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Agenda 10-19-21The City of Boynton Beach City Commission Agenda Tuesday, October 19, 2021, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) 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. °a�1111rIN°„',mf www. boy nton- beach. org Pagel of 1174 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. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online 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 19, 2021 or calling (561) 742-6006 and leaving a message on the public comment 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 included in the meeting minutes for the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. Page 2 of 1174 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 1174 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Rabbi Simon, Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Penserga Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Proclaim November 1, 2021 as E)dra Mile Day. B. Proclaim October 15, 2021 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of blind people in America and to recognize the white cane as the symbol of that independence and self-reliance. C. Proclaim the month of October as National Disabilities Employment Awareness Month. The proclamation will be accepted by Dr. Elsa DeGoias, Manager of Programs for CareerSource Palm Beach County. D. Proclaim October 23, 2021 as the First Presbyterian Church of Boynton Beach Garden dedication. Rev. Amalie Ash, of First Presbyterian Church will accept the proclamation. E. Proclaim the Week of October 18 to 24, 2021 as Florida City Government Week. Commissioner Ty Penserga will accept the proclamation. F. Announce that the Solid Waste Division will be having Tire Amnesty Week for City Residents the first week of November from November 1 - November 5, 2021. G. Announcement of Public Meetings for the American Rescue Plan Act and Florida International University Community Needs Assessment by David Scott, Director of Economic Development and Strategy. 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. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Connect to Greatness, Inc. B. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to the HATT Foundation. C. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Pathways to Prosperity. Page 4 of 1174 D. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Greater Boynton Beach Sister Cities. E. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Freedom Shores Elementary. F. Appointment of 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 material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R21-137 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. Approve donation of $3,245.96 from the State Forfeiture Funds to Visual Adjectives. C. Approve donation of $3,881.76 from the State Forfeiture Funds to the Global Business Development Center - Entrepreneurship Institute (GBDCEI). D. Approve donation of $3,957.06 from the State Forfeiture Funds to Connect to Greatness, Inc. E. Approve donation of $4,000 from the State Forfeiture Funds to Gulf Stream Council - Boy Scouts of America. F. Approve donation of $3,915.23 from the State Forfeiture Funds to Scholar Career Coaching, Inc. G. Approve the piggyback of ITB No. 2021-113 Resolution 82-2021 issued by the City of Stuart for the supply and delivery of Anhydrous Ammonia at the unit price of $.79 per pound ($4.108 per gallon) to Tanner Industries, Inc. for an estimated annual expenditure of $50,000. The City of Stuart complies with government bid requirements and is equal to and/or exceeds the City of Boynton Beach procurement requirements. H. Proposed Resolution No. R21-138 - Approve and authorize the Mayor to sign modification two to Hazard Mitigation Grant Program (HMGP) contract (No. H0054) with the Division of Emergency Management for the Lakeside Gardens Drainage Improvements, Phase I in the amount of $2,834 for management cost. Proposed Resolution No. R21-139 - Approve and authorize Mayor to sign the Hazard Mitigation Grant Program contract (No. H0712) with the Florida Division of Emergency Management for the Lakeside Gardens Drainage Improvements, Phase II in the amount of $800,752.00 for project construction with a Period of Performance starting on execution through December 31, 2023. Approve purchase of Extreme Networks network switch maintenance from STEPcg of Covington, KY in the amount of $41,728.45, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS, previously approved by Commission on 10/20/2020. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. K. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for October 19, 2021 - "Request for Extensions and/or Piggybacks." L. Proposed Resolution No. R21-140 - Approve a $10,000 increase to the agreement with The Wag Group needed for sign language interpreting services due to the increased frequency of public meetings and community events. M. Approve the piggyback of RFP 2017-71500-01 issued by Library of Virginia, on behalf of Mid Atlantic Library Alliance, Inc. (MALTA) to Ingram Library Services, LLC. for an estimated annual expenditure of $50,000. The City of Boynton Beach is a member of MALTA. This RFP meets the Page 5 of 1174 competitive bid requirements for the City of Boynton Beach. N. Accept the written report to the Commission for purchases over $10,000 for the month of September 2021. O. Proposed Resolution No. R21-141 - Approve and authorize the City Manager to sign the First Amendment to The First Restated Interlocal Agreement 82016-1581 between the City of Boynton Beach (City) and Palm Beach County (County) utilizing the County's microwave system to transport radio signals from the City's tower to the County's Master Site. P. Proposed Resolution No. R21-142 - Authorize the Mayor 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. Q. Approve minutes from the October 5, 2021 and October 12, 2021 City Commission meetings 7. Consent Bids And Purchases Over $100,000 A. Approve the piggyback of Bid No. 12525-312, Resolution No. 21-0674 issued by the City of Fort Lauderdale as the Lead Agency for the NIGP Southeast Florida Governmental Purchasing Cooperative Group for the supply and delivery of Sodium Hypochlorite (CO-OP) by Allied Universal Corporation for an estimated annual expenditure of $300,000.00. The City of Fort Lauderdale complies with government bid requirements equal to and/or exceeds the City of Boynton Beach requirements. B. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 19, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." C. Proposed Resolution No. 21-143 - Authorize Mayor to sign an agreement with Florida - Caribbean Architecture of Boynton Beach, FL for Project Management Services, in the amount of $192,000. 8. Public Hearing - None 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. 9. City Manager's Report - None 10. Unfinished Business A. Monthly update from J KM Developers on the Town Square Project attached. 11. New Business - None 12. Legal A. Proposed Ordinance No. 21-026 - Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements to maintain compliance with FEMA requirements and to maximize the City's National Flood Insurance Program's Community Rating System (CRS) class rating. B. Consideration of Plaintiff's settlement offer to the City and action to accept, reject, or make counter-offer. C. Closed Door Session - 8:00 p.m. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney requested a private attorney- client session of the City Commission to discuss pending litigation in the following case: Page 6 of 1174 CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-M B 13. Future Agenda Items A. Draft Ordinance for Disposition of City -owned Property. - November 2, 2021 B. Complete Streets Mobility Plan & Technical Report - November 2, 2021 C. 2022 Elections Services Agreement with the PBC Supervisor of Elections - November 2, 2021 D. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 2, 2021 E. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - November 16, 2021 F. National Flood Insurance Program Community Rating System Update- November 16, 2021 G. Sign Code Amendments - November 16, 2021 H. Representatives from FIU will present the Diversity & Equity Assessment of City Systems (Internal Assessment) - November 16, 2021 1. City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discuss the City's annual Legislative Agenda. - December 7, 2021 J . Consultant Presentation of Housing Needs Assessment - December 7, 2021 K. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD L. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD M. Discuss Building Safety Inspection Program- TBD N. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD 14. Adjournment Notice If a person 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 of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the 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 of the 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 of the City Clerk Page 7 of 1174 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 10/19/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Rabbi Simon, Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Penserga Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 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: 1.A. Opening Items 10/19/2021 Page 8 of 1174 2.A. Other 10/19/2021 Requested Action by Commission: Informational items by the 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 Application: Is this a grant? Grant Amount: Attachments: Page 9 of 1174 Requested Action by Commission: Proclaim November 1, 2021 as Extra Mile Day. Explanation of Request: The City of Boynton Beach is a community that acknowledges that a special vibrancy can exists within an entire community when its individual citizens collectively "go the extra mile" in personal effort, volunteerism, and service. Boynton Beach encourages its citizens to maximize their personal contribution to the community by giving themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions, family, friends and community. The City 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 the community. 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 FlirtaaJa irna bola Flirta:Ja irnatioin 1: )dray I UE) IDay Page 10 of 1174 pro e I CGAM Cation WHEREAS, the City of Boynton Beach is a community that 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 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, the City 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 the community; and WHEREAS, Boynton Beach acknowledges the mission of Extra Mile America to create 550 Extra Mile cities in America and is proud to support "Extra Mile Day" on November 1, 2021. WHEREAS, in the City of Boynton Beach, Alan Karjalainen has gone the extra mile by providing crucial informational technology support by keeping our servers safe, implementing innovative ideas, and running virtual City Commission meetings. Thank you for your service to the City of Boynton Beach. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim November 1, 2021, as: �X�ra I�I11� IDag and encourage each individual in the community to take time on this day to not only "go the extra mile" in his or her 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 191h day of October Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk 3.B. Announcements, Community and Special Events and Presentations 10/19/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 10/19/2021 Requested Action by Commission: Proclaim October 15, 2021 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of blind people in America and to recognize the white cane as the symbol of that independence and self-reliance. Explanation of Request: The proclamation will be accepted by Ted Goodenough, City of Boynton Beach ADA Coordinator Assistant. 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 FlirtaaJa irna bola Description FlirtaaJa irna bola WftifEs Cain Safety IDay Page 12 of 1174 proel C -AM at ion WHEREAS, the white cane, which every blind citizen in our city has the right to carry, demonstrates and symbolizes the ability to achieve a full and independent life and the capacity to work productively in competitive employment; and WHEREAS, the white cane allows every blind person to move freely and safely from place to place, and makes it possible for the blind to participate and contribute to our society; and WHEREAS, every citizen should be aware that the law requires that motorists exercise appropriate caution when approaching a blind person carrying a white cane or guided by a guide dog; and WHEREAS, Florida law also calls upon employers, both public and private, to be aware of and utilize the employment skills of our blind citizens by recognizing their worth as individuals and their productive capacities; and WHEREAS, the City of Boynton Beach and our business community, with the cooperative assistance of the Lighthouse for the Blind of the Palm Beaches, can look forward to a continued expansion of employment opportunities and greater acceptance of blind persons in the competitive labor market. NOW THEREFORE, I, Stephen B. Grant, Mayor of the City of Boynton Beach, do hereby proclaim October 15, 2021, as: Wh1t¢ CBTZ¢ P5Ui¢tZJ Vag in Boynton Beach and call upon our schools, colleges, and universities to offer full opportunities for training to blind persons; upon employers and the public to utilize the available skills of competent blind persons and to open new opportunities for the blind in our rapidly changing society, and upon all citizens to recognize the white cane as an instrument of safety and self-help for blind pedestrians on our streets and highways today and every day. 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, this 19th day of October, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Proclaim the month of October as National Disabilities Employment Awareness Month. The proclamation will be accepted by Dr. Elsa DeGoias, Manager of Programs for CareerSource Palm Beach County. Explanation of Request: October 2021 marks the 76th anniversary of National Disability Employment Awareness Month. The purpose of National Disability Employment Awareness Month is to provide education on disability employment issues and celebrate the many and varied contributions of America's workers with disabilities. How will this affect city programs or services? CareerSource Palm Beach County Disability Services is a member of the City's Inclusion Support Team. They provide services including specialized equipment that help people with disabilities research and apply for jobs. Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description FlirtaaJa irna bola Na tioinal IDisalbillity IC iryil lla�ayirTIEsir:t waiir'Esll'I sa:S I ointh Page 14 of 1174 pro e I CGAM Cation WHEREAS, October 2021 marks the 76th anniversary of National Disability Employment Awareness Month; and WHEREAS, the purpose of National Disability Employment Awareness Month is to educate about disability employment issues and celebrate the many and varied contributions of America's workers with disabilities; and WHEREAS, the history of National Disability Employment Awareness Month traces back to 1945 when Congress enacted a law declaring the first week in October each year ''National Employ the Physically Handicapped Week; and WHEREAS, in 19 SS, Congress expanded the week to a month and changed the name to National Disability Employment Awareness Month; and WHEREAS, workplaces welcoming of the talents of all people, including people with disabilities, are a critical part of our efforts to build an inclusive community and strong economy; and WHEREAS, the City of Boynton Beach pledges to continue to take steps throughout the year to recruit, hire, retain, and advance individuals with disabilities and work to pursue the goals of opportunity, full participation, economic self-sufficiency, and independent living for people with disabilities. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of October as: National Disability Employment Awareness Month IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 191h day of October, Two Thousand Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson City Clerk Requested Action by Commission: Proclaim October 23, 2021 as the First Presbyterian Church of Boynton Beach Garden dedication. Rev. Amalie Ash, of First Presbyterian Church will accept the proclamation. Explanation of Request: In 2020, the Elders of the Session of First Presbyterian Church of Boynton Beach and the congregation began a successful journey to raise funds to create a garden in the center of the church property to serve as a place for reflection and respite for all who are weak and heavy laden and to enjoy the beauty of the earth. 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 FlirtaaJa irna bola 1:::::liir'st IF1ir'E)SbytE)ir'iia in ChUlrch Page 16 of 1174 pro e I CGAM Cation WHEREAS, in October of 1955, a small group of dedicated Christians decided that there was a need for a Presbyterian USA church in the growing community of Boynton Beach. The first worship service was held in the Women's Club on November 6,1955, with an attendance of 46 people; and WHEREAS, the church needed a home of its own, in 1958, the present five -acre site at 235 S.W. 6th Avenue, was acquired and a groundbreaking ceremony for a Sanctuary was held on January 25,1959. Over the next 12 years, the site expanded to include nursery facilities, classrooms, a library, fellowship hall (named Pratt Hall), office and chapel; and WHEREAS, the Elders of the 1981 Session and the Women's Association also envisioned a garden in the center of the church property that would serve as a place for reflection and respite for all who are weak and heavy laden or to simply enjoy the beauty of the earth. In 2020, The Elders of the Session of First Presbyterian Church of Boynton Beach and the congregation began a successful journey to raise funds to create a garden, as the forefathers envisioned. NOW THEREFORE, I Steven B. Grant, on behalf of the City of Boynton Beach, do hereby thank the First Presbyterian Church of Boynton Beach for their efforts to increase the City's green canopy and for their contributions to the overall wellbeing of our community and proclaim October 23, 2021, the First Presbyterian Church of Boynton Beach Garden dedication and invite our community to visit the garden often and take time to rest and reflect on the beauty of God's earth. 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 191h day of October, Two Thousand and Twenty-one. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Proclaim the Week of October 18 to 24, 2021 as Florida City Government Week. Commissioner Ty Penserga will accept the proclamation. Explanation of Request: Florida City Government Week is a time for municipalities to provide and foster civic education, collaboration, volunteerism and more. All cities are encouraged to participate. Cities provide a higher level of service than most governments, and generally receive higher approval ratings than other levels of government. Yet, many residents are unaware of how city services impact their lives. Through Florida City Government Week, we hope to bring awareness to city government's role in enhancing the quality of life in communities. 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 FlirtaaJa irna bola Flirtaa Ja irnatioin 11::::11..... City VVEE)lk Page 18 of 1174 Proel C -AM at ion WHEREAS, city government is the government closest to most citizens and the one with the most direct daily impact upon its residents; and WHEREAS, municipal government provides services and programs that enhance the quality of life for residents, making their city their home; and WHEREAS, city government is administered for and by its citizens and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along the understanding of public services and their benefits; and WHEREAS, Florida City Government Week offers an important opportunity for elected officials and city staff to spread the word to all citizens of Florida that they can shape and influence this branch of government; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach citizens about municipal government through a variety of activities. NOW, THEREFORE, I, Steven B. Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, proclaim the week of October IS -24, 2021 as: Florida G1tg Gov�_,rnm�_,nt Vv��_,k and encourage all citizens, city government officials and employees to participate in events that recognize and celebrate Florida City Government Week. The City also encourages educational partnerships between city government and schools, as well as civic groups and other organizations. Furthermore, the City supports and encourages all Florida city governments to actively promote and sponsor Florida City Government Week. IN WITNESS WHEREOF I have hereunder set my hand this 19th day of October, 2021 Steven B. Grant, Mayor ATTEST: Crystal Gibson, City Clerk 3. F. Requested Action by Commission: Announce that the Solid Waste Division will be having Tire Amnesty Week for City Residents the first week of November from November 1 - November 5, 2021. Explanation of Request: Tire Amnesty Week will be held during the week of November 1 st through November 5th, 2021. 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? N/A Fiscal Impact: Budgeted Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 20 of 1174 Kee] Requested Action by Commission: Announcement of Public Meetings for the American Rescue Plan Act and Florida International University Community Needs Assessment by David Scott, Director of Economic Development and Strategy. Explanation of Request: On March 11, the American Rescue Plan Act (ARPA) was signed into law. I ncluded in the bill was the $350 billion Coronavirus State and Local Fiscal Recovery Funds (FRF). The City of Boynton Beach was allocated $13,647,904.00 in two parts; the City's first deposit of $6,823,952.00 was received on May 19, 2021, and the second deposit will be distributed by May 2022. We continue to assemble input from the open survey, social media, nonprofit input meeting, and public meetings. ARPA Public Input Meeting - October 28, 2021, 6PM, Fire Station 3 ARPA Nonprofit Input Meeting - November 1, 2021, 6PM, City Commission Chambers The City of Boynton Beach, in collaboration with the F I U Metropolitan Center, has launched a Comprehensive Community Needs Assessment. The Assessment will render the analytical framework and community engagement to develop study findings and recommended action/policy items in five interconnected equity pillars (topic areas) - Economic Development, Education, Housing, Criminal Justice and Safety, and Public Health. The Stakeholder and Community Outreach Plan findings will inform and support the development of the City's Community Needs Assessment. Community Needs Assessment Public Input Meeting - November 3, 2021, 6PM, City Commission Chambers How will this affect city programs or services? The input meetings will inform and support the development of the City's Community Needs Assessment and help determine ARPA and CDBG fund allocations. Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: The input meetings will inform and support the development of the City's Community Needs Assessment and help determine ARPA and CDBG fund allocations that focus on community priorities that support economic equity for the City/s vulnerable population. Climate Action Application: Page 21 of 1174 Is this a grant? Grant Amount: Attachments: Page 22 of 1174 5.A. Administrative 10/19/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 10/19/2021 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Connect to Greatness, Inc. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to Connect to Greatness, Inc. Funding will be used for general operating expenses and a scholarship. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of $2,000 for each Commission member were approved in the Fiscal Year 2022 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt Description CSll::::IREs,gL E)St Il:::::oirirn Page 23 of 1174 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 10/19/2021 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested $200.00 Recipient/Payee: Connect to Greatness, Inc. Description of project, program, or activity to be funded: Funding will be used for general operating expenses and a scholarship. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2,000.00. The balance of funds available for the requesting Member of the Commission is $2,000.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested Dated: )I j 1,2o ; By: City Clerk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire cgmunity served by such donation Dated.x spy By. „=f � Requesting Member q g of the City Commission Page 24 of 1174 5.B. Administrative 10/19/2021 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to the HATT Foundation. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to the HATT Foundation. Funding will be used for the HATT 2021 Sponsor -A -Child Program, which gives at -risk children a chance to be a part of the HATT Symphony Orchestra. The project is focused on providing at -risk children an opportunity to learn musical instruments, be part of a grand and positive experience and have a better future. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of $2,000 for each Commission member were approved in the Fiscal Year 2022 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description ttaclhtirTIENI'lt CSI::::IREs,gL E)St Il:::::oirirn Page 25 of 1174 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 10-19-2021 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested $200.00 Recipient/Payee: The HATT Foundation Description of project, program, or activity to be funded: Funding will be used for the HATT 2021 Sponsor -A -Child Program, which gives at -risk children a chance to be a part of the HATT Symphony Orchestra. Provide at -risk children an opportunity to learn musical instruments, be part of a grand and positive experience and have a better future. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2,000.00. The balance of funds available for the requesting Member of the Commission is $1,800.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested Dated, �. By: .., City Clerk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community §�e v�by such donation Dated �o.� 1."r� '��'� �' By: ...M. Req uestingMember of the City Commission Page 26 of 1174 5.C. Administrative 10/19/2021 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Pathways to Prosperity. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to Pathways to Prosperity. Funding will be used to support the Healthier Boynton Beach Family Caregivers Luncheon. The luncheon is for family caregivers in the Boynton Beach area to express appreciation for Family Caregiver's Month. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of $2,000 for each Commission member were approved in the Fiscal Year 2022 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description ttaclhtirTIENI'lt CSI::::IREs,gL E)St Il:::::oirirn Page 27 of 1174 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested Recipient/Payee: 10/01/2021 Mayor Steven B. Grant $200.00 Pathways to Prosperity Description of project, program, or activity to be funded: Funding will be used to support the Healthier Boynton Beach Family Caregivers Luncheon. The luncheon is for family caregivers in the Boynton Beach area to express appreciation for Family Caregiver's Month. R15-055 Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2,000.00. The balance of funds available for the requesting Member of the Commission is $1,600.00. Accordingly: X There are funds available as requested There are insufficient funds available as requested Dated , ;211 By: City Clerk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by such donation By. Dated: Requesting Member of the City Commission Page 28 of 1174 5.D. Administrative 10/19/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 10/19/2021 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Greater Boynton Beach Sister Cities. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to Greater Boynton Beach Sister Cities. Funding will be used for a one-year Pro Zoom subscription to engage our Sister Cities online and an updated banner to be used at community events. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of $2,000 for each Commission member were approved in the Fiscal Year 2022 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt Description CSll::::IREs,gL E)St Il:::::oirirn Page 29 of 1174 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 10/19/2021 Requested ty Mayor/Commissioner: 2or Ste;wven B. Grant Amount Requested $OO Recipient/Payee: Greater Boynton Beach Sister Cities Description of project, program, or activity to be funded: Funding will be used for a one-year Pro Zoom subscription to engage our Sister Cities online and an updated banner to be used at community events. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2,000.00. The balance of funds available for the requesting Member of the Commission is $1,400.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested Dated:B Clerk y. City k Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entif -c m,onn served by such donation Dated:_..L4 _.�....... _ � ............ ... _ _. ... _ ...... Requesting Member of the City Commission Page 30 of 1174 5.E. Administrative 10/19/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 10/19/2021 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Freedom Shores Elementary. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to Freedom Shores Elementary to be used to inspire and teach the Freedom Shores Elementary Garden Club students about planting and maintaining a native plant garden and provide gardening tips. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of $2,000 for each Commission member were approved in the FY 2021/2022 budget. Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt Description CSI:::: IREs,gL E)St II:::::oirrn...I1::::irEsEsdoirn ShorEss Page 31 of 1174 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 10/19/2021 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested $200.00 Recipient/Payee: Freedom Shores Elementary Description of project, program, or activity to be funded: Funding will be used to inspire and teach the Freedom Shores Elementary Garden Club students about planting and maintaining a native plant garden and provide gardening tips. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2,000.00. The balance of funds available for the requesting Member of the Commission is $1,200.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested Dated:������ � � , ��� By: City Clerk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by such donation Dated: By:s. Requesting Member of the City Commission Page 32 of 1174 5. F. Administrative 10/19/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 10/19/2021 Requested Action by Commission: Appointment of 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 term openings and 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 term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D ttacftrTIENI'lt D ttacftrTIENI'lt D ttacftrTIENI'lt Description ppoiir:tirTIE)i is air:d AppIicaints for OcftolbEa r 19, 2021 Bair:lks, ClhE)iryll I llOggiirIS, If 01r:1r:liE) Page 33 of 1174 Appointments and Applicants for October 19, 2021 Art Advisory Board III Romelus Reg 2 yr term to 3/22 IV Penserga Reg 2 yr term to 3/23 Applicants: None Affordable Housing Advisory Committee Vice Mayor Hay Banking/mortgage industry 3 yr term I Katz Affordable home building 3 yr term IV Penserga For-profit provider of affordable housing 3 yr term III Romelus Represents employers within the City of 3 yr term Boynton Beach Applicant: Cheryl Banks Banking/Mortgage industry Ronnie Hoggins For-profit provider of affordable housing Building Board of Adjustments and Appeals Vice Mayor Hay Reg 2 yr term to 3/23 IV Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 1 Katz Alt 1 yr term to 3/22 Applicants: None Education and Youth Advisory Board IV Penserga Student 1 yr term to 3/22 (Voting) Mayor Grant Student 1 yr term to 3/23 (Non -Voting) Applicants: None Historic Resources Preservation Board III Romelus Reg 2 yr term to 3/22 IV Penserga Alt 1 yr term to 3/22 Applicants: None C:\Program Files (x86)\neevia.com\docConve rte rPro\temp\NVDC\28A77102-5C54-4528-95 E8-0D176F27569C\Boynton Beach.29703.1.Appointments_for _10-19- 21.docx Page 34 of 1174 Appointments and Applicants for October 19, 2021 Library Board Vice Mayor Hay Alt 1 yr term to 3/22 1 Katz Alt 1 yr tern to 3/22 Applicants: None Recreation and Parks IV Penserga Reg 2 yr term to 3/23 Vice Mayor Hay Alt 1 yr term to 3/22 III Romelus Alt 1 yr term to 3/23 Applicants: None Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicants: None C:\Program Files (x86)\neevia.com\docConve rte rPro\temp\NVDC\28A77102-5C54-4528-95 E8-0D176F27569C\Boynton Beach.29703.1.Appointments_for _10-19- 21.docx Page 35 of 1174 Stanzione, Tamm From: cherylbanks <noreply@123forr-nbuiIder.com> Sent: Thursday, October 07, 2021 3:11 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 10/07/2021 Name Cheryl Banks Phone number 561-685-5618 Address 1062 SW Consolata Ave Port St Lucie FL 34953 United States Email cherylbanks@synovus.corn Current occupation or, if Mortgage Loan Officer retired, prior occupation Education Are you a registered voter? Yes Do you reside within the No Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a No City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Port St Lucie- AHAC when? West Palm Beach - AHAC Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Affordable Housing Advisory Committee If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications Mortgages Professional Memberships 11 Page 36 of 1174 Feel free to attach/upload an extra sheet or resume. Certification 1, 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 107,77.216.135 (United States) at 2021-1.0-07 14:10:41 on Chrome 92.0A515.90 Entry ID: 490 Form Host:r- .a _pli.c..at—ion _t' _p Page 37 of 1174 Stanzione, Tammy From: HOGGINS34 <noreply@123formbuilder.com> Sent: Friday, October 08, 2021 10:46 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 10/08/2021 Name Ronnie Hoggins Phone number Address 2222 NE 1 WAY 203 Boynton Beach Florida 33435 Reserved Email HOGGINS34@YAHOO.COM Current occupation or, if GENERAL CONTRACTOR retired, prior occupation Education Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business Yes within City limits? If "yes", name of business: HOGGINS CONSTRUCTION UNLIMITED Are you currently serving on a No City board? Have you served on a City NO board in the past? If "yes", which board(s) and when? Have you ever been convicted of a crime? If "yes", when and where? Advisory Board Affordable Housing Advisory Committee If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I AM A LICENSED GENERAL & ROOFING CONTRACTOR Professional Memberships 1 Page 38 of 1174 Feel free to attach/upload an 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 76.109.177.99 (Reserved) at 2021-10-08 09:45:39 on Chrome 94.0.4606.71 Entry ID: 491 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application Page 39 of 1174 Consent Agenda 10/19/2021 Requested Action by Commission: Proposed Resolution No. R21-137 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Explanation of Request: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City - contracted vendor. The Financial Services Department sent an invoice to each property owner, to which no response was received within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. How will this affect city programs or services? Allows the City to collect on services performed on properties within the City limits. Fiscal Impact: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. Alternatives: The alternative would be to not place liens on the properties and not collect for the service provided. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 40 of 1174 Is this a grant? Grant Amount: Attachments: Type IRE)S()l LA ti 0 II'l Exhibit Description RE)SOkAboin approviing INUlisair C2, abatEKTIEslrlt E IC II1 IB I T A Page 41 of 1174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Community Standards to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" S:ACA\RESO\Nuisance Abatement for 10192021 - Reso.docx Page 42 of 1174 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2021, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 19th day of October, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor—Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Nuisance Abatement for 10192021 - Reso.docx VOTE YES NO Page 43 of 1174 First Name Last Name Company Name Address Line 1 Address Line 2 Lien PCN Property Address Invoice Invoiced Amount Amount Owed Jeanne & Ka D Hock Go 801 NE 76th Street Boca Raton, FL33487 21-354 08-43-45-21-07-001-1790 301 W. Boynton Beach Blvd. 65762 $443.09 $473.09 Ocean Hudson LLC 217 N. Seacrest Blvd. Unit 945 Boynton Beach, FL 33425 21-248 08-43-45-28-07-002-0091 513 SE 4th Street 67999 $638.09 $668.09 Jeanne & Ka D Hock Go 801 NE 76th Street Boca Raton, FL33487 21-1016 08-43-45-21-07-001-1790 301 W. Boynton Beach Blvd. 67657 $478.09 $508.09 lE:speran;t& Nevert Lahens 1471 NW 3rd Street Boynton Beach, FL 33435 21-1521 08-43-45-16-01-042-0200 1471 NW 3rd Street 68432 $988.09 $1,018.09 Emminger 12 Meadows Park Lane lBoynton Beach, FL 33436 21-1222 08-43-45-07-10-000-0120 112 Meadows Park Lane 68431 $593.09 $623.09 Page 44 of 1174 Mn Consent Agenda 10/19/2021 Requested Action by Commission: Approve donation of $3,245.96 from the State Forfeiture Funds to Visual Adjectives. Explanation of Request: The Boynton Beach Police Department (BBPD) will forge a new community partnership with Visual Adjectives SEEDS Inc. The Visual Adjectives SEEDS Inc. keeps children involved in organized activities through a writing program combined with mentoring and positive role modeling to help them steer clear of the criminal justice system. This program celebrates students as proficient and successful writers, artists, and creators and exposes them to additional career choices, putting them on the path to college and career readiness. Students are published as authors in an authentic printed medium. 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 BBPD's legal obligation under Florida State Statute 932 and the strategic intent of the department's 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 BBPD's endeavor to provide resources to the community through crime prevention utilizing a writing program, youth mentoring and public private partnerships. Fiscal Impact: Funding is available in account 691-5000-590-04-25 (Law Enforcement Trust Fund - State). The current account balance is: $165,516.39. This is a one-time donation expense. Alternatives: Not approving. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 45 of 1174 Is this a grant? No Grant Amount: Attachments: Type ME)iryw..) Description Ma:>U4a djE�ICUVE)S SE)Eds, I 111C, MENryr.) Page 46 of 1174 Lori I. erriere City Manager The Boynton Beach Police Department will be forging a new relationship with a community partner, Visual Adjectives Seeds, Inc. The organization serves the youth in our community by providing after-school and summer programs that encourages academic growth and success, stay in school initiatives, career planning, and secondary education. Visual Adjectives Seeds, Inc. has consistently demonstrated a positive influence on the youth in our community by creating crime preventions programs that focus on writing, art and production. These three programs are tailored to help students become successful writers, artists, and creators. The Boynton Beach Police Department supports the organization's initiative to promote student academic success, and is requesting Commission approval to make a $3,245.96 donation to Visual Adjectives Seeds, Inc. from the Law Enforcement Trust Fund. This donation will allow the organization to continue in their mission of mentoring students, and help them to prepare for their future by exploring career opportunities in writing, art, and publishing that are often overlooked. Visual Adjectives Seeds, Inc. is a valuable resource to the community and will be viewed as an asset to the Boynton Beach Police Department. This is a one-time donation expense that fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. The amount will be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund), which has a current account balance of. $165,157.62. Professionalism - Respect - Integrity - Dedication * Excellence � 5.... .bbpd our Page 47 of 1174 C." Consent Agenda 10/19/2021 Requested Action by Commission: Approve donation of $3,881.76 from the State Forfeiture Funds to the Global Business Development Center - Entrepreneurship Institute (GBDCEI). 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. GBDCEI is a non-profit corporation that has a vision of having a tangible impact on youth, homelessness and disenfranchised citizens of Florida. GBDCEI recognizes that traditional employment scenarios are not always a good fit for everyone and for that reason emphasis is placed on entrepreneurship education, life skills and drug prevention education. This donation fulfills both BBPD's legal obligation under Florida State Statute 932 and the strategic intent of the department's mission. How will this affect city programs or services? This donation will assist with creating opportunities and professional development for youth in the community. GBDCEI provides aid in economic development by assisting public and private sector entities, individuals, small business owners and youth to address financial literacy, wealth building, job creation and homelessness. Emphasis is placed on developing leadership, life, and entrepreneurial skills of young entrepreneurs; aiding in the reduction of crime recidivism rates, school dropout rates and increasing job skills and job creation. The Boynton Beach Police Department remains committed to building public trust and partnerships in the community. GBDCEI has been a true leader within the community and is an invaluable partner of the Boynton Beach Police Department. Fiscal Impact: Funding is available in account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is: $$165,516.39. Alternatives: Not Approving. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 48 of 1174 Is this a grant? No Grant Amount: Attachments: Type ME)iryw..) Description C.'OBC IEii'itir'Eslpir'Esll'IEsL.Jlir's�h�itp ME)irno Page 49 of 1174 Boynton Beach Police Department is requesting Commission approval to make a $3,881.76 donation to GBDC Entrepreneurship Institute, a trusted community partner. GBDC Entrepreneurship Institute provides financial literacy, life skills training, job creation, homelessness assistance, and drug prevention awareness education programs to disenfranchised individuals in our community between ages 10 to 24. The Boynton Beach Police Department wishes to continue its support of organizations that are deeply rooted in community involvement, youth empowerment, and those who develop programs to reach our diverse community. GBDC Entrepreneurship Institute acknowledges that there are individuals in our community who may experience challenges with traditional employment. As such, the organization places emphasis on entrepreneurship education, capacity building of small and medium enterprise, and professional development of young and future entrepreneurs. The one-time donation of $3,881.76 will assist GBDC Entrepreneurship Institute to continue in their mission of engaging individuals to become more socio and financial literate, assist with the reduction of recidivism as well as the reduction of school dropout rates. This requested donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. The amount will be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund), which has a current account balance of. $165,157.62. Professionalism * Respect - Integrity - Da i a iori - Excellence .. wwwdll,iulbpd or Page 50 of 1174 1" Consent Agenda 10/19/2021 Requested Action by Commission: Approve donation of $3,957.06 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. 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. This donation fulfills both BBPD's legal obligation under Florida State Statute 932 and the strategic intent of the department's mission as the funds will be used for crime prevention through coaching, mentoring, promoting growth personally, socially and academically. 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 is an invaluable partner of the Boynton Beach Police Department. Fiscal Impact: Funding is available in account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is: $165,516.39. Alternatives: Not Approving. Strategic Plan: Strategic Plan Application: Page 51 of 1174 Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type AttachirTIENI'lt Description C011'1111Esa�,t taxa (.,)ir'Esat1['1E)SS IMENryr.) Page 52 of 1174 Michael G.. Gregory The Boynton Beach Police Department has had a long-standing relationship with community partner, Connect to Greatness, Inc. (CM). The organization provides hands on experience on career interest to high school students to help foster their development into future leaders. One of the primary objectives of C2G is to, "ignite the curiosity and creativity of African American / Black Boys and empower them to re -imagine their lives personally, socially, and academically with an innovative mindset." Given the organizations positive influence on the youth in our community, the Boynton Beach Police Department is requesting Commission approval to make a $3,957.06 donation to Connect to Greatness, Inc. from the Law Enforcement Trust Fund. The Department is committed to community involvement, youth empowerment programs, and public private partnerships that share the same vision. The C2G organization intends to continue to expose alternative and promising program 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, Inc. achieve its goal of enriching the lives of adolescent males in our community. Additionally, the Boynton Beach Police Department remains committed to building public trust and partnerships in the City of Boynton Beach, and our support of C2G will reinforce the department's mission and commitment to the community. Connect to Greatness, Inc. has been a true leader in challenging young males to focus on emotional wellness, and to become socially and environmentally responsible. Due to their positive impact and their continued goal of empowering our youth, C2G will always be viewed as an asset to the Boynton Beach Police Department. This is a one-time donation expense that fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. The amount will be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund), which has a current account balance of. $165,157.62. Professionalism , Respect„ Integrity Y- Dedication - Excellence www,bbpd.org Page 53 of 1174 6.E. Consent Agenda 10/19/2021 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 policing. BBPD remains committed to positively influencing young people within the community through financial assistance, mentorship opportunities or employment programs, all of which this donation helps to fund. This donation fulfills both BBPD's legal obligation under Florida State Statute 932 and the strategic intent of the department's mission. How will this affect city programs or services? This program is instrumental in the pipeline of developing and recruiting youth in the community to serve as BBPD personnel. It is a key link to ensuring that the future population of the BBPD is reflective of the community as it allows talent to be drawn directly from the resident population. Fiscal Impact: Funds available in account # 691-5000-590-04-25 (Law Enforcement Trust Fund - State). The current account balance is: $165,516.39. Alternatives: Not Approving. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 54 of 1174 Type Description Boy SCC)LAtS of ArTIE)rica IM E) iryK.,.) Page 55 of 1174 Boy Scouats ofAmerica Gulf Stream Council The Boy Scouts of America (BSA) serves the youth in our community by introducing teens to future careers in law enforcement, and by mentoring their growth and development during the adolescent years. BSA places great emphasis on encouraging children and young adults to achieve their full potential by equipping them with life skills, community engagement, and leadership development. The Boynton Beach Police Department is proud of the positive influence that BSA has had on the community, and the department is committed to organizations that fosters youth empowerment. Given the organizations positive influence on the youth in our community, the Boynton Beach Police Department is requesting Commission approval to make a $4,000.00 donation to Boy Scouts of America from the Law Enforcement Trust Fund. This donation will have a positive impact in helping Boy Scouts of America achieve its goal of enriching the lives of the participants of the department's Police Explorer Program. The Police Explorer program has had tremendous success in providing educational training curriculum for young adults on the purposes, mission, and objectives of law enforcement. The Explorer Program also offers career orientation experiences, leadership opportunities, and community service activities to help young adults choose a career path within law enforcement, and to challenge them to become responsible citizens of their communities and the nation. As such, the Boy Scouts of America will always be viewed as an asset to the Boynton Beach Police Department. This is a one-time donation expense that fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. The amount will be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund), which has a current account balance of: $165,157.62. Professionalism lis expect -, Integrity �, Dedication - Excellence www.lbbpd.org Page 56 of 1174 6. F. Consent Agenda 10/19/2021 Requested Action by Commission: Approve donation of $3,915.23 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 will help 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 BBPD's legal obligation under Florida State Statute 932 and the strategic intent of the department's 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: Funding is available in account 691-5000-590-04-25 (Law Enforcement Trust Fund). The current account balance is:$165,516.39. Alternatives: Not Approving. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 57 of 1174 Type Description Schobir Ca ir'E�'E)r Coachiing, II IIIC- ME)iryw..) Page 58 of 1174 Lori 1,aeu-rnere Ci¢y Manager Scholar C-areer C.bachin , Inc. The Boynton Beach Police Department has had a long-standing relationship with community partner, Scholar Career Coaching, Inc. The organization serves the youth in our community by offering college and career readiness programs, specifically for Boynton Beach High School students. Scholar Career Coaching, Inc. provide services that reinforce students' growth through college and career readiness, financial literacy, and soft skill trainings. Due to the organization's positive impact and continued success of empowering high school students to prepare for a higher education, the Boynton Beach Police Department is requesting Commission approval to make a $3,915.23 donation to Scholar Career Coaching, Inc. from the Law Enforcement Trust Fund. This donation will help Scholar Career Coaching, Inc. continue their goal of providing academic mentoring and coaching, scholarship assistance, tutoring opportunities to students to prepare them for their future post high school. This is a one-time donation expense that fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. The amount will be drawn from account 691-5000-590-04-25 (Law Enforcement Trust Fund), which has a current account balance of. $165,157.62. Professionalism Rexpect Integrity Dedication Ell .�..�..��., www.I�.)bpd.org Page 59 of 1174 MCI Consent Agenda 10/19/2021 Requested Action by Commission: Approve the piggyback of ITB No. 2021-113 Resolution 82-2021 issued by the City of Stuart for the supply and delivery of Anhydrous Ammonia at the unit price of $.79 per pound ($4.108 per gallon) to Tanner Industries, Inc. for an estimated annual expenditure of $50,000. The City of Stuart complies with government bid requirements and is equal to and/or exceeds the City of Boynton Beach procurement requirements. Explanation of Request: Contract Term: October 1, 2021 to September 30, 2023 The City of Stuart solicited sealed bids for Anhydrous Ammonia and awarded Tanner Industries, Inc. as the lowest responsive and responsible bidder for the purchase and delivery of anhydrous ammonia in bulk loads in accordance with the prices identified in "Exhibit A". This is a 2 -year contract with the option to extend the contract for three additional one-year terms. Ammonia is combined with Chlorine to create chloramines for disinfection of drinking water. Both Water Plants disinfect drinking water with chloramines to kill viruses and bacteria, while also keeping disinfection byproducts from chlorine below EPA standards. Water quality is of critical importance to the Utilities Department. The procurement of Anhydrous Ammonia allows the City to comply with the regulatory standards of safe water. How will this affect city programs or services? Reduced or no disinfection to the drinking water would pose great risks to public health and prevent the water treatment plants from meeting State and regulatory water quality standards. Fiscal Impact: Budgeted in Expenditure Line Item: 401-2811-536.52-35 - $50,000 Expenditures for FY 2019: $33,928.51 Expenditures for FY 2020: $29,407.84 Expenditures for FY 2021 to date: - $27,827.03 Alternatives: The City of Boynton Beach could issue its own bid but would likely receive higher pricing. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 60 of 1174 Is this a grant? No Grant Amount: Contracts Vendor Name: Tanner Industries, Inc. Start Date: 10/1/2021 End Date: 9/30/2023 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Three (3) additional one-year renewals Attachments: Type D Exhibit D Riggy lBack Description ExhibitA T,'.-'.iin1['1E)1r' lindUlstriE)S CRY Of StUiart Aw..'ird NotiCE) Riggybac,k I E)ttENr firoirn T,,.-'.iin1['1E)ir' IIindUlstriE)S,1111c, tO thE) City of BoyintoinBE�,ach Page 61 of 1174 September 17, 2021 Tanner Industries, Inc. Attn: Matt Tanner 735 Davisville Road Southampton, PA 18966 Subject: Notice of Award: Notice of Intent to Award for ITB No. 2021-113: Chem ica Is-WTP/WR IF Dear Mr. Tanner, The Stuart City Commission awarded 1713 No, 2021-113: Chem ica Is-WTP/WRF, to your firm on August 13, 2021, for Anhydrous Ammonia at this unit price of $4.108 per gallon for the estimiated', annual amount of $74,971.00. Please consider this your formal notice of award. The City of Stuart requests that if you haven't provided already, please provide a certificate of insurance with The City of Stuart listed as the additional insured and certificate holder. The City of Stuart looks forward to a mutually beneficial business relationship. If you have any questions, please feel free to contact me by email at L�qM-- @i_:rJ.SWUULUS or call me at (772) 288-5320, Sincerely, Alaina Knofla Procurement Analyst City of Stuart, Florida c: 2021-113 ITB File Utilities and Engineering Page 62 of 1174 BEFORE THE CITY COMMISSION CITY OF STUART, FLORIDA RESOLUTION NUMBER 82-2021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO APPROVE THE AWARD OF ITB NO. 2021-113, CHEMICALS FOR WATER TREATMENT PLANT/WATER RECLAMATION FACILITY TO THE LOWEST, MOST RESPONSIVE RESPONSIBLE BIDDERS, ON AN AS NEEDED BASIS, TO THE FOLLOWING FIRMS, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA that: SECTION 1: The City Commission of the City of Stuart, Florida approves the award of ITB No. 2021-113 to the lowest most responsive and responsible bidders for the purchase of chemicals on an as -needed basis to operate the Water Treatment Plant/Water Reclamation Facility. This contract will be awarded for a two year period with the option to renew for three additional one year periods. The chemicals and bidders involved are as stated below: Item Vendor Chemical Per Gallon 1 Allied Universal Corporation Liquid Sodium Hypochlorite $.0767 2 Chemrite Inc. Sodium Hexametphosphate $1.24 3 Florida Chemical Supply Inc. Hydrofluorosilicic Acid $3.59 4 Florida Chemical Supply Inc. Hydrochloric Acid $2.42 5 Tanner Industries, Inc. Anhydrous Ammonia $4.108 6 Polydyne Inc. Polymer Cationic Liquid $12.90 Page 63 of 1174 Resolution No. 82-2021 Approve Award of ITB #2021-113, Chemicals-WTP/WRF SECTION 2: This resolution shall take effect upon adoption. Commissioner MCDONALD offered the foregoing resolution and moved its adoption. The motion was seconded by Commissioner BRUNER and upon being put to a roll call vote, the vote was as follows: EULA R. CLARKS, MAYOR MERRITT MATHESON, VICE MAYOR BECKY BRUNER, COMMISSIONER TROY MCDONALD, COMMISSIONER MIKE MEIER, COMMISSIONER ADOPTED this 13th day of Stember 2021. ATTEST: MA° " R'`` INDEL CImI CLERK APPROVED AS TO FORM AND CORRECTNESS: MIC1 I u J: O TELL, E,.',,' CITY ATTORNEY m . — .:: ... EULA R. 6L1 MAYOR Page 64 of 1174 ily "121 SW 1-1aglei"Averwe a, Stum t * F�:c)irkla 34994 Depart rill'ient of Rrianca6: Services ")Il'i' vilisillo 1111 qgiirt R us L 7'7'2 288-5320 e FAX 772 1500-1202 ITB No. 2021-113 CHEMICALS FOR THE WATER TREATMENT PLANTIWATER RECLAMATION FACILITY Event Date Date ITB Issued June 9, 2021 Due date for questions ITB Due Date July 6, 2021 July 15, 2021 . . . . ........ . . .... ITB 2021-113: Chemicals-"WTP/WRF ..................... Page 1 Page 65 of 1174 City VIII' T IIIlll1 2021 1113 Chimmnicai^s for, ttwma Water "Tiiroatuurnouurmut IIRIarit/ atc.ir'° Fiiirua frnoot Reclaiiiinatioiin 11111aliiiilllE'it, Advertisement The City encourages E -Bidding through DemandStar at 1.tM l://nehf wormm lkr.demT n;(imm tai ,. o11. Bids for Chem icals-WTP/WRF will be received by the City of Stuart at the Procurement Office, 121 S.W. Flagler Ave. Stuart, Florida 34994, by July 15, 2021 at 2:30 P.M. If submitting via mail than please submit an original, two (2) copies and one (1) electronic copy (PDF format preferred) on a CD or flash drive must be submitted in sealed envelopes/packages addressed to Purchasing Division, City of Stuart, and marked "ITB 2021-113, Chem ical-WTP/WRF. Submittals received after that date and time will not be accepted or considered and will be retained in the Procurement Office unopened. A complete bid package can be obtained by contacting the Procurement Office at 772-288-5320, QvgL.s.tu.art,fl US or from DemandStar at 1p mf.mrnaiindsiiar.m��� Ti or by calling (800) 711-1712. The City of Stuart is not responsible for the content of any bid package received through any 3rd party bid service or any source. Mail/Overni htlHand Deliver Submittal Res onses to: Stuart City Hall Procurement Office 121 S.W. Flagler Avenue Stuart, Florida 34994 Mark outside of envelope: ITB# 2021-113, Chemicals-WTP/WRF Dated: June 2, 2021 Published: June 9, 2021 ITB 2021-113: Chemicals- WTP/WRF Page 2 Page 66 of 1174 INVITATION TO BID FOR: Chemicals for the Water Treatment Plant/Water Reclamation Facility DATE: June 9, 2021 DEPT: Utilities and Engineering BID NUMBER: ITB No. 2021-113 THIS IS NOT AN ORDER Bids will be opened and publicly read aloud at City Hall, 121 S.W. Flagler Ave., Stuart, FL at 2:30 pm on July 15, 2021. Please attach this completed form as the top sheet for all bids submitted. Bid bonds, if required, may be in the form of a Surety Bond, Cashier's Check or Certified Check (checks payable to The City of Stuart). 3idder's Name Company Name q �rV%lti Street Address City, State, Zip PA I 'Uel Total Amount of Bid (..:..0 .. Stuart City Hall Procurement Office 121 S.W. Flagler Avenue Stuart, Florida 34994 Firm Name N Authorized Signature (Manual) Name/Title (Please Print) Date Email Address Telephone Number 1J x'22 -ai Facsimile Number ITB 2021-113: Chemicals- WTP/WRF �.�mm........��..........��.........._.._......__.... ._........ �m.�. Page 3 Page 67 of 1174 INSTRUCTIONS TO BIDDER Al Each bidder shall furnish the information required on the bid schedule and each accompanying sheet thereof on which he makes an entry. Offers submitted on any other format are subject to disqualification. A2 All bids must be submitted in a sealed envelope plainly marked on the outside with the invitation to bid number, date and time of opening. received A3 If not submitting electronically then please provide an original, two (2) copies and one (1) electronic copy (PDF format preferred) on a CD or flash drive must be submitted in sealed envelopes/packages addressed to Purchasing Division, City of Stuart by the due date and time. Submittals retained in the Procurement Office unopened. A4 It is the bidder's responsibility to assure that Bids are received in the City of Stuart Procurement Office, 121 SW Flagler Avenue, Stuart, Florida 34994, not later than 2-30 p.m., on the day and date shown above. Any received after this date and time will not be accepted or considered and will be returned unopened to the bidder. No telegraphic or facsimile offers will be considered. Bids will be opened and read aloud aria Zoom you may join by logging into: Join Zoom Fleeting 6�i 2!y2 all p!Z! Fleeting IIS: 840 9176 6824 Passcode: 357284 One tap mobile +16465588656,84091766824# US (New York) 13017158592,84091766824# US + (Washington 0C) [dial by your location +1646 558 8656 US (blew York) +1 301 715 8592 US (Washington DC) +1312 626 6799 US (Chicago) +1669 900 9128 US (San Jose) +1253 215 8782 US (Tacoma) +1346 248 7799 US (Houston) Meeting 10: 840 9176 6824 Find your local numbere .h((y rmm�6i � b r r' r rwr...kli� m(mYa l AB Please check your prices before submitting your bid, as no change in prices will be allowed after the opening. All prices and notations must be in ink or typewritten. Be sure your bid is signed. AS All items quoted must be in compliance with the specifications. Alternate bids will not be considered unless they are specifically called for in this solicitation. ITB 2021-113: Chemicals- WTP/WRF Page 4 Page 68 of 1174 A10 Any actual or prospective bidder who protests the reasonableness, necessity or competitiveness of the terms and/or conditions of the invitation to bid, selection or award recommendation shall file such protest in writing to the Stuart City Manager with a copy to the Financial Services Director. All Questions relative to interpretation of specifications or the solicitation process shall be emailed to: ,,,,,,,,,W,,,,;;,,,,,,,,,,:,,m,w,,,,,,„,,,,,,,,,,,,,;,,m,,,,,,,,,,,w,w.,,,,,,,,, mm„fi.„i.t 7 days prior to the period set date for the receipt of bids. Any interpretations, ru ai�;i oar u.stii.auiMl............. clarifications or changes made will be in the form of written addenda issued by the Procurement Office. Oral answers will not be authoritative. Al2 It will be the responsibility of the bidder -to contact the Procurement Office prior -to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with their bid. The Procurement Office is located at 121 SW Flagler Avenue, deliverytelephone # (772) 288-6320, Fax (772) 600-0134, and email us. A13 Product perform within delivery deadline(s) set forth in the specifications or any other contract document shall constitute default. A14 the bid which in its sole judgment best serves the interest of the City. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to or be borne by the City. A16 Goods, services, supplies or equipment covered in the specifications shall be delivered F.O.B. [destination. A16 The City may accept any item or group of items on any bid unless the offerer qualifies his bid by specific limitations. A17 Divisions from the time of the issuance of -the solicitation or advertisement until such time as -the agency provides notice of an intended decision or until 30 days after opening "the bids, whichever is earlier. Any questions from bidders or evaluating Departments or Divisions will be answered through the Procurement A18 instructions pertaining to supplies and services. In the event of extension error(s), the unit price prevail, and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail, and the Bidders -total will be corrected accordingly. Bids having erasures or corrections must be initialed in ink by the Bidder. A20 Bidders must register with Demand tar in order to receive ail required documents and notification of addenda. Register for FREE at:L/w lu�r��riaM �1rtiiim, '�l�li,Il�.��i l�aP"'„ �......... ....................... �..� ._._..._ ........... _. _..... ...._....w,. �a ITB 2021-113: Chemicals- WTP/NVRF Page 5 Page 69 of 1174 PART I GENERAL INFORMATION n"I 911110M -Mn The purpose of this bid is to purchase various chemicals on an "as needed" basis delivered to the City of Stuart locations as designated on the purchase order shall include all labor, materials, supplies, transportation, and related services. Chemical will be ordered on an "as needed" basis for the term of the agreement. Procurement Office Stuart City Hall 121 SW �M IIl li li�,fltil The City will not respond to oral inquiries. Interested bidders may contact the Procurement Office, regarding questions about the bid at email I wmch a)ITuiIT wflU t or facsimile: (772) 600-1202. The Procurement Office will also receive written requests for clarification concerning the meaning or interpretation of this Bid, until ten (10) days prior to the submittal date. Questions shall be faxed or emailed with reference to the ITIS number. All bidders are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication with the City prior to opening of the proposals. 1.3 DELAYS The City may delay scheduled due dates, if it is to the advantage of the City to do so, The City will notify bidders of all changes in scheduled due dates by written addenda submitted to the City. Stuart City Hall Procurement Office To facilitate processing, please mark the outside of the envelope as follows: ITB #2021-113 "Chemicals- WTPIWRF" The envelope shall also include the bidder's return address. Respondents shall submit one (1) original and two (2) copies of the proposal submittal with each marked "COPY", and one () electronic copy (PDF format preferred) on a CD in a sealed envelope marked as noted above. A bidder may submit the proposal by personal delivery, mail, or express shipping service. proposals.proposals directly to the City's Procurement Office, as specified above, prior to the deadline set for receiving proposal closing time. A proposal received by the City Procurement Office after the established deadline will be retained unopened. ....._._ _ ........... .......__......._ �... ......�.................. _.._. �.....� ......... ITIS 2021-113: Chemicals- P RF Page 6 Page 70 of 1174 with Chapter 119, Florida Statutes. 1.6 ADDENDA for Proposals. All addenda issued by the City of Stuart in regard to this ITB shall be acknowledged. Failure to acknowledge all addenda may result in disqualification. The City will make every effort to notffyregistered Bidders by email that an addendum has been made to the ITI3. The City shall not be responsible for providing notice of addenda to potential bidders who receive a package from sources other than the City or DemandStar. All addenda issued by the City must be acknowledged within the proposal at the time it is submitted to the City. 1.6 lJ OPPORTUNITY The City recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women owned business enterprises, 1.7 INSURANCE required insurance coverage for the full term of this agreement or for such longer periods as may be specifically required herein. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and rated no less than "B" as to management and no less than Class "Vill" as to strength in accordance with the A.M. Best Company Insurance Guide, or its equivalent as determined by the City in its sole discretion. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money whi may represent a deductible in any insurance policy. The payment of such deductible shall be the so responsibility of the professional and/or subcontractor providing such insurance. Worker's Compensation Insurance- The professionaliservice provider shall maintain during the life of th Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this proje that complies fully with the State of Florida Worker's Compensation Law, F.S. 440. General Liability: The Proposer shall, during the life of this agreement take out and maintain broad fo I Commercial General Liability including but not limited to bodily injury, property damage, contractual liabilit, products and com,,,,,)Ieted o�verafions, and $1,000,000 aggregate covering all work performed under this Contract. Include broad form property damag (provide insurance for damage to property under the care custody and control of the contractor) Business Automobile: maintain Business Automobile Liability form with coverage for symbol I (any auto) with limits of not less th $1,000,000.00 combined single limit or $500,000.00 per person/ $1,000,000.00 per accident bodily injury an $250,000.00 per accident property damage. Certificates of Insurance: The Proposer, upon notice of award, will furnish Certificate of Insurance Form These shall be completed by the authorized Resident Agent and returned to the Purchasing Office. Th certificate shall be dated and show: I ITIS 2021-1130 Chemicals- WTPMRF Page 7 Page 71 of 1174 a) The name of the insured contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, and its termination date. b) Statement that the Insurer will mail notice to the City at least thirty (0) days prior to any material changes in provisions or cancellation of the policy. c) The City of Stuart is to be specifically included as an ADDITIONAL INSURED on General Liability Insurance and Business Automobile Liability Insurance. d) The City of Stuart shall be named as Certificate Holder. Please Note that the Certificate Holder should read as follows: City of Stuart Stuart, FIL 34994 e) No City Division, Department, or individual name should appear on the certificate. NO OTHER FORMAT WILL BE ACCEPTABLE. f) The "Acord" certification of insurance form should be used. 1.9 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit proposals or contract with the City for construction of a public building or public works; may not submit bids for leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided for in s. 237 for CATEGORY TWO for a period of 36 months from the date being placed on the convicted vendor list. Questions regarding this statement should be directed to the State of Florida, Bureau of State Procurement (350) 433-3440. 1.10 SUSPENDED VENDOR An entity or affiliate who has been placed on the State of Florida Suspended Vendor List will not be considered for award. The Suspended Vendor List is available on the State's website at: �jlp- L w ori I ugsine s µl,a �ttgp /tett e rr lrrli lii g ui dqriunfbirina ion 1.11 ASSIGNMENT &SUBCONTRACTING The successful bidder will not be permitted to assign its contract with the City without obtaining prior written approval of the City of Stuart. If a vendor subcontracts any portion of a contract for any reason, the bidder must include, in writing the name and address of the Subcontractor. Name of the person to be contacted, include telephone number and extent of work to be performed. This information is to be submitted with bid response. If vendor should need to change subcontractor information, changes are subject to the approval by the City. The City reserves the right to reject a proposal of any bidder if the proposal names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contract of a similar nature, or who is not in a position to perform properly under this award. 1,12 PUBLIC RECORDS Bids become "public records" and shall be subject to public disclosure consistent with Chapter 119.07 Florida Statutes. Document files may be examined, during normal working hours by appointment. Requested information in this ITB will not be considered confidential and/or proprietary. _��� � ��...._�.������...._____- �.._�....�..............__.. �..�.�..��������_.............. . �.