Airport (PBI) is centrally located 2.5 miles from downtown West Palm Beach and adjacent to I-95 providing air service for communities throughout Palm Beach County. PBI opened in 1988 and has expanded over the past 30 years. There are currently fourteen major airlines operating with numerous domestic flights and international flights to the Bahamas and Canada. The airport's growth necessitated a direct access overpass interchange with I-95 which significantly improved ingress and egress for the airport. Palm Beach County is also home to four commercial executive airports. Rail Service and Transit There are two main rail corridors in Palm Beach County, the Florida East Coast railway and CSX railway, partially owned by the Florida Department of Transportation to run the Tri-Rail commuter trains.AmTrak is a passenger train than runs throughout the county connecting passengers to other parts of the country. Brightline, the express intercity high-speed rail system runs service between Miami and West Palm Beach with a single intermediate stop in Ft. Lauderdale. It began service in May 2018, with an extension from West Palm Beach to Orlando via Melbourne planned to open in late 2021. Palm Tran is Palm Beach County's public transportation provider for fixed route passenger bus service. It also operates Palm Tran CONNECTION and provides paratransit services for qualified users. Local municipalities and Tri-rail provide various trolley and shuttle services throughout Palm Beach County. Port of Palm Beach and Intracoastal Waterway The Port of Palm Beach is located in Riviera Beach, FL and is an independent taxing authority district with a five-member Board of Commissioners. It has an annual cargo tonnage of 5.1 and passenger traffic of 550,000. It is the fourth busiest container port of Florida's 14 deepwater ports and 18"in the United States. Unlike most ports in the US, the Port of Palm Beach is an export port,with approximately 80% of its cargo being exported. The majority of the cargo goes to support the island nations of the Caribbean, supplying 60% of everything consumed in the Bahamas. It is home to Bahamas Paradise Cruise Line offering two-day cruises to Grand Bahama Island. The Intracoastal Waterway represents one of Palm Beach County's most identifiable marine destinations. Roughly 43 miles of waterway serve as a regional connector between 23 of the county's municipalities. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 19 Page 1218 of 1269 ANDESQN CAPD Economy At 2,000 square miles, Palm Beach County is the largest in area for the State of Florida. The county had experienced favorable demographic and economic conditions over the past five years until March 2020 with the onset of COVID-19.Although job and demographic growth had outpaced the U.S. across the board for the past several years, this area has been dramatically affected by the recent pandemic that has caused economic conditions to change rapidly across the world. The county's current population of 1.5 million has grown by close to 15% over the past decade, more than double the rate of the remainder of the country. In early 2020, the county's labor market had grown by 15% over the past five years. The unemployment rate according to the U.S. Bureau of Labor Statistics in January 2020 was 3.6%, however, with the closing of retail stores, restaurants and hotels, unemployment has skyrocketed to 14.1%, a twelve month change up 11%. Palm Beach County has greatly benefited from Florida's lack of a state income tax. The region has always been popular with wealthy individuals from across the country and the world, but over the past five years has seen an even greater influx of wealthy individuals active in the financial services industry living in high tax states,bring significant parts of their wealth and business to the area. The tax dynamic, combined with a very strong business services infrastructure and a large talent pool,has created more jobs. Palm Beach County's 650,000 strong labor force is service driven, with over 80% of the labor force employed in private service provision. Trade and transportation is the largest sector with close to 20% of the county's jobs. Palm Beach County's agricultural output ranks the highest in the state nearly doubling that of Miami-Dade. It consists of over 1,400 farms with over $1 billion in sales of crops and a $10 billion economic impact. The largest employer in Palm Beach County is the Palm Beach County School Board, the tenth largest school district in the United States, with close to 23,000 employees and a $3.5 billion dollar budget for the 2019-2020 school year. Palm Beach County employment by industry is shown in the following table. The forecast is very uncertain due to the unknown effects of the COVID-19 pandemic. Economy mczm�� F'l4LM BEACH 119t11="LOYMENT BY INDUSTRY IN THOUSANDS DS Curt lLsweil 12 Month Oianga_ tayimuchavige s Y%aR fwmscaat NAICS induaby Jobs LQ Manibt LIS a,xAE"t us Market us Manufacturing 17 L4 '.. _Tc t1% 21.90% 0.79% _ti.::0% 3136% 4.249 Trade,Transpaxrtation.and Udlides 88 1.0 2 50% 23:"fit`.?% -L Cj216 '1.521% 580% 5.421% . Retail Trade ..._80 1.2 24.211% _23,33% .L e216 1.B&uA 552% 5.23% . Financial Actiwriti� 38 1.2 12 tKA6 .'331A 0.74% __O 0`��`re 313% 3.12% C-vernnnenl: G7 G.7 3-1d%..... 1.779% 0.22% 13.11% 17-58% ....13.40% Natural Resources.Mining and OanstrurAon 35 1.2 .1 J.15W. -13.57% 3.519% 1.34% 3-5,9% _3.2B% Educator n and Heatth:Semces IC14 1.6 ;.9"�.._ :7 084% 2.58'% 1.92% 1.30% 1.21% . Frsrfessiianal and Business 5eru4oes _103 1.3 1 1.C_M .a 37rA 2.08% 1.a2% 319% 2.98% . Infbrrmaatiorr.... 5d 68 12.60r'r"s. E1.4'Y3r'r"n 6 18:% _O n�.�`re 2.04% 1.94% Leasure and FPraspitarf ty 78 1.3 14.42p% 3.8cs=k :.479% 13.889E 3-5595 .._3.539E Gth Services. _28 13 -.17.25% _;6 e.Tlke 0.11% .d3.32% 379% 3.44% T 5691 'I 11&49914 11A t1 0.7453 7O A7%, " Sourca Oxford E�nvm LQ=I-Dc ition Q n tent PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 20 Page 1219 of 1269 ANDESQN CAPD Commercial Real Estate Industrial Leasing- Weakened demand led to mild upward pressure before the onset of the coronavirus pandemic. New supply mirrored weakening demand conditions. Rent-Palm Beach industrial rents are close to $12.10 per SF, a third above the national average. Industrial space dispersion across the metro translates to a wide rent range from$9/SF to $16/SF. Construction- Construction continues but has slowed down, which will likely cause future deliveries and groundbreakings to be delayed. There is currently 1.2 million SF under construction, close to the national average. Sales-The current uncertain environment suggests that transaction activity is likely to slow, as uncertainty heavily weighs on investors and lenders. Prices are at $140/SF. Overview °12 Mo Del isreries in S 12 Nay Net Abse rpstion in SF vacancy Date 1211011c Rent Gmwrtls With an average submarket snze that is six times smaller Deall vollume for the year before the onset of the crisis than in neighboring Miami and Fort Lauderdale,Palm was robust Activity in the first quarter of this year was Beach County is Florida's largest coulnty,by area,and a:morig the strorigest over the past fermi years,even industrial properties are widely dispersed acrosss the though transaction volume declined significantly since metro.Most inidu'striiall space is off of 155,and the most March.But despite the strong Beall momentum,,the slgnifl cant:nodes contain ing clusters,of warehouses over economic fallout will Illkejy cause prices to drop for the 7`.,000 St=are near Palm Beach Gardens and just north first time in more than a decade. of Boca Ratoni..Paim Beach industrial demand is primarilly dnveni by the local economy thought some We are continuously updating our market anallytics on demand comes from trade activity at the Port of Palm CoStar_com to reflect the fallout from the onset of the Beach.. coronavirus pandemic.You may run alternative economic scenarios by navigating to the Market.Analytics tab and Vacancies were on the rise for several quarters before selecting the Data Export m.enui-On the right-hand side the coronaviruis pandemic onset.Thouig hi the crisis is ofthe page,you may choose from several scenarios having,a limited operationiall impact on the metro's before you download data.If you grant to get more industrial market:so tar,the weakening economic outlook iinfomnationi oni the assumptions made under each will weigh dlown demand and looks-set to pushi vacancies situiatio i,please navigate to the top of the Data Export up and rents down by the end of the year. page,and select Documentation. and U.S.Economic Scenario Descriptions. KEY INDICATORS 2-11 GklMIA V—yr Pg. Mwkt IRerat .4avML bl"R.L. Not Abwitibmm x�rtae iu.,. Logistics 41.1:36.177 4.1% $11.55 7.811. 5,7e4 0 1,0-38.063 . Specialized€ndusiriai _._. 11.3131.785 2.3i% _ $'10.96 7.5:% D 0 0 Flex _... 9'.72,3.050 4.4'.,a $15.30 r.5'.•;. _ ,301,3411 0 198,610 e,4j6'1.§4 f... 3 S12.1'3 "3. v3?'T�. !�. .�. dl., Nlimtir� �cvalcas/ AffiMM raM 12 MOW& AWO-9a A ds POMMGM nnol t1 MGM Vacancy Charge(YOY) _ D 1% 5.41+e 4.9 e 1 1.6115 2009 Qr'l 2.5'+e 2017€4 N.1 Abr ptiaes SF �,d, r.:;� 593 X76 598 157 3,215,847 :2[105€]3 s:', ,r 2t}69 Q3 . Debveries.SF SSt M. 769 52B _ 965232 9,797,20t 2600 CA 9,ow 2013 Reit Gmw th .._ 3 a r, 2.2% 2.S';5. 8.4% 2661 Q1 —, 20, 21.+0••9€_4 Sales vok, e $332 M $183.2M _ NA _$429.88 .2619 08 _$35,15M _ 20y16 01 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 21 Page 1220 of 1269 ANDESQN CAPD Office Leasing- Before the onset of the coronavirus pandemic vacancies had steadily declined over the past decade. It is too early to evaluate the impact on office employment as both state and federal government have implemented support measures to businesses through the pandemic. Rent- The demand outlook remains uncertain as the full impact of the coronavirus pandemic is undetermined at this point. A weakening economic outlook will likely translate to significantly lower rent growth over the next few quarters. Construction- Construction has slowed and the disruption of the global supply chain will complicate the sourcing of building materials. The construction pipeline is at 1.3 million SF, the highest over the past decade. Sales-As with the rest of the country, the pandemic has disrupted financing and added uncertainty when pricing transactions that are currently in the pipeline. Overview 12 Mo Deliveries in SF 12 Mo Met Absarpation in 5-.F Vacancy Rate 12 Mo Rent Growth 1 1 X70 &U -70 The coronavirus pandemic has had a significant pandemic.Any further weakness in office employment oiperation aI impact o ni Palm Beach's office mark et. growth is(likely to irnpoct demand far space,especially Construction has:shed down and the vest majority of new dlellivertes,as well as rent growwthi_ companies have transitioned their employees to work from home-The majlority^of the county's office We are continuously updating our market anallytics on ernployment sector,its operational rermoteliy,while those Costar-com to reflect the falllout from the onset of the that have to work with publiic offices and the court systems coranaviru SL pandemic.Your may run alten°Iative economic are at a stanolstiilt,as pubiiic offices wrlll remains closed in scenarios by navigating to the Market Analytics tab avid the foreseeable future. selecting the Data Export menu..On the right-hand.side of the page,you may choose from several:scenarios. It is too esriy to evaluate the impact on ofifiice before you download data. If you want to get more employment,as both the state and federal government info rmation oni the assumptions made under each implemented,measures to support,especiiatly small amid situationi,please navigate to the top of the Data.Expert medium-sized, businesses in the area Both the niationiall page,and select Documentati'en,and U.S. Economic and the Palm Beach metra office employment growth .scenario Descriptions. decelerated before the onset of the coronavirus KEY INDICATORS currmll Qualter ... FIMA Vacancy Rob MaMik Itimmt AWA Imty Ra$el4�t sr- Dem 31• tF caftatruatum 4.&5 Star t.3,83.0.666 ..13.4% W.ao 1.5.6% 7,13.5 o •573.7.57 3 Star _ 28,147.988 9.01% _ $33.57 11.9% i5,:Ya _._ o 41D.436 1 P 2 Star _ 14,681,143 8.04 _ $22.38 10.816..... 11-, 351 ._ o _ G 56„x{, 7 117E 1 `133%.. 162,925),' 1 925 0. "'M'193 Annual Treaft 12 Nkmft ".+neracal Faffa M �aaa 4d han T—sh Man AwlVacanoy Chaff;Yt3Y) d 71% 1t 5% 10.8% 17.2% '2016 03 6.&% 2ODD 0-1 . Net Absorplion SF..... a K' ....545,5933463,313 .....2,182,727 2DD4 Q4 _._ E 1,31'x,077: 2000 Q1 D,Egiveres SIF _ 217 Y, 790,8315 743426 2470.37.5 2D08 04 _. 055.949 201202 Rsnt Growth _ 5'C11% 2.4% 2.1% 8.9r% 2D16€33 _... -7,6% 2G69€24 Sales vokatne _ $670 tt 68 1h1 WA $1.48..... 261502 ... $101.4 M :2069 04 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 22 Page 1221 of 1269 ANDESQN CAPD Retail Leasing- At the onset of the pandemic, vacancies were close to the lowest point over the past decade, however, the retail sector's outlook is uncertain.As the market reopens, the affluent seasonal residents who remained in the area may help mitigate the demand fallout caused by the pandemic. Rent- Rental rates are currently at $28/SF, close to a third above the national average. The coastal submarket has the highest retail asking rents at more than double the metro average. Construction- Construction activity has slowed significantly as the sourcing of building matrials became more complicated and expensive.There is close to 680,000 SF under construction. Sales- The current uncertain environment across the globe suggests that transaction activity is likely to slow, as uncertainty weighs heavily on investors and lenders. Overview 12:Mme 13.1,ercles rm S 12 M.FfetAtssarcAsti—m SF Yacancyv Rate 12'.Mme 72—t 0rawerth 441 K 80.2 K 4.700 4.200 °vacancies were stable and close to 4 5-%before the p,release rate for properties In the works its chose to 95%. onset of the coranavlrus pamdentiic.A reasonablly law Salles a;ctliwity over the past few givarters was healthy, Revell of deliveries aver the past dlecade,coulpled with prolonging a rnultiryear stretch of good investment strong demand,sent the vacancy rate on a downward conditions..The oultlook for the market remains uncertain, trajectory for the better part of the past 1D years. as sociall diistanctng measures have not ont(y caused an Immediiate lass of business but wiilll weighs heavily oni The metro's major retail drivers inic.lude favorable demand for the rest of this year.. dernographiics,median house h,olld incomes that are close to the U.S average,and a large number of retirees,many Costar is continuously updating market analyti....cs to of which spend part of the year in the area.te'PlhRe Palm reflect the falllout from the onset of the ccaronaviirus Bea chi is Iless,relliant can tourist activity,when cortnpared pandemic.You ma run alternative econconnic sceniarios to neighibonng Miiamii and Fort LaudierdLale,the sunset ofi by navigating too-the Markel Analytics tab and sel,ectiing the ccaronaurru's pandemic in March had a profound and the Data Export menu.On the riight hand side of the immediate negative impact on the rrnetro's retail)sector. page,you may choose from several l scenianos before All retail outlets,except grocery stores and,other you download)data ifs you want to.get more Informationi pharmacies,were ordered to close overnight,leading to on the assunnptionis made undereac:hi situation,please significant loss of business actnvity_ na,vig:ate to the top of the Data Export:page,and select: Documentation,and U.S...Economic Scenario Construebion has been very measured over this decade Description's. before the onset ofthe coronavirus pandemic,and the KEY INDICATORS- lc fl Gm r R.&r9 vacancy'Rata at ROM .1 aal'�&iYlL9'Iota �� DoN SEF 11 Wn W S� olmatrucbm Mags 91586,0137 3.3% $32.89 2.e'r'e atlG, 75c _. 0 0 ,. PoSwerCenter _ 3,526.642 5.E�% _ $30.47 Ba'r'e..... ,,3 5 ills {t 0 Nelghborhacul Cenbew 34.13.1.041 6.l'ra $26.71 8.4%..... t42,M,21 _.. 4..... Z43.229 St,rp Centar 5.4213.759 6.6n% $25.87 5.6'...p..... ,30,821 I 4..... 4 General Reta,I _ 34,220,1:31 _ 3.5% $25.13 4.5;+e...... 215,5:20 _. 222,304 238,281 otA�r... 860'„087 11.7111;. $35.80 2.45'%. p 4 ..148.5-57 T.nda 921MWO RateMM fie' Fo a CO tt w1 ban Trina ah whoa Vacanoy Cha aYOY) D,1% 5,s% 5.5% 8.7'r'e 2D10 Q1 3.VA 2OD6 Ut _. Nm1 Abs don SF _ 817..2 K 536,563.... 364,521 1,440,845 2D[17 Qi __. 2 6,,!drZ) 20138 QS D,Ower.s SF 449 K _ 725.388.... 882,:38 2,537,314 2D[18 Q4 188.57.3 2412 Q1 Rerxt G—th +4.:2h 1.6% 2.2% B.t;+e...... :2017€31 _. rt% 20090.3 Sales V.&—. _ $712 AAP _$627.&M NA _ $1.BB.... :2015 Q3 $1-38.3 M 20090.3 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 23 Page 1222 of 1269 ANDESQN CAPD Multi-Family Vacanep The metro has benefited from substantial population gains over the past decade, however, economic uncertainty over the medium term looks set to dampen the apartment outlook. Rent-Asking rents have been on the decline since the onset of the pandemic wiping out most of the rent gains over the past year. Rent declines are weighing more heavily on high-end apartments, as the metro has seen substantial supply gains in the category over the past few years. Construction- The onset of the pandemic slowed construction and may lead to project delays and a slowdown in groundbreakings over the next few months as owners, lenders and developers come to grips with the changing economic landscape. Sales- Palm Beach apartment prices rose by close to 60% over the five years prior to the onset of the coronavirus pandemic. The outlook, however, has changed as the current environment suggests that transaction activity is likely to slow. Overview 12 PAI®_D.Hremd Uruits. 12 MA•m fR6s®epti®n:Units Vacancy Rate 12 M..A:ski.g Rent G—th 11295 415 8.007/0 70 The onisetof the coronavirus pandle:mic is havrng an market. Landlords are working withite-niantsthat have iimm ediate and significant impact on the Palm.Beach been adversely affected by providing rent diisco,ulnts, apartment market_Over the short term,construction has, waiviing late fees,and working outlonger-term payment. slowed,,causing;future dlel1venes and groundtareak ings to pfanis.Vaicanciies are set:to rise by the end ofthe year, be.delayed The disruption to the global)supply chain is p,rirnarilly because of the neer supply cc rasing to market. causing construction matenall prices to rise. Some Apartment tease--up periods are expected to rise,as proposed projects could)be cancelled),depending on how people opt to renew rather than upgrade or move amid a. firm financiing arrangements are and how dleteno rusting period of economic uncertainty.. demand conditions are impacting a projects vrab1liity.. We are continuously updating our market a_niallytics on Rent growths its the most sign ificant cassia Ity sin ce the Gra;•tar..com to renect the fallout from the onset of the oniset of the p,a.ndlemic Asking rents have declined, coronavirus pandemic..You rn...ay run alternative economic wiping out the year-over-year rent growth..MAleanrngful scenarios by navigating to the Market Analytics tab and rent declines are,expected by the and of the year Areas selecting the Data Export:menul..On the rigbt-hand slide with Nigher construction activity wiilli frail worse than ofthe page, you may choose from:several scenanos, markets with lower re nit to-iincom:e ratios and more before you download data.. If you want to get more moderate construction activity..The focus has now shifted info rmatio ni oni the assum...pt,ons m,adle under each to collecting rents. situations,p,le.ase navigate to the top of the Data.Export page,and select Documentation, and U.S..Economic Vacancies have not moved)significantly siince.the onset .Scenario-Descriptions. of the pandemic.,as the crisiis is iimpecting the entire KEY INDICATORS •Cuer'ran$Quo-avtuir lutilte. 4Pss=sat YPeter Ae*JRg:.F—A u:'tR—a—F—A ' 'lBs—d'u8e unft �Lrna�N' 6r 4'3.5 Star 25.28.1 ::.10.0'! $1.8547 $1.829, 8.i 0 3,841 3 51.r 25.435 7.0% $1.498 $5.497..... r 0 1.!735 1&2.Stas.. _ 52.303 5.,5°s;. $5.142 $5 13Z 1 0 _.. 