__ m....���... _....��...._....... Page :. ITB 2021-113: Chemicals- WTP/WRF g Page 72 of 1174 PUBLIC RECORDS LAW: Public Records Relating to Compliance, Request for Records; Noncompliance, & Civil Action Note: 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 office of the City Clerk as the custodian of Public Records for the City of Stuart, and all the respective departments at III;ulliicieco�idllll.^ st�ietu �rt.fl.W , City of Stuart, City Clerk 121 SW Flagler Avenue, Stuart, FI. 34994 per F.S. 119.12. In compliance with F.S. 119.0701 the Contractor shall: A) Keep and maintain public records required by the public agency to perform the service. B) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor 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. A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. If a contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under F.S. 119.10. If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. ITB 2021-113: Chemicals- WTP/WRF Page 9 Page 73 of 1174 A notice compiles with subparagraph 2 above, if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within eight () business days after the notice is sent is not liable for the reasonable costs of enforcement. 1.13 LICENSES Bidders, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of bid receipt. The proposal of any Bidder that is not fully licensed and certified shall be rejected. 1.14 BUSINESSTAX RECEIPT Bidder shall comply with Business Tax Receipt requirements for their business location. A copy of the business tax receipt or proof of exemption shall be submitted prior to awarding the bid. 1.15 OTHER GOVERNMENTAL ENTITIES When there is sufficient capacity or quantities available, awarded bidder may provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms, conditions, and prices of the bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. Each governmental entity allowed to use this contract shall do so independent of any other governmental entity. 1.16 CONTRACT AMENDMENT The City reserves the right to delete, add or revise locations under this proposal at any time during the contract term when and where deemed necessary. If any locations are added or deleted from the contract, the rate quoted shall be used to determine the adjusted contract price. 1. 17 NON-EXCLUSIVE CONTRACT CONTRACTOR agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. 1.18 ESTIMATED UA TITI It shall be understood and agreed that quantities designated herein are estimated only and may be increased or decreased in accordance with the actual requirements of the City. The City may require modifications and changes to this contract, as it relates to quantities, areas, frequency of services and specified services. The Contractor shall provide the City with the cost for such additional services. All rates shall be in accordance with the unit cost structure submitted by the contractor and accepted by the City. 1.19 DEFAULT In the event that the Contractor cannot respond adequately to the needs of the City by reason of equipment failure or any other reason, the Contractor shall advise the City, as soon as possible, and further advise as to the length of said inability. The City may then consider said inability to be a breach of this Contract and may undertake the necessary work through its own services or those of another Contractor. The City shall have the right to deduct the cost incurred in having to provide said services from the payments to be made to the Contractor under this Contract. 1.20 BACKGROUNDINFORMATION ITB 2021-113: Chemicals- WTPIWRF Tag 7el Page 74 of 1174 As part of the evaluation process, the City reserves the right, to require a Bidder to submit such evidence of his/her qualifications as it may deem necessary, and may consider any evidence available to it as to the qualifications and abilities of the Bidder, including past performance (experience) with the City by the Bidder or any of their Owners. 1.21 COMPETENCY OF RESPONDENTS Proposals will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this ITB and who can provide evidence that they have established a satisfactory record of performance to insure that they can satisfactorily execute the services under the terms and conditions stated herein. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 1.22 SCRUTINIZED COMPANIES LIST Pursuant to Sections 287.135, 215.4725, and 215.473, of the Florida Statutes which prohibits agencies from contracting with any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, participation in the Boycott of Israel, the Scrutinized Companies with Activities in the Iran Petroleum Energy List, and is not engaged in business operations in Cuba or Syria are prohibited from contracting for goods or services in any amount at the time of submitting to this ITB through the term of this contract, including renewals or extensions. If firm is found negligent, contract shall be terminated; and submission of a false certification may subject firm to civil penalties, attorney's fees, and/or costs; may not transact business with any public entity for a period of 36 months. Questions regarding this statement should be directed to the State of Florida, Bureau of State Procurement (850) 488-8440. 1.23 CONTRACT MODIFICATIONS In addition to changes made under the changes clause, any contract resulting from this solicitation may be modified within the scope of the contract upon the written and mutual consent of both parties, and approval by appropriate legal bodies in the City of Stuart. 1.24 THE CONTRACT Notice of award by the City of Stuart will constitute acceptance of the Bid. This bid package, including all terms, conditions and specifications, signed by the successful bidder along with the documentation included in the bidder's submittal as required by this Invitation to Bid and other additional materials submitted by the bidder and accepted by the City shall constitute the contract. After notice of award, a valid certificate of insurance shall be issued to the City within 10 days. A blanket purchase order will serve as the contract with an effective date. PART II SCOPE OF WORK 2.1 PURPOSE The purpose of this bid is to purchase various chemicals on an "as needed" basis delivered to the City of Stuart locations as designated on the purchase order shall include all labor, materials, supplies, transportation, and related services. Chemical will be ordered on an "as needed" basis for the term of the agreement. Material Safety Data Sheet and Certificate of Analysis In compliance with Florida's Occupational Safety and Health Statute (Chapter 442) any commodity delivery as a result of this bid must be accompanied by a current MSDS and Certificate of Analysis (COA) with bid package submittal and with each receipt of order. Note: It is incumbent upon all bidders to include information sufficient in detail to allow for an informed decision process. ITB 2021-113: Chemicals- WTP/WRF _._... _ ..._... Page11 Page 75 of 1174 Codes & Regulations: Goods must be in accordance with the following: W National Science Foundation (NSF) American Water Works Association (A A) r Conformance with any other applicable local codes and standards Contractor Responsibility: A. The bidder shall be responsible for the protection of property in the areas appointed for delivery against spills. Contractor is responsible for clean-up of any spills. B. It is hereby made a part of this agreement that before, during and after a public emergency, disaster, hurricane, flood or Act of God that the municipal government, through the City of Stuart, shall require a "first priority" basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety. Delivery Requirements All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims). The successful bidder shall be fully responsible for any and all travel expenses and/or delivery/transport charges to and from destination. Exact delivery points will be indicated on the purchase order. All bid prices shall be delivered price. The City will not be responsible for separate delivery fees. Delivery is requested within 72 hours after receipt of purchase order. Delivery coordination shall be made in advance with the City's Project Manager. No deliveries will be accepted before 7:00am or after 3:00pm. The City will not be responsible for separate delivery fees. Back -orders shall be made known to the City at time of order placement. Failure to supply deliveries within requested time period may result in contract cancellation. Delivery location is as specified below. Mater Treatment Plant: 1002 Palm Beach Road, Stuart, Florida 34994 Water Reclamation Facility: 301 BE Stypmann Boulevard, Stuart, Florida 34994 1411 material shall conform to Florida Department of Transportation Standard Specifications latest edition. The successful bidder upon receipt of a purchase order shall assure the The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items requested. Any deviation from specifications listed herein must be clearly indicated, otherwise it will be considered that items offered are in strict compliance with these specifications, and the successful bidder will be held responsible therefore; exceptions must be explained in detail on an attached sheet(s) and itemized by number. Any item(s) that does not meet City specifications upon delivery will not be accepted and if the item cannot be brought up to specifications in a reasonable time, the Bidder will be ITB 2021-113: Chemicals- WTPMRF Page 12 Page 76 of 1174 required to compensate the City for the difference in price entailed in going to the next qualified bidder. Bidders offering equivalent items must meet the exact physical data given for the 66as specified" Technical Specifications The intent of this solicitation is to receive bids for the product specified. The materials specified cannot be substituted with any other materials. City of Stuart personnel shall make all deterrninations of equivalence and compliance with specifications. Those determinations shall be final. These specifications are based on a particular level of performance required to be responsive to this ITB. Determination of whether an alternate product be offered, a detailed description of specifications must be submitted and included with your bid. Failure to comply will result in disqualification of the bid submittal as non-responsive. Vendors will describe hove they comply when asked to specify their compliance. 2.2 EQUIPMENT All equipment to be utilized by the successful bidder to perform the work as detailed herein must be approved by the Utilities & Engineering Director, or his designee. The contractor specifically agrees to remove and replace any equipment judged by the City to be poorly operating, excessively noisy or dirty or in any other meaningful way disturbing to the public welfare. The work will be conducted under the general direction of the Utilities and Engineering Director or designee and is subject to inspection to ensure compliance with the terms of the bid. The Utilities and Engineering Director or designee will make final inspection of the work covered by this contract when it is completed and finished in all respect in accordance with specifications and must be approved before payment is made. The contractor will notify the City upon completion of replacement, repair or maintenance and the City agrees to provide inspection of the reported work within two (2) working days following the report of work completion. Any work found to be unsatisfactory by the City shall be reported to the contractor within that same period. The contractor agrees to finish all work to the satisfaction of the City, at no additional cost, prior to receiving payment for such work, The City requires a firm price for each contract period. Invoices will be checked to confirm compliance with quoted pricing. Failure to hold prices firm through each contract term will be grounds for contract termination. Payment will be made upon completion and acceptance of the work, net 30 days. B. Inclement Weather Conditions: Upon approval by the Utilities & Engineering Director or designee, the Contractor may cease operations of services during inclement weather conditions. C. Observed Holidays New bear's Day Memorial Day Labor Day Thanksgiving Day & Day After Martin Luther Ding Day Independence Day Veteran's Day Christmas Day & Christmas Eve ........_.... ..W ........_____-w..ww.,..... ................ . . ..­._....._............ ITB_ w - � ..._.....-.��� _ �.-.....� ...�.�.��........�� �.. 2021-113: Chemicals- WTP/WRF Page 13 Page 77 of 1174 At all times during the term of the contract, the successful Contractor shall act as an independent Contractor and at no time shall be considered an agent or partner of the City. Contract Period This contract shall be awarded for an initial term of two () year subsequent to approval by the City Commission. The contract may be renewed for three () additional one-year periods provided both the successful bidder and the City agree and all terms and conditions remain the same. Any contract oramendment resulting from this solicitation shall be subject to fund availability and mutual written agreement between the City and the successful bidder. Extension of the contract for additional thirty (30) day periods, not to exceed 6 months, for the convenience of either party shall be permissible at the mutual consent of both parties. ption to Extend The performance period of any contract resulting from this solicitation may be extended upon mutual agreement between the contractor and the City of Stuart with no change in terms or conditions. Any extension of performance period under this provision shall be in one-year increments. The contract may be renewed for two (2) additional one-year periods, provided both parties are in agreement. Total contract length, including individual one-year extensions, shall not exceed three (3) years. Prior to each annual renewal, the City may consider price adjustment(s) o I when a written request is received a minimum of ninety ( 0) days prior to the renewal date for review and approval by the City. Any price increases must be reasonable with justification, documented and approved by the City of Stuart. It is also expected that de-escalation of prices will be extended to the City if the market so reflects. Contract Amendment The City may require additional items of a similar nature, but not specifically identified in the contract. The Contractor agrees to provide such items/services and shall provide the City prices on such additional items or services based upon a formula or method which is the same or similar to that used in establishing the prices in this bid. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items/services from other vendors or to cancel the contract. Furthermore, the City reserves the right to delete or revise items and services under this bid at any time during the contract period when and where deemed necessary. Deletions may be made at the sole discretion of the City at any time during the contract period. Items revised must be mutually agreed upon in writing by the Contractor. Non -Exclusive Contract Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. 2.8 PUBLIC SAFETY AND CONVENIENCE In the Contractor's use of streets and parking lots for the work to be done under these specifications, he/she shall conform to all Municipal, County, State and federal laws and regulations as applicable. The Contractor shall at all times so conduct his/her work so as to ensure the least possible obstruction to normal pedestrian and vehicular traffic including access to all public and private properties during all stages of work, and inconvenience to the general public and the residents in the vicinity of the work, and to ensure the protection of persons and property, in a manner satisfactory to the Utilities and Engineering Director or appointed designee. There shall be no obstruction of the travel lanes between the hours of 7:00-9:00 am and 4:00-6:00 pm without approval from the Utilities and Engineering Director or designee. 2.9 PROTECTION OF PROPERTY ITB 2021-113: Chemicals- WTP/WRF Page 14 Page 78 of 1174 The Contractor shall provide all signs,_ take all necessary precautions to protect buildingswork shall be complete and personnel. All , every respect and accomplished in a satisfactory, workmanlike manner. The Contractor shall at all times guard against damage or loss to the property of the City of Stuart, including but not limited to safeguard sidewalks, curbing, road surfaces and motor vehicles on or around all job sites. Damage or repairing any such loss or damage at the expense of the Contractor. The City of Stuart may withhold payment or a, such deductions, as deemed necessary, to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or their agents. jl equipment, supplies, materials and work, against any damage resulting from the elements (such as flooding, rainstorms, wind damage, or other acts of God) or vandalism. 2011 BONDS ;; , and/orin respect to the supply and/or installation of the services and/or items as outlined under this bid/contract; the Bidder/Contractor certifies that the work will be done or the item provided is in compliance with the applicable ADA Standards Florida Accessibility Code for Building Construction. Standardsapplicable shop drawings will be submitted for review to ensure that the product or the work as required by thi bid is in compliance with the applicable ADA Code for Building Construction. 2.13 LIQUIDATED ITS 2021-113: Chemicals- P RF _.........._._...... ._ � ......... - Page 15 5 Page 79 of 1174 The Contractor shall pay to the party of the first part, as damages for non -completion of the work within the time stipulated for its completion, one hundred dollars ($100.00) for each and every day, which may exceed the stipulated time for its completion, is hereby agreed upon, fixed and determined by the parties hereto as liquidated damages that the party of the first part will suffer by reason of such default and not by way of penalty. The party of the first part is hereby authorized to deduct the said sum (as specified above) from the moneys which may be due or become due said Contractor for the work under this contract, or as much thereof as the Owner may, at its own option, deem just and reasonable. During inclement weather, all work which might be damaged or rendered inferior by such weather conditions shall be suspended. The orders and decisions of the Engineer as to suspension shall be final and binding. During the suspension of the work for any cause, it must be suitably covered and protected so as to preserve it from injury by the weather or otherwise. If the Engineer shall so direct, the rubbish and surplus material shall be removed. The Contractor shall not be entitled to any extension of time for delays resulting from weather unless the Contractor has requested, in writing, to the City by 11 am the day of the weather delay. If the Owner or Engineer orders the suspension of work due to inclement weather, the Contractor shall receive an extension of time for the full period when such suspension is in effect until the suspension is lifted by the Owner/Engineer. The party of the second part hereby admits and agrees that he has carefully read and considered the instructions to bidders herewith, and that he has made his proposal and hereby makes this Contract with full knowledge and acquiescence therein. 2.16 SUBCONTRACTOR The Contractor shall not sublet the whole or any part of the work without the written consent and approval of Procurement Office r. Within ten (10) days after official notification of starting date, the Contractor must submit in writing, to the Procurement Office, a list of all subcontractors. No work shall be done by any subcontractor until such subcontractor has been officially approved by the Procurement Manager. A subcontractor not a sea -he ProcureTgaLMana er- an a�t�ner: In all cases, the Contractor shall give his personal attention to the work of the subcontractors and the subcontractor is liable to be discharged by the Engineer for neglect of duty, incompetence or misconduct. 2.18 CONTRACT Notice of Award by the City of Stuart will constitute acceptance of the Bid. This bid package, including all terms, conditions, and specifications, signed by bidder along with the documentation included in the bidders submittal as required by this Invitation to Bid and other additional materials submitted by the bidder and accepted by the City shall constitute as the contract. After notice of award, a valid certificate of insurance shall be issued to the City within 10 days. A blanket purchase order shall be issued for the term of the award, which will serve as the contract. The department(s) will order requirement(s) on an "as needed" basis. All terms, conditions and prices of the bid are applicable. Only awarded bid items may be purchased. Vendor is to take all necessary steps to insure this requirement. Invoices must reference Purchase Carder. ITB 2021-113: Chemicals- WTP/WRF___._. ......... .,_ __....-w Page 16 Page 80 of 1174 Page 81 of 1174 P !!Z III RkIIIIIA """� Nj Il CA I'881A �kllll �AA°III °d r i r / 1 Item Chemical Individual Used at Physical Data Shipment i Compliance WTPIWWTP No. Description Quantities Maximum use level for Sodium j hypochlorite under NSF/ANSI Standard 60 - Maximum use in potable water is 84 I mg/L for 12.5% bleach and 100 mg/L for 10.5% bleach Density 1.10-1.30, SpG (12%) 1.202 I { Color: liquid=green-yellow Minimum strength of 120 grams per liter (12 trade percent by volume) Contaminant concentration limits: Ifs ra 1 Liquid Sodium Iron < 0.3 mg/L Copper < 0.3 mg/L j 5,000 gallon Nickel: < 0.3 mg/L Chlorate: < 2,500 mg/L combined WTP Yes❑No ❑' Hypochlorite deliveries, WVVTP Bromate < 20 mg/L Perchlorate < 20 mg/L Tanker Truck Suspended Solids Test Time < 3 minutes I � The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1,000 ml when applying the "Suspended Solids Quality Test for Bleach Using the Vacuum i Filtration" Method co-developed by Dr. Bernard Bubnis of NovaChem. _.S „ 0.62 @ 60 F, „_ PG.._ P.. ........ H+ 11.6 (1 N sol. In City owns a I m.. water) % volatile by volume: 100 1,000 gal Solubility in water: 33% @ 68F tank, i YesE]No 2 Anh drous Y Vapor density: 0.6 @ 32 F i ! WTP The average Ammonia Metallurgical Grade Anhydrous Ammonia delivery size is 18,825 gals I i ���� AWVVA t%nhea B703-06� 300 3 H drofluOfOSiIICIC Y Acid i allon No mo�e than 0 O% M to s gallon heavy deliveries, VVTP (Mercury, Lead, Bismuth, and Copper Yes❑No ❑ Tanker Truck ( expressed as Lead Hydrochloric . ° 31.45/o active ingredients j 55 gallon 4P 31.45%mur aticd ( acid) 68.Baume ° 5/o inert ( drums, Flat- bed Truck € Yes�No❑ uu 1 (20 drums) f Sodium Containless phosphorus t not less than 60 /o � P °50 pound ��� 5 Hexametphospha o multi walled ^ oxide 26.2 phosphorus, or 80.4 /° ; moisture I YesnNo� WTP on an as-is basis, of 1% I to phosphate pH Iu_I proof bags, i solution 5.7 — 7.3 I Enclosed Page 81 of 1174 3t '1 1 EI!! &FIECIFICATONS The typical order size will be one (1) Truck with pallet of50 bags (50 lbs each). lift -gate --------- - - ----------------------------- ..................... .......... . ___ ................ . . ...I I. ............ The cationic liquid polymer at the Water 1,430 gallon A) a 41 �'(A Reclamation Facility is used for sludge 6 Cationic Liquid drums, Flat- ewatering with a belt press, price per clDO El VVWTP Polymer gallon sold in 1,430 -gallon containers @ bed Truck Yes 42% active content with lift -gate ................................. ... _. - - — - — _____ - - - -- ................................. . ...... . �IIIIIIIIIIM&!, 3 tII1') Respondents are to make no changes to the table below and are to fill the table out comg!etely., Values must be provided for all categories below and must represent the total cost for each service. No additional charges will be invoiced to or paid by the City of Stuart ItemEstimated Unit of Annual No Description Quantity Measure Unit Price price ............ ......... . . . . .......... ­­­ ................ 1 Liquid Sodium Hypochlorite 120,000 GAL $ $ No ...................... . . . . . . ...................... ............................ ............ . . .... 2 Anh drous Ammonia 18,250 GAL $ $ 7qlcl "M .0o . . ......... __ ..................... . . . - - - - - - __-- . . . ................. - 3 Hydrofluorosilicic Acid 3,000GAL $ $ /Vrro ........... ................ 4 Hydrochloric Acid 31.45% 1,100 GAL $ e..._.........-- -------- . ..... . ........... . . .......... 5 Sodium Hexa meta phosphate 19,000 LB $ $ .......... — — - -------- - ", ......... . . . . ........... . . ..................... 6 Cationic Liquid Polymer 1,430 GAL $ $ Yva Items (1-6) over all total $ L____ . ........ If you are not the successful bidder awarded as primary provider, would you accept serving as the secondary (backup) provider, with the same terms as conditions as your bid? Yes g No ❑ Is Bidder offering the above product as specified? Yes m, No F-1 If No, bidder is to indicate their equivalent below and attach product literature. Item #: Product Item #: Product .............. . . .... . ..... .................... ........... . .... . . Page 82 of 1174 PXI'°k I lIII 3 1 IIC ECIfl=&I SIIC!!!!IECIIIf:'ICA'TIC,�II' qS - — - ---------- Item #: Product Item #: Product Preferred method of payment is by the City Purchasing Card (VISA). DO YOU ACCEPT THE PURCHASING CARD (VISA)? Yes No g2p1pany N ie� anLe. Page 83 of 1174 3.2 SAFETY STANDARDS CERTIFICATION The undersigned bidder hereby certifies that he or she has or will thoroughly familiarize him or herself with the contents of the City of Stuart Safety Standards. The Bidder further certifies that he or she either has or will submit a fully executed copy of those same Safety Standards to the City for inclusion in the City's official public record prior to commencing any work on this project. Signed, Sealed and Witnessed in the Presence of: �D%D,,TE: di i FOR r rm Name ( fitness) (Signature) ......_ (. n Wit�ss) (Corporate Attest by Secretary) I (Affix Seal) Sworn to and subscribed before m his day of J _... 20 known to me, r identifie a: in the Ci y of . �I i � � ,County of � w ,State of Signed: My Commission Expires: otary Public (Affix Seal) Commonwealth of Pennsylvania - Notary Seal Samantha Tanner, Notary Public Bucks County My commission expires July 19, 2023 Commission number 1349030 fytember, Pennsylvania Association of Natanes ITB 2021-113: Chemicals- WTP/WRF Page 20 Page 84 of 1174 3.3 REFERENCE FORM Provide three (3) satisfactory references within the past five (5) years of similar complexity, nature, and size of this project. #1 REFERENCE #2 REFERENCES #3 REFERENCES Company Name w __.. _........... ..._..._....__....._._...wwww _ ,., ....,,_.. ITB 2021-113: Chemicals- WTP/WRF Page 21 Page 85 of 1174 3.4 SCHEDULE OF SUBCONTRACTORS PARTICIPATION If proposers are subcontracting, this information is to be submitted with their submittal response in writing on the attached form or as a separate attachment subcontractor's information as follows; name, address, and type of work to be performed and percentage of work that may be provided by Subcontractor. Name of Subcontractor: Contact Name: Address, City, State, Zip, Phone: Type of Work to be Performed: License No. Percentage of Work % Name of Subcontractor: Contact Name: Address, City, State, Zip, Phone: Type of Work to be Performed: License No...�........_._��r Percentage of Work % Name of Subcontractor: Contact Name: Address, City, State, Zip, Phone: Type of Work to be Performed: License No. �mm_. ........ Percentage of Work % Company Name w.J'at4L4ee Jb-4-1t _................. .......... ITB 2021-113: Chemicals- WTP/WRF Page 22 Page 86 of 1174 3.5 PROPOSAL CHECKLIST FORM„ A. All proposals shall be submitted in the format identified. Failure to submit the required documentation in the format identified may cause the proposal to be rejected. This form is to be submitted with proposal package. 1. Letter ...of..Transmittal. Yes ❑ No ❑ 2. Acknowledgment of addendum & submission with ITB Yes FA No ❑ 3. Proposal Form & equipment Information Yes FA No ❑ 4. Proof that Firm name is registered with their State of Origin Yes [ No ❑ 5. Operat.ioea.l-P w-4nelu.de...s.eq.uen.ce...of-con.stru.ct.ion...activities rom...remova�to dis.pos.a.l. Yes ❑ No ❑ 6. .E -PA Guida—ce, Yes ❑ No ❑ 7. Submit a copy of all Licenses, Certificates, Registrations, Permits etc. Yes No ❑ 8. Submit 10% bond guarantee, if total exceeds $50,000 Yes ( No ❑ 9. Submit any data in reference to Contract Performance Yes n No ❑ 10. Evidence of Insurance Yes P No ❑ 11. Reference Form Yes [ No ❑ 12. Subcontractors Form Yes ❑ No ❑ 13. Additional Data is submitted (Optional) Yes No ❑ COMPANY NAME: f Page 87 of 1174 3.6 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), ELORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to CITY OF STUART, MARTIN COUNTY, FLORIDA (print individual's name and title) for:, I'�w ��� ������ nim (print name of entity submitting sworn whose business address is:�xy17 -5iy'I Vi, and (if applicable) its Federal Employer Identification Number (FEIN) is: �. (1f the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: . 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(), Elq[!4a Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4 1 understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. . l understand that a "persona' as defined in Paragraph 287.133(1)(e), Flod statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, Shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relations to the entity submitting this sworn statement. (indicate which statement applies). ZNeither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any ITR 2021-113: Chemicals- P RF Page 24 Page 88 of 1174 afffiifiiate of the eirntiity has Ibeeirn charged w th ad coin cted of a Ipulblliic erntiity ciriiirnoe subsequent to Moly 1, 1989.. The entity sulbmiittiirng thiis s oirirn statement, or ohne or innoire of its officers, directors, executives, (partners, shaireholders, employees, iraeimbers, or agents who are active Vin 'the management of the elrntlity or aro afffiliiate of the eirn'kity has Ibeen charged with and convicted of a public entity ciriiirmne subsequent to July 1, 1989.. The entity sulbirniiit iirng this s oirirn statement, or one or more of fts officers, diirectoirs, executives, Ipartirneirs, ............ affff�uali k shareholders, the entity Ibeeie b used with and colt �iclffed of !!in 'ffhe management of the entity or an IP Yagents y g (public entity crime subsequent -to July 1, 1989. However, there has Ibeen a Subsequent Iproceed'irng before a Hearing Offfiicer of the State of IFloirid'a If.:Nv�siioru of Adir i niistrat'ive IHeariirngs and the finial Order entered by the Hearing Officer deterimiiirned that it was irnot iiirii 'ffhe Ipu ublliic iiirnterest to p1lace the einfity sn<ubirnnittiiirng this sworn statement oirn -the convicted vendor fist (attach a coley of 'ffhe fiiirnal order). I U, NDIE IRS"i.AINIE 'i"IHAT 'i.HE BUIBMIIB aIION COIF: THIS FORM 'i..O THE CONTIRAC i NG OFIFIICFIR FOR THE:. IPUBI....IC FINTl "Y IIIIDIEN I"IIFIIIE::::IE3 IN IPAIRACRAIP11 1 ABOVE IS IF='CIR 'TI FAT IPff.UBII....IIC IFNTIFTY OINLY AINID TIHA'F F1I-N IIB FORM IS VAILID TIHIFRO UGH DIFCIFIVIIBIFIR 31 OF'TIE-FIE:::: CAII...IE:m:INIDAIR YIE::::AR IIS W11FFIICIH II'F IS F=`III_IFB. I All SO UNDERSTAND AND 'THAT II ANS RF.Q UIFRIf::::D 'F..0 IIINIF: CRM THE PUBLIC IF.INTII'FY PRIOR TO IE::::NTIFJFRIING HN'TO A COINTIRAC'F.. IINIE•:� CIE::::88 OF 'TIFFIF THRESHOLD AIMIO UN F.. IIROVIIDIFJD IIIA SECTDIN 287.017, FLORIDA STATUTES FOR CATF.CCIRY"TWO CIF: ANY CHANGE HN'F..I FIE:::: IINIFCDIRIMAT110IN CONTAIINIBE) IIIN THIS FORM. 8igntuire � ilk Sworn to and subscribed before me tlhn s day of J Peirsornalllly Iknown ........! ... OR IFlirodaucedIldenfiifiicatiiorn Notary. Public — State of Fllodda Type of Ientifcation Idly Comirrniissiorn IE:'xpiires: ­ Liju IEEAII_ OIR BTAIIMIP Commonwealth of Pennsylvania .. Notary W Samantha Iranner, Notary Pubfic SucksCounty-... , .. .................�.�. ttUGycommission axpniressJuly 19,2023 Commission number araaUsar r�eransylvaniiaAsso dation est Notaries I .......................... ...................... _ ITB 2021-113: Chemicals-11VTP/11VRF _.��..��.�_�._._.�........... .. mITIT _._.�.... _�.....�.....Page 25 Page 89 of 1174 r ITB 2021-113: Chemicals- WTP/WRF Page26 Page 90 of 1174 Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the City of Stuart for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs 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. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). 4. In the statement specified in number (1), notify the employees that as a condition for 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 on or plea of guilty or nolo contendere to any violation of Chapter 393, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. . Impose a sanction 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. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 267.067, Florida Statutes. This Certification is submitted by m (Individual's Name) Of u mo% ,f ,e s4 e t,c,;,a . Arem,e. (Name of Company) Who does hereby certify that said CompanyNendor has implemented a drug-free workplace program, whi meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through 614111,1 ITB 2021-113: Chemicals- WTP/WRF Page 27 Page 91 of 1174 "ATTACHMENT 6 TT T " The successful bidder shall not commence any work in connection with this agreement until it has obtained all of the following types of insurance and the City has approved such insurance. Nor shall the successful bidder allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Proof of the following insurance will be furnished by the successful bidder by Certificate of Insurance, which names the bidder, its officers, board members, employees and agents as additional insured on General Liability and Automobile Liability insurance policies. Such certificate must contain a provision for notification of the City 30 days in advance of any material change or cancellation. The City by and through its Risk Manager, reserves the right to review, modify, reject or accept any required policies of insurance, including limits coverages or endorsements, herein from time to time throughout the term of this contract. All insurance carriers must have an A.M. Best Rating of at least A: VI I or better. When a self-insured retention or deductible exceeds $5,000, the City reserves the right, but not the obligation, to review and request a copy of bidder's most recent annual report or audited financial statement. All contractors including any independent contractors and subcontractors utilized must comply with the following insurance requirements: 1. Commercial General Liability including Bodily Injury/Property Damage, Personal & Advertising Injury and Products/Completed Operations coverage for at least $5,000,000 Limit per claim. Products Liability shall extend coverage for pollution conditions that arise from chemicals manufactured, sold or distributed. The City shall be included as Additional Insured and policy shall contain a waiver of subrogation rights endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. In the event the policy is canceled, non -renewed, switched to an occurrence form or there is a change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreement of not less than 3 years. 2. Pollution Liability and Remediation Legal Liability coverage for at least $5,000,000 Limit per claim. This shall provide coverage for loss, remediation expense and legal defense expense for sudden and gradual pollution conditions. The City shall be included as Additional Insured, policy shall contain a waiver of subrogation rights endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. In the event the policy is canceled, non -renewed, switched to an occurrence form or there is a change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreement of not less than 3 years. 3. Commercial Auto Liability with limit of at least $1,000,000 per occurrence which provides coverage for any auto (owned, hired and non -owned) and shall not contain any ITB 2021-113: Chemicals- WTP/WRF Page 28 Page 92 of 1174 exclusion for pollution legal liability as respects the transportation, loading and unloading of chemicals. The City shall be included as Additional Insured and the policy should contain a waiver of subrogation rights endorsement. 4. Worker's Com ensation Insurance: The Contractor/Lessee/Service Provider shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance with limits equal to Florida Statutory requirements. Employers liability must include limits of at least $1,000,000 each accident, $1,000,000 each disease/employee, $1,000,000 each disease/maximum. A waiver of subrogation must be provided. Coverage should apply on a primary basis. Should scope of work performed by contractor qualify its employee for benefits under Federal Workers Compensation Statute, proof of appropriate Federal Act Coverage must be provided. 5. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance. 6. Certificates of Insurance: The Contractor u on notice of award will furnish Certificate of Insurance Form within ten (10) days. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Manager. This certificate shall be dated and show: (a) The name of the insured contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, and its termination date. (b) Statement that the Insurer will mail notice to the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. (c) City shall be listed as Additional Insured on Commercial General Liability Insurance, Automobile Liability Insurance. NOTE: The City can decrease or increase these limits, depending on the project, at its sole discretion. Any insurance provided which does not meet the above requirements will not be deemed acceptable under the terms of this contract unless accepted in writing by the City's Risk Manager, ITBW2021-113: Chemicals- WTP/WRF...��._����� ......._.................�. Page 29 Page 93 of 1174 �r`/f�''��/„�a�y/,; ���wt���rl��fl���r���✓/r,�����;��'� 6�%�ll���''���� �� 'r d r �'�1 I��ww�� uow Date: June 9, 2021 To: Prospective Bidders Null mw Iry 61��„�"'lC �°�di ll”t S �I�tI��SllW�t-0�h1�?nNwuumurs��,�,�,un,. �,�;wr�wwiaw.Xr"ilJrsw�V�"�kf'� r)hir��' d ��r�u,� w,"awa,�wA Subject:. Addendum #1 to ITB #2021-113. Chemicals for the Water Treatment Plant/Water Reclamation Facility ADDENDUM #1 The purpose of this addendum is to provide clarification to questions submitted by prospective bidders: 1. Question: Section 2.7 "Contract Term has conflicting information. Under `Contract Period" states an initial term of two year with the option to renew for three additional one-year periods. Under "Option to Extend" states the contract may be renewed for two additional one-year periods and total contract length including extensions shall not exceed three years, please clarify. Answer: I �:aantra,:aa"l vAl be for ,fry i uaW to rrr, Of twr,) Years w%/ th C�:���a� (�,)ptfon t:, fc�,r flvee afi,,&fior) al oir� e ye,Pwaar per',As,, All other terms and conditions of this RFP remain unchan ed. This Addendum shall be considered an integral part of the ITB and this Addendum must be acknowledged, signed and returned with your submittal by 2:30 .m. on Jul 18 2021 Failure to comply will result in disqualification of your bid. Alaina Knofla Procurement Analyst Acknowledge is hereby made of Addendum #1 to ITB #2021-113: Chemicals for the Water Treatment Plant/Water Reclamation. Signature I Bate Firm 4, ,M 004,901j'&4 64 ® 40 A Email Address uuim vu�mwuuuw�mmwuwmnmuuuuu�mmlmm�mu i i .... � mii�iiimwmiwmiummiiwu�mw ,. imimmmm�unn�mumimuummmumuiilmuwrauwuur�uuwm�mmuuwiu uuuuuuummmmiiwmuuummow��i -. mwima!�mumuVuummuu�uuutiuw'mwu� Addendum #1 to ITS #2021-113: Chemicals for W,TPIWRF page 1 Page 94 of 1174 Clityl�, Stuart ���1ii1�V1��11"KV�mi�uNwra�m���w�. ,� ��ia✓e,n�,,,ii �rrr%�" Date: June 14, 2021 To: Prospective Bidders Subject: Addendum #2 to ITB #2021-113: Chemicals for the Water Treatment Plant/Water Reclamation Facility ADDENDUM #2 The purpose of this addendum is to provide clarification to questions submitted by prospective bidders: 1. Question: Section 3.1 Technical Specifications lists Cationic Liquid Polymer, however it is not on the bid schedule. Is Cationic Liquid Polymer being bid and if so, who is the current supplier and price? In addition, on the bid schedule the Anhydrous Ammonia estimated quantity is listed as pounds, however asks for gallons in Unit of Measure, please clarify. Answer: �I�?IPRl�4d�u � 4�� �u I �! �I1�� ��TUnrft , . Moir 1, u rl ,l rt f A:ui::ona,l)la�ue alamied flirid rr',,vi,rrd a3,,) c 3kl Sd,iedii.tile arid �,.uri' nla. ulr,.,.0i , oulu�a1i.ca tH iu°ilf":u10-uu,:iflonu regflmur:lurig c�,arerOu arid cui:°'u,.Eflul Il".aI i°'10'111g, 2. Question: Please clarify items 1,5, and 6 on "Proposal Checklist. Answer: Seeattadh�ued. 3. Question: Will the Anionic -Granular Polymer not be bided this year? Answer: No, htwHIV ii got li,tie fl °Os yew,V0,R e,lIo itiuul ;•ulperid euxoug.`i or tIlo:s .... p.._ . _m........__. ...... _ _ .. ..w n _»>__. .,,���...__._��......_.................�� �......... ��.�.��._ ... _..... ,�,,,,,µ���........_..���� ..... ...��..w��.���_.......��ww..... �:�......... Addendum #2 to ITB #2021-113: Chemicals for WTPMRF Page 1 Page 95 of 1174 All other terms and conditions of this RFP remain unchancied. This Addendum shall be considered an integral part of the ITB and this Addendum must be acknowledged, signed and returned with your submittal b 2:30 .m. on July 15 2021 Failure to comply will result in disqualification of your bid. Alaina Knofla Procurement Analyst Acknowledge is hereby made of Addendum #2 to ITB #2021-113: Chemicals for the Water Treatment Plant/Water Reclamation. Signature Date Firm Email Address Addendum #1 to ITB# 2021-107: Dixie Hwy -NW Alice Street Intersection Improvements . Page e 2 Page 96 of 1174 ..... ...... Date: June 17, 2021, TO: Prospective Bidders Subject: Addendum #3 to ITS #2021-113. Chemicals for the Water Treatment Plant/Water Reclamation Facility ADDENDUM #3 The purpose of this addendum is to provide clarification to questions submitted by prospective bidders:. 1. Question: Cationic Polymer #6 addendum #2 says sold in 1,430 -gallon containers, should this say 55 gallon drums? Answer* Gt shmk sa!,yf 55 Gaik?,,r) Dn.ers, This Addendum shall be considered an integral part of the ITB and this Addendum must be aCknqw-ledged, signed and returned with your submittal 4y2L.30 pm. on July 16, 2021 Failure to comply will result in disqualification of your bid. Alaina Knofia Procurement Analyst P, J1r r,J� L 'Ac . nowledge is hereby ma ie of Addendum #3 to ITS #2.021-113. Chemicals, for the Water Treatment Plant/Water Reclamation. Signature 4&1 7 /Z i Date A" 0 V1 414 r �' e Firm Email Address AOclerttlum #3 to ITS #2021-113, Chemicals forWTPNVRF Page I Page 97 of 1174 't/GI/lGggiflk' I iinr°1/I/I% l( �ar101° Of �°` u, t 'i„ ,rrr Date: .July 6, 2021 To: Prospective 'Bidders Subject: Addendum #4 to ITS #2021-113: Chemicals for the Water Treatment Plant/Water Reclamation f=acility ADDENDUM .#4 The purpose of this addendum is to provide clarification to questions submitted by prospective bidders: 1. Question What application (BFP, centrifuge, digester) is the liquid cationic polymer for? Answer. I.,4 u d ., , �;l¢µ,agla, r +l Y „ Ps ar,) ,N d ,",, BFR 2. Question: Who is your current polymer supplier? Answer: E,==l' e% s r y ou4 c yrr r=l f, qu; d 1)(yrrne 3, Question: What is the name of the currently used polymer? Answer. Ible �,ed '4s ,/4=qY,,r; h HaM� 782"L 4, Question What is the current price the city of Stuart is paying for the polymer you use? Answer: ilh'7F EYd r'(rer' es e"s lids7s;F 5, Question: Naw do I schedule bench testing to verify polymer selection? Answer. I s rG- l d „„I r ii;;r is44 ,r suss/ r° i,L, i;;;l {Y n,i„ ps. s 14,1„ k Y'; rs 6. Question. Will there be a field test portion to this ITB? Answer. N,") Page 98 of 1174 This Addendum shall beconsidered ars integral part of the ITB and this Addendum must be acknowledged, signed and returned with your submittal m on 4uly 15 2021 Failure to comply witl result in disqualification of your bid. Alains Knofia Prooprement Analyst Acknowledge is hereby made cif Addendum #4 to ITB #21121.113: Chemicals for the Water Treatment Plant/Water Reclamation, Signature � ...� i Date la cr Firm Email Address ai i ',,,"`„'�", , ou""uta,,,i„omupmmmu�uuuumm„imipmm„�ummumm""""mniBimm � m, ion im i"""""ii mwum '"'”" mpni"!` uiinmm�nmmnmimuu. irm muo'"" 6i"'"" ionrmmum°""Ti mniiY�'ii"mwxm'iur Addesvium #4 to ITS# 2021-107: Dixie o- 1 „ lig. Street. Intersection Improvements bags Page 99 of 1174 j . ' M Acknowledge is hereby made cif Addendum #4 to ITB #21121.113: Chemicals for the Water Treatment Plant/Water Reclamation, Signature � ...� i Date la cr Firm Email Address ai i ',,,"`„'�", , ou""uta,,,i„omupmmmu�uuuumm„imipmm„�ummumm""""mniBimm � m, ion im i"""""ii mwum '"'”" mpni"!` uiinmm�nmmnmimuu. irm muo'"" 6i"'"" ionrmmum°""Ti mniiY�'ii"mwxm'iur Addesvium #4 to ITS# 2021-107: Dixie o- 1 „ lig. Street. Intersection Improvements bags Page 99 of 1174 Tanner Industries, Inc. exceptions taken for Bid #2021-113 PART II. SCOPE WORK Contractor Responsibility: A. The bidder shall be responsible for the protection of property in the areas appointed for delivery against spills. Contractor is responsible for clean-up of any spills to ijicw exielit caused In, contractot". Page 100 of 1174 State f F!% � � d '� d Department of'State I certify from the records of this office that TANNER INDUSTRIES, INC. is a Pennsylvania corporation authorized to transact business in the State of Florida, qualified on December 20, 1991. The document number of this corporation is P36769. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on April 30, 2021, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Thirtieth day of April, 2021 Tracldng Number: 1129945384CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:llservices.sunbiz.org/Filings/CertificateOfstatusICertificateAuthentication Tax Collector Scott Randolph Local Business Tax Receipt Orange County, Florida 2020 3501 DISTRIBUTOR -AMMONIA $30.00 TOTAL TAX $30.00 PREVIOUSLY PAID $30.00 TOTAL DUE $0.00 2530 VULCAN RD U-APOPKA, 32703 EXPIRES 9/30/2021 1EMPLOYEE TANNER STEPHEN B TANNER INDUSTRIES TANNER STEPHEN B 735 DAVISVILLE RD 3RD FLR SOUTHHAMPTON PA 18966-3276 3501-0972544 PAID: $30.00 0098-00974518 - 9/29/2020 Tax Collector Scott Randolph Local Business Tax Receipt Orange County, Florida This local Business Tax Receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance. Businesses are subject to regulation of zoning, health and other lawful authorities. This receipt is valid from October 1 through September 30 of receipt year. Delinquent penalty is added October 1. 2020 EXPIRES 9/30/2021 3501-0972544 3501 DISTRIBUTOR -AMMONIA $30.00 1 EMPLOYEE l 4 Q 6 TOTAL TAX $30.00 PREVIOUSLY PAID $30.00 TANNER STEPHEN B TOTAL DUE $0.00 �+ TANNER INDUSTRIES TANNER STEPHEN B G*CQL 2530 VULCAN RD 735 DAVISVILLE RD 3RD FLR U - APOPKA, 32703w SOUTHHAMPTON PA 18966-3276 PAID: $30.00 0098-00974518 9/29/2020 This receipt is official when validated by the Tax Collector. Orange County Code requires this local Business Tax Receipt to be displayed conspicuously at the place of business in public view. It is subject to inspection by all duly authorized officers of the County. Page 102 of 1174 octaxcolxom octaxcol 0000001 R�l s License .0 /14 � Fuel/Pollutants R. 05/17 �b�:�� Issued Pursuant to Chapter 206, Florida Statutes 11/05/20 FLORIDA TANNER INDUSTRIES INC 735 DAVISVILLE RD STE 3 SOUTHAMPTON PA 18966-3277 Dear Taxpayer: Attached below is your Fuel/Pollutants tax license issued pursuant to Chapter 206 of the Florida Statutes. This authorizes the license holder to engage in the fuel/pollutants activity classifications listed on the license. The license must be displayed conspicuously at the principal place of business. The license is only valid for the person/business named and cannot be transferred or assigned to another entity or person. Whenever the license is held by a corporation or business entity, there can be no change of stock, ownership, or equity without prior approval by the Department. The license is only valid through the expiration date listed. If no expiration date is listed, the license is valid until notified by the Department. TANNER INDUSTRIES INC 735 DAVISVILLE RD STE 3 SOUTHAMPTON PA 18966-3277 Location Fuel/Pollutants License Issued Pursuant to Chapter 206, Florida Statutes Expiration Date: 12/31/2021 License Activity: Pollutants -Importer DR -114 R. 05/17 11/05/20 ......... ....... License is Not Transferable It Must be Posted in a Conspicuous Place This business has complied with the required provisions of Chapter 206, Florida Statutes, and is authorized to engage in fuel activities under the license activity classification listed above. If no expiration date is listed the license is valid until notified by the Depart3�eof 1174 �...--- ........m..... CCOITY OF DELRAY BEACH BUSINESS TAX RECEIPT & CONTRACTOR REGISTRATION RESTRICTION: OWNER/QUALIFIER: BUSINESS NAME: TANNER INDUSTRIES INC LOCATION: OUTSIDE OF DELRAY BEACH. CLASSIFICATION- MISCELLANEOUS OCCUPATION TANNER INDUSTRIES INC 735 DAVISVILLE RD 3RD FLOOR SOUTHAMPTON PA 16966-3277 RE EIPT=ISO 21 00056637 CONTROL NO 142094 DATE ISSUED: 9/30/20 BUSINESS TAX FEE: 13.41 REG., DELINQUENT FEE: 000 TRANSFER FEE:: .00 ET - L ri�i` PALS.................._...1......,.,.._ 3,41 RECEIPT ISSUED FOR THE PERIOD OCTOBER 1 2020 TO SEPTEMBER So 2021 Notice: This business tax receipt becomes NULL and VOID if ownership, business name, or address is changed. Applicant must apply for Transfer. CITY OF DELRAY BEACH BUSINESS TAX RECEIPT INFORMATION CRATE ISSUED' 9/30/20 BUSINESS TAX RECEIPT ISSUED FOR THE PERIOD Please conspicuously post this current business tax receipt so that it is able to be viewed by anyone upon entering your place of business. This business tax receipt represents proof of payment of your business tax fee for the period October 1 to September 30. Continuous licensure can be an important asset for certain business users; please exercise diligence in maintaining this business tax receipt. Once you have obtained a Delray Beach business tax receipt, you will be sent a renewal notice each year 30 to 60 da�s before expiration to the address indicated on the face of the receipt. Please check a I business tax receipt information and if there is an error, report it to us immediately. The City may impose fines and penalties for failure to renew this business tax receipt. If you change your business name. ownership or location. you must make a new application f6r the change and pay a $16.75 transfer fee. The business tax receipt must e surrendered prior to issuance of the new receipt. The back of the receipt mut be .signed and dated by the previous owner and indicated that all rights, interest, and title of the business is assigned to the new owner. If you have more than one business location, you must obtain a business tax receipt for each location. I C Page 105 of 1174 ax �M1 C Page 105 of 1174 w TANNER INDUSTRIES, INC. 735ryDAVISVILLE ROAD THIRD �IRD FLOOR SOUTHAMPTON, PA 18966-3200 215-322-1238 FAX 215-322-7791 www.tannerind.com Revision: August 01, 2009 Supercedes: lune 012 001 Approval: QC/QA(. ' �/ Paae 106 of 1174 NATIONAL AMMONIA, BOWER AMMONIA AND CHEMICAL NORTHEASTERN AMMONIA, HAMLER INDUSTRIES Product Name: Synonyms: CAS REGISTRY NO: Supplier: Websi.te: '.Telephone (General): Corporate Emergency Telephone Number: Emergency Telephone Number: Recommended Use: Tanner Industries, Inc. SAFETY DATA SHEET Ammonia, Anhydrous Ammonia MITIMIZAIMA Tanner Industries, Inc. 735 Davisville Road, Third Floor Southampton, PA 18966 .......................... —1— . . . ............ . 215-322-1238 800-643-6226 Cherntree: 800424-9300 Various Industrial / Agricultural Hazard: Acute Toxicity, Corrosive, Gases Under Pressure, Flammable Gas, Acute Aquatic Toxicity Classificatiom Acute 'I'oxicity, Inhalation. (Category 4) Skin Corrosion / Irritation (Category 113) Serious Eye Damage / Irtitation (Category 1) Gases Under Pressure (Liquefied gas) Flammable Gases (Category 2) Acute Aquatic Toxicity. (Category 1) Pictogram: Note: (I - Most Severe / 4 .- Least Severe) pl g[1000411111111� esjjjjj[ 00^ 1 g[OO X, < At� 4 zm�l Signal word: Danger Hazard statements: Harmful if inhated. Causes severe skin bums and serious eye damage. Rammable gas. C'ontains gas under pressure; may explode if heated. Very toxic to aquatic life. Precautionary statements: Avoid breathing gas/vapors, Use only outdoors or in well -ventilated area., Wear protective gloves, protective clothing, eye protection, face protection. Keep away from heat, sparks, open flames and other ignition sources. No smoking., Revision: November 1, 2018 Anhydrous Ammonia LEM� Page 107 of 1174 Precautionary statements (continued): IF INHALED: Remove person to fresh air and keep comfortable for breathing. Call a doctor/physician and seek medical attention for severe exposure or if symptoms persist. Specific treatment, see supplemental first aid instructions in Section 4 (First Aid Measures). IF ON SKIN: Rinse immediately with plenty of water before removing clothes. Contaminated clothing could possibly be frozen to skin. Rinse skin with water or shower (minimum of 20 minutes). Specific treatment, see supplemental first aid instructions in Section 4 (First Aid Measures). IF IN EYES: Immediately call a doctor/physician and seek medical attention. Rinse continuously with water for several minutes (minimum of 20 minutes). Specific treatment, see supplemental first aid instructions in Section 4 (First Aid Measures). Wash contaminated clothing before reuse. Store in a well -ventilated place. Keep container tightly closed. Protect from sunlight. Store locked up. In case of leakage: Eliminate all ignition sources, if safe to do so. In case of leaking gas fire: Stop flow of gas before extinguishing. Dispose of contents/container in accordance with local, regional, national, international regulations as applicable. See section 13 (Disposal Considerations). NFPA Rating: Health (Blue) - 3 Flammability (Red) —1 Instability (Yellow) — 0 Special Hazards (White) — NA Note: The degree of hazard for flammability may be 3 in a confined space. NFPA Numbering System: 0 = Least Hazardous / 4 = Most Hazardous HMIS Rating - See note in Section 16 regarding the Hazardous Materials Identification System (HMIS). HMIS Hazard Index: 0 = Minimal, 1= Slight, 2 = Moderate, 3 = Serious, 4 = Severe CHEMICAL NAME: Ammonia, Anhydrous CAS REGISTRY NO: 7664-41-7 SYNONYMS: Ammonia CHEMICAL FAMILY: Inorganic nitrogen compounds COMPOSITION: 99+0/o Ammonia Revision: November 1, 2018 Anhydrous Ammonia Page 2 of 9 Page 108 of 1174 IV, Avg FJM1 IF INHALED: Immediately remove person to fresh air and keep comfortable for breathing. In case of severe exposure or if irritation persists, breathing difficulties or respiratory symptoms arise, seek medical attention. If not breathing, administer artificial respiration. If trained to do so, administer supplemental oxygen, if required. IF ON SKIN: Immediately rinse skin and contaminated clothing with plenty of water before removing clothes. Clothing that has been contacted by liquid ammonia may freeze to the skin. Thaw frozen clothing from skin before removing. Flush skin with copious amounts of tepid water for a minimum of 20 minutes. Do not rub or apply topical, occlusive compounds, such as ointments, certain creams, etc., on affected area. For liquid ammonia contact, seek immediate medical attention. For severe vapor contact or if irritation persists, seek medical attention. IF IN EYES: Immediately rinse continuously with copious amounts of tepid water for a minimum of 20 minutes. Eyelids should be held apart and away from eyeball for thorough rinsing. Do not rub or apply topical, occlusive compounds, such as ointments, certain creams, etc., on affected area. Seek medical attention. IF SWALLOWED: Rinse mouth. Do not induce vomiting. If conscious, give large amounts of water to drink. May drink orange juice citrus juice or diluted vinegar (1:4) to counteract ammonia. If unconscious, do not give anything by mouth. Seek medical attention. NOTE TO PHYSICIAN: Respiratory injury may appear as a delayed phenomenon. Pulmonary edema may follow chemical bronchitis. Supportive treatment with necessary ventilation actions, including oxygen, may warrant consideration. EXTINGUISHING MEDIA: Water Spray, Water Fog, Dry Chemical, Carbon Dioxide (CO2) or foam. SPECIAL FIRE FIGHTING PROCEDURES: Must wear protective clothing and a positive pressure SCBA. Stop flow of gas or liquid if possible. Approach fire upwind and evacuate area downwind if needed. Use water spray to keep fire -exposed containers cool and control vapors. If a portable container (such as a cylinder or trailer) can be moved from the fire area without risk to the individual, do so to prevent the pressure relief valve of the trailer or portable container from discharging or the cylinder from rupturing. If relief valves are inoperative, heat exposed storage containers may become explosion hazards due to over pressurization. Stay upwind when containers are threatened. UNUSUAL FIRE AND EXPLOSION HAZARDS: Outdoors, ammonia is not generally a fire hazard. Indoors, in confined areas, ammonia may be a fire hazard, especially if oil or other combustible materials are present. Combustion may form toxic nitrogen oxides (NO.). GENERAL: Only properly trained and equipped persons should respond to an ammonia release. Wear eye, hand and respiratory protection and protective clothing; see Section 8, Exposure Controls / Personal Protection. Stop source of leak if possible, provided it can be done in a safe manner. Leave the area of a spill by moving laterally and upwind. Isolate the affected area. Non -responders should evacuate the area, or shelter in place. SPECIFIC STEPS TO BE TAKEN: For a hazardous material release response, Level A and/or Level B ensemble including positive -pressure SCBA should be used. A positive pressure SCBA is required for entry into ammonia atmospheres at or above 300 ppm (IDLH). Stay upwind and use water spray downwind of container to absorb the evolved gas. Do not apply water directly to container, unless there is heat impingement, as ammonia boils at -28 OF (direct water will heat container), and more vapors will be released. Caution: Adding water directly to liquid spills will increase volatilization of ammonia, thus increasing the possibility of exposure. Contain spill and runoff from entering drains, sewers, streams, lakes and water systems by utilizing methods such as diking, containment, and absorption. Revision: November 1, 2018 Anhydrous Ammonia Page 3 of 9 Page 109 of 1174 IM M MIAMAIM1:1111--l-, M-2 M. M f"NAMM; I M41-421MMIMIN; I " -1 V EXPOSURE LIMITS FOR AMMONIA: (Vapor) . Ammonia ............. .. . ... USA ACGIH ACGIH TWA 2 5 P PM USAACGH4. -- ............... . . .... . ACGM STEL. 35 ppm USA NIOSH FDLH ------------------ --- NJOSH IDLH 300 ppm USA KIOSH ---- ... . ........... .......... N10SHRE.I., (TWA) --------------- IS mg/ni; 25 pping USA NIOSH . ......... . ...................... . N10SHREL (STEL) 27 mg/rn'; 35 ppm USA OSHA 0S.F1A.PEL (TWA) 35 nl,-Jml; 50 ppm Alberta . .......... ........ TWA / STEL 25 pprn(TWA), 35 pprn (STEL) British Columbia ........ TWA / STEL 25 ppm (TWA), 35 ppm (STFI,) Manitoba ....... . ..... TWA STEL — — -- - ----- 25 ppin (TWA), 35 ppm (SIEL) New Brunswick ---- . . . ............. . . . -- . ..... .. ................ . .......... TWA STEL 25 pprn (TWA), 35 ppyn (STEL) Newfoundland & Labrador ........... ... . . . ........................... TWA STEL 25 ppm (TWA), 35 ppm (STEL) Northwest Territories IVA STE[. 25 ppm (TWA), 35 ppm (STE].,) Nova Scotia TWA l STEL ....... . 25 ppm (TWA), 35 ppm (STEL) Nunavut — . ..... . ... . ........... TWA STFI............, . . ........... ..... . ......... mm uu 25 ppm (TWA), 35 ppm (STEL) Ontario . .. ........ . ........ TWA STEL 25 ppm (TWA), 35 ppm (STEL). Prince Edward Island ...... TWA STEL . . . ....... 25 ppm (TWA), 35 ppm (SI1,L) Quebec T WAEV / STEM 25 ppm (TWAEV), 35 ppm (STEN) Saskatchewan ..... . .. . .......... TWA STEL 25 pprn (IVA), 35 ppm (STEL) Yukon TWA STEL .......... . . . . ....... 25 ppm (TWA), 40 ppm (STEL) Revision: November 1, 2018 Anhydrous Ammonia Page 4 of 9 Page 110 of 1174 Mexico OEL TWA (mg/m3) ....... . ...... — . ..... 18 mg/m3 .Mexico OEL TWA (pprn) 25 ppm Mexico OEL STEL (mg/m3) — — — --------- - 27 rng/ml Mexico . ............ ........ CONI,STEL (ppm) .. — . . .................... 35 ppm 1PRO TIEC;"TIVIE EQULPNEN'T: EYE/FACE PROTFCTION: Chemical splash goggles should be worn when handling anhydrous ammonia. A face shield can be worn over chemical splash goggles as additional protection, Do not wear contact lenses when handling anhydrous animonia, Refer to 29 CFR 19.10„133 for OSHA eye protection requirements., SKIN PROTECTMN4 Ammonia impervious gloves and clothing (such as neoprene, butyl and Teflon) should be worn to prevent contact during normal operations, such as loading/unloading and transfers. Chemical boots can be worn as additional protection. RESPIRATORY PROTEC TION: Respiratory protection approved by NIOSI I for ammonia must be used when applicable safety and health exposure limits are exceeded. For escape in emergencies, NIOSI-I approved respiratory protection should be used, such as a full -face gas mask and canisters/ca,rtridges approved for ammonia or SCBA. A positive pressure SOBA is required for entry into ammonia atmospheres at or above 300 ppm (IDLH)., APPEARANCE AND ODOR: SOLUBILITY IN WATER: SPECIFIC GRAVITY OF GAS (air =0: SPECIFIC GRAVITY OF LIQUID (water= 1) WEIGHT (per Fallon): PH: BOILING POINT: FORMULA. MOLECULAR WEIGHT: FLAMMABILITY FLASHPOINT: FLAMMABLE LIMITS OF VAPOR IN AIR: AUTO IGNITION TEMPERATURE: CRITICALTEMPERATWJRE: DECOMPOSITION TEMPERATURE: GAS SPECIFIC VOLUME - VAPOR DENSITY: LIQUID DENSITY: VISCOSITY: EVAPORATION 17 Em APPROXIMATE FREEZING POINT: VAPOR PRESSURE: SURFACE TENSION: CRITICAL PRESSURE: PARTITION COEFFICIENT: Colorless liquid or gas with a pungent odor. Odor threshold 2 - 5 ppm, (per 100 pounds of water): 86.9 pounds at 32 'F, 51 pounds at 68 OF 0.596 at 32 OF 0.682 at -28 OF (Compared to water at 39 OF). 5.15 pounds at 60 IF Not applicable (Highly aikaline/base)., -28 OFatl Atm. NH3 17.03 (NH3) RM LELAJEL 16% to 25% (Listed in the N10S11 Pocket Guide to Chemical .17 cards at 15% to 28%). 1,204 ®F (If catalyzed). 1,570 'F (Ifun-catalyzed),, 271A OF 408.4 IF 20..78 Ft3 /Lb at 32 OF and I Atm, 0.0481 Lb/Ft3 at 32 01' 38.00 Lb/Ft3 at 70 OF 0.00982 c at 68 IF Not applicable -108 OF 114 psig at 70, OF 23.4 Dynes / cm at 52 OF I11.5 Atm -.114 at 77 OF Revision: November 1, 2018 Anhydrous Ammonia Page 5 of 9 Page 111 of 1174 REACTIVITY: Anhydrous ammonia has potentially explosive reactions with strong oxidizers. Anhydrous ammonia forms explosive mixtures in air with hydrocarbons, chlorine, fluorine and silver nitrate. Anhydrous ammonia reacts to form explosive products, mixtures or compounds with mercury, gold, silver, iodine, bromine, silver oxide and silver chloride. CHEMICAL STABILITY: Stable under normal ambient conditions of temperature and pressure. Heating a closed container causes vapor pressure to increase. Will not polymerize. POSSIBILITY OF HAZARDOUS REACTIONS: Will react exothermically with acids and water. CONDITIONS TO AVOID: Avoid anhydrous ammonia contact with chlorine, which forms a chloramine gas, which is a primary skin irritant and sensitizer. Avoid contact with galvanized surfaces, copper, brass, bronze, mercury, gold and silver. A corrosive reaction will occur. INCOMPATIBLE MATERIALS: Anhydrous ammonia is incompatible with acetaldehyde, acrolein, boron, chloric acid, chlorine monoxide, chlorites, nitrogen tetroxide, perchlorate, sulfur, tin and strong acids. HAZARDOUS DECOMPOSITION PRODUCTS: Anhydrous ammonia decomposes to hydrogen and nitrogen gases above 450 °C (842 °F). Decomposition temperatures may be lowered by contact with certain metals, such as iron, nickel and zinc and by catalytic surfaces such as porcelain and pumice. Potential health effects: Ammonia is an irritant and corrosive to the skin, eyes, respiratory tract and mucous membranes. Exposure to liquid or rapidly expanding gases may cause severe chemical burns and frostbite to the eyes, lungs and skin. Skin and respiratory related diseases could be aggravated by exposure. The extent of injury produced by exposure to ammonia depends on the duration of the exposure, the concentration of the liquid, gas or vapor and the depth of inhalation. Exposure Routes: Inhalation (vapors, gas), skin and/or eye contact (vapors, liquid, gas). Symptoms of acute exposure: Inhalation: Exposure may result in severe irritation and/or bums of the nose, throat and respiratory tract. May cause dyspnea (breathing difficulty), wheezing, chest pain, bronchospasm, pink frothy sputum, pulmonary edema or respiratory arrest. Extreme exposure may result in death from spasm, inflammation or edema. Respiratory injury may appear as a delayed phenomenon. Pulmonary edema may follow chemical bronchitis. Brief inhalation exposure to 5,000 ppm may be fatal. Skin: Irritation, corrosive burns, blister formation (vesiculation) may result. Contact with liquid may produce freeze burns (frostbite) and caustic bums. Eyes: Vapors may cause severe irritation. Tearing, eye burns, permanent eye damage or blindness may occur. Effects of direct contact may range from irritation and lacrimation to severe injury and blindness. Ingestion: Ingestion is unlikely since the material is a gas under normal atmospheric conditions. If ingested, it may cause burns and corrosion, severe pain of the mouth, throat, esophagus and stomach or may be fatal Chronic Exposure: Repeated exposure to ammonia may cause chronic irritation of the eyes and respiratory tract. Toxicity: LC50 - 5131 mg/m3 (7338 ppm) to 11,592 mg/m3 (16,600 ppm), 60 minute exposure, Rat. LD5o - 350 mg / kg (Oral / Rat). Not listed in the National Toxicology Program (NTP). Not recognized by OSHA as a carcinogen. Not listed as a carcinogen by the International Agency for Research on Cancer (IARC monograph). Germ cell mutagenicity information is not available. Reproductive toxicity information is not available. Revision: November 1, 2018 Anhydrous Ammonia Page 6 of 9 Page 112 of 1174 Ammonia is harmful to aquatic life at very low concentrations. Notify local health and wildlife officials and operators of any nearby water intakes upon contamination of surface water. Toxicity: Terrestrial l,wlants,, LOEC = 3-250 ppm NH3. Aquatic plants: LOEC = 0.5-500 mg NH3-N/L. Acute .to to invertebrates 48 h LC50 = 2.94 mg un -ionized NH3-N/L. Chronic toxicity to invertebrates NOEC = 0.163- 0.42 mg un -ionized NH3/L. Acutetoxici„ t� 96-h: LC50 = 0.09 — 3.51 mg un -ionized NH3/L. Chronic toxicity to fish: NOEC = 0.025-1.2 mg un -ionized NH3/L. Environmental Fate Information: Ammonia dissipates relatively quickly in ambient air and rapidly returns to the soil via combination with sulfate ions or washout by rainfall. Ammonia strongly adsorbs to soil, sediment particles and colloids in water under aerobic conditions. Biodegradation of ammonia to nitrate occurs in water under aerobic conditions resulting in a biological oxygen demand (BOD). Persistence/Degradability: Biodegradable in soil. Ozonation in the air. Soluble in water. Bioaccumulative Potential: Not applicable. Mobility in Soil: No additional information available. Other Adverse Effects: No additional information available. Dispose of unused contents/container in accordance with local/regional/national/international regulations as applicable. Listed as hazardous substance under the Clean Water Act (CWA) (40 CFR 116.4 and 40 CFR 117.3). Classified as hazardous waste under the Resource Conservation and Recovery Act (RCRA) (40 CFR 261.22 Corrosive #D002). Comply with all regulations. Suitably diluted product may be utilized as fertilizer on agricultural land. For hazardous waste regulations information call the RCRA Hotline (800) 424-9346, or visit the US EPA website. 14.1 US Department of Transportation (US Domestic) HAZARD CLASS: 2.2, Non -Flammable Gas. (49 CFR 173.115) PROPER SHIPPING NAME: Ammonia, Anhydrous IDENTIFICATION NUMBER: UN 1005 LABEL / PLACARD: 2.2, Non -Flammable Gas (Only as required by 49 CFR 172.322) PACKAGE MARKINGS: Refer to 49 CFR 172.302, General marking requirements for bulk packagings. Refer to 49 CFR 172.301, General marking requirements for non -bulk packagings. Refer to 49 CFR 172.328, Cargo Tanks for additional marking requirements. ADDITIONAL INFORMATION: Marine Pollutant Requirements: Subject to the requirements of 49 CFR 172.322. The words "Inhalation Hazard" shall be entered on each shipping paper in association with the shipping description, shall be marked on each non -bulk package in association with the proper shipping name and identification number, and shall be marked on two opposing sides of each bulk package. Revision: November 1, 2018 Anhydrous Ammonia Page 7 of 9 Page 113 of 1174 14.2 International HAZARD CLASS: PROPER. SHIPPING NAME: LABEL/PLACARD: IDENTIFICATION NUMBER: ADDITfONAL INFORMATION: 2.3 (Poison Gas), Subsidiary 8 (Corrosive) Ammonia, Anhydrous 23, 8 / Poison Gas, Corrosive (Subsidiary) UN 1005 Marine pollutant ENVICS. MEN"I'AL HAZARDS: WIDG, Known Marine Pollutant: Yes United Nations Model Regulations,.Envirorunentally:HU azardous:: Yes `<,INHALA710N>> A a /KU 72 11, < i�L> S Preparationinformation: Revision Date November 1, 2018. Revised by:HJS Replaces Revision Date May 1, 2015. Revisions to this Safety Data Sheet Section 2: Added note regarding the degree of hazard for flammability in a confined space. Added note regarding the .l.lazardous:Materials :identification System (11MUS). Section 8: Reformatted and added information for Canada and Mexico.. Section 14. 1: Updated information for .Package .markings and added "Additional lirformation." Section 14.2: Updated "Additionalinformation." and "Environmental Hazards." HMIS Rating:: The American Coatings Association's (ACA).[-.-lazardouv.Materials .ldentification System (11MIS(F) and corresponding HMISVImplementation.Manual aid employers with tile development and implementation of a comprehensive Hazard Communication Program. The program and manual address hazard assessment, labeling, Safety Data Sheets (SDS), and emptqyee training. ACA's HMISO hazard rating scheme is designed to be compatible with workplace labeling requirements of the U.S. Occupational Safely andHealth Administration's (OSHA) revised Hazard Communication Standard (14CS). It is constructed to communicate hazard information to employees through training and the use of colors, numbers, letters ofthe alphabet, and symbols oftypes of personnel protective equipment (PPE). HMISS ratings are to be used with a fully implemented. IM.SO program. It is the responsibility of the employer to determine the appropriate hazard classification and personnel protective equipment (PPE) code for this material. Revisiom November 1, 2018 Anhydrous Ammonia Ram Page 114 of 1174 For more information on HNIISO consult the HMISV Implementation Manual. HMIS® is a registered trademark and service mark of the American Coatings Association, Inc. Acronvins: ACGIH: American Conference of Governmental Industrial Hygienists ANSI: American National Standards Institute CAS: Chemical Abstracts Service CFR: Code of Federal Regulations DHS: Department of Homeland Security DOT: Department of Transportation EPA: Environmental Protection Agency HMIS: Hazardous Materials Identification System IARC: International Agency for Research on Cancer IDLH: Immediately Dangerous to Life or Health IMDG: International Maritime Dangerous Goods NFPA: National Fire Protection Association NIOSH: National Institute for Occupational Safety and Health NTP: National Toxicology Program OSHA: Occupational Safety and Health Administration PEL: Permissible Exposure Limit PPM: Parts Per Million RCRA: Resource Conservation and Recovery Act REL: Recommended Exposure Limit SCBA: Self Contained Breathing Apparatus STEL: Short Term Exposure Limit TLV: Threshold Limit Value TWA: Time Weighted Average Disclaimer: ....................................................................... The information, data, and recommendations in this safety data sheet relate only to the specific material designated herein and do not relate to use in combination with any other material or in any process. To the best of our knowledge, the information, data, and recommendations set forth herein are believed to be accurate. We make no warranties, either expressed or implied, with respect thereto and assume no liability in connection with any use of such information, data, and recommendations. Judgements as to the suitability of the information contained herein for the party's own use or purposes are solely the responsibility of that party. Any party handling, transferring, transporting, storing, applying or otherwise using this product should review thoroughly all applicable laws, rules, regulations, standards and good engineering practices. Such thorough review should occur before the party handles, transfers, transports, stores, applies or otherwise uses this product. Revision: November 1, 2018 Anhydrous Ammonia Page 9 of 9 Page 115 of 1174 Client#: 1549796 DI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD 5/28/2021 ti IT 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 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 ADDLsUBR LTR ,,, PE OF INSURANCE INSR , D ,.... POLICY NUMBER ..... POLICY EFF POLICYEXP .. (MM/DD ) . (MM1DD/Y ,9 , LIMITS COMMERCIAL GENERAL LIABILITY 1426000100 �...... 