0 0 "B 1 1 is HT rt A a AMMA Trete 121 reea®s � pwa qtr 7-r +mhos V.Darcy Chary aYOY' 1,2%. 7.9','m B.sk%- 10.0% _ 2009 41 5.2.. 2014 Q-3 _Ab—Fti—Units 415.... 1.511 i S'ka _ 3,570 _ 2016 43 21 5 2008 43 _6sOvered Units _ 1,295 .....1.277 1'1505 _ 3,255 _ 201742 _.. 0 201144 Dem Ic hod UnAs _ 0 _ B7 _ 80 396 2016 41 0 2020 42 Asking Rent Gro th(YOY} 0.&% 2.4% 0.e%, B.S% 2006 t]3 _.. -3.3% 2009 Q4 Effe five Rent fimaiwth IYOYi 0 7'+e.. 2.4% 0.a'.d°e 5.7% .2008 48 _ 2',;, 2006 Q4 .....Sales V.&—. _ $4415 M! $:55s 9 M WA $1.9B 2018 42 _.. 561,6m 2008 45 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 24 Page 1223 of 1269 ANDESQN CAPD Residential Real Estate r�yf l+m `� �...................... �� ........... � IIIA .,.� 1'�� Claaed Sales991. 1,870 -47-0% '_ r a Md,in cash 915 678 -49-8% 4, Md Madsen Sale Mee $afis.oiH7, $264.900 it(?% AveBage Sale fi tWE $655,752 $591,,779 1dy S°.6 DOW VOILI eae $649.9 Mullen $1,1 Billions. -41-3% j Median Eprtar at 4f Original 95.0% 94.6% 04% LW Prize Reekqsad Medaen llillne to d;$nArefll �'i mByS.. psi I'7Y`5: -�'ilS 8^, i Meduen 1fGmatfl Sale 84 t78y^g 97 Days -IS-4% ' + New pending Salts I., + 3 tNew Listings 1„931 2,139 -S-7% t =+ Pomading In%entnry 2,619 2,155 -17-0% r r + + InvenNoy(Active Listings) SISSO 7,184 -18-6% Months Supply of Inventory 4.3 SA -15-7% OIs: * ,,. Claud Flea 597 1„453 -S&9 .. P d in,CRA US 940,. -62.1. .. Median SgiaNce $200,OW $185, $.1 c v I { age Sale Nice $343,898 $283,898 21.1% �R, O#nt whinfe S205-3 Million S412-5 Million ,50.2% Median ftcanit 0 Ofitlitial LlstNice sled 925 93,6 1.2�&. 52 Days 56 Day5 Median Time to Gaintralull Median Time laSale 94 Days 98 Days -4-1%. Neal pending Sales IJD4 1,18D lystr 1..716., 1,600 7.3 l rn Inve YtBry 1,762. 2,319 ,2.4.0 7 r 7i r 1 14$SUP011 304 IB'WAt 5.9 5,6... 7.3. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 25 Page 1224 of 1269 ANDESQN CAPD DEMOGRAPHIC TRENDS Po;xAaiion 1,512,113 331,224,1 1-3% 0.7 1.4% Ok 7 1 A 0.7% Households 581,2250 122,475,909 12 O7 5 X7,9% X7.7% 1.4 0, ae� hold a ,125 ,2 4 3,55% z'5 _ ,7 Labor Force 746,395 164,4315,35% 11% 0.9% 1.9% 07% 1.1% O.5% unomployriwnt 11% _ _. _ _ Source-.Oxforo Economics POPULATION GROWTHFORCE GROWTH INCOME 4LN CVn d Source'Oxford Economics Conclusion Some of the factors that fed Palm Beach County's past growth diminished in 2007 with a decline in the national economy which included reduced home prices and high unemployment. This trend continued until the middle of 2011 when signs of stabilization began to emerge. In the fourth quarter 2011, sales activity began to show signs of recovery. A slow but steady rebound in the market continued into the beginning of 2020. This changed in mid-March 2020 with the closing of schools, retail stores and all non-essential businesses due to the COVID-19 pandemic. With all of the closures and a stay safe at home recommended by the CDC,unemployment rates increased all over the United States and the world. Though long-term outlooks are uncertain due to the coronavirus pandemic, Palm Beach County as compared to many other areas of the country is considered positive due to the broad employment base and desirability as a winter tourist destination. There continues to be an influx from the northeast as the early intensity of the pandemic hit the NYC metro and many are moving to the area to escape months of quarantine. As population grows, more supporting commercial, industrial, and service development will be required. These factors, combined with a finite quantity of developable land create a positive real estate outlook for the future. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 26 Page 1225 of 1269 ANDESQN CAPD NEIGHBORHOOD DESCRIPTION ':.fie P i 8 Blvd- - 3 Both L 6 nall ad F2 -7 PMnpr Rd �. - . 4t=Whtte Fe x r Y2 ;, II�� ,f,'I .Gateway Blvd, - I 1 h16 43t'h Ave ,�' M £f 5 J `4 ly 1 a i, If I ii ,. .�� vn l sthj-Aroa = Pi 1(Y,� T sten,ekes Blwd Aladdin J\ve � � II lanas,o' Bey©rrm�ad�v.wa a�; cuet�ns a«e II ll I '. �x rrayarw i germ nva�� tde Mth& fiercea'-Errcle �y�Pe+drSe BWd T � Bd9a N u e d takes- 809 Pala berde Dr 1(I 6 t Beach FL 33929 �d 41i.!# i N413 ecrzaGon C�m m N 12�'h Ave j R _ � �. �l ,, iafF Ranch h4nto Rd R, assee P1 . � 1 9--.1 i�� 6: �� Avs.lf � �� n A� is AnArews—5- SE 5tr. e sin.nre �If, wshAveti Ye ' ; oieeeh ee �� I wornur,C� g «euuwo l6ght as D, II L. Ab�.7 Acre Main BWd c9 m®aa ats� rM-acson,. ioaam kHix ne menti son �..'. . ( _. s3 to 9Nd The subject neighborhood is generally considered to be the North Congress Avenue Commercial Corridor western adjacent residential communities lying between Boynton Beach Boulevard and Gateway Boulevard. In this area, North Congress is a six lane, median divided major north/south arterial. The roadway runs from Mangonia Park located in northern Palm Beach County south into Broward County. Both Gateway Boulevard and Boynton Beach Boulevard afford access to I-95 to the east and Florida's Turnpike has an interchange with Boynton Beach Boulevard, approximately five miles west. Both Gateway Boulevard and Boynton Beach Boulevard are six lane, median divided, major east/west arterials connecting the eastern and western regions of Boynton Beach, Florida. The immediate market area is characterized by a diverse blend of commercial retail, office and planned unit residential developments with older single family neighborhoods on the fringes. A variety of retail centers align the corridor with some professional office uses as well. The outer fringes of the market area are comprised of older single family developments which include some houses of worship, parks and recreational facilities The following exhibit shows major developments in the subject neighborhood vicinity. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 27 Page 1226 of 1269 ANDESQN CAPD d c ki slIR'FL '�£-Rz'�r i° ,�` " ' 3 Congress Avenue m s It [, y i � a tt�wt 11110 ;1 } Subject fBr y';,,m milsaU .._� a�,t �' �{31dEloyntort R � a�i ¢; Boynton Beach Blvd. Bay[iton Beau"Bkvcf',; " - V�-Boynton Beaeh Bkvd � � , a� _ G4 l's13 " Development Map Key Map Type Comments No. 1 Retail Center Neighborhood retail center with Kohl's as anchor Neighborhood office/retail center with Office 2 Office/Retail condominiums on second floor and retail/restaurants on first floor—Renaissance Commons 3 Retail Center Neighborhood retail center with Marshall's as anchor 4 Residential Renaissance Residential Development 5 Retail Center Neighborhood retail center with Target and Michael's 6 Retail Mall Boynton Beach Mall and outparcels with restaurants and financial institutions 7 Residential Single family neighborhood 8 Retail Center Misc.retail includes TJ Maxx and Steinmart, 9 Retail Center Misc.retail includes Sports Authority and Barns&Noble 10 Retail Center Wal-Mart Superstore with out-parcels, 11 Residential Single family neighborhood 12 Residential Single family neighborhood 13 Industrial/Office Quantum Office and Industrial park PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 28 Page 1227 of 1269 ANDESQN CAPD PROPERTY DATA Taxpayer of Record City of Boynton Beach Palm Beach County Property Control Number(s) 00-43-45-19-04-006-0260; 00-43-45-19-03-006-0080; 00-43-45-19-04-008-0200 Assessed Value and Taxes for 2020 The following information was taken from the Palm Beach County Property Appraiser's and Tax Collector's web sites. D 77777, , AFFi-sr- aluc' ses`sed,andT�saUle V�4u�s � �77T es Paxc�1Tcs�at IuTaxkel Asses�d ernp�on " hxbledTon Ad h nd ( nzovern9z�ts' �cka�Tas a1 va�de ' utountvslealoxewax UaYoxem�a ; 00-43-45-19-04-008-0200 $141,890 $0 $141,890 $56,725 $0 $56,725 $0.00 $0 $0 00-43-45-19-03-006-0080 $1,192,200 $0 $1,192,200 $722,904 $0 $722,904 $0.00 $0 $0 00-43-45-19-03-006-0260 $993,720 $0 $993,720 $351,555 $0 $351,555 $0.00 $0 $0 00-43-45-19-03-006-0200 $497 $0 $497 $497 $0 $497 $0.00 $0 $0 Tka] $ ,486,41711, $1 $2, 86;{17 '$x;074,956 $fl s $x,074,956 $6:Oq $U ${} A typical informed buyer would recognize the possibility of a reassessment following a sale of the property and the possibility that taxes could change as a result,if the assessed value is substantially different than the true market value. Our value conclusion does not discount for any taxes owed on the property, current or delinquent. The value assumes the property is free and clear and not subject to any prior year's delinquencies or outstanding tax certificates. The appraisers strongly suggest any potential buyer, mortgagee, or other investor in the property fully investigate the tax status of the subject property with the County's Tax Collectors office. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 29 Page 1228 of 1269 ANDESQN CAPD Census Tract The subject property is located in census tract 0060.12. Census Tract Map o X h ,3A � 16 1 4`y T-1 I' � l" t fi nppL r e u�WlnU FI ID- ,nu.w a tty[',I'd J Opo p 'ilr ,r.,Bivtl ySandl„� rt'llzs SaE ll a�(3 wn; rt Ir;: noseae `:: m t 0e5921 �.:88T P: o5 d, Rd° p45913 IY ( v H 605610 r J %1 k rdC d U r R.o.-,..i l hgaa]m.1—Or E"�rk.,we "n m ,.let_,'._ : Pal nft El9z,�,`+ m Ad—Q� -1` I � a ? ,.� .I L P Ce f� k1 _ f na�• E�tr�v hl�U R.SaU ta F `- I„1Y-,0 Sue 't r n cy a Ndi N4%IIT, cc TSubject Property �� I s { - 1f Yk. Boi'ra Iol Beaoh y3 _ Uf.3'Yi � I,�`d ,�" h �� Oa.nrr 1dn11 "J Y^r ;' � Crus DenFogeagPue EaYa nlr # o tR Ralerti y` - _ u1 eI Cn= �b A. Rd Old 30,Yll R d CI irrRm Rd Old bur Ylur Rd `t User Sele,ted Tract USA 5tate-C. ly-Tiac1:43424-12-099-0060 12 d.r r:;en us Income Popufat— Ho—g Tau a -� U nd erser.ed or Q t d Tract A, 'I t` a 2019 EFI EG EsE mated IAS,..MD nam _?5.460kAl/a i�l..;c h..151 Am: N`Ij I i5h'hiQ Idedl F 1 f come z' t 2019 Esh—lted Tact[Aldan Family 5-,S 371 2015 T- tI F ily 566516 1 d n 1 Si. i r k T l IF m I Incwme p 103.94 Tract PpUM— 4344 Tract 1,1 incril% 36.44 o-Do p - or Q. Tract ll Pa Mallon4533 1 rDl :tli y Sa.,e O l7ccu ietl Ln As 5991 �.o )� 4054141 yr 1 trz4 Famil llntu1.416 - << �u1i ll G Ii rte.01 006(XW R � 906U o5 U nYlay 6� �f ai )S, Eax XId G, C- 6nw�b} '� Tr11,x ut ,ryIre 4459 52 Scu r.:n r..b�Gtr 5.ti.9 Fai GSI Cd Lal D, PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 30 Page 1229 of 1269 ANDESQN CAPD Flood Zone Designation The subject property is located on the National Flood Insurance Program Map on Community Panel Number 12099C0786F, effective date of October 5, 2017. The subject appears to lie in an area designated as Zone X (unshaded). Flood Zone X (unshaded)is determined to be outside the 0.2% annual chance floodplain. Flood Map National Fled Hazard Layer FIRMette �� Legend RCERCQ"{ONYT�p@�WS0MF9EfYQ+SdI^u�"S11M.11i�wmafmm�m.Mscu�a,- SKmwl PLOW "fto Subject Property t €At .0 a Fawsm 999.h mrx`e Aw OTHT k#55IA5 OF GT"ERAREAS A,",94.„U.w.14"A EWmd Nam+. GENERAL Al Am _i9f fff � 'it r vmn�u* � .s�.G'C�ENf[. LaK C„J afA _...q .....9Y..m F�M.m Ft.iw�nM.m tdMm r.9YF�e9 r �.u r a�•,r,,a i...9 � — —� ,,,ff..., .,. .. ... ® rte. . . - ( ^�-�fkf.d..fl TFxew YSfia 111p� - f OHM_ W.`NA.EkrMSM�rcm FEATURES WMr maw 04M 4—A” t �iT t s 'A A.01 _ m..ram-F". ..wn_ i ,, .rhe sar.w r c wasp mu 7 tom. —,Pn.ma FEUX.�M.p ,twm 4 imw o moo swa WM d dwww�y m. .m.nraa1F mNM 9H79E M ke'RWdMm��a9..0.B kFr14Vt4 7pi.wa.gi f €y 'rAm'F.e¢M'H4wm '!`3 u4 &9 323 fl~P,9 p p.sNM.wt m.e Ue..Mwa .wawa.�m.Mn a.M6� . M�.m IN aR-am. rramaar-..M.mat.>te..M.e �m vaM,mwa®.ar.dw 9x.—rvtw 6N�r.. •- �i �i ;, �,. � va� � t !.�kp.�ia? ar.t�xm�Posi.�..9.rw.a M'GM.rm,e-a.xM.arw as eaeM.Mx9mM7 mMesti - ,.� _, °�, ..: • .u.ra.Mnra m..�mee;r.m..�nn..M a.M. �...ammw aWM.f.. a a.a.aa.s.r, �WOw M...%, Mw mky ` m;r're?M yMA�. Aiaw wr wwrm9w.,..anNSA wrta m.m M.p w.m9 ,rav Fit r,.e*M.a0.m w.w mwva3.ewst erve65n sms.Mmt tlw, am 0 2550 5.66 9,01M I_5W ...,PdC PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 31 Page 1230 of 1269 ANDESQN CAPD Zoning and Future Land Use The subject property's use is dictated by the Palm Beach County Zoning Code and Comprehensive Plan. The Palm Beach County zoning and future land use maps indicate the subject property has a zoning designation of RS - Single Family Residential District with an underlying land use designation of MR-5 - Medium Residential up to 5 DU/Acre. Permitted uses by right under this zoning category generally include,but are not limited to; detached single family homes and certain group homes. Permitted uses subject to various levels of review can be expanded to include townhomes and zero lot line development, other types of group homes, and certain civic type uses such as houses of worship and daycare centers. Concurrency The strongest growth control measure ever imposed was passed by the Florida Legislature and became effective on February 1, 1990. This was mandated by Chapter 163, Florida Statutes, otherwise known as the Growth Management Law. One provision of this law is referred to as Concurrency which dramatically limits the ability to develop real property. It is basically the requirement that adequate infrastructure be available to serve new development. Eight types of infrastructure are affected including traffic, potable water, sewer, drainage, solid waste,recreation and open space, mass transit, and fire rescue. In May of 2011, House Bill 7172 amended the Growth Management act in an effort to spur economic growth through streamlining and lessening growth management controls. Transportation concurrency requirements were exempted in dense urban land areas with populations of at least 1,000 people per square mile. Also, within dense urban land areas, the DRI process has been exempted. State review of local comprehensive plans was streamlined and zoning changes are now allowed to be considered concurrently with land use plan amendments. It is the appraisers'understanding that the subject is not subject to any concurrency restrictions. Should the property be altered or redeveloped, the matter of concurrency would need to be revisited at that time. Utilities The following utilities are available to the subject property: municipal water and sewer, electricity, and telephone. Subject Property Sales History The appraisers have not been provided with a title abstract on the property appraised nor have they conducted a title search of their own. The Palm Beach County Property Appraiser's records indicate that the subject property has not sold within the past 5 years. To the appraisers' knowledge the subject property is not currently listed for sale or subject to a current purchase agreement. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 32 Page 1231 of 1269 ANDESQN CAPD Site Analysis The following analysis is based upon a personal inspection of the site and Palm Beach County Public Records. Location The subject property is located on the west side of Nickels Boulevard, roughly 330 feet north of Old Boynton Road within an unincorporated part of Palm Beach County that is generally considered to be Boynton Beach. Size and Shape We have relied on the site size for the property from the Palm Beach County Property Appraiser's records. The subject is an irregular shaped non-contiguous parcel of land. We note that the subject property as it sits contains a total 13.37 acres (582,397 square feet) and is bisected (east to west) on the north half by six unimproved right-of-ways. These right-of ways measure 40 feet by 300 feet each totaling 12,000 square feet per right-of-way and 72,000 square feet (1.65 acres) overall. We have been instructed by the client to assume that these right-of-ways will be abandoned and to include the additional land area as part of the subject. Therefor the total subject site area as appraised is approximately 654,397 square feet or 15.02 acres (582,397 + 72,000 = 654,397 square feet or 15.02 acres). The south end of the site is separated from the north by the Lake Worth Drainage District Lateral Canal No. 23. This portion of the site consists of two parcels; a large irregular shaped parcel adjacent south of the canal which is separated by the improved right-of-way of Quentin Street from a small rectangular parcel lying south of the right-of-way. Topography and Drainage The site is relatively level and near road grade. Large portions of the property are densely over grown with invasive vegetation including Brazilian Pepper and Melaleuca. No apparent drainage problems were noted during the inspection. However, the appraisers have not had the opportunity to visit the site during a time of heavy rainfall. It is assumed that the subject does not suffer from any detrimental drainage problems. Access Access is via Access is via Nickels Boulevard to the east PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 33 Page 1232 of 1269 ANDESQN CAPD Easements or Encroachments Typical utility easements are believed to exist. A survey that would delineate the boundaries of any potentially detrimental easements or encroachments was not made available to the appraisers. The appraisers did not note any such conditions during our research and property inspection, nor did the property owner disclose any. We have no reason to believe that there are any easements or encroachments on the property that would affect its use in such a way as to have a negative impact on value. Soil/Environmental Conditions We have not been provided with nor have we commissioned a soil or sub-soil condition report. The appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field,if desired. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 34 Page 1233 of 1269 ANDESQN CAPD HIGHEST AND BEST USE The Appraisal Institute defines highest and best use as follows: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Alternatively, the probable use of land or improved property—specific with respect to the user and timing of the use—that is adequately supported and results in the highest present value. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015). The analysis of highest and best use normally applies these considerations in a three step process, involving the analysis of the highest and best use of the site as if vacant, determination of the ideal improvement, and a comparison of the existing improvement with the ideal improvement, in order to estimate the highest and best use as improved.The subject is vacant land, therefore only the first two steps apply. The subject site contains roughly 15.023 acres and could physically support a number of uses. These physically possible uses must be legal, reasonable, probable, and a logical continuation of surrounding uses within the subject property's neighborhood. The subject is currently zoned RS - Single Family Residential District for residential use. The surrounding area has been developed mainly with single family residential uses in the past, though there are some civic type uses interspersed throughout the area. In consideration of the site's location, land use classification, zoning and surrounding uses, the highest and best use for the subject, would be development with some type of residential or civic type of project or combination thereof in keeping with the zoning,land use, and neighborhood uses. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 35 Page 1234 of 1269 ANDESQN CAPD EXPOSURE AND MARKETING TIME Exposure time is: 1) The time a property remains on the market; 2) The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; 3) A retrospective estimate based on an analysis of past events assuming a competitive and open market. Marketing time is an opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions address the determination of reasonable exposure and marketing time. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015). Financing for commercial properties appears to be readily available at this time. Most properties offered for sale have been exposed on the market for six to twelve months or longer. The CoStar Group reported the historical marketing times (exposure time) for 5 residential land development properties in Palm Beach County from 10/12/2018 through 10/12/2020. The marketing time ranged from 6 to 43 months, with an average of 21.5 months. We note that the Costar data can be skewed by properties that were significantly overpriced by unmotivated sellers and/or were not properly marketed and languished on the market for several years. Also, residential properties often sell contingent on gaining development approval,which can cause escrow periods to drag out and thus the overall exposure time from listing to closing. We believe if appropriately priced and marketed, the subject would sell in the lower portion of the time frame range exhibited by the CoStar data. A properly priced property would sell more quickly. Considering the preceding, as well as sales that have taken place in the local market, and assuming a prudent pricing strategy, we estimate an exposure time of 10 to 16 months. Looking forward, we feel this would be a reasonable estimate for marketing time as well. This longer than typical marketing and exposure time is in consideration that there is currently a very recent pandemic. This has slowed down the general economic activity and the local real estate market. The first phase of a slowing real estate market is a lengthening of the marketing and exposure time. This is due to owners/seller's reluctance to lower asking prices. Sale prices do not normally decline right away and typically wait until sellers are forced to accept lower prices if the event causing the slowdown extends long enough over time. Discussions with local active brokers indicates that sellers are currently holding firm in their pricing based on the belief that the current pandemic is a short term phenomenon. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 36 Page 1235 of 1269 ANDESQN CAPD SALES COMPARISON APPROACH The sales comparison approach is the process of deriving a value indication for the subject property by comparing market information for similar properties with the property being appraised, identifying appropriate units of comparison, and making qualitative comparisons with or quantitative adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market- derived elements of comparison. (Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015.) The sales comparison approach requires that the appraiser locate recent sales of similar properties and through an adjustment process arrive at an indication of what these properties would have sold for if they possessed all of the salient characteristics of the subject property. These adjusted sales prices are then correlated into an estimate of the market value of the property via the sales comparison approach to value. A search of the Palm Beach County official records, local multiple listing service records, discussions with local brokers and appraisers and a personal inspection of the subject area produced several sales of similar type properties. The sales used in the analysis were the best comparables that we were able to verify with public records and/or a party to the transaction. The following pages feature a detailed write up of each comparable used in the analysis, a location map and summary of the selected comparable sales data, which is followed by a discussion of the pertinent adjustments and conclusion of value. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 37 Page 1236 of 1269 ANDESQN CAPD SALE NO. 1 - 2460 Haverhill Road, West Palm Beach, FL 33417 AC File No.: N/A ID: 910181 1 ^ i �r 4k t OR Book/Page: 29920/0712 Type: Land Sale Status: Sale Sub-Type: Multi-Family(> 1 Unit) Date: June 7, 2018 Grantor: Boyd-Haverhill, LLC&Enrique and Marta Rodriguez Grantee: AHC of West Palm Beach, LLC Legal: Long Legal Folio No.: 00-42-43-24-60-000-3220, 00-42-43-24-00-000-3191, 00-42-43-24-27-002-0000, 00-42- 43-24-27-001-000, 00-42-43-24-00-000-7011, 00-42-43-24-00-000-7180, 00-42-43-24- 00-000-7181, 00-42-43-24-00-000-7182, &00-42-43-24-00-000-7382 Location: East side of North Haverhill, north of Okeechobee Boulevard and south of Community Drive,West Palm Beach. Zoning: RH - Residential High Density by Palm Beach County Land Use: Multifamily Residential Utilities: Water, electricity, cable, telephone PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 38 Page 1237 of 1269 ANDESQN CAPD Site Size: Square Feet: 659,934 Acres: 15.150 Shape: Irregular Street Frontage (Ft.) 430 Topography/Elevation: Level, near road grade Density: Total No. of Units: 120 (Per Zoning) Units/Acre: 7.92 Use: Use at Time of Sale: Vacant Intended Use: Multifamily Residential Highest and Best Use: Multifamily Residential Verification: Source: Charlie Sardine Jr. Relationship: Buyer Conditions of Sale: Arm's-length Verified By: Z. Rossetti Date: August 28,2018 Sales History: No transactions in the previous five years Sales Price: $4,137,500 Price/SF Land: $6.27 Price/Acre: $273,102 Price/Unit: $34,479 Financing: Cash to seller Comments: This is the sale of 9 adjacent properties. There are (2) different Sellers; Boyd-Haverhill, LLC (Parcels 1-7) and Enrique & Marta Rodriguez (Parcel 8). Parcels 1-7 are vacant sites and Parcel 8 was improved with a non-contributing duplex building containing 5,018 SF. The Buyer plans to develop rental apartments on this site. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 39 Page 1238 of 1269 ANDESQN CAPD SALE NO. 2 - 5340 Purdy Lane, West Palm Beach, FL 33415 AC File No.: 2190280.002, 2200538.000 ID: 910814 5. igg i f iia r, OR Book/Page: 30260/1080 Type: Land Sale Status: Sale Sub-Type: Multi-Family(> 1 Unit) Date: November 19, 2018 Grantor: TLH 38 Purdy LLC Grantee: D. R. Horton, Inc. Legal: 14-44-42, MODEL LAND CO SUB W 1/2 OF E 1/4 OF TRS 21 TO 24 INC (LESS PURDY LANE) Folio No.: 00-42-44-14-05-022-0010, 00-42-44-14-05-021-0020, 00-42-44-14-05-021-0040, 00-42- 44-14-05-021-0060, 00-42-44-14-01-021-0050 Location: Located on the south side of Purdy Lane, roughly a quarter of a mile west of Haverhill Road. Zoning: RS - Single Family Residential by Unincorporated Land Use: MR-5 Utilities: Municipal water and sewer, electricity, and telephone PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 40 Page 1239 of 1269 ANDESQN CAPD Site Size: Square Feet: 593,287 Acres: 13.620 Shape: Rectangular Street Frontage (Ft.) 470 Topography/Elevation: Level, near road grade Density: Total No. of Units: 51 (Approved) Units/Acre: 3.74 Use: Use at Time of Sale: Vacant Land Intended Use: Single Family Development Highest and Best Use: Residential Verification: Source: Douglas Kirlan Relationship: Broker Conditions of Sale: Arm's-length Verified By: A. Reid,B.Arnold Date: June 11, 2019 Sales History: Previously sold for $550,000 in September 2018, recorded in County OR Book 30126 Page 1733 Sales Price: $2,854,000 Price/SF Land: $4.81 Price/Acre: $209,545 Price/Unit: $55,961 Financing: Cash to seller Comments: This was a sale of four adjacent parcels of vacant land sold to a developer who intends on building single- family dwellings. The properties were adequately marketed and the sale is reported to be an arm's-length transaction. The seller had previously obtained approval in 2016 for the development of 51 zero lot line units under the name of Purdy Royale. The buyer will move forward with the approved development though they have changed the name to Jaxon Park. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 41 Page 1240 of 1269 ANDESQN CAPD SALE NO. 3 - 5001 Haverhill Court, Haverhill, FL 33415 AC File No.: 2190268 ID: 910813 . 4 { 9k rf x OR Book/Page: 30485/0603 Type: Land Sale Status: Sale Sub-Type: Multi-Family(> 1 Unit) Date: March 15, 2019 Grantor: FCB REO Florida Holdings, LLC Grantee: MF Associates Haverhill Point, LLC Legal: Long Legal Folio No.: 22-42-43-35-01-008-0011; 0012 Location: West side of North Haverhill Road, north of Southern Boulevard and south of Belvedere Road, Haverhill. Zoning: R3 - Medium Density Residential by Haverhill Land Use: HDR- High Density Residential not to exceed 8 du per acre Utilities: Municipal water and sewer, electricity, and telephone PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 42 Page 1241 of 1269 ANDESQN CAPD Site Size: Square Feet: 141,509 Acres: 3.248 Shape: Rectangular Street Frontage (Ft.) 225 Topography/Elevation: Level, near road grade Density: Total No. of Units: 25 (Per Zoning) Units/Acre: 7.70 Use: Use at Time of Sale: Vacant Residential Intended Use: Vacant Residential Highest and Best Use: Multifamily Residential Verification: Source: Kirk Nelson, CBRE Relationship: Listing Broker Conditions of Sale: REO Verified By: Z. Rossetti Date: June 12, 2019 Sales History: Previously foreclosed upon and a certificate of title in the amount of $0 was issued in January 2015 Sales Price: $775,000 Price/SF Land: $5.48 Price/Acre: $238,608 Price/Unit: $31,000 Financing: Cash to seller Comments: This is the sale of (2) adjacent vacant sites. The site was previously a mobile home community with all utilities to the site. On the same day, the buyer also purchased a 1.80 acre portion of land from the church situated directly north of the sale site in a separate transaction (recorded in OR Book 30482 Page 321). The buyer obtained approvals to develop 40 townhomes on the assembled sites during their due diligence period. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 43 Page 1242 of 1269 ANDESQN CAPD SALE NO. 4 - 6250 South Military Trail, Lake Worth, FL 33463 AC File No.: 2190421.008 ID: 911070 Lantana 3 _ 3 �a- I s gym. i i a � n I . OR Book/Page: 30504/1316 Type: Land Sale Status: Sale Sub-Type: Multi-Family(> 1 Unit) Date: March 25, 2019 Grantor: Karen Ming Chao Lee a/k/a Karen Lee Grantee: MF Associates Haverhill Point, LLC Legal: The North 132 feet of the Southwest 1/4 of the Northeast 1/4 of Section 1, Township 45 South, Range 42 East, Palm Beach County, Florida. Less the right-of-way for Military Trail, as conveyed in Deed Book 896, Page 597, and in Official Records Book 5906, Page 1619,Public Records of Palm Beach County, Florida. Folio No.: 00-42-45-01-00-000-1070 Location: East side of South Military Trail, south of Lantana Road, and north of Pinestead Drive in Lake Worth. Zoning: RM -Multi-Family Residential- Medium Density by Palm Beach County Land Use: HR-8, High Density Residential District 8 du/acre Utilities: Municipal water and sewer, electricity, and telephone PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 44 Page 1243 of 1269 ANDESQN CAPD Site Size: Square Feet: 168,142 Acres: 3.860 Shape: Rectangular Street Frontage (Ft.) 134 Topography/Elevation: Irregular, near road grade Density: Total No. of Units: 39 (Approved) Units/Acre: 10.10 Use: Use at Time of Sale: Vacant Multi-Family Land Intended Use: Residential Townhomes Highest and Best Use: Residential Verification: Source: Kirk Nelson and the Palm Beach County Zoning Department Relationship: Broker Conditions of Sale: Arm's-length Verified By: M. Mickle Date: October 25, 2019 Sales History: No transactions in the previous five years Sales Price: $900,000 Price/SF Land: $5.35 Price/Acre: $233,161 Price/Unit: $23,077 Financing: Cash to seller Comments: This parcel was purchased for residential development. It was zoned AR, Agriculture Residential at the time of purchase. The buyer has received approval for a change in the zoning from AR to RM; and also approval for development with 39 residential townhomes. The project will be known as "Trails Landing". The sale prices will start in the $300,000 range. Units will be three bedrooms with two bathrooms and the corner units will have four bedrooms and two bathrooms. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 45 Page 1244 of 1269 ANDESQN CAPD SALE NO. 5 - 4734 Fountains Drive South, Lantana, FL 33467 AC File No.: 2190560.002 ID: 909176 pyb ycernLaRes Blvtl - '��' s o m i tii. H p m 4 '--Mgiauq;Ln � c f i m m w u s fl � Lucernz_Lgkes"SEvd'" .. .: , t p �li i FoUnfdLas.pr FB4nrags „.� �� -- 0 OR Book/Page: 30502/1279 Type: Land Sale Status: Sale Sub-Type: Multi-Family(> 1 Unit) Date: March 27, 2019 Grantor: Concert Fountains Properties, LLC Grantee: FCC Associates II, LLLP Legal: PALM BEACH GOLF CLUB ESTS PL 3 GOLF COURSE TRS (LESS N 850 FT OF E 522.72 FT LYG W OF & ADJ TO JOG RD R/W K/A NURSERY PA (portion) Folio No.: 00-42-44-27-36-001-000 Location: South of Lake Worth Road and west of Jog Road Zoning: RH -Multiple Family Residential (High Density)by Palm Beach County Land Use: MR-5/Medium Density residential 5 units per acre Utilities: Water, electricity, municipal sewer PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 46 Page 1245 of 1269 ANDESQN CAPD Site Size: Square Feet: 2,051,415 Acres: 47.094 Shape: Irregular Street Frontage (Ft.) 400 Topography/Elevation: Irregular, near road grade Density: Total No. of Units: 195 (Planned) Units/Acre: 4.14 Use: Use at Time of Sale: Golf Course Intended Use: Residential Highest and Best Use: Residential Verification: Source: Confidential and Palm Beach Post Relationship: Newspaper Conditions of Sale: Arm's-length Verified By: Z. Rossetti Date: December 10, 2019 Sales History: No transactions in the previous five years Sales Price: $12,000,000 Price/SF Land: $5.85 Price/Acre: $254,810 Price/Unit: $61,538 Financing: Cash to seller Comments: This is a sale of a portion of the north course of the Fountains Country Club golf course. The buyer is an affiliate of GL Homes they originally planned to build 195 zero lot line homes on the site. A recent article in South Florida Biz Journal reports that Larry Portnoy, VP of GL Homes, said they have not yet to begin the approvals process to build homes at the Fountains Country Club. The closing was drawn out due to extenuating circumstances arising from zoning difficulties. The club plans to take the proceeds from the sale and improve their pool and sports complex. The overall Fountains Country Club complex has been in litigation regarding mandatory membership in the country club. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 47 Page 1246 of 1269 ANDESQN CAPD SALE NO. 6 - 6288 Belvedere Road, West Palm Beach, FL 33413 AC File No.: 2200538.000 ID: 911704 r 4 i Ffi — I m i Y t _ a a 3 tai ti OR Book/Page: 31079/1168 Type: Land Sale Status: sale Sub-Type: Multi-Family(> 1 Unit) Date: December 5, 2019 Grantor: Fraternal Order of Police Jim Fogleman Lodge#50 Grantee: Meritage Homes Legal: Long legal description containing portions of Tract 3, Block 5, Palm Beach Farms Company Plat No. 3, Plat Book 2, Page 45, Palm Beach County, Florida (see deed for complete legal) Folio No.: 00-42-43-27-05-005-0032, 00-42-43-27-05-005-0033,00-42-43-27-05-005-0036 Location: South side of Belvedere Road,roughly 0.2 miles east of Jog Road, West Palm Beach Zoning: RS - Single Family Residential by Palm Beach County Land Use: MR-5 -Medium Residential up to 5 DU per acre Utilities: Municipal water and sewer, electricity, and telephone PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 48 Page 1247 of 1269 ANDESQN CAPD Site Size: Square Feet: 286,020 Acres: 6.566 Shape: Rectangular Street Frontage (Ft.) 370 Topography/Elevation: Level, near road grade Density: Total No. of Units: 68 (Approved) Units/Acre: 10.36 Use: Use at Time of Sale: Fraternal club Intended Use: Townhomes Highest and Best Use: Residential Verification: Source: Costar,listing flyer,public records Relationship: Costar Conditions of Sale: Arm's-length Verified By: B.Arnold Date: October 9, 2020 Sales History: No transactions in the previous five years Sales Price: $1,900,000 Price/SF Land: $6.64 Price/Acre: $289,369 Price/Unit: $27,941 Financing: None recorded Comments: Property was under contract for almost a year and a half while the buyer pursued approvals for 68 unit town home development (Catalina Townhomes), which included the purchase of 11 TDRs from Palm Beach County as well as use of the County's workforce housing density bonus program. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 49 Page 1248 of 1269 ANDESQN CAPD Comparable Sales Location Maps Ivatufal Grassy Maters North Palm Preserve ro Beach Temporarily closed Lake Parr Loxahatchee Riviera Beach &fl�J 0 7 Cypre a ; Ike ' fest Pard Royal Palin QBBh eaC Beach Golden Lags qWestgate Wellington E83 CD �,� E e { sflr Feenacres s Lake Worth @z antis Lantana p ads Manalapan Aberdeen' t;? B ynten sfl 804 Beach Golf A aaDelray Beach gle Kings Point Map data(02020 Google PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 50 Page 1249 of 1269 Lake Worth Lak, Corridor 2 John CL Nautica Isles West Hoa Prince Park Lost City Golf Club 9 Palm Beach 2 Atlantis Lantana LD Airport Winston Trails Golf Club9 411, V The Falls Club of the Palm Beac Hypolu..Rd Hypolixo Rd ores use 90 Aberdeen Ponle Vecchio West Clubhouse WN 22nd Avc E O-W-34 Old Boynwn koad Boynton Beach Sun Valley 9 Map data C2020 P(}#21O266/Nickels Boulevard 15D2Acres Vacant Land /\&CJob No.: 2200538DOO 51 Page 1250Of1269 ANDESQN CAPD Apoxee Trait Cypress Lakes„ 8Q9 r Emerald Clunes Club II Circle w ja PALM BEACH LAKE baa P70 7CJ4 Near } Golden Lakes Stacey Street Westgate 19Palm Beach International ss�N4gs�re�z� LaI;e, Htl[I airport Belvedere Estates r nJ Royal Palm �s Estates Gun ClubR,d Palm Be Conservatio Trump International Coll Club West Palm Reaoh -n SufSt777u Bw `:ufirtirSiC Gtl,rti Q Okeef eeCee Park;' sos West Palm 9f32 Forest Hill Blvd 882 Golf eD a E Lake �'trrdy i.n Purdy'!ls -- JSI.`}.o. L � Lre41a,rets Mvc3 ,ark Ln Palm Springs -oa Go Oe Map data c 2020 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 52 Page 1251 of 1269 ANDESQN CAPD � � Land Area �T3erisi � � S 1uo,' ` �R I3k Sale11C / 1 teres,, IUxutsJA�r� 1 29920 2460 Haverhill Road 659,934 120 $4,137,500 $273,102 Jun-18 0712 West Palm Beach 15.15 8 2 30260 5340 Purdy Lane 593,287 51 $2,854,000 $209,545 Nov-18 1080 West Palm Beach 13.62 4 3 30485 5001 Haverhill Court 141,509 25 $775,000 $238,564 Mar-19 0603 Haverhill 3.25 8 4 30504 6250 South Military Trail 168,142 39 $900,000 $233,160 Mar-19 1316 Lake Worth 3.86 10 5 30502 4734 Fountains Drive South 2,051,415 195 $12,000,000 $254,809 Mar-19 1279 Lantana 47.09 4 6 31079 6288 Belvedere Road 286,020 68 $1,900,000 $289,364 Dec-19 1168 West Palm Beach 6.57 10 S�al . T?ekels BRr11� d" 6'4,397. N/A N%1 (?c1:724; Dyr#411 Baha' 15,0 ; Sales Summary and Discussion In this analysis, we considered differences between the sales and the subject in terms of property rights sold, conditions of sale, financing, market conditions (trend or time adjustment), location, land size, and quality and condition of any existing improvements. The appraisers based the comparisons on a standardized unit of measure, the sale price per acre of land. The sale price per acre of land correlates well among the comparable sales and is commonly used by buyers in this type of analysis. Property Rights The property rights transferred were believed to be those of the fee simple estate. No differences between the sales and the subject are reflected. Conditions of Sale All sales were reportedly market oriented. No adjustment consideration for conditions of sale was necessary. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 53 Page 1252 of 1269 ANDESQN CAPD Financing We considered any indication of favorable financing. All sales were either on a cash basis or had market oriented financing, therefore, no differences were noted nor were adjustments made. Market Conditions The sales occurred over the period from June 7, 2018 to December 5, 2019. The date of value is October 12, 2020. The market has shown improving market conditions over portions of this time period. We have applied an upward adjustment of 0.5% per month (rounded down to the nearest full month) to account for rising prices through the end of 2019. Due to the uncertainty of the current pandemic,we have not adjusted the sales in 2020. Any gains during the first part of the year have likely been offset by the current market slowdown. There is not yet any hard market evidence of a change in values,however, the market has slowed and could possibly see a decline in values if there is not a quick resolution of the pandemic. Location The subject property is located at Nickels Boulevard in Boynton Beach. It benefits from a location very near North Congress Avenue which is home to a dense area of shopping, dining and service establishments, including many national restaurant franchises and retail brands between Boynton Beach Boulevard and Gateway Boulevard. This is superior to some degree to each of the comparables for convenience, warranting some upward adjustment to the comparables. Size Generally,larger properties will sell for a somewhat lower price per acre of land than smaller ones, and vice versa, when all else is equal. The sales in this data set do not appear to follow this pattern and no adjustment is warranted. Site Conditions Properties of all different shapes can typically be developed. Some properties, however, allow for a more efficient development of the site providing for the maximum development intensity. Neither the subject nor the comparables 1, 2, 3, 5 and 6 appear be impacted by their shape in such a manner as to limit their development. Comparable 4 is a very long and narrow site that presents more development difficulties than a wider site. Some upward adjustment is warranted to this comparable. Another factor considered here is the existence of any physically detrimental site conditions such as contamination or muck. Neither the subject nor any of the comparables were known to suffer from any detrimental site conditions. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 54 Page 1253 of 1269 ANDESQN CAPD Zoning/Land Use The subject property has a zoning designation of RS - Single Family Residential District by Palm Beach County with an underlying future land use of MR-5 - Medium Residential up to 5 DU/Acre by Palm Beach County. Though they may vary by municipality, all of the comparables have similar residentially oriented designations that allow for similar uses as the subject. No adjustment is warranted for this factor. However, comparables 1, 3, 4 and 6 are developable to a higher density than the subject and the other comparables. This factor warrants some downward adjustment to these comparable sales. We also consider the impact of any pre-existing entitlements at the time of sale. The subject has no existing entitlements. Comparables 1, 4 and 5 sold without entitlements in place. No adjustment is warranted. Comparable 2 had approvals for 51 residential units that were previously obtained by the seller. Some downward adjustment is warranted. Comparables 3 and 6 sold with development approvals in place. However, they were obtained by the buyers at their expense during the due diligence period. We would expect the subject to be sold in a similar fashion. Therefore, no adjustment is warranted. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 55 Page 1254 of 1269 CZ) 00 0 m00 � j CY) o LO U if) CN 00 N v o N ro u N O N SJ qj` ct o o v o v o o o M ft o � 0 0 0 m o M o W o 00 >„ CC CC a, O 00 O M O 't ' O N ON N N N N CCS o ry 00 4 ? W cz a I z N o o o 00 ` O W) cc W 00 77 ANDESQN CAPD Conclusion Considering all of these differences, we developed the preceding quantitative comparison chart listing the sales as they compare to the subject property, based on a price per acre of land. Not all categories considered are depicted. Those omitted reflect no differences between the sales and the subject property. The unadjusted range of value indicated by the sales is roughly $209,544 to $289,369 per acre of land. The preceding quantitative comparison chart shows the value range for the subject property after adjustment based on a price per acre of land to be from $212,207 to $282,797 with a mean of$256,612. Considering all of the salient factors discussed previously and prevailing market conditions, the appraisers feel a conclusion in the middle portion of the indicated range is most appropriate. Given the preceding data and discussions, it is concluded that the market reflects a value per acre of land for the subject property of $255,000 as of October 12, 2020.Total value is calculated as follows: 15.02 Acres @ $255,000 per Acre = $3,830,100 Rounded To: MARKET VALUE VIA SALES COMPARISON APPROACH: $3,800,000 A' 11L- PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 57 Page 1256 of 1269 QUALIFICATIONS OF APPRAISER ROBERT B.BANTING,MAI, SRA PROFESSIONAL DESIGNATIONS-YEAR RECEIVED MAI- Member Appraisal Institute-1984 SRA- Senior Residential Appraiser,Appraisal Institute-1977 SRPA-Senior Real Property Appraiser,Appraisal Institute-1980 State-Certified General Real Estate Appraiser,State of Florida,License No.RZ4-1991 EDUCATION AND SPECIAL TRAINING Licensed Real Estate Broker-#3748-State of Florida Graduate,University of Florida,College of Business Administration,BSBA(Major-Real Estate&Urban Land Studies)1973 Successfully completed and passed the following Society of Real Estate Appraisers(SREA)and American Institute of Real Estate Appraisers(AIREA)courses and/or exams:Note:the SREA&AIREA merged in 1991 to form the Appraisal Institute. SREA R2: Case Study of Single Family Residence SREA 201: Principles of Income Property Appraising SREA: Single Family Residence Demonstration Report SREA: Income Property Demonstration Report AIREA 1B: Capitalization Theory and Techniques SREA 101: Introduction to Appraising Real Property AIREA: Case Studies in Real Estate Valuation AIREA: Standards of Professional Practice AIREA: Introduction to Real Estate Investment Analysis AIREA 2-2: Valuation Analysis and Report Writing AIREA: Comprehensive Examination AIREA: Litigation Valuation AIREA: Standards of Professional Practice Part C ATTENDED VARIOUS APPRAISAL SEMINARS AND COURSES,INCLUDING: The Internet and Appraising Golf Course Valuation Discounting Condominiums&Subdivisions Narrative Report Writing Appraising for Condemnation Condemnation:Legal Rules&Appraisal Practices Condominium Appraisal Reviewing Appraisals Analyzing Commercial Lease Clauses Eminent Domain Trials Tax Considerations in Real Estate Testing Reasonableness/Discounted Cash Flow Mortgage Equity Analysis Partnerships&Syndications Hotel and Motel Valuation Advanced Appraisal Techniques Federal Appraisal Requirements Analytic Uses of Computer in the Appraisal Shop Valuation of Leases and Leaseholds Valuation Litigation Mock Trial Residential Construction From The Inside Out Rates,Ratios,and Reasonableness Analyzing Income Producing Properties Development of Major/Large Residential Projects Standards of Professional Practice Regression Analysis In Appraisal Practice Federal Appraisal Requirements Engaged in appraising and consulting assignments including market research,rental studies,feasibility analysis,expert witness testimony,cash flow analysis,settlement conferences,and brokerage covering all types of real estate since 1972. President of Anderson&Carr,Inc.,Realtors and Appraisers,established 1947 Past President Palm Beach County Chapter,Society of Real Estate Appraisers(SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation,property disputes,bankruptcy court, foreclosures,and other issues of real property valuation. Member of Admissions Committee,Appraisal Institute-South Florida Chapter Member of Review and Counseling Committee,Appraisal Institute -South Florida Chapter Approved appraiser for State of Florida,Department of Transportation and Department Natural Resources. Instructor of seminars,sponsored by the West Palm Beach Board of Realtors. Authored articles for The Palm Beach Post and Realtor newsletter. Real Estate Advisory Board Member,University of Florida. TYPES OF PROPERTY APPRAISED-PARTIAL LISTING Air Rights Medical Buildings Apartment Buildings Churches Amusement Parks Department Stores Hotels-Motels Marinas Condominiums Industrial Buildings Office Buildings Residences-All Types Mobile Home Parks Service Stations Special Purpose Buildings Restaurants Auto Dealerships Vacant Lots-Acreage Residential Projects Golf Courses Shopping Centers Leasehold Interests Financial Institutions Easements "I am currently certified under the continuing education program of the Appraisal Institute." Page 1257 of 1269 QUALIFICATIONS OF APPRAISER BEAU M.ARNOLD GENERAL INFORMATION State-Certified General Real Estate Appraiser RZ2937 State Licensed Real Estate Sales Associate SL3076071 EDUCATION AND SPECIAL TRAINING Graduate, University of Florida, College of Business Administration, BSBA(Majors - Real Estate and Management) 1997 Successfully completed and passed the following courses: UF: Real Estate Analysis UF: Real Estate Valuation Al 20OR: Residential Market Analysis and Highest and Best Use Al 300GR: Real Estate Finance, Statistics, and Valuation Modeling Al I310 Basic Income Capitalization Al I410N: National Uniform Standards of Professional Appraisal Practice Al 520: Highest&Best Use and Market Analysis Engaged in appraising and researching real estate with Anderson and Carr, Inc. since May of 1997. TYPES OF PROPERTY APPRAISED Single Family Homes Condominiums Commercial Land Multi-Family Land Residential Land Industrial Land Agricultural Land Subdivision Land Conservation/Environmentally Sensitive Land Public Land Apartment Buildings Retail Buildings Warehouse Buildings Office Buildings Proposed Construction Gas Stations Net leased Properties Special Purpose Properties Restaurants Shopping Centers Houses of Worship Schools Civic Facilities Mobile Home Parks Marinas Golf Courses Rights-of-Way Easements Leasehold Interests Page 1258 of 1269 Appraiser Licenses RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY JFlori d-a 10 bP1 STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION VV- Al "I FLORIDAI,5AL BD THE CERTIFIED IFIED%�J:i UNDER THE TES R� PROVISfo' 'P'11 74"�!' AI X 116 tj %,0;1, ti -A ��11 NO,!i T� 61- 31 Y)k' ................. BE EiPIRAT-10VID' M6 R 30,2020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. ■ This is your license. It is unlawful for anyone other than the licensee to use this document. L Page 1259 of 1269 RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY F� HCl p1 : STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PRtJFESSIONAL REGULATION �t,> FLORIDAA EAL. ;ATE A 1AL BC} ltt # ➢w � ��155 aro THE CERTIFIED NAA' 1A'R tC� F E[ UNDER THE r ��s 0�r PROVWN—e( F s —I F 5,E`4 R k TUTfS r j tS� IS t��11 S)y 1t t + } �ioIL� R �r yj XO f e 'n"�� +w Ell N" EXPiru�Tiorlfa�,T � R 30,2020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Page 1260 of 1269 ADDENDUM Page 1261 of 1269 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. # : 210266 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/07/20 VENDOR 184 SHIP TO: TO: ANDERSON & CARR INC., City of Boynton Beach 521 S . OLIVE AVENUE CI'T'Y HALL WEST PALM BEACH, FL 33401 100 EAST OCEAN AVE BOYNTON BEACH, FL 33435 REQUISITION NO. 77196 ORDERING DEPARTMENT: MARA FREDERIKSEN DATE NEEDED: CONTRACT NO, COMMISSION APPROVED: ........... EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1 . 