6/01/2021 06/0112022 EACH OCCURRENCE $19000,000.. CLAIMS -MADE � OCCUR TO RENTED PREMISES $300,000 ..DAM9AS�,,E Products Pollution f QE,s occurrence! MED EXP (Any one person) $25,000 PERSONAL& ADV INJURY 1$1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - GENERAL AGGREGATE $2,000,000 X,. .......... _.�........................................_�._,..." _ _. POLICY ECT LOC PRODUCTS-COMP/OPAGO $2 000,000 . , . .....-.._. ... _„ OTHER: I $ C AUTOMOBILE LIABILITY 1000636115211 6/01/2021(0101,2022, OMBIIHeDSIId(aLELIMIT X1,000000 ANY AUTO BODILY INJURY (Per person) $ OWNED A ,.,SCHEDULED AUTOS ONLY� AUTOS �..... .. ®,,, , ..... BODILY INJURY (Per accident) € $ i HIRED NOWOWNEDPR AUTOS ONLY AUTOS ONLY DAMAGE Per ®r accident) $ j r A X UMBRELLA LIAB XOCCUR 1426000200 ..... 6/01/2021 0610112022" EACH OCCURRENCE $16,000,000 I3 X EXCESSLIAB CLAIMS -MADE IEELCASB93JMOOI 6101/2021 06/01/2022°AGGREGATE $16,000,000 c DED N $ _ . KERSEMPLCOMPENSATION WORKERS100000175807 6/01/2021 06/01/2022 PIdLI" °ISH lI LIABILIT YIN r ANY PRPRIYTOR' R/EXECUTIVE OFFICER/MEMBER EXCLUDED? ® N / A I E.L EACH ACCIDENT $1 ®®0 OOQ ....... A,.,,, r ... (Mandatory In NEI) E.L.DISEASE- EA EMPLOYEE $1,00®,000 If yes, describe under ,,,,,,-....... --- OPERATIONS below , ,, .. _ . ......__ ,,, ,,,,,,,,,,,,,, , .......... ....... .. E.L.ISEASE -POLICY LIMIT " $...... 000 Automobile1P ® 1000636115211 ..-. ..,, ...... .. ....,"...,,, 0610112021 06/01/202 Comprehensive -$100 Ded Faired Car Collision -$1,000 Ded Physical Darns e ..DESCRIPTION OF OPERATIONS t LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)....... Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Tanner Industries, Inc. i THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 735 Davisville Rd., Fl 3 ACCORDANCE WITH THE POLICY PROVISIONS. Southampton, PA 18966-3282 1 ____ @ 1966®2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 Of 1 The ACORD name and loge are registered marks of ACORD #532221581/ 32196929 RXCFT Page 116 of 1174 iT Mss Melissa Roberts TANNER INDUSTRIES City of Boynton Beach 100 f ast Boynton Beach Blvd Boynton Beach, Fl, 33435 Dear Ms. Roberts: 735 DAVISVILLE ROAD, THIRD FLOOR SOUTHAMPTON, PA 18966-3200 215-322-1238 FAX 215-322-7725 www,tannerind.com September 22, 2021 Via email:nr: bert:����r: ut: ' i ii::i hp L"I"S Cc: :1° �I :i id rr b� f"[:iL:, Tanner Industries agrees to extend an invitation to piggy -back off the bid for City of Stuart, Bid # 2021...413, for l.t.l bulb quantities of Metallurgical Grade Anhy sous Ammonia for delivery to your facility in Boynton :Beach, FL. 39 per pound delivered Price includes 2 hours unloading time Terms: Net cash in 30 days Effective: October 1, 2021. ]Farm thru: September 30, 2023 If you are in agreement please sign below indicating your approval: City of Boynton Beach: "fanner Industries: Name: Name:.d ,,.�........... Title: Title: *Please Note: Tanner Industries, Inc. is in agreement to fill either a leased storage tank from Tanner Industries, Inc. or a customer owned storage tank. We appreciate the business you place with us. If we may be of any further service, please do not hesitate to contact us. Sincerely, Tanner Industries, Inc. Matt Tanner Sales Administrator Page 117 of 1174 6.H. Consent Agenda 10/19/2021 Requested Action by Commission: Proposed Resolution No. R21-138 - Approve and authorize the Mayor to sign modification two to Hazard Mitigation Grant Program (HMGP) contract (No. H0054) with the Division of Emergency Management for the Lakeside Gardens Drainage Improvements, Phase I in the amount of $2,834 for management cost. Explanation of Request: In October 2019, the City Commission approved Resolution No. R19-107 authorizing the Mayor to sign the HMGP cost -reimbursement Contract #H0054 for Phase I (the design phase) of Lakeside Gardens Neighborhood (Exhibit 1 — Location Map). On February 28, 2021, City signed Modification One which extended the agreement's Period of Performance to February 28, 2021. Staff recommends that Commission allow the Mayor to sign Modification Two (Exhibit 2 — Contract Modification). This modification provides: An additional $2,834 for Sub -Recipient Management Costs for the City to manage Phase I portion of the grant and complete reporting activities, and Extends the agreement's Period of Performance to December 31, 2021 to allow for request for reimbursements and grant closure. Phase I revised grant amount will be $86,084.00. The City has already been reimbursed for the initial contract amount of $83,250.00. The Sub -Recipient Management Costs is 100% federally funded and will retroactively reimburse the City for management activities conducted during the project design already completed and approved by the Division and FEMA. How will this affect city programs or services? The Lakeside Gardens community is prone to flooding during spring and king tides, storm events, and periods of prolonged rain. Implementation of the drainage improvements will provide an improved level of service that reduce nuisance flooding and standing water in the neighborhood. Fiscal Impact: This is a reimbursement of $2,834 for work paid for by the City funded in the 403 fund. Amendment of grant agreements entitles the City to reimbursement of these funds. Alternatives: Decline the modification in the amount of $2,834 for management cost already incurred. Strategic Plan: Strategic Plan Application: Page 118 of 1174 Climate Action Application: Is this a grant? Yes Grant Amount: $86,427.00 Attachments: Type D IRE)S()l� LA ti 0 111 D Ca: intract D D ings Description RE)SOkAboin appiroviing IModificaboin Tw�) to ('34'aint Ag r'E)E)irT1E)1['1 t Exhibit 2 (3)iraint Cointract DOCLAirTIENI'ItS Exhibit 1...PrOOKft I ocaboin li ap Page 119 of 1174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN MODIFICATION NUMBER TWO TO HAZARD MITIGATION GRANT PROGRAM (HMGP) CONTRACT (NO. H0054) WITH THE DIVISION OF EMERGENCY MANAGEMENT FOR THE LAKESIDE GARDENS DRAINAGE IMPROVEMENTS, PHASE I IN THE AMOUNT OF $2,834 FOR MANAGEMENT COST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, October 2019, the City Commission approved and authorized Mayor Grant to sign the HMGP cost -reimbursement Contract #H0054 for Phase I (the design phase) of Lakeside Gardens Neighborhood (Exhibit 1 — Location Map); and WHEREAS, February 28, 2021, the City signed Modification One which extended the agreement's Period of Performance to February 28, 2021; and WHEREAS, staff recommends that Commission allow the Mayor to sign 18 Modification Two (Exhibit 2 — Contract Modification); and 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, this modification provides an additional $2,834 for Sub -Recipient Management Costs for the City to manage Phase I portion of the grant and complete reporting activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 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. Section 2. The City Commission approves and authorizes the Mayor to sign modification two to Hazard Mitigation Grant Program (HMGP) contract (No. H0054) with S:ACA\RESO\Agreements\Grants\Approve Modification Two To Hazard Mitigation Program Grant Cosi Contract - Reso.IPage 120 of 1174 30 the Division of Emergency Management for the Lakeside Gardens Drainage Improvements, 31 Phase I in the amount of $2,834 for management cost, a copy of Modification Two is 32 attached hereto and incorporated herein as Exhibit "A". 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 19th day of October, 2021. 35 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor — Steven B. Grant 42 43 Vice Mayor — Woodrow L. Hay 44 45 Commissioner—Justin Katz 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner — Ty Penserga 50 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 S:ACA\RESO\Agreements\Grants\Approve Modification Two To Hazard Mitigation Program Grant Cosi Contract - Reso.IPage 121 of 1174 SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL SUB -RECIPIENT: City of Boynton Beach PROJECT #: 4337-121-R PROJECT TITLE: City of Boynton Beach Lakeside Gardens Improvement, Drainage/Phase I CONTRACT #: H0054 MODIFICATION #: Two SUB -RECIPIENT REPRESENTATIVE POINT OF CONTACT Ms. Angela Prymas, Senior Engineer City of Boynton Beach 124 East Woolbright Road Bovnton Beach, Florida 33435 Enclosed is your copy of the proposed contract/modification between City of Boynton Beach and the Florida Division of Emergency Management (FDEM). COMPLETE ❑ This form is required to be included with all Reviews, Approvals, and Submittal ❑ Two (2) Copies printed for Approval or One (1) copy to be electronically signed ❑ Printed Single -sided (If your policy is to copy two sided please contact i e and I will send .you two original ne...si ed cies f signature) Reviewed and Approved Signed and Dated by Official Representative (blue irk) or signed electronically Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, Chief Attachment I - Federal Funding Accountability and Transparency Act (FFATA) completed, signed, and dated (❑ N/A for Modifications) May be signed electronically. Two Signed and dated Originals mailed to FDEM -Tallahassee or One Original signed electronically and emailed to Grants Specialist. Florida Division of Emergency Management Mitigation Bureau — HMGP 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention — Grant Specialist —Maleather Y. Ash If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 815-4522 or email me at Debbie.Williams@em.myflorida.com. Page 122 of 1174 Contract Number: H0054 Project Number: 4337-121-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF BOYNTON BEACH This Modification Number Two made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and the City of Boynton Beach ("the Sub -Recipient") to modify Contract Number H0054, dated October 22, 2019, ("the Agreement"). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub -Recipient under the Hazard Mitigation Grant Program of $83,250.00, in Federal Funds; and WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on February 28, 2021; and WHEREAS, the Division and the Sub -Recipient desire to reinstate and extend the terms and increase the Federal Funding under the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin October 22, 2019 and shall end December 31, 2021, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Agreement is amended to increase the Federal Funding by $2,834.00, for the maximum amount payable under the Agreement to $86,084.00, (Eighty -Six Thousand Eighty -Four Dollars and No Cents) 4. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 2nd Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 5. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 6. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. Page 123 of 1174 7. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB -RECIPIENT: CITY OF BOYNTON BEACH By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie. Director Date: 2 Page 124 of 1174 Attachment A (2nd Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to improve drainage along Potter Road and North Lake Drive in Lakeside Gardens Neighborhood in Boynton Beach, Palm Beach County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR -4337-121-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, City of Boynton Beach, shall conduct Phase I of this project, which includes the preliminary engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub -Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to improve the drainage system along Potter Road and North Lake Drive in Lakeside Gardens Neighborhood located in Boynton Beach, Florida 33435. Coordinates: NE (26.552477, -80.052960); NW (26.552155, -80.055361); SE (26.551157, - 80.052975); SW (26.551187, -80.055517). The scope of work is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase I I approval. No construction activities for this project have been approved. When completed, the Sub -Recipient shall provide deliverables for Phase II review of the following proposed activities. The Phase II proposed scope of work shall include construction of the proposed project and execution of all activities; the proposed upgraded drainage systems major items involve new roadway drainage, reconstruction, widening and regrading of the roadway with curb and gutter, including two outfalls where stormwater discharges into the intercoastal waterway. Four existing structures will be replaced, and five new drainage structures will be installed, include a drainage pump station. Both existing outfalls will be redesigned/upsized including back flow prevention valves. The new drainage system, roadway widening and regrading including curb and gutters, will promote better surface drainage that leads to greater protection of life and property in the Lakeside Gardens neighborhood. The project shall be designed to provide protection against a 50 -year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the Phase I scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed ICI Page 125 of 1174 Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase 11 determination upon completion of the review of Phase I deliverables. No construction activities are approved at this time. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting survey, drainage study, engineering, design, public notices, and/or permitting associated with the modification(s) needed to upgrade the drainage. Verification of upstream and downstream impacts shall be necessary for determining project eligibility. All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all scope of work changes, if any. a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies. b) Construction Plans / bid documents. c) Revised cost estimate for Phase 11 — construction (include Phase I costs), to implement the design project. El Page 126 of 1174 d) Design documents shall provide a detailed description which includes specifics on project scope of work, depth and extent of ground disturbance at all construction locations of the project. e) Color maps including topographical, aerial, and ground disturbance. D Color photographs of the project area and areas of ground disturbance. g) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be required. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. h) Copy of the Florida Department of Transportation (FDOT) permit or No Permit Required notification, if applicable. i) Copy of the United States Army Corps of Engineers (USACE) permit or No Permit Required notification. j) Letter from the Floodplain manager verifying the project is in compliance with local floodplain ordinances/regulations. k) Any other documentation requested by the Division, not limited to Project Conditions and Requirements herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Direct Expenses: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Sub -Recipient Management Costs (SRMC): The Sub -Recipient shall pre -audit source documentation — personnel, fringe benefits, travel, equipment, supplies, contractual, and indirect costs. A brief narrative is required to identify what the funds will be used for. Documentation shall be detailed and clearly describe each approved task performed, hours devoted to each task, and the hourly rate charged including enough information to calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly shown on the Personnel Activity Form. 5 Page 127 of 1174 Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual Phase I costs related to the project as identified in the project application and this scope of work. The Requests for Reimbursement (RFR) shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's Request for Reimbursement shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of Phase I activities, which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase II approval, and to implement measures to upgrade the drainage system along Potter Road and North Lake Drive in Lakeside Gardens Neighborhood located in Boynton Beach, Florida 33435. The project shall be designed to provide protection against a 50 -year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit signed and sealed Engineering plans that clearly show the engineer's estimate of the pre and post -mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding C. Page 128 of 1174 requested). The H&H study shall contain at least 3 scenarios, where one represents the level of protection; under each scenario, the Sub -Recipient must identify the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented). This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. 2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the same plan. 3) Submit a refined cost estimate, to include final Phase I Fees and Phase II Construction Materials and Labor. D) Environmental: 1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and other Laws and Executive Orders. 2) Acceptance of federal funding requires the Sub -Recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. 3) Consultation with the Floodplain manager is required to ensure the project is in compliance with local floodplain ordinances/regulations. 4) Meet all required Environmental laws and policies, and all necessary Environmental compliance documents shall be obtained as applicable. a) United States Army Corps of Engineers (USACE): Consultation with the USACE is required. A permit or No Permit Required shall be submitted. b) Florida Department of Transportation (FDOT): Any onsite/offsite improvements associated with proposed project activities that impact FDOT right-of-way shall require the appropriate FDOT permit(s). FDOT Permit Coordinator shall be contacted once finalized plans are available. c) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be submitted. Any conditions for compliance shall be included in the final design plans, narrative, and project implementation actions. 5) Historical Preservation compliance documents shall be obtained. Review documentation required: a) Color maps including topographical and aerial with the project location clearly marked. b) Color photographs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or historic neighborhood. 6) Tribal Consultation shall be required for proposed ground disturbing activities. The following documents shall be required and submitted as part of deliverables: a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. 7 Page 129 of 1174 c) Any known site work or historic uses for the proposed location. d) Any available studies that may have taken place on the property. 7) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEMA before Phase I I is considered. 8) No construction work may begin until Phase II is approved by the Division and FEMA. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be published in a manner that anyone that may be affected or interested in this project has access to the posting, using the Division template, as applicable. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) Phase I — Design of this project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA before Phase II — Construction is considered. 8) When Phase I is completed, the Sub -Recipient must provide 100% completed designs, calculations, a full set of signed and sealed plans and, permits for a Phase II review. A final BCA using developed technical data and study results will take place. The data inputs to the final BCA for Phase II approval, must be based on the inputs and outputs of a hazard related study such as erosion, Hydraulic & Hydrologic study, damage calculations, road closures, etc. No assumptions or historical damage will be acceptable for final BCA of Phase II approval. No construction activities for this project have been approved. 9) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 10) Sub -Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program Management Costs (Interim) FEMA Policy 104-11-1, provides 100% federal funding under HMGP to Sub -Recipients to efficiently manage the grant and complete activities in a timely manner. Page 130 of 1174 a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, allowable, allocable and necessary to the overall project. b) Funding is for approved indirect costs, direct administrative costs, and administrative expenses associated with this specific project and shall have adequate documentation. c) SRMC cannot exceed 5% of the total project costs awarded. d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each individual Request for Reimbursement (RFR) submitted with the required documentation. e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis. f) If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. This is FEMA project number 4337-121-R. It is funded under HMGP, FEMA -4337 -DR -FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on June 14, 2019; with a Pre -Award date of March 1, 2018; this Agreement was executed on October 22, 2019; and the Period of Performance for this project shall end on December 31, 2021. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub - Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. Schedule of Work Phase I — State Contracting: 10 Months Bidding / Local Procurement: 3 Months Design Specifications: 10 Months Permitting / Survey: 2 Months Deliverables Submitted to FDEM: 5 Months Total Period of Performance: 30 Months 9 Page 131 of 1174 BUDGET Line Item Budget* Phase I Project Cost Federal Cost Non -Federal Cost Materials: $0.00 $0.00 $0.00 Labor: $0.00 $0.00 $0.00 Fees: $58,677.00 $0.00 $58,677.00 **Pre -Award: $111,000.00 $83,250.00 $27,750.00 Initial Agreement Amount: $169,677.00 $83,250.00 $86,427.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $169,677.00 $83,250.00 $86,427.00 ****SRMC SRMC: $2,834.00 $2,834.00 SRMC-Pre-Award: $0.00 $0.00 SRMC Total: $2,834.00 $2,834.00 *Any line -item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. **This project has a Pre -Award, approved by FEMA in the amount of $111,000.00 project costs with a start date of March 1, 2018. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part Vl, D. 3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0.00. **** Sub -Recipient Management Costs (SRMC) are included for this project in the amount of $2,834.00 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy 104-11-1, SRMC provides HMGP funding to Sub -Recipients to efficiently manage the grant and complete activities in a timely manner. SRMC must conform to 2 CFR Part 200, Subpart E, ensuring costs are reasonable, allowable, allocable and necessary to the overall project. SRMC cannot exceed 5% of the approved total project costs awarded and shall be reimbursed at 5% for each Request for Reimbursement (RFR) submitted with the required documentation. If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. 10 Page 132 of 1174 Funding Summary Totals Federal Share: Non -Federal Share: Total Project Cost: SRMC (100% Federal) $83,250.00 (49.063809473%) $86,427.00 (50.936190527%) $169,677.00 (100.00%) 11 $2,834.00 Page 133 of 1174 M Consent Agenda 10/19/2021 Requested Action by Commission: Proposed Resolution No. R21-139 - Approve and authorize Mayor to sign the Hazard Mitigation Grant Program contract (No. H0712) with the Florida Division of Emergency Management for the Lakeside Gardens Drainage Improvements, Phase II in the amount of $800,752.00 for project construction with a Period of Performance starting on execution through December 31, 2023. Explanation of Request: In October 2019, Commission approved Resolution No. R19-107 authorizing the Mayor to sign the Hazard Mitigation Grant Program's cost -reimbursement Contract (No. H0054) for Phase I (the design phase) of Lakeside Gardens Neighborhood (Exhibit 1 — Location Map). Phase I provided a matching grant of $83,250 for the design of the neighborhood's drainage improvements. The design phase is complete and the City is ready to proceed to the construction phase (Phase 11). This grant provides a reimbursable matching grant in the amount of $800,752.00 in Federal funds with a local cost - share of $425,580.00. How will this affect city programs or services? The Lakeside Gardens community is prone to flooding during spring and king tides, storm events, and periods of prolonged rain. Implementation of the drainage improvements will provide an improved level of service that reduce nuisance flooding and standing water in the neighborhood. Fiscal Impact: Funds for the construction of this project are budgeted in 403-5000-538.65-09, Project No. UC1802 along with the matching amount. Alternatives: Decline the grant for the drainage improvements of the Lakeside Gardens neighborhood. Strategic Plan: Strategic Plan Application: Climate Action Application: Mitigate the effects of flooding due to storm events and sea level rise. Is this a grant? Yes Grant Amount: $800,752.00 Page 135 of 1174 Attachments: Type D IRE)S()ll LA ti 0 II'l D Ca: intract D I ocaboin li ap Description IRE)SOkAboin appiroviing Il lla zaird IMitigaboin IFlirogirairn ('34'aint IFlhaSE) II II I UMC:..,)Fl (3)iraint Cointract I d(E)SidE) C:.,)air'dE)l['IS IMap Page 136 of 1174 1 RESOLUTION NO. R21 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE HAZARD 5 MITIGATION GRANT PROGRAM CONTRACT (NO. H0712) WITH THE 6 FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR THE LAKESIDE 7 GARDENS DRAINAGE IMPROVEMENTS, PHASE II IN THE AMOUNT OF 8 $800,752.00 FOR THE PROJECT'S CONSTRUCTION WITH A PERIOD OF 9 PERFORMANCE STARTING ON EXECUTION THROUGH DECEMBER 31, 10 2023; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, in October 2019, the City Commission approved and authorized the 14 Hazard Mitigation Grant Program's cost -reimbursement Contract (No. H0054) for Phase I 15 (the design phase) of Lakeside Gardens Neighborhood which Phase I provided a matching 16 grant of $83,250 for the design of the neighborhood's drainage improvements; and 17 WHEREAS, since the design phase is complete and the City is ready to proceed to 18 the construction phase (Phase II), this grant provides a reimbursable matching grant in the 19 amount of $800,752.00 in Federal funds with a local cost -share of $425,580.00; and 20 WHEREAS, the Lakeside Gardens community is prone to flooding during spring 21 and king tides, storm events, and periods of prolonged rain and implementation of the 22 drainage improvements will provide an improved level of service that reduce nuisance 23 flooding and standing water in the neighborhood. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 25 OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission approves and authorizes the Mayor to sign S:ACA\RESO\Agreements\Grants\Approve Hazard Mitigation Program Grant Phase 11 - Reso.Docx Page 137 of 1174 31 the Hazard Mitigation Grant Program contract (No. H0712) with the Florida Division of 32 Emergency Management for the Lakeside Gardens Drainage Improvements, Phase II in the 33 amount of $800,752.00 for the project's construction with a Period of Performance starting 34 on execution through December 31, 2023, a copy of which is attached hereto and 35 incorporated herein as Exhibit "A". 36 Section 3. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this 19th day of October, 2021. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ATTEST: 58 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 66 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE YES NO S:ACA\RESO\Agreements\Grants\Approve Hazard Mitigation Program Grant Phase 11 - Reso.Docx Page 138 of 1174 SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL SUB -RECIPIENT: City of Boynton Beach PROJECT #: 4337-121-A PROJECT TITLE: City of Boynton Beach, Lakeside Gardens Improvement Drainage/Phase 2 CONTRACT #: H0712 MODIFICATION #: N/A SUB -RECIPIENT REPRESENTATIVE POINT OF CONTACT Ms. Angela Prymas, Senior Engineer 124 East Woolbright Road Bovnton Beach. Florida 33435 Enclosed is your copy of the proposed contract/modification between the City of Boynton Beach, and the Florida Division of Emergency Management (FDEM). COMPLETE This form is required to be included with all Reviews, Approvals, and Submittal Two (2) Copies printed for Approval or One (1) copy to be electronically signed Printed Single -sided (If your policy is to copy two ...sided please contact i° e and I will send you two original one...sided copies for signature) Reviewed and Approved Signed and Dated by Official Representative (blue irk) or siqned el U Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) completed, signed, and dated (❑ N/A for Modifications) May be signed electronically. ❑ Two Signed and dated Originals mailed to FDEM — Tallahassee or One Original signed electronically and emailed to Grants Specialist. Florida Division of Emergency Management Mitigation Bureau — HMGP 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention — Grant Specialist —Maleather Y. Ash, FCCM Maleather.ash(cDem.mvflorida.com If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 815-4522 or email me at Debbie.Williams@em.myflorida.com. Page 139 of 1174 Agreement Number: H0712 Project Number: 4337-121-A FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.1, "pass-through entity" means "a non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Sub -Recipient" means "an entity, usually but not limited to non - Federal entities that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.1, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.332: Sub -Recipient's name: City of Boynton Beach Sub -Recipient's unique entity identifier (FEIN): Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub - Recipient by the pass-through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: 59-6000282 FEMA -DR -4337 -FL July 15, 2021 Upon execution through December 31, 2023 752.00 $800,752.00 0,752.00 Drainage, Phase II Federal Emergency Management Agency FL Division of Emergency Management Debbie.Williams em.myflorida.com 97.039 Hazard Mitigation Grant Program N/A N/A Page 140 of 1174 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the City of Boynton Beach, (hereinafter referred to as the "Sub -Recipient") For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302(a) provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by section 215.971 (1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. Page 141 of 1174 vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests b. The Division's Grant Manager for this Agreement is: Ms. Debbie Williams Project Manager Bureau of Mitigation Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-815-4522 Email: Deb bie.WilHams aem.myflorida.com The Division's Alternate Grant Manager for this Agreement is: Kathleen Marshall Community Program Manager Bureau of Mitigation Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Telephone: 850-815-4503 Email: Kathleen.Marshall@em.myflorida.com 3 Page 142 of 1174 1. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Ms. Angela Prymas, Senior Engineer City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 Telephone: 561-742-6421 Email: PrymasA@bbfl.us 2. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end on December 31, 2023, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. n Page 143 of 1174 b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $800,752.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.329, that the Division and the Sub -Recipient "relate financial data to performance goals and objectives of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (See 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in Page 144 of 1174 the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.1, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right Page 145 of 1174 of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.332(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.334, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient. V. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). Page 146 of 1174 d. In accordance with 2 C.F.R. §200.335, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.336, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to Page 147 of 1174 perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. 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: (850) 815-7671 Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.1, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.1, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Sub -Recipient of such non- compliance. E Page 148 of 1174 e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(1), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. 10 Page 149 of 1174 d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment F. (13) MONITORING a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of 11 Page 150 of 1174 sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: 12 Page 151 of 1174 Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18) PROCUREMENT 13 Page 152 of 1174 a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. e. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." f. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: business; companies; contracts; equivalent; i. Place unreasonable requirements on firms in order for them to qualify to do ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an 14 Page 153 of 1174 vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. g. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. h. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(a), Florida Statutes. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(2) as well as section 287.057(1)(b), Florida Statutes. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). k. If the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall review its competitive solicitation and subsequent contract to be awarded for compliance with the procurement standards in 2 C.F.R. §§200.318 through 200.327 and required contract provisions in Appendix II to 2 C.F.R. Part 200. If the Sub -Recipient publishes a competitive solicitation or executes a contract that is not in compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 or the requirements of Appendix II to 2 C.F.R. Part 200, then the Sub -Recipient is on notice that the Division may: paragraph (17) above; or, solicitation. Terminate this Agreement in accordance with the provisions outlined in Refuse to reimburse the Sub -Recipient for any costs associated with that FEMA has developed helpful resources for subgrant recipients related to compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 and required contract provisions in Appendix II to 2 C.F.R. Part 200. These resources are generally available at htt�se//www.fema.aov/procurement-disaster-assistance-team. 15 Page 154 of 1174 (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Scope of Work iii. Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances V. Attachment D — Request for Advance or Reimbursement vi. Attachment E — Justification of Advance Payment vii. Attachment F — Quarterly Report Form viii. Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment X. Attachment I — Federal Funding Accountability and Transparency Act A. Attachment J — Mandatory Contract Provisions xii. Attachment K — Certification Regarding Lobbying (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division We Page 155 of 1174 to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 17 Page 156 of 1174 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals or affiliates: Are not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded or disqualified from covered transactions by a federal department or agency; Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. h. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation 18 Page 157 of 1174 of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. k. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. The Division 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), Florida Statutes, 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. (23) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 19 Page 158 of 1174 connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is 20 Page 159 of 1174 inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because 21 Page 160 of 1174 such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of 22 Page 161 of 1174 such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. 23 Page 162 of 1174 The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 24 Page 163 of 1174 iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. If this subgrant agreement amount is $100,000 or more, the Sub -Recipient, and subcontractors as applicable, shall sign Attachment K — Certification Regarding Lobbying. (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 25 Page 164 of 1174 iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33) ASSURANCES Attachment C. The Sub -Recipient shall comply with any Statement of Assurances incorporated as Page 165 of 1174 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: CITY OF BOYNTON BEACH By: Name and Title: Date: FEID#: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie. Director Date: 27 Page 166 of 1174 EXHIBIT — 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: $ 800,752.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 C.F.R. Part 205 Rules and Procedures for Funds Transfers Federal Program: Sub -Recipient is to use funding to perform the following eligible activities: • Intermediate Stormwater Drainage System • Major Flood Control Drainage System 2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. 28 Page 167 of 1174 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to improve drainage in the Lakeside Gardens Neighborhood located in Boynton Beach, Palm Beach County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR -4337-121-A, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, City of Boynton Beach, agrees to administer and complete the project per sealed engineering designs and construction plans as submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to provide an upgraded drainage system along Dimick Road, Potter Road, and North Lake Drive in the Lakeside Gardens Neighborhood located in Boynton Beach, FL 33435. The Phase 11— Construction scope of work proposes an upgraded drainage system that includes roadway drainage and stormwater piping activities. Pavement and curbing will be demolished and removed before the roadways are regraded on Dimick Road, Potter Road, and North Lake Drive. Proposed grading may constitute elevation and widening activities, but the primary improvements are in road slope and new curbs and catch basins. All work will tie back to existing grade. New 24" RCP stormwater piping and corresponding structures will be installed along Dimick Road. New 15", 18", 24", and 36" RCP stormwater piping and corresponding structures will be installed along Potter Road, as well as 6" PVC stormwater outfall piping. New 18" RCP stormwater piping and corresponding structures will be installed along North Lake Drive. 6" and 8" water line work will take place on Potter Road and North Lake Drive to prevent utility conflicts. The drainage system will tie into the existing infrastructure and includes the retrofit of the existing North Lake Drive stormwater outfall. An additional outfall location is proposed at the end of Potter Road, this will also be 36" RCP and 6" PVC stormwater piping. Both locations are proposed as the discharge points into the intercostal waterway. The project shall provide protection against a 100 -year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: ID#JNrW77 Location Z(26.551187,W-80.055517) 1) Boynton Beach, FL 33435 0.052960) 2) Boynton Beach, FL 33435 80.055216)3) Boynton Beach, FL 33435 80.052975)4)W Boynton Beach, FL 33435E 80.055517) TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All 29 Page 168 of 1174 procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub - Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the installation to improve the drainage and provide flood protection. The project shall be implemented in accordance with sealed engineering designs and construction plans previously presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. The Sub -Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub -Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by the professional of record. The Sub -Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub - Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division. 30 Page 169 of 1174 Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: a) Copy of permits(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. c) Signed and Sealed As -built project plans (drawings) by the Professional of Record, two hard copies and an electronic version (via email or CD). d) Letter of Completion: 1. Affirming that the project was completed in conformance with the approved project drawings, specifications and scope; and 2. Certifying Compliance with all applicable codes. e) Letter verifying compliance with the National Historic Preservation Act, to include whether archaeological materials or human remains were encountered during project activities and, if so, how they were handled in accordance with Florida Statutes, Section 872.05. f) Verification of compliance with United States Army Corps of Engineers (USACE) permit number: SAJ-2019-04552 (NWP-RHF). g) Verification of compliance with South Florida Water Management District (SFWMD) Environmental Resource Permit (ERP) number: 50-103510-P. h) Verification of compliance with USACE NMFS JAXBO dated 11/20/2017, General Project Design Criteria (PDC) AP.1-14 and Activity Specific PDCs A2.1-15 and adherence to the Sea Turtle and Smalltooth Sawfish Construction Conditions and Standard Manatee Conditions for In -Water Work. i) Verification letter or documentation showing the fill was obtained either from a commercial source or a privately owned borrow pit where the fill was not obtained by the horizontal expansion of the pre-existing pit. j) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. 31 Page 170 of 1174 Sub -Recipient Management Costs (SRMC): The Sub -Recipient shall pre -audit source documentation — personnel, fringe benefits, travel, equipment, supplies, contractual, and indirect costs. A brief narrative is required to identify what the funds will be used for. Documentation shall be detailed and clearly describe each approved task performed, hours devoted to each task, and the hourly rate charged including enough information to calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly shown on the Personnel Activity Form. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, sealed engineering designs, and construction plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of upgraded drainage system along Dimick Road, Potter Road, and North Lake Drive in the Lakeside Gardens Neighborhood located in Boynton Beach, FL 33435. Proposed grading may constitute elevation and widening activities, but the primary improvements are in road slope and new curbs and catch basins. All work will tie back to existing grade. The completed project shall provide protection against a 100 -year storm event. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 32 Page 171 of 1174 1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall submit a signed and sealed final copy of the completed project's As -built drawings and all necessary supporting documentation and provide a summary of all contract scope of work changes, if any. 3) The Sub -Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection Report and/or Final Approval, as applicable. 4) The Sub -Recipient shall submit a certified letter of completion from Engineer of Record. The Sub - Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable codes. 5) All installations shall be done in strict compliance with the Florida Building Code or any local codes and ordinances. All materials shall be certified to exceed the wind and impact standards of the current local codes. 6) The Sub -Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. D) Environmental: 1) Sub -Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances mayjeopardize federal funding. If project work is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies shall be redone. 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require re -submission of the application to FEMA through the Division for National Environmental Policy Act (NEPA) re-evaluation before starting project work. 3) The Sub -Recipient shall monitor ground disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If human remains or intact archaeological features or deposits (e.g. arrowheads, pottery, glass, metal, etc.) are uncovered, work in the vicinity of the discovery shall stop immediately and all reasonable measures to avoid or minimize harm to the finds shall be taken. The Sub -Recipient shall ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub -Recipient's contractor shall provide immediate notice of such discoveries to the Sub - Recipient. The Sub -Recipient shall notify the Florida Division of Historic Resources, the Division's State Environmental Liaison Officer and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA and the Division have completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida Statutes, Section 872.05. 4) Any changes to the approved scope of work will require submission to, and evaluation and approval by, the State and FEMA, prior to initiation of any work, for compliance with Section 106. 33 Page 172 of 1174 5) The Sub -Recipient must comply with the terms and conditions of USACE Permit No. SAJ-2019-04552 (NWP-RHF) and associated guidance. The Sub -Recipient must obtain permit modifications as necessary. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout. 6) The Sub -Recipient must comply with the conditions of the SFWMD ERP (#50-103510-P). Failure to comply with this condition may jeopardize FEMA funding; verification of compliance will be required at project closeout. 7) The proposed project must adhere to the attached USACE NMFS JAXBO dated 11/20/2017, General Project Design Criteria (PDC) AP.1-14 and Activity Specific PDCs A2.1-15. The Sub -Recipient must also adhere to the attached Sea Turtle and Smalltooth Sawfish Construction Conditions and Standard Manatee Conditions for In -Water Work. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout. 8) Fill shall come from either a commercial source or a privately owned borrow pit where the fill is not obtained by the horizontal expansion of the pre-existing pit. 9) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of the new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 8) If the Sub -Recipient is not the current title holder of the affected properties, the Sub -Recipient shall provide documentation confirming the property acquisition and easement rights were obtained voluntarily. If condemnation or eminent domain is used to obtain easement rights, FEMA shall not pay for any associated costs or payments to the property owner. Furthermore, FEMA shall not consider it an eligible contribution to the non -Federal cost share requirement and shall not financially participate in that component of a project if land or easements are obtained involuntarily. 9) Sub -Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program Management Costs (Interim) FEMA Policy 104-11-1, provides 100% federal funding under HMGP to Sub -Recipients to efficiently manage the grant and complete activities in a timely manner. 34 Page 173 of 1174 a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, allowable, allocable and necessary to the overall project. b) Funding is for approved indirect costs, direct administrative costs, and administrative expenses associated with this specific project and shall have adequate documentation. c) SRMC cannot exceed 5% of the total project costs awarded. d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each individual Request for Reimbursement (RFR) submitted with the required documentation. e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis. f) If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. This is FEMA project number 4337-121-R, and shall be reported under 4337-121-A. It is funded under HMGP, FEMA -4337 -DR -FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on July 15, 2021; this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on December 31, 2023. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK Phase II— State Contracting: 3 Months Construction Plan/Technical Specifications: 2 Months Bidding / Local Procurement: 2 Months Construction / Installation: 14 Months Local Inspections / Compliance: 3 Months State Final Inspections / Compliance: 3 Months Closeout Compliance: 2 Months Total Period of Performance: 29 Months 35 Page 174 of 1174 BUDGET Line Item Budget* Phase II Project Cost Federal Cost Non -Federal Cost Materials: $313,642.00 $201,693.33 $111,948.67 Labor: $869,729.00 $559,295.42 $310,433.58 Fees: $8,959.00 $5,761.25 $3,197.75 Initial Agreement Amount: $1,192,330.00 $766,750.00 $425,580.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $1,192,330.00 $766,750.00 $425,580.00 ****SRMC SRMC: $34,002.00 $34,002.00 SRMC-Pre-Award: $0.00 $0.00 SRMC Total: $34,002.00 $34,002.00 *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0.00. **** Sub -Recipient Management Costs (SRMC) are included for this project in the amount of $34,002.00 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy 104-11- 1, SRMC provides HMGP funding to Sub -Recipients to efficiently manage the grant and complete activities in a timely manner. SRMC must conform to 2 CFR Part 200, Subpart E, ensuring costs are reasonable, allowable, allocable and necessary to the overall project. SRMC cannot exceed 5% of the approved total project costs awarded and shall be reimbursed at 5% for each Request for Reimbursement (RFR) submitted with the required documentation. If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. Funding Summary Totals Federal Share: $766,750.00 (64.3068613555%) Non -Federal Share: $425,580.00 (35.6931386445%) Total Project Cost: $1,192,330.00 (100.00%) SRMC (100% Federal) $34,002.00 Page 175 of 1174 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 C.F.R. Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statutes and regulations, the Sub -recipient must comply with the following: The Sub -recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub -recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub -recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub -recipient and any land use permitted by or engaged in by the Sub -recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Sub -recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub -recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub -recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub -recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. 37 Page 176 of 1174 (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 C.F.R. §206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub -recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (2 C.F.R. § 200.308); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub -recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty (60) days prior to the project expiration date. The Sub -recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216.181(6), Florida Statutes 38 Page 177 of 1174 (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes (14) 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 C.F.R., Part 35 and Part 39 (23) 42 U.S.C. 5154a 39 Page 178 of 1174 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub -recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub -recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub -recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub -recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub -recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub -recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub -recipient. Any cost incurred after a notice of suspension or termination is received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub -recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub - 40 Page 179 of 1174 recipient, this assurance shall obligate the Sub -recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to section 112.313 and section 112.3135, Florida Statutes; (h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Chapter 87 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 5 U.S.C. 7323 (further known as the Hatch Act) which limits the political activities of employees; Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 50, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Sub -recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 C.F.R. Section 101- 19.6 for general type buildings and Appendix A to 24 C.F.R., Part 40 for residential structures. The Sub -recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (1) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C.), Executive Order 11593, 36 C.F.R., Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (54 U.S.C. 3125) by: 41 Page 180 of 1174 (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R., Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 54 U.S.C., and implementing regulations in 36 C.F.R., Part 800. (4) When any of the Sub -recipient's projects funded under this Agreement may affect a historic property, as defined in 36 C.F.R., Part 800.16 (1)(1), the Federal Emergency Management Agency (FEMA) may require the Sub -recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub -recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub -recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub -recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub -recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub -recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Sub -recipient to implement the treatment plan. If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. (6) The Sub -recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be 42 Page 181 of 1174 eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub -recipient acknowledges that FEMA may require the Sub - recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub - recipient further acknowledges that FEMA may require the Sub -recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub -recipient also acknowledges that FEMA will require, and the Sub -recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub -recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub -recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with applicable provisions of the following laws and policies prohibiting discrimination: (1) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on race, color, or national origin (including limited English proficiency). (2) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based on disability. (3) Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. (4) Age Discrimination Act of 1975, which prohibits discrimination based on age. (5) U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4541-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and 43 Page 182 of 1174 Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7675; (v) It will comply with the Clean Water Act of 1977, as amended, 33 U.S.C. 1251-1388 (w) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4701-4772; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 54 U.S.C.; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 54 U.S.C. 3125 (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j-27, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3501-3510; (h h) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-14674; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-668. Qj) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub - recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. Page 183 of 1174 (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub -recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub -recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857), Section 508 of the Clean Water Act (33 U.S.C. 1251-1388), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R., Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 45 Page 184 of 1174 SUB -RECIPIENT: REMIT ADDRESS: Attachment D REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS City of Boynton Beach CITY: STATE: PROJECT TYPE: Drainage, Phase II PROJECT #: PROGRAM: Hazard Mitigation Grant Program CONTRACT #: APPROVED BUDGET: FEDERAL SHARE: ADVANCED RECEIVED: N/A AMOUNT: Invoice Period: Total of Previous Payments to Date: through ZIP CODE: 4337-121-A H0712 (Federal) MATCH: SETTLED? Payment #: Eligible Amount 100% (Current Request) Obligated Federal Amount 64.3068613555% Obligated Non- Federal 35.6931386445% Division Use Only Approved Comments TOTAL CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB -RECIPIENT SIGNATURE: NAME: APPROVED PROJECT TOTAL $ APPROVED SRMC TOTAL: $ APPROVED FOR PAYMENT $ TITLE: TO BE COMPLETED BY THE DIVISION DATE: GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE Page 185 of 1174 Attachment O(cmnt) SUMMARY OFDOCUMENTATION |NSUPPORT OFAMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION ASSISTANCE PROGRAM SUB -RECIPIENT: City of Boynton Beach PAYMENT #: PROJECT TYPE: Drainage,Phase || PROJECT #: 4337'121-A PROGRAM Hazard MCONTRACT #: H0712 2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) 3 Date of delivery of articles, completion of work or performance services. (per document) 4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 47 Page 186 of 1174 REF NO2 DATE 3 DOCUMENTATION 4 (Check) AMOUNT ELIGIBLE COSTS This payment represents % compietion of the project. TOTAL 2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) 3 Date of delivery of articles, completion of work or performance services. (per document) 4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 47 Page 186 of 1174 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: City of Boynton Beach If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety (90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. Page 187 of 1174 Attachment F QUARTERLY REPORT FORM Instructions: Complete and submit this form to State Project Manager within 15 -days after each quarter: SUB -RECIPIENT: City of Boynton Beach PROJECT #: 4337-121-A PROJECT TYPE: Drainage, Phase II CONTRACT #: H0712 PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING: Advance Payment Information: Advance Received ❑ N/A ❑ Amount: $ Advance Settled? Yes ❑ No ❑ Financial Amount to Date: Sub -Recipient Total Project Expenditures to date (federal & local): $ Target Dates (State Agreement): Contract Execution Date: Contract Expiration Date: Date Deliverables Submitted: Closeout Requested Date: Describe Milestones achieved during this quarter: Project Proceeding on Schedule? ❑ Yes ❑ No (If No, Describe underIssues below) Percentage of Milestones completed to Date: % Describe Activities - Milestones completed this quarter only: Schedule of the Milestones -Activities: Milestone Dates (estimated) Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget Cost / Financial Comments: NOTE: Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, extensions. Contact the Division as soon as these conditions are known, otherwise you could be non-compliant with your sub -grant award. Sub -Recipient Contract Representative (POC): Signature: Phone: To be completed by Florida Division of Emergency Management Project Manager Project Manager Statement: ❑ No Action Required, OR ❑ Action Required: PM Percentage of Activates competed per PM Review QR Milestones Spreadsheet: % Date Reviewed: Reviewer: Project Manager i • Page 188 of 1174 Attachment G Warranties and Representations Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.327). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 5:00 PM, Monday Thru Friday, as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 50 Page 189 of 1174 Attachment H Subcontractor Covered Transactions The prospective subcontractor, , of the Sub -Recipient certifies, by submission of this document, that neither it, its principals, nor affiliates are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this transaction by any Federal department or agency. SUBCONTRACTOR By: Signature Name and Title Street Address City, State, Zip Date 51 City of Boynton Beach Sub -Recipient's Name H0712 DEM Contract Number 4337-121-A FEMA Project Number Page 190 of 1174 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is Ih)tti):://WWW.LJS,.�sI)eir)(.Jiir)g.gov/. The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or "Division") must use to capture and report sub -award and executive compensation data regarding first-tier sub -awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub - award (Agreement) that obligates $25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT #: 4337-121-A FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ 800,752.00 OBLIGATION/ACTION DATE: July 15, 2021 SUBAWARD DATE (if applicable): DUNS#: 072247133 9P1w6�;zz,lA 52 Page 191 of 1174 *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web formThe process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** PARENT COMPANY DUNS# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) The City of Boynton Beach proposes to provide an upgraded drainage system along Dimick Road, Potter Road, and North Lake Drive in the Lakeside Gardens Neighborhood located in Boynton Beach, FL 33435. The Phase II — Construction scope of work proposes an upgraded drainage system that includes roadway drainage and stormwater piping activities. Pavement and curbing will be demolished and removed before the roadways are regraded on Dimick Road, Potter Road, and North Lake Drive. Proposed grading may constitute elevation and widening activities, but the primary improvements are in road slope and new curbs and catch basins. All work will tie back to existing grade. New 24" RCP stormwater piping and corresponding structures will be installed along Dimick Road. New 15", 18", 24", and 36" RCP stormwater piping and corresponding structures will be installed along Potter Road, as well as 6" PVC stormwater outfall piping. New 18" RCP stormwater piping and corresponding structures will be installed along North Lake Drive. 6" and 8" water line work will take place on Potter Road and North Lake Drive to prevent utility conflicts. The drainage system will tie into the existing infrastructure and includes the retrofit of the existing North Lake Drive stormwater outfall. An additional outfall location is proposed at the end of Potter Road, this will also be 36" RCP and 6" PVC stormwater piping. Both locations are proposed as the discharge points into the intercostal waterway. The project shall provide protection against a 100 -year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: ID# Name/Stati Location Coordinates_ on 1 NE Bo nton Beach, FL 33435 26.552624, -80.052960 2 NW Bo nton Beach, FL 33435 26.553065, -80.055216 3 SE Bo nton Beach, FL 33435 26.551157, -80.052975 4 SW Boynton Beach, FL 33435 26.551187, -80.055517 Verify the approved project description above, if there is any discrepancy, please contact the project manager. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): 53 Page 192 of 1174 ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 C.F.R. 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No ❑ 54 Page 193 of 1174 If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 C.F.R. Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 55 Page 194 of 1174 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion Rank (Highest to Lowest) Name (Last, First, MI Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: Page 195 of 1174 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. Part 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or ' For example, the Davis -Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub - recipient may include the provision in its subcontracts. 57 Page 196 of 1174 repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2 (a) and the recipient or Sub -recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub -recipient must comply with the requirements of 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 C.F.R. 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (J) See 2 C.F.R, § 200.323 Procurement of recovered materials. (K) See 2 C.F.R, §200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See 2 C.F.R, §200.322 Domestic preferences for procurements (Appendix 11 to Part 200, Revised Eff. 11/12/2020). 58 Page 197 of 1174 FEMA created the 2019 PDAT Contract Provisions Template to assist non -Federal entities. It is available at https://www.fema.gov/media-library-data/ 569959119092 - Please note that the sub -recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.327 and 2 C.F.R. Part 200, Appendix /L 59 Page 198 of 1174 Attachment K Certification Regarding Lobbying Check the appropriate box: ❑ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. ❑ This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000. APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and Title of Sub-Recipient/subcontractor's Authorized Official Date We Page 199 of 1174 M. Consent Agenda 10/19/2021 Requested Action by Commission: Approve purchase of Extreme Networks network switch maintenance from STEPcg of Covington, KY in the amount of $41,728.45, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO- 19-ACS, previously approved by Commission on 10/20/2020. 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 utilizes 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. City of Boynton Beach contract # 030-2112-21 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 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: Funding was approved and is available in the following accounts for fiscal year 2021/22. Account Number Description Amount 001-1510-513.46-22 City General Fund $36,207.93 401-2821-536.49-17 Utility Enterprise Fund $ 5,520.52 Alternatives: The City can issue an RFP for Extreme Networks maintenance renewal which would result in approximately a 90 day gap in services. Strategic Plan: Building Wealth in the Community, High Performing Organization Strategic Plan Application: This equipment maintenance agreement will assist with building and maintaining wealth in the community by protecting the City's investment in technology infrastructure. Not continuing equipment maintenance would have a negative impact on the security and reliability of the City's computing environment, and in turn the services provided to the community. Page 201 of 1174 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D QLAOtE)S D Cointiract D AddE)indUlirn D AttacftrTIENI'lt D OthE)r Description S T1E FIcg QLAOtE) NASF1OhE)dir'E)irT1E) IMastE)r Agir'EsE)irTIENI'lt StatE) Of F::]oirida NASFIO AddE)indUlirn AL.JthoriZEdIRE)SE)lIblrs E)dir'E)irT1E) NE)tworks SUirnirnary FlriCE) I JiSt Page 202 of 1174 1?7gB -CITY CIF BOYNTOP S IT NFEN %-CG Agreement Start Date: Friday, August 27, 2021 Agreement End Date: Monday, October 31, 2022 Agreement Details: 43220000-Naspo-19-ACS End User: Page 203 of 1174 Service Product Product Part # Service Part # Serial Number Start Date end Date Type LICENSE, UPGRADE SOFTWARE 1114-1 1114-1 960-18C2- NMS -ADV -5 TO NMS- NMS -A -10 -UG 97003-S20140 01 -Nov -2021 31 -Oct -2022 SUPPORT 118 ADV -10 JAQ LICENSE UPGRADE HIR SOFTWARE 1114-19J9-BOD3- NMS-ADV-10 TO NMS- NMS -A -25 -UG 97003-S20142 01 -Nov -2021 31 -Oct -2022 SUPPORT G618-J9J9 ADV -25 COM AO LICENSE UPGRADE rz SOFTWARE -1 E418- 1114- 918- 1114918- NMS -ADV -25 TO NMS- NMS -A -50 -UG 97003-S20144 01 -Nov -2021 31 -Oct -2022 SUPPORT ADV -50 JAA NMS -ADV - 5 HIR SOFTWARE 0630-18130-D3G6 NMS -ADV -5 97003-S20153 01 -Nov -2021 31 -Oct -2022 DEVICES/50 APS SUPPORT D3G6-F5F5 NAC ENTERPRISE rz SOFTWARE 1114-19F5-131 H7- IA -ES -1K 97003-S20098 01 -Nov -2021 31 -Oct -2022 LICENSE FOR 1 K ES SUPPORT nap 18F5-E4B0 NAC ENTERPRISE HIR SOFTWARE 0512-21 J9 -F518- IA -ES -1K 97003-S20098 11 -May -2022 31 -Oct -2022 LICENSE FOR 1 K ES SUPPORT C2J9-B1 131 XIQ NAC SW XIQ NAC SW Sub for XIQ-NAC-S-1 K- XIQ-NAC-S-1 K- Sub for 1 K 01 -Nov -2021 31 -Oct -2022 1 K devices EW 1 Y EW EW devices EW 1 Y XIQ Pilot SaaS, XIQ Pilot SaaS, EW XIQ-PIL-S-C-EW EW SaaS XIQ-PIL-S-C-EW 01 -Nov -2021 31 -Oct -2022 SaaS Support Support XIQ Navigator XIQ Navigator SaaS, XIQ-NAV-S-C- XIQ-NAV-S-C- SaaS, EW SaaS 01 -Nov -2021 31 -Oct -2022 EW SaaS Support EW EW Support VSP 7254XSQ F213 - EW NBD AHR EC7200Al F -E6 97004-H34078 01 -Nov -2021 31 -Oct -2022 AC PSU NO PC H34078 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12436 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12437 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12406 01 -Nov -2021 31 -Oct -2022 31012 NAC ENTERPRISE SOFTWARE 0630-18H7-131131 IA -ES -1K 97003-S20098 01 -Nov -2021 31 -Oct -2022 LICENSE FOR 1 K ES SUPPORT F5F5-F5F5 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH3860T346 01 -Nov -2021 31 -Oct -2022 NO POWER CORD H34070 ERS3626GTS-PWR+ EW NBD AHR AL3600Al5-E6 97004-H34020 19TS2350E131 01 -Nov -2021 31 -Oct -2022 NO POWER CORD H34020 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH3860T353 01 -Nov -2021 31 -Oct -2022 NO POWER CORD I H34070 Page 203 of 1174 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT351 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT352 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20745 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT322 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20991 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20743 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20775 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21334 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20850 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20934 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20767 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20852 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20776 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20781 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20768 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20771 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20863 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20865 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20785 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20787 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20751 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20918 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20757 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20914 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT331 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT330 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20910 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20915 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20919 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20922 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC Page 204 of 1174 Page 205 of 1174 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20923 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT245 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20927 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20928 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT181 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT255 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20933 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20907 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20802 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20911 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20804 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT193 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20821 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20809 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20817 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT192 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 VSP 7400-48Y-8C-AC- VSP7400-48Y- EW 4HR AHR 97007-H35313 1939B-99174 01-Nov-2021 31-Oct-2022 F 8C-AC-F H35313 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20823 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20797 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC VSP 7400-48Y-8C-AC- VSP7400-48Y- EW 4HR AHR 97007-H35313 1939B-99175 01-Nov-2021 31-Oct-2022 F 8C-AC-F H35313 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20803 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH3860T016 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT189 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT211 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20814 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT217 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20931 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20811 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20815 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC GUEST-IOT-MNGR EW SOFTWARE 1211-19G6-F5H7 ONBOARDING 1K IA-GIM-1K SUPPORT 97003-S22173 01-Nov-2021 31-Oct-2022 18H7-C2J9 USERS/ES S22173 Page 205 of 1174 VSP4450GSX-PWR+ EW4HRAHR EC4400A05-E6 97007-H34131 19JP434OE538 01 -Nov -2021 31 -Oct -2022 NO PC H34131 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH496OT734 01 -Nov -2021 31 -Oct -2022 NO POWER CORD H34070 EW NBD AHR WS-AP3917e-FCC 31055 97004-31055 1749Y-10781 01 -Nov -2021 31 -Oct -2022 31055 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12441 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12451 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12450 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12274 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12442 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3915i-FCC 31028 97004-31028 1819Y-11873 01 -Nov -2021 31 -Oct -2022 31028 EW NBD AHR WS-AP3915i-FCC 31028 97004-31028 1819Y-11863 01 -Nov -2021 31 -Oct -2022 31028 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 180L043OT292 01 -Nov -2021 31 -Oct -2022 NO POWER CORD H34070 EW NBD AHR WS-AP3915i-FCC 31028 97004-31028 1819Y-11858 01 -Nov -2021 31 -Oct -2022 31028 EW NBD AHR WS-AP3915i-FCC 31028 97004-31028 1819Y-11369 01 -Nov -2021 31 -Oct -2022 31028 EW NBD AHR WS-AP3915i-FCC 31028 97004-31028 1819Y-10176 01 -Nov -2021 31 -Oct -2022 31028 EW NBD AHR WS-AP3915i-FCC 31028 97004-31028 1819Y-10165 01 -Nov -2021 31 -Oct -2022 31028 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12275 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12273 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12267 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12266 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12265 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12264 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12263 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12262 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12250 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12144 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12245 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12244 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12175 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-12097 01 -Nov -2021 31 -Oct -2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1810Y-10657 01 -Nov -2021 31 -Oct -2022 31012 Page 206 of 1174 ERS3626GTS-PWR+ EW NBD AHR AL3600A15-E6 97004-H34020 170L08300168 01-Nov-2021 31-Oct-2022 NO POWER CORD H34020 EW NBD AHR WS-AP3917e-FCC 31055 97004-31055 1746Y-10747 01-Nov-2021 31-Oct-2022 31055 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-13122 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-13091 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-13095 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20912 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20913 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-13093 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-13083 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-13074 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-13087 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-13084 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-13077 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12493 01-Nov-2021 31-Oct-2022 31012 VSP 7254XSQ F2B - EW NBD AHR EC720OAl F-E6 97004-H34078 01-Nov-2021 31-Oct-2022 AC PSU NO PC H34078 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12477 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12468 01-Nov-2021 31-Oct-2022 31012 EW NBD AHR WS-AP3935i-FCC 31012 97004-31012 1738Y-12455 01-Nov-2021 31-Oct-2022 31012 VSP 7254XSQ F2B - EW NBD AHR EC720OAl F-E6 97004-H34078 01-Nov-2021 31-Oct-2022 AC PSU NO PC H34078 VSP 7254XSQ F2B - EW NBD AHR EC720OAl F-E6 97004-H34078 01-Nov-2021 31-Oct-2022 AC PSU NO PC H34078 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21086 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21016 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20831 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20832 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20759 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21137 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20842 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 Page 207 of 1174 ERS 3526T PWR+ NO EW NBD AHR AL3500A11-E6 97004-H34013 01-Nov-2021 31-Oct-2022 PC H34013 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT280 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20901 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1915W-20252 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20762 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT262 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1915W-20378 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20936 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20830 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20737 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01-Nov-2021 31-Oct-2022 NO PC H34016 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21295 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21296 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01-Nov-2021 31-Oct-2022 NO PC H34016 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1915W-20236 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT326 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20849 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01-Nov-2021 31-Oct-2022 NO PC H34016 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01-Nov-2021 31-Oct-2022 NO PC H34016 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20844 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC Page 208 of 1174 Page 209 of 1174 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20838 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT237 01 -Nov -2021 31 -Oct -2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20995 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01 -Nov -2021 31 -Oct -2022 NO PC H34016 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20833 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 13JP432H70C7 01 -Nov -2021 31 -Oct -2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01 -Nov -2021 31 -Oct -2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01 -Nov -2021 31 -Oct -2022 NO PC H34052 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01 -Nov -2021 31 -Oct -2022 NO PC H34016 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01 -Nov -2021 31 -Oct -2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01 -Nov -2021 31 -Oct -2022 NO PC H34052 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01 -Nov -2021 31 -Oct -2022 NO PC H34016 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT282 01 -Nov -2021 31 -Oct -2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20845 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT316 01 -Nov -2021 31 -Oct -2022 NO POWER CORD H34070 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01 -Nov -2021 31 -Oct -2022 NO PC H34016 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20772 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20835 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20837 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20826 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20988 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01 -Nov -2021 31 -Oct -2022 NO PC H34016 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01 -Nov -2021 31 -Oct -2022 NO PC H34016 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01 -Nov -2021 31 -Oct -2022 NO PC H34016 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21196 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1915W-20413 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01 -Nov -2021 31 -Oct -2022 NO PC H34016 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01 -Nov -2021 31 -Oct -2022 NO PC H34016 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21300 01 -Nov -2021 31 -Oct -2022 AP505i-FCC FCC EW4HRAHR ONA1101GT EC1100010-E6 97007-H34128 170L244OG328 01 -Nov -2021 31 -Oct -2022 H34128 Page 209 of 1174 Page 210 of 1174 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20888 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT321 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20990 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW4HRAHR ONA1101GT EC1100010-E6 97007-H34128 170L210OG4El 01-Nov-2021 31-Oct-2022 H34128 EW4HRAHR ONA1101GT EC1100010-E6 97007-H34128 170L2440GO64 01-Nov-2021 31-Oct-2022 H34128 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01-Nov-2021 31-Oct-2022 NO PC H34016 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 ERS 4850GTS-PWR+ EW NBD AHR AL4800A88-E6 97004-H34052 01-Nov-2021 31-Oct-2022 NO PC H34052 VSP4450GSX-PWR+ EW4HRAHR EC4400A05-E6 97007-H34131 19JP0800E53G 01-Nov-2021 31-Oct-2022 NO PC H34131 VSP4450GSX-PWR+ EW4HRAHR EC4400A05-E6 97007-H34131 19JP0800E546 01-Nov-2021 31-Oct-2022 NO PC H34131 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01-Nov-2021 31-Oct-2022 NO PC H34016 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-H34016 01-Nov-2021 31-Oct-2022 NO PC H34016 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT236 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20880 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20791 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT293 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20906 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT334 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT339 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 ERS4926GTS-PWR+ EW NBD AHR AL4900A02-E6 97004-H34066 01-Nov-2021 31-Oct-2022 NO POWER CORD H34066 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20972 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20985 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20950 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-H34070 19KH386OT221 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20892 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20869 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20789 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20790 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC Page 210 of 1174 Page 211 of 1174 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21285 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-1-134016 01-Nov-2021 31-Oct-2022 NO PC H34016 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21286 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-1-134016 01-Nov-2021 31-Oct-2022 NO PC H34016 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-1-134016 01-Nov-2021 31-Oct-2022 NO PC H34016 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-1-134016 01-Nov-2021 31-Oct-2022 NO PC H34016 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20996 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20746 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20749 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-1-134016 01-Nov-2021 31-Oct-2022 NO PC H34016 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-1-134016 01-Nov-2021 31-Oct-2022 NO PC H34016 ERS 3524GT PWR+ EW NBD AHR AL3500A15-E6 97004-1-134016 01-Nov-2021 31-Oct-2022 NO PC H34016 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20997 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-21009 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW SOFTWARE XCC VT Appliance - V5 97003-XCC-ACT-1202-207H-6G9J- Activation Key XCC-ACT-VS-VT SUPPORTXCC- V5-VT 5F5F-OA81 01-Nov-2021 31-Oct-2022 ACT-VS-VT EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20939 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC ERS4950GTS-PWR+ EW NBD AHR AL4900A04-E6 97004-1-134070 19KH3860T238 01-Nov-2021 31-Oct-2022 NO POWER CORD H34070 EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20829 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20827 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW NBD AHR 97004-AP505i- AP505i-FCC AP505i-FCC 1916W-20935 01-Nov-2021 31-Oct-2022 AP505i-FCC FCC EW SOFTWARE XCC VT Appliance - V5 97003-XCC-ACT-1202-2081-6G9J- Activation Key XCC-ACT-VS-VT SUPPORTXCC- V5-VT 3D1 B-1 B6G 01-Nov-2021 31-Oct-2022 ACT-VS-VT 7254XSQ 24 10G,4 EW NBD AHR 40G PRT, NO EC720003X-E6 97004-1-135449 18JP3440W332 01-Oct-2021 31-Oct-2022 H35449 FAN,PSU SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR VS 7200 460W AC ExtrWorks 4hr EC7205A1 F-E6 97007 01-Nov-2021 31-Oct-2022 PSU F213 (NO PC) AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP 1000BASE-T (RJ- ExtrWorks 4hr AA1419043-E6 97007 01-Nov-2021 31-Oct-2022 45) A H R SFP+ DIRECT ExtrWorks 4hr AA1403019-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 3M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M 1AHR Page 211 of 1174 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP 1000BASE-T (RJ- 45) AA1419043-E6 ExtrWorks 4hr A H R 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 VS 7200 460W AC PSU F213 (NO PC) EC7205A1 F -E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP 1000BASE-T (RJ- 45) AA1419043-E6 ExtrWorks 4hr A H R 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP+ SR MMF 300M AA1403015-E6 AHR ExtrWorks. 4hr 97007 01 -Nov -2021 31 -Oct -2022 SFP 1000BASE-T (RJ- 45) AA1419043-E6 ExtrWorks 4hr A H R 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SFP+ SR MMF 300M AA1403015-E6 AHR ExtrWorks 4hr 97007 01 -Nov -2021 31 -Oct -2022 SFP+ DIRECT ATTACH CABLE 5M AA1403020-E6 ExtrWorks 4hr AHR 97007 01 -Nov -2021 31 -Oct -2022 SLX/VSP/X695/8520/87 20 F213 Fan XN-FAN-001-F ExtrWorks NBD AHR 97004 1934Q-20122 01 -Nov -2021 31 -Oct -2022 SLX/VSP/X695/8520/87 20 F213 Fan XN-FAN-001-F ExtrWorks NBD AHR 97004 1934Q-20336 01 -Nov -2021 31 -Oct -2022 SLX/VSP/X695/8520/87 20 F213 Fan XN-FAN-001-F ExtrWorks NBD AHR 97004 1934Q-20333 01 -Nov -2021 31 -Oct -2022 SLX/VSP/X695/8520/87 20 F213 Fan XN-FAN-001-F ExtrWorks NBD AHR 97004 1934Q-20123 01 -Nov -2021 31 -Oct -2022 SLX/VSP/X695/8520/87 20 F213 Fan XN-FAN-001-F ExtrWorks NBD AHR 97004 1934Q-20194 01 -Nov -2021 31 -Oct -2022 SLX/VSP/X695/8520/87 20 F213 Fan XN-FAN-001-F ExtrWorks NBD AHR 97004 1934Q-20195 01 -Nov -2021 31 -Oct -2022 SLX/VSP/X695/8520/87 20 F213 Fan XN-FAN-001-F ExtrWorks NBD AHR 97004 1934Q-20334 01 -Nov -2021 31 -Oct -2022 SLX/VSP/X695/8520/87 20 F213 Fan XN-FAN-001-F ExtrWorks NBD AHR 97004 1934Q-20337 01 -Nov -2021 31 -Oct -2022 SLX/VSP/X695/8520/87 20 F213 Fan XN-FAN-001-F ExtrWorks NBD AHR 97004 1934Q-20338 01 -Nov -2021 31 -Oct -2022 SLX/VSP/X695/8520/87 20 F2B an XN-FAN-001-F ExtrWorks NBD AHR 97004 1934Q-20339 01 -Nov -2021 31 -Oct -2022 VSP/S LX750WAC PSU Front to Bk airflow XN-ACPWR- 750W -F ExtrWorks NBD AHR 97004 L214W3004M05 P 01 -Nov -2021 31 -Oct -2022 Page 212 of 1174 VSP/S LX750WAC XN-ACPWR- ExtrWorks NBD 97004 L214W400AL05P 01-Nov-2021 31-Oct-2022 PSU Front to Bk airflow 750W-F AHR SLX/VSP/X695/8520/87 ExtrWorks NBD 20 F213 Fan XN-FAN-001-F AHR 97004 1934Q-20113 01-Nov-2021 31-Oct-2022 SLX/VSP/X695/8520/87 ExtrWorks NBD 20 F213 Fan XN-FAN-001-F AHR 97004 1934Q-20121 01-Nov-2021 31-Oct-2022 SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR VS 7200 460W AC ExtrWorks 4hr EC7205A1 F-E6 97007 01-Nov-2021 31-Oct-2022 PSU F213 (NO PC) AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR VS 7200 460W AC ExtrWorks 4hr EC7205A1 F-E6 97007 01-Nov-2021 31-Oct-2022 PSU F213 (NO PC) AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR ExtrWorks. 4hr SFP+ SR MMF 300M AA1403015-E6 97007 01-Nov-2021 31-Oct-2022 AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403019-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 3M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP 1000BASE-T (RJ- ExtrWorks 4hr AA1419043-E6 97007 01-Nov-2021 31-Oct-2022 45) A H R SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403019-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 3M AHR ExtrWorks 4hr SFP+ SR MMF 300M AA1403015-E6 97007 01-Nov-2021 31-Oct-2022 AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403019-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 3M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M IAHR SFP+ DIRECT ExtrWorks 4hr AA1403020-E6 97007 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR Page 213 of 1174 SFP 1000BASE-T (RJ- ExtrWorks 4hr AA1419043-E6 97007 01-Nov-2021 31-Oct-2022 45) AHR SFP+ DIRECT ExtrWorks NBD AA1403020-E6 97004 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks NBD AA1403020-E6 97004 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR 4800GTS-PWR+ ExtrWorks NBD AL1905A21-E6 97004 01-Nov-2021 31-Oct-2022 1000W AC P/S NO PC AHR SFP+ DIRECT ExtrWorks NBD AA1403020-E6 97004 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR 4800GTS-PWR+ ExtrWorks NBD AL1905A21-E6 97004 01-Nov-2021 31-Oct-2022 1000W AC P/S NO PC AHR ExtrWorks. NBD SFP+ SR MMF 300M AA1403015-E6 97004 01-Nov-2021 31-Oct-2022 AHR SFP+ DIRECT ExtrWorks NBD AA1403020-E6 97004 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR 4800GTS-PWR+ ExtrWorks NBD AL1905A21-E6 97004 01-Nov-2021 31-Oct-2022 1000W AC P/S NO PC AHR ExtrWorks NBD SFP+ SR MMF 300M AA1403015-E6 97004 01-Nov-2021 31-Oct-2022 AHR SFP+ DIRECT ExtrWorks NBD AA1403020-E6 97004 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR 4800GTS-PWR+ ExtrWorks NBD AL1905A21-E6 97004 01-Nov-2021 31-Oct-2022 1000W AC P/S NO PC AHR ExtrWorks. NBD SFP+ SR MMF 300M AA1403015-E6 97004 01-Nov-2021 31-Oct-2022 AHR 4800GTS-PWR+ ExtrWorks NBD AL1905A21-E6 97004 01-Nov-2021 31-Oct-2022 1000W AC P/S NO PC AHR 4800GTS-PWR+ ExtrWorks NBD AL1905A21-E6 97004 01-Nov-2021 31-Oct-2022 1000W AC P/S NO PC AHR ExtrWorks NBD SFP+ SR MMF 300M AA1403015-E6 97004 01-Nov-2021 31-Oct-2022 AHR SFP+ DIRECT ExtrWorks NBD AA1403020-E6 97004 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks NBD AA1403020-E6 97004 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR SFP+ DIRECT ExtrWorks NBD AA1403020-E6 97004 01-Nov-2021 31-Oct-2022 ATTACH CABLE 5M AHR 4800GTS-PWR+ ExtrWorks4hr LBNNTMPL207T AL1905A21-E6 97007 01-Nov-2021 31-Oct-2022 1000W AC P/S NO PC AHR 78 4800GTS-PWR+ ExtrWorks4hr LBNNTMPL207T AL1905A21-E6 97007 01-Nov-2021 31-Oct-2022 1000W AC P/S NO PC IAHR 1 176 Page 214 of 1174 City of Boynton Beach Reseller: Step CG Distributor: Scansource Inc 100 E Boynton Beach Blvd Boynton Beach FL 33435 United States :mak' IpT/ M ii i1 11,31cYa Covington KY 41011 United States 6 Logue Ct Ste G Greenville SC 29615-5785 United States Contract Days Quantity ty Unit List Price Unit List Pace Discount, u la Unit Discount Amount Net Unit Price 365 1 $802.00 $802.00 100.00 $802.00 $0.00 365 1 $2,631.00 $2,631.00 100.00 $2,631.00 $0.00 365 1 $2,409.00 $2,409.00 100.00 $2,409.00 $0.00 365 1 $1,698.00 $1,698.00 100.00 $1,698.00 $0.00 365 1 $1,607.00 $1,607.00 100.00 $1,607.00 $0.00 174 1 $1,607.00 $766.08 100.00 $766.08 $0.00 365 3 $3,500.00 $3,500.00 86.00 $3,010.00 $490.00 365 100 $150.00 $150.00 76.00 $114.00 $36.00 365 500 $50.00 $50.00 76.00 $38.00 $12.00 365 1 $1,559.00 $1,559.00 21.00 $327.39 $1,231.61 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $1,607.00 $1,607.00 21.00 $337.47 $1,269.53 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $45.00 $45.00 21.00 $9.45 $35.55 365 1 $145.00 $145.00 21.00 $30.45 $114.55 Page 215 of 1174 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 Page 216 of 1174 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $2,625.00 $2,625.00 21.00 $551.25 $2,073.75 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $2,625.00 $2,625.00 21.00 $551.25 $2,073.75 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $562.00 $562.00 21.00 $118.02 $443.98 Page 217 of 1174 365 1 $485.00 $485.00 21.00 $101.85 $383.15 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $80.00 $80.00 21.00 $16.80 $63.20 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $40.00 $40.00 21.00 $8.40 $31.60 365 1 $40.00 $40.00 21.00 $8.40 $31.60 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $40.00 $40.00 21.00 $8.40 $31.60 365 1 $40.00 $40.00 21.00 $8.40 $31.60 365 1 $40.00 $40.00 21.00 $8.40 $31.60 365 1 $40.00 $40.00 21.00 $8.40 $31.60 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 Page 218 of 1174 365 1 $45.00 $45.00 21.00 $9.45 $35.55 365 1 $80.00 $80.00 21.00 $16.80 $63.20 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $1,559.00 $1,559.00 21.00 $327.39 $1,231.61 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $62.00 $62.00 21.00 $13.02 $48.98 365 1 $1,559.00 $1,559.00 21.00 $327.39 $1,231.61 365 1 $1,559.00 $1,559.00 21.00 $327.39 $1,231.61 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $212.00 $212.00 21.00 $44.52 $167.48 Page 219 of 1174 365 1 $42.00 $42.00 21.00 $8.82 $33.18 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $72.00 $72.00 21.00 $15.12 $56.88 Page 220 of 1174 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $226.00 $226.00 21.00 $47.46 $178.54 Page 221 of 1174 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $226.00 $226.00 21.00 $47.46 $178.54 365 1 $226.00 $226.00 21.00 $47.46 $178.54 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $212.00 $212.00 21.00 $44.52 $167.48 365 1 $485.00 $485.00 21.00 $101.85 $383.15 365 1 $485.00 $485.00 21.00 $101.85 $383.15 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 Page 222 of 1174 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $76.00 $76.00 21.00 $15.96 $60.04 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $360.00 $360.00 21.00 $75.60 $284.40 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1 $145.00 $145.00 21.00 $30.45 $114.55 365 1 $72.00 $72.00 21.00 $15.12 $56.88 365 1L$$360.00 2.00 $72.00 21.00 $15.12 $56.88 365 12.00 $72.00 21.00 $15.12 $56.88 365 1 $360.00 21.00 $75.60 $284.40 396 1 $1,250.00 $1,356.16 21.00 $284.79 $1,071.37 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 Page 223 of 1174 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 Page 224 of 1174 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 Page 225 of 1174 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 365 1 $0.00 $0.00 0.00 $0.00 $0.00 Total Extended List Amount: $99.221.24 Total Discount: $57.492.79 Total Credit Amount: 0.00 Total Net Extended Amount: $41.728.45 Page 226 of 1174 Net Extended Price � Service Gass ; $0.00 Software $0.00 Software $0.00 Software $0.00 Software $0.00 Software $0.00 Software $1,470.00 Hardware $3,600.00 Hardware $6,000.00 Hardware $1,231.61 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $1,269.53 Software $114.55 Hardware $35.55 Hardware $114.55 Hardware Page 227 of 1174 $114.55 Hardware $114.55 Hardware $56.88 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $114.55 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware Page 228 of 1174 $56.88 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $114.55 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $114.55 Hardware $2,073.75 Hardware $56.88 Hardware $56.88 Hardware $2,073.75 Hardware $56.88 Hardware $114.55 Hardware $114.55 Hardware $114.55 Hardware $56.88 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $443.98 Software Page 229 of 1174 $383.15 Hardware $114.55 Hardware $63.20 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $31.60 Hardware $31.60 Hardware $114.55 Hardware $31.60 Hardware $31.60 Hardware $31.60 Hardware $31.60 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware Page 230 of 1174 $35.55 Hardware $63.20 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $56.88 Hardware $56.88 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $1,231.61 Hardware $48.98 Hardware $48.98 Hardware $48.98 Hardware $1,231.61 Hardware $1,231.61 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $167.48 Hardware $167.48 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $167.48 Hardware Page 231 of 1174 $33.18 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $167.48 Hardware $167.48 Hardware $167.48 Hardware $167.48 Hardware $167.48 Hardware $167.48 Hardware $167.48 Hardware $167.48 Hardware $167.48 Hardware $60.04 Hardware $56.88 Hardware $56.88 Hardware $60.04 Hardware $56.88 Hardware $114.55 Hardware $56.88 Hardware $60.04 Hardware $60.04 Hardware $167.48 Hardware $56.88 Hardware Page 232 of 1174 $56.88 Hardware $114.55 Hardware $56.88 Hardware $60.04 Hardware $56.88 Hardware $167.48 Hardware $167.48 Hardware $167.48 Hardware $60.04 Hardware $167.48 Hardware $167.48 Hardware $60.04 Hardware $114.55 Hardware $56.88 Hardware $114.55 Hardware $60.04 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $60.04 Hardware $60.04 Hardware $60.04 Hardware $56.88 Hardware $56.88 Hardware $60.04 Hardware $60.04 Hardware $56.88 Hardware $178.54 Hardware Page 233 of 1174 $56.88 Hardware $114.55 Hardware $56.88 Hardware $178.54 Hardware $178.54 Hardware $167.48 Hardware $167.48 Hardware $60.04 Hardware $167.48 Hardware $167.48 Hardware $383.15 Hardware $383.15 Hardware $60.04 Hardware $60.04 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $114.55 Hardware $56.88 Hardware $114.55 Hardware $114.55 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware Page 234 of 1174 $56.88 Hardware $60.04 Hardware $56.88 Hardware $60.04 Hardware $60.04 Hardware $60.04 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $60.04 Hardware $60.04 Hardware $60.04 Hardware $56.88 Hardware $56.88 Hardware $284.40 Software $56.88 Hardware $114.55 Hardware $56.88 Hardware $56.88 Hardware $56.88 Hardware $284.40 Software $1,071.37 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware Page 235 of 1174 $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware Page 236 of 1174 $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware Page 237 of 1174 $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $0.00 Hardware $O.00T Hardware Page 238 of 1174 DocuSign Envelope ID: 4A7E8174-EA62-47CF-821A-9A608A50D62A xoo r Contract #; AR3230 -� rrATE OF UTAH COOPERATIVE CONTRACT r 1, CONTRACTING, PARTIES: This contract is between the Utah Division of Purchasing and the following Contractor: Extreme Networks, Inc. Name 6480 Via Del Oro StreetAddress ___.._............_.....__...............__................... __...__............-_......--___....____......___--___.._......__--___--..._...___...._..___... .......___ San Jose California 95119 6_6T ty Zip Vendor # VC0000100495 Commoditv�Code #,:„ 920-05 I"f-(:`o itracto r For -Profit Corporation ContactName: 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 C,ommunlCauLiu� I''it��luc,t sctd wa a_al,a c, Iaaq. the i vw str� (, lt�rt,Ar,Iraiw3rtl a,ea, Attachment IIT — 4. PROCUREMENT. This contract Is entered into as a result of the hru,;c>� ucni,u sit pj"pcess on F 2011 Solicitzaionk SIS 1.8001 5. CONTRACT PERIOD: Effective Date "Lt csdat'Ic'tohgr (11� 21,N 1i't. Termination Date: G¢sp a4,3r �trttlae� 30, 2024 unless terminated early or extended in accordance with the terms and conditions of this contract II;etly t1IT 1ltiebns, 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 : Scope Awarded to Contractor ATTACHMBNT 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 Bt' REFERENCE, 131 JT 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 # SIC18001. 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 DIVS N OF PURCHASING ocuigned by: October s,2019 2:39:15 Ann PDrmmITmm mm Oct 3, 2019 ..... L7 Contractor's signature Date Director, Division of Purchasing Date CRSO ................................................................................................................... Type or Print Name and 'Title Internal Contract Tracking #: AR 1470 Solicitation #: SK l 8001 Vendor #: VC0000100495 Page 239 of 1174 Note: sections negotiated 2, 13, 14, 16, 18, 19, 20, 23, 26, 30, 34, 36, and 39. NASPO Va I e �i [It 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 240 of 1174 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 241 of 1174 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 242 of 1174 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 243 of 1174 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 244 of 1174 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.nas ovalue oint.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 245 of 1174 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 246 of 1174 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 247 of 1174 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 248 of 1174 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 249 of 1174 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 250 of 1174 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 251 of 1174 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 252 of 1174 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 253 of 1174 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 254 of 1174 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 255 of 1174 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 256 of 1174 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 257 of 1174 (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 258 of 1174 (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 259 of 1174 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 260 of 1174 a. Reserved. eMarket Center Appendix Exhibit 1- Contractor's Warranty Terms -follow this page Attachment A: Page 22 of 30 Page 261 of 1174 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 Warrantv Summary of Entitlements Duration of Global On -Line Warrant Warranty Technical Support Software/Firmware Hardware Warranty "Warranty Assistance Portal Availability Replacement' Period" Center* 1 Year Warranty 5 Year Warranty One Year One Year One Year Five Years Five Years Limited Lifetime Product Warranty — 10 Lifetime Business Day Ship Product Lifetime 90 Days — Defective Software Media Replacement Two years for Base Operational Five Software Years Updates Product Lifetime for Base Operational Product Software Updates and Upgrades4 Lifetime One Year for Advanced Software License Updates4 Return and Replace — Hardware shipped within 10 business days of receipt of defective asset Return and Replace — Hardware shipped within 10 business days of receipt of defective asset Advanced exchange replacement hardware is shipped within 10 business days ntUaI c14r1kwry tiln4rr l'nay vary c14rlpencHng on .!�Jpecfflc land l Ne I, Iocation 1a,, e Operational software a„ c1e nrrcl by Extreme LrrrloLnr. ' "RAUCt L1f49.'CII"1'Ye N alfLII't"ltl': r C14'.Nned and i".ti; nc ltlti"kl"Y4': d by Extreme L)f':=.Iti;1w 'l I:FCIa'Ceand G..Ijpg zbC14=.."iii al'0 al" fUl-th0l' Ci0SII"Y4': d by I'xtr4'.IT4tl':=. 1)0I04fv(,. C..CI\fi9bl"Yced "woft4fv(dplre L.Jcen �e and ..CI\farYi"ed "w;"kft4fv(dplre Lli".i:=.I"Y" 0 G..I.' dat0l" al'0 al" fLII't"ler C14'.Nni': d by Extreme :?ti':=.Iti;14fv(,. Attachment A: Page 23 of 30 Page 262 of 1174 Limited Lifetime Product Lifetime Advanced exchange Warranty With Product Product for Product replacement hardware Express 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 Base Operational replacement hardware Express Product Product Product Software Updates shipped next business Advanced Lifetime Lifetime Lifetime and Upgrades day from RMA approval Hardware time Replacement -2 Software Warranty3 90 Das 90 Das y y 90 Das 90 Das y y 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 — Defective software Hardware shipped Warranty One Year 90 Days 1 Year media within 10 business (WiNG)8, replacement days of receipt of 10 defective asset t..Ci\fi9ll"Yced 4':?xch II" ge I'a' pldpi"4'I'ria: nt "119I1'Ci4fe!are Cia: h v4'.Ired I"Ytl':=.Xt XI"iiJl"'Y4'Y" day f"I"ti"klrn R`vlA approval tII"1' e for A2, L:321C2, 133/(' i, G-!� JMNAUCVi II"Y North America, \vlV4'."�til'Irn EUI'i 10e and ALII�tl`zlha olnly. Advance Hardware Replacement al" fUI'tIl0I' ClON"Y4 d SII I"d Col"'ICflti "kl"Y4': d by EXt1`e1-n e..)t:=.1ti;14fv(,. "wLI "�(i9lll"YII"Y�k/�FLI i!III"Y'C 4'. "'Y i9I "'Y ti"4'. LI :k CIatO R l4'.dp"ii�e. a," C14'.ffined by 1,xtI'4'.IT4tl':=. .)t:=.lti;kifv(,. 7Ii , aroeai i anLy "') II)I)IICaIhIC' Lir Che, N/I AN and AI SI' Iri wfiwL, acylk I'd h i)III /e'kn a LC'dhmfln{,ie-, by I:::Al e'iaie, INC,Mni b , I'i7vi uin , Il)i nvIded Andel Uu, I Al I'll C, \A/,Il i Il ty ere, n) 1) U 1)11, Un i) I)C, /e,ln a vN,�I I anLy Il)1 )v 1') 1)" in 1)1,Ice a LIe^ tiIII e, i)l Che^ IcgIAI JUnan, Attachment A: Page 24 of 30 Page 263 of 1174 Limited 90 Days — Lifetime Product Product Defective software Warranty$ Lifetime 90 Days Lifetime media (WING) replacement Limited Product Lifetime Lifetime for Warranty with Base Operational Express Product Product Product Software Updates Advanced Lifetime Lifetime9 Lifetime and Upgrades Hardware Replacement - B12 Return and Replace — Hardware shipped within 10 business days of receipt of defective asset Advanced exchange replacement hardware shipped next business day from RMA approval time AM to 5II: II (Mon t II:),li ) IloII II: nd User's tlrne Product (Limited) Warranty Hardware Product Warranty Subject to the limitations and conditions set forth herein, Extreme warrants to the original purchasing End User that each unit of Extreme hardware products ("Hardware Products" or "Products") will be free from defects in material and workmanship under normal use consistent with Extreme's published written specifications for the Product at the time of shipment. Warranty Period is for the duration specified in Table 1 — Product Warranty, beginning from the date of shipment. Breach of warranty will be enforceable against Extreme only if written notice of such breach is received by Extreme within the applicable Warranty Period. Software Product Warranty Subject to the limitations and conditions set forth herein, Extreme warrants that commencing on the Warranty Start Date and continuing for a period of ninety (90) days: (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use and (b) the Software substantially conforms to the documentation. Except for the foregoing limited warranty, the Software is provided "AS IS". This limited warranty extends only to the Software purchased from an approved source by an End User who is the first registered end user. End User's sole and exclusive remedy and the entire liability of Extreme and its suppliers under this limited warranty will be (i) replacement of the defective media and/or (ii) at Extreme's sole option, repair or replacement of the Software subject to the condition that any error or defect constituting a breach of this limited warranty is reported to Extreme within the warranty period. In no event does Extreme warrant that the Software is error free or that End User will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Extreme does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. Remedies — In the event of a failure of any Product to comply with the foregoing warranty during the applicable warranty period, Extreme shall, at its sole option, repair or replace the Product (which may include a workaround) or refund the fees paid for such Product following ( nhal3e chnIcal ".a.alym L IlnMded via: Tele phnne, 0iflii c, iupinn L I'intal Ind eimdl lin Iii ,L 1.? iImnUh." (tI )III Wal I anLySMI t [.: ac,), Unllne [,ialrltt7i't I'm 't U Ind email Illrinm'ttni IC'maIndei irl Wal I alfty Pei Ind III ndIAU I HeUme frn N/I ANI),1.00 III wIlAU" " i YC"Il lnr ,L end 7l "ilei date Attachment A: Page 25 of 30 Page 264 of 1174 return of such Product. The foregoing sets forth Customer's sole and exclusive remedies for breach of warranty. To ensure timely receipt of Product Warranty entitlements as described herein, end-user customer must register your Extreme products Product registration is required within 30 days after purchase to validate product warranty. Failure to do so may result in delays in receiving warranty support. Product warranty registration is available at: ifrG.li..ff.r�t.r�.11.r�. .?4�kua..�s�1ll1.�iiaf��a.�.,l�.�.li..�d,�lfG���d,�� To determine the applicable warranty for a particular product please reference the Product Warranty Table in Exhibit 8. Definitions Used in This Policy Documentation — Extreme supplied or published thencurrent technical documentation describing the features and functions of the associated Products. Warranty Start Date — Used in this policy is from the date of shipment of the Product from Extreme, or in the case of resale by an Extreme authorized reseller, commencing not more than 90 days after shipment by Extreme. Warranty Duration — Product Lifetime — Except where otherwise defined, a period of time commencing on the Warranty Start Date from Extreme (see below) and ending on five years from the Product's announced end -of -sale date in accordance with Extreme's End of Life policy (attached as Exhibit 3). For purposes of further clarity, end -of -sale dates are defined in the Extreme End of Life Policy. Extreme Wireless Controllers Product Lifetime warranty duration is one year from the Product's end -of sale date. Base Operational Software — Embedded software that is required to operate an Extreme -branded network device and is offered for sale as an inclusive component of such hardware network device product as further described in Extreme's published price list applicable to such hardware product ("Covered Product"). Feature Packs and Advanced Software Licenses — Defined as software enabled pursuant to authorized use of an Extreme - issued license key that enables certain optional embedded software features in an Extreme Networks network device and is offered for sale as an optional component of such hardware network device product as further described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Advanced Software License Updates — Minor releases of Advanced Software Licenses that are optional embedded software features of Covered Products. Application Software — Defined as software that is not required to operate a network device, such as management software or other standalone software. It is not an enhancement to the Base Operational Software and may reside on another network device. Upgrade and Update Software / Firmware Release Schema — A.B.C. Y A = Major Release Number. Major software releases are upgrades. • B = Minor/ Sustaining Release Number. Minor / Sustaining releases are updates. • C = Maintenance / Sustaining Release Number. Maintenance / Sustaining releases are updates. Extreme Product Warranty Entitlements Global Technical Assistance Center — Customer is entitled as part of this warranty to Attachment A: Page 26 of 30 Page 265 of 1174 utilize Extreme warranty support line via email, Web form or telephone available from 8 AM to 5 PM (Monday to Friday) local End User's time for basic hardware and operational software troubleshooting assistance in connection with warranty claims, including RMA's (excluding installation, configuration and general networking troubleshooting). On -Line Support Portal — Customer shall also have access to Extreme Customer Support Website by registering the Product and/or FRU at 1,9t.V...ff�r� r���r�r a,r�airaakiar�r�rd, ll� � d,ii�/ which may include, but is not limited to: (i) information about status and/or review of known hardware and/or software issues/problems, (ii) access to technical documentation, (iii) the ability to log a case, (iv) information about the status of outstanding RMAs. Base Operational Software — Updates and Upgrades — Customer is entitled to receive any Base Operational Software or Base Operational Software upgrades/updates that Extreme may develop and generally release on Covered Products. Base Operational Software: Updates — Customer is entitled to receive any Base Operational Software updates (i.e., sustaining and/or maintenance releases) that Extreme may develop and generally release on Covered Products. Hardware Replacement: Advanced Exchange Next Business Day Ship — Extreme Networks must process the RMA relating to the defective product per the Advanced Exchange Warranty RMA Times section of the Extreme Networks Service Availability Matrix, Monday through Friday, in order to ship the replacement product to your site, by the end of day of the Next Business Day. Otherwise Second Business Day shipment will be provided for RMA's processed after the time indicated. Extreme will use all commercially reasonable efforts to pick pack and ship the hardware replacement using a commercial delivery service to customers' site. The replacement part will be shipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery from an Extreme regional parts depot to the customer delivery site. Variation in business delivery days is possible depending on country of destination or geographical location with the country or other factors. Extreme pays for the return freight of products from Customer to Extreme, including any applicable taxes, duties and custom fees to country of shipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin is Customers responsibility. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays the freight of the unit shipped to customer, excluding any applicable taxes, duties and custom fees in Customers destination country. Extreme will not be the importer of record on any shipments to Customer. Customer is responsible for returning the defective Product to an Extreme -authorized return facility. In the event that you fail to return the defective Product within ten (10) business days of receipt of the replacement FRU, Extreme reserves the right to require customer to pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the amount to be paid. Hardware Replacement: Return and Replace — Extreme will make commercially reasonable efforts, at its expense, to see the shipping of a repaired or replacement FRU (feature, function Attachment A: Page 27 of 30 Page 266 of 1174 and fit compatible) within 10 or 15 business days (depending upon affected product) of receipt of the defective FRU at an Extreme facility. Extreme will use all commercially reasonable efforts to pick pack and ship the hardware replacement using a commercial delivery service to customers' site. The replacement part will be shipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery from an Extreme regional parts depot to the customer delivery site. Variation in business delivery days is possible depending on country of destination or geographical location with the country or other factors. Customer pays for the return freight of the product to Extreme's designated location, including any applicable taxes, duties and custom fees in both country of origin and destination. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays the freight of the unit shipped to Customer, excluding any applicable taxes, duties and custom fees. Customer must be the Importer of Record for all returns to Customer. Advanced Hardware Replacement — Extreme provides for the advanced shipment of replacement hardware. After a request for a replacement Field Replaceable Unit (FRU) is validated for warranty entitlement by Extreme Global Technical Assistance Center (GTAC) and a Return Material Authorization (RMA) number is processed, a new field replaceable unit (FRU), Extreme will make commercially reasonable efforts, to pick, pack and ship the replacement FRU per the Hardware Replacement provisions as stated in Table 1 (Warranty Summary of Entitlements) using a commercial delivery service to customer's site. Extreme will use all commercially reasonable efforts to pick pack and ship the hardware replacement using a commercial delivery service to customers' site. The replacement part will be shipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery from an Extreme regional parts depot to the customer delivery site. Variation in business delivery days is possible depending on country of destination or geographical location with the country or other factors. Extreme pays for the return freight of products from Customer to Extreme, including any applicable taxes, duties and custom fees to country of shipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin is Customers responsibility. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays the freight of the unit shipped to customer, excluding any applicable taxes, duties and custom fees in Customers destination country. Extreme will not be the importer of record on any shipments to Customer. Customer is responsible for returning the defective Product to an Extreme -authorized return facility In the event that you fail to return the defective Product within ten (10) business days of receipt of the replacement FRU, Extreme reserves the right to require customer to pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the amount to be paid. Hardware Replacement: General Provisions — Extreme is not responsible for any delays related to export or customs regulations or processes, or transportation issues. Actual delivery times may vary depending on specific customer location. Dead on Arrival (DOA) — For up to 30 days from the date of shipment of the Product from Extreme (or in the case of resale by an Attachment A: Page 28 of 30 Page 267 of 1174 Extreme authorized reseller or channel partner, commencing not more than 90 days after shipment by Extreme), Extreme will provide Advanced Hardware Replacement of affected field replaceable unit (FRU) of Hardware Products that fail to operate within 24 hours of initial installation. For purposes of this DOA policy, "fail to operate" shall mean a material failure to substantially perform in accordance with the Hardware Products' published Documentation. Warranty Duration: Integrated Component Coverage — For certain product families some Integrated Components, such as power supplies, fans, and cables, may have their own separate warranty duration which may be different than the product it is embedded in. For a listing, reference Table 2 — Integrated Component Coverage below. I X X,11) �I Ited IAnd, �nL I'irweI SIA1)1)11C ,ire included In Ll C' Mro I I'nnLy CHVC`I'4;c' lin Lhe' A, end C Sc,I IC", I'ted ianvi, tnC Pimc,I SIAIlrply (ihIC"; tI),i IC, ,I)II)Iwd \NILI) IX: C,I I), l uedundanL IImNeiSup I)lIC al C, nwel ed Andel U e Rediand ant I'mNei [iupply Wal I al ty Table 2 — Integrated Components Coverage The following components that are integrated within a product may have separate warranty provisions: Product Fans Power Supplies' Family I -Series N/A 3 Years 7100G 5 Years 5 Years Appliance Products and Products Sold Within a Bundle — For products that are sold in a "bundled" manner noted as either a Bundle or as an Appliance in further defined in Extreme's published price list, the warranty provision provided is per each individual Product Part Number that comprises the bundle, unless otherwise noted in the price list. 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. Attachment A: Page 29 of 30 Page 268 of 1174 As to Products repaired or replaced during the original warranty period for such Product, the warranty period on the replacement Product or the repaired Product shall terminate 30 days after shipment to End User or upon the termination of the original warranty period, whichever is longer. Unless required for operational reasons or as otherwise agreed between customer and Extreme in a separate writing, replacement FRU will be at the then -current minimum hardware, software and software release levels as published by Extreme for the Product being replaced. As to any out -of -warranty Products repaired, modified or replaced by Extreme at Extreme's regular published charges, the warranty period with respect to the material and workmanship hereunder shall expire 30 days after the date of shipment of said Product to End User. Warranty Exclusions Limitation The warranties set forth above shall not apply to: (i) any third party software or hardware, whether or not such third party software or hardware is or was provided by 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 which have not been maintained in accordance with any handling or operating instructions supplied by Extreme, or that have been subjected to any unusual or non-standard physical or electrical stress, misuse, negligence, accidents, or causes beyond Extreme's control. The warranties and corresponding entitlements set forth herein are for the benefit of and shall apply only to end user customer. Disclaimer of Warranties EXCEPT FOR THE EXPRESS WARRANTIES AND CONDITIONS SET FORTH HEREIN, EXTREME MAKES NO OTHER WARRANTIES OR CONDITIONS RELATING TO THE PRODUCTS AND/OR FRU(s) PROVIDED, AND SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY OF INFORMATION, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT WILL EXTREME BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR LOST SAVINGS, LOSS OF USE OR INTERRUPTION OF BUSINESS, OR PROCUREMENT OF SUBSTITUTE GOODS), HOWEVER CAUSED, WHETHER ARISING IN CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXTREME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT ANY REMEDY PROVIDED HEREIN SHOULD FAIL OF ITS ESSENTIAL PURPOSE. EXTREME TOTAL LIABILITY UNDER THIS WARRANTY TO CUSTOMER IN RELATION TO THE PRODUCT(S) AND/OR FRU(S) AND FULFILLMENT OF WARRANTY SERVICES AS DEFINED HEREIN SHALL BE LIMITED TO THE AMOUNTS PAID TO EXTREME FOR SUCH PRODUCT(S) AND/OR FRU(S). Use of Subcontractors Extreme reserves the right to engage third party subcontractors to perform any services defined herein on behalf of Extreme. Attachment A: Page 30 of 30 Page 269 of 1174 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 270 of 1174 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 271 of 1174 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 272 of 1174 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 273 of 1174 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 VSAN (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 274 of 1174 • 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 275 of 1174 • 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 802.1ad) 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 276 of 1174 • 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 277 of 1174 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 278 of 1174 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 279 of 1174 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 280 of 1174 Attachment C - Pricing Discounts and Value Added Services Contractor Extreme Networks, Inc. 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 Discount Category 1.2 Networking Hourly Rates - 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 Title 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. lob description for each title. and associated hourly rate. Add additional rows as necessary. Attachment Page 281obf 1174 Hourly Rates - Weekday Weekend - 'State Holiday Title Job Description onsite Remota onsito( Remote onsite Remote 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 281obf 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. imITf9TW 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. 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 282 of 1174 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. 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. 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 283 of 1174 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. 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 284 of 1174 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 285 of 1174 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). lo. 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. ii. 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 286 of 1174 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 287 of 1174 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 ]tt.. s://www.eaxtirearrieaine twoirllks.corm/su oir�/ ollliclieas/o eai� souirce::a deacllaira�lioi�/. In ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,p„ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...............................j,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 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 288 of 1174 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 289 of 1174 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 arks/. Specifications and product www.extremenetworks„,com �ompanY 1e„ga tradem „„„„„ „„„„„ availability are subject to change without notice. Attachment D Pae 9 of 471 Page 290 of 1174 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: f�iiir 4,ti4=ti4=ti. WcfllellC["="tiorI 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 291 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. This notice will be published to the Extreme Support website at r�c (�f r s v r1 r �� 11 r 17........ 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. 1'he table below defines the End of Software Maintenance period atter End Software End of Software Maintenance (EOSM) (Note 1, Note)������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� Applications 12 Months after End of Sale WING OS 24 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/VSP OS 24 Months after End of Sale SLX, NOS, NI 36 Months after End of Sale 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 292 of 1174 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 �ff�l`Ili4ti4a4�'a r fi�C�irllrs[;�`wt�i� �IrGt�C�i `jrliJ��lt�iC�. Attachment D Page 12 of 471 Page 293 of 1174 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. 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 294 of 1174 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 295 of 1174 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 296 of 1174 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 -parry 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 297 of 1174 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 298 of 1174 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 299 of 1174 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 300 of 1174 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 parry 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 parry 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 301 of 1174 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 302 of 1174 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 303 of 1174 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 304 of 1174 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 305 of 1174 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 306 of 1174 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. 1.2 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 307 of 1174 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 308 of 1174 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 309 of 1174 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 310 of 1174 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 311 of 1174 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 privacyinguiri esL& 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 312 of 1174 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 parry 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 313 of 1174 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 parry 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 314 of 1174 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 315 of 1174 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 - parry 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 316 of 1174 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 0) 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 317 of 1174 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 parry 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 318 of 1174 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 -parry 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 319 of 1174 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 �31. 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 -parry 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 320 of 1174 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: ............................................................... Jther mtormation necessary in order for the contract to be bmdmg (it Signature ... ' t r 1 e � a � On behalf of the data importer: Name (written out in full): ......................................... Position: ............................................................... Address: ................................................................ Other information necessary in order for the contract to be bindinz (if ignature ... 'j 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. 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 321 of 1174 r "" � e. R t � b 0 e 1 w+ ignature ... 'j 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. 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 321 of 1174 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. 21 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.1y/2s7zadf For ExtremeLocation, see ham://bit.ly/2x5IwLd For ExtremeWorks, see http://bit.1y/2s7Hn1h For Managed Services, see ham://bit.1y/2ICaUWL Categories of data The personal data transferred concern the following categories of data: For ExtremeCloud, see http://bit.1y/2s7zadf For ExtremeLocation, see ham://bit.ly/2x5IwLd For ExtremeWorks, see http://bit.1y/2s7Hn1h For Managed Services, see ham://bit.1y/2ICaUWL Attachment D Page 41 of 471 Page 322 of 1174 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.1y/2x5IwLd For ExtremeWorks, see http://bit.ly/2s7Hnlh For Managed Services, see http://bit.1y/2IQaUWL 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 323 of 1174 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 324 of 1174 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 RCM. 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 full 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 full 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 325 of 1174 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. 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 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 326 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks' AHR Service J'0 Service Overview Extreme Networks Advanced Hardware Replacement Services offerings provide technical support, update and/ or upgrade support, and advanced parts replacement for Covered Products (as defined herein) according to particular levels of purchase. Upon diagnosis of a reported failure, service offerings cover the replacement part arrival within the response time specified for the service level purchased, subject to the conditions defined herein. Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2,0 Service I,evels ExtremeWorks Advanced Hardware Replacement Services are available with the following response times depending upon the offering purchased Service Order Code Service Levels FRU Response Time* ExtremeWorks NBD Next Business 97004 Advanced Day Hardware Replacement ExtremeWorks 4 Hour 97007 Advanced 24x7 ® 4 Hours Hardware Replacement *M�),onosk p)nd lwiiNoshoodng ��oqiihod Io udonffly flic 1'pIiflly Fokl Roc flp)co,)No TJ dl ("FRLJ") Io bo ��onflp)cod nuisl bo coniflolod �)�m Io ��oqiiosflng flic ��onflp)conionl FRLJ, Tho �.Os)Onso ImIc unm� vpd suuls pMll'mflic (--ATA(' v,)h(h)los flic ciislonio�`s ��oqiiosl aonfl,)conionl FRLJ p)nd p)ssugns p)n RMA nimibo, 3,0 Avaflal)flity 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 327 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 4,0 Deliveralfles, 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 0 GTAC Technical Support — 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix B for additional detail. 0 Advanced Shipment — Extreme Networks provides for the advanced shipment of FRUs to the customer's contracted sites within the contract response time on Covered Products. A request for a replacement FRU is validated by GTAC and a Return Material Authorization (RMA) number is assigned. Extreme Networks will pick, pack and dispatch the replacement FRU using a commercial delivery service to make the delivery to the customer's contracted site. The replacement FRU will be delivered within the contracted response time, subject to the regional restrictions, response times, and diagnostic requirements identified in Appendix A. Operational Software Updates and Upgrades — Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme standard published product documentation and support/ maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTL- Siif)n)on fu�A))hcp)Jon Sof w,puo f)wdllcts., unchidng siibsc6)Jon Io anchido onddonictil Io nu)jm ,)nd ndnm ��oVo,)sos offfic An)n)hcp)Jon Sof wpuo n)wdiicts., puo enol fnchidod wWi dic BnonioWods Adv,)ncod I hudwo Roc flp)conionl So��6cos, Siibsc��uf)Jon p)nd sii)n)on fuA))hc,)Jon Softwpuo nuisl bo mdood so),�)n�)Iofy vu,) Bnonio\Vod�s Softw�uo Siibsc��)Jon so�6cos offonngs p)s fiudio�n)iibhshod fu�� un p)ccm(hmco wWi Bnonio Nolwo�Is' dion ciuonl P6co Lkl (ciuuondy cp)Iogo6zod p)s mdocoda 9700 0 Access to Extreme Networks' Customer Support Website — which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical documentation (iii) ability to log a case (iv) status view of outstanding RMAs. 5,0 Flxtrenie Networks lZesponsil)flities Extreme Networks is responsible for: 0 Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior to assignment of the RMA number. 0 Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant Networks' published price list applicable to such 0 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 328 of 1174 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 by the customer based on the impact on the network ;w,nd in zccord;wuce with the cl;wssific;wtion definitions contained in Appendix B. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational Software fix for the reported non-conformance available at the time the problem is reported, provided that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life Policy. 6,0 ().,�stonier lZesponsil)flities The Customer is responsible for: 0 Advising Extreme Networks, in writing, of any change of location for Covered Products to ensure proper dispatch and delivery. Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Returning the defective FRU to an authorized timely manner may result in the suspension of future advance hardware replacement service delivery from Extreme Networks. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer. In addition, customer must provide systems' passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. TO AsstniptiotlS The following assumptions govern the delivery of ExtremeWorks Advance Hardware Replacement Service: 0 Extreme Networks will make commercially reasonable efforts to ship, at its expense, a replaceable hardware FRU to arrive at the customer's designated location within the specified time frame and based on 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 329 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Services Partner to learn whether your location is included. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 FRU delivery is subject to the hours of coverage and response times as identified in Appendix A. 0 If the customer's Operational Software is a version that is not currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product 0 End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all nonconformance of the Operational Software can be corrected. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are as posted here. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 Unless required for operational reasons and elsewhere agreed between the customer and Extreme Networks, the replacement FRU will be at the then - current minimum hardware, software and software release levels as published by Extreme Networks. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit packs, software and all other supportable components within the system configuration. 8,0 Flxch,usions The following are completely out of the scope of ExtremeWorks Advance Hardware Replacement Services entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to charge for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks 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, fire, flood, water, wind, lightening or other acts of God, 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 and consumable items. Extreme Networks shall only be obligated to support the then -current revision of the Products and the Attachment D Page 49 of 471 Page 330 of 1174 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, 0 New releases and upgrades for Application subject to acceptance by Extreme Networks. Software, or software releases, updates or upgrades 0 Extreme Networks will have no liability or otherwise outof-scope as defined herein. obligations for failure of the products to conform to published specifications resulting from the 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. 0 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. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 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. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 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 50 of 471 Page 331 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A ExtremeWorks Advance Hardware lzepjacerrent Services Deliveralfles, 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 MOOT- No)so chocic ffio Lxnonio Nolwml�s Soa6co Av)u�p)Nhly M,p)16x fu�oc,)Jons nu)y bo oxchidod, 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 332 of 1174 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 IYIL]X. 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 IV, sfor 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. Attachment D Page 52 of 471 Page 333 of 1174 Restore time Update Case Priority Response Time (Software fix or Frequency workaround) Attachment D Page 52 of 471 Page 333 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. C1: Customer's network segment or Cl — Critical C2 — High Priority C3 — Medium Priority management application is down or Immediate Immediate Immediate experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours performance impact with no Immediate 48 hours 10 days immediate resolution available 2 hours 72 hours 20 days C2: Customer's network is experiencing 4 hours None None intermittent failure or degradation of network or I hour I 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. stq)pon, 1,ik, Cycle Coninnulicatiotl Matrix Notification Levels Cl — Critical C2 — High Priority C3 — Medium 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 334 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks('Return and Replace Service J'0 Service Overview Extreme Networks Return and Replace Service offering provides technical support, update and/or upgrade support, and return -to- factory parts replacement for Covered Products (as defined herein) Upon diagnosis of a reported failure, the service offering covers the replacement part within the response time specified, subject to the conditions defined herein. Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2,0 Service gvels ExtremeWorks Return and Replace Service is available with the following response times: Service Order Service Levels Response Code Time* ExtremeWorks 10 business 97001 Parts Return day from and Replace receipt M�),onosk p)nd lwiiNoshoodng ��oqiih�od Io udonffly flic 1'pIiflly Fokl Ronflp)co,)No Lhdl ("FRLJ") Io bo ��onflp)cod nuisl bo coni�flolod n)�m Io ��oqiiosflng flic ��onflp)conionl FRLJ, Tho �.os)onso Jnio suuls ,ffm��oc6)I ofdofocfivo indl by Lxu:onio Notwods, 3,0 Availability ExtremeWorks Return and Replace Service, 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. 4,0 Deliverables, ExtremeWorks Return and Replace Service offering includes the following: 0 GTAC Technical Support —24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix B for additional detail. 0 Return and Replace Service — provides customers the opportunity to return their defective part to Extreme Networks. A request for a replacement FRU is validated by GTAC and a Return Material Authorization (RMA) number is assigned. Within ten (10) business days of receipt of such defective product, Extreme Networks will ship a like or equivalent part back to the customer. Attachment D Page 54 of 471 Page 335 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Operational Software Updates and Upgrades — Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Operational Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTE: Support for Application Software products, including subscription to include entitlement to major and minor releases of the Application Software products, if available, are not included with the ExtremeWorks Return and Replace Service. Subscription and support for Application ExtremeWorks Return and Replace Service - SDD 2 Software must be ordered separately via ExtremeWorks Software Subscription services offerings as further published for availability in accordance with Extreme Networks' then -current Price List (currently categorized as order code 97003). 5,0 Flxtrenie Networks lZesponsil)flities Extreme Networks is responsible for: 0 Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior to assignment of the RMA number. 0 Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant RMA numbers. 0 Extreme Networks will measure and categorize the case priority level of software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix B. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational Software fix for the reported non-conformance available at the time the problem is reported, provided that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life Policy. Shipping a repaired or replacement FRU (feature, function and fit compatible) within 10 business days of receipt of the defective FRU at an Extreme Networks facility if the purchased service is Return and Replace. Return shipment of repaired or replaced FRU to the customer's designated location will be included with this SDD. Attachment D Page 55 of 471 Page 336 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 6,0 ()., stonier lZesponsil)flities The Customer is responsible for: 0 Advising Extreme Networks, in writing, of any change of location for Covered Products to ensure proper dispatch and delivery. 0 Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer. In addition, customer must provide systems' passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Requesting technical assistance from Extreme Networks in diagnosing a fault prior to requesting parts replacement. 0 Using all reasonable efforts to maintain Operational Software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. TO AsstniptiotlS The following assumptions govern the delivery of ExtremeWorks