00 EA APPRAISAL FOR NICKELS PROPERTY 2300 . 0000 2300. 00 REMARKS : APPRAISAL- NICKELS PROPERTY PROPOSAL 42200538 _ - PROCUREMENT SERVICES: P.O. TOTAL, 2300 00 ks FLORIDA STATE SALES TAX ;EXEMPTION IMPORTANT INSTRUCTIONS 1RENDER SEPARATE INVOICE FOR THIS CERTIFICATE NO. 85-8012621544C-0 OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDER OR FOR EACH SHIPMENT THEREON PACKAGES, TICKETS, INVOICES, STATEMENTS, AND IMMEDIATELY FOLLOWING SHIPMENT. THE CITY OF BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE. _'__"2PREPAID FREIGHT CHARGEABLE TO THE FEDERAL EXCISE TAXES: WHERE TAX APPLIES MAIL INVOICES T0: " CITY OF BOYNTON BEACH MUST BE INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE FINANCIAL SERVICES DEPARTMENT SUPPORTED BY CARRIER'S RECEIPT. TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL BE FURNISHED UPON REQUEST. P.O. BOX 310 3JNVOICES AND STATEMENTS SUBJECT BOYNTON BEACH, FL 33425-0310 TO CASH DISCOUNT SPECIFIED HEREON® ORIGINAL Page 1262 of 1269 CITY OF BOYNTON BEACH GENERAL TERMS AND CONDITIONS Tax Exemption: The City is tax exempt, ID#85-8012621544C-0 Public Records (cont.) Acceptance of Contract: C. Ensure that public records that are exempt or that are confidential and This order is the City's offer to purchase the goods andlor services exempt from public record disciosure requirements are not disclosed described on the reverse side from the Vendor.The City's placement of this except as authorized by law for the duration of the contract term and, order is expressly conditioned upon the Vendor's acceptance of all the following completion of the contract,Vendor shail destroy ail copies of such terms and conditions of purchase contained on or attached to this confidential and exempt records remaining in its possession once the Purchase Order. Vendor transfers the records in its possession to the CITY;and D. Upon completion of the contract, Vendor shall transfer to the CITY, at Amendments: no cost to the CITY, all public records in Vendor's possession All records No agreement or understanding to modify this contract shall be binding stored electronically by Vendor must be provided to the CITY, upon request upon the City unless In writing and signed by the City's authorized agent. from the CITY's custodian of public records, in a format that is compatible All specifications, drawings, and data submitted to the Vendor with this with the information technology systems of the CITY. order are hereby incorporated and made a part hereof. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO Compliance with Laws: PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, The Vendor certifies that in performing this contract,they will comply with all CONTACT THE CUSTODIAN OF PUBLIC RECORDS: applicable provisions of the federal, state and local laws, regulations, rules and orders. CRYSTAL GIBSON,CITY CLERK 3301 QUANTUM BLVD.,SUITE 101 Delivery: BOYNTON BEACH, FLORIDA,33426 All prices must be F.O.B. destination. Time is of the essence on this 561-742-6061 contract. If completed deliveries are not made at the time agreed, the City GIBSONC@BBFL.US reserves the right to cancel or purchase elsewhere and to hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise the Risk of Loss: City, in writing of the earliest possible shipping date for acceptance by the Vendor agrees to bear all risk of loss, injury, or destruction of goods and City. materials ordered herein which may for any reason occur prior to acceptance by the City. No such loss, injury or destruction shall release Inspection: Vendor from any obligations hereunder. Goods and Material must be properly packaged. Damaged goods and materials will not be accepted, or if the damage is not readily apparent at Scrutinized Companies-287.135 and 215.473: the time of the delivery, the goods shall be returned at no cost to the City. Vendor certifies that Vendor is not participating in a boycott of Israel. The City reserves the right to inspect the goods at a reasonable time Vendor further certifies that Vendor is not on the Scrutinized Companies subsequent to delivery where circumstances or conditions prevent effective that Boycott Israel list, not on the Scrutinized Companies with Activities in inspection of the goods at the time of delivery. Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business Laws Governing: operations in Syria. Subject to limited exceptions provided in state law, the This contract shall be governed by and construed according to the laws of City will not contract for the provision of goods or services with any the State of Florida.Venue for any action related to this Agreement shall be scrutinized company referred to above. Submitting a false certification shall in the Circuit Court for the 18th Judicial Circuit, Palm Beach County, be deemed a material breach of contract. The City shall provide notice, in Florida. writing, to Vendor of the City's determination concerning the false certification.Vendor shall have five(5)days from receipt of notice to refute Material Safety Data Sheets: the false certification allegation. If such false certification is discovered Proper Material Safety Data Sheets, in compliance with OSHA's Hazard during the active contract term, Vendor shall have ninety (90) days Communications Standard, must be provided by the Vendor to the City at following receipt of the notice to respond in writing and demonstrate that the time of purchase or delivery. the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was Patents and Copyrights: made in error then the City shall have the right to terminate the contract If an article sold and delivered to the City hereunder shall be protected by and seek civil remedies pursuant to Section 287.135, Florida Statutes, as any applicable patent or copyright, the Vendor agrees to indemnify and amended from time to time. save harmless the City from and against any and all suits, claims, judgments, and costs instituted or recovered against it by any person Uniform Commercial Code: whomsoever on account of the use or sale of such articles by the City in All applicable portions of the Florida Uniform Commercial Code shall violation or right under such patent or copyright. govern this contract with the City Payment: Warranty: All invoices shall be addressed to the ordering department.City of Boynton The Vendor warrants to the City that all goods and services furnished Beach, P.O. Box 310, Boynton Beach, FL 33425-0310 as indicated on the hereunder will conform in all respects to the terms of this order, including front of this Purchase Order and must include Vendor's name and phone any drawings, specifications or standards incorporated herein, and/or number,and clearly list quantities,item descriptions and units of measure. defects in materials,workmanship,and free from such defects in design. In addition, Vendor warrants that the goads and services are suitable for and Public Records: will perform in accordance with the purposes for which they were intended. The City of Boynton Beach is public agency subject to Chapter 119,Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Termination: Specifically,the Vendor shall: Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy,terminate A. Keep and maintain public records required by the CITY to perform the this Agreement for City's convenience.Where the Agreement is terminated service; for the convenience of City, the notice of termination to Contractor must B. Upon request from the CITY's custodian of public records,provide the state that the Agreement is being terminated for the convenience of the CITY with a copy of the requested records or allow the records to be City under this termination clause,the effective date of the termination,and inspected or copied within a reasonable time at a cost that does not the extent of termination.Contractor shall be paid for the services up to and exceed the cost provided in chapter 119, Fla. Stat. or as otherwise including the effective date of the termination.This shall mean payment for provided by law; all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting from such termination. Page 1263 of 1269 13.A. FUTURE AGENDA ITEMS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Discuss and consider the development of a public policy relating to the location of monuments on City property - November 4, 2020 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 1264 of 1269 13.B. FUTURE AGENDA ITEMS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Hear monthly update from E21- Solutions and JKM Developers, Inc. regarding the Town Square Project. - November 4, 2020. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 1265 of 1269 13.C. FUTURE AGENDA ITEMS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: ILA between the City and CRA for conveyance of property located at 1102 N. Federal Hwy. - November 4, 2020. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 1266 of 1269 13.D. FUTURE AGENDA ITEMS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Discuss the naming of the amphitheater and open space at the new City Hall campus. November 17, 2020 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 1267 of 1269 13.E. FUTURE AGENDA ITEMS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program- TBD 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 1268 of 1269 13.F. FUTURE AGENDA ITEMS 10/20/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/20/2020 Requested Action by Commission: Proposed Resolution No. R20-093-Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the 9/15/2020 Commission meeting.) - TBD 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 1269 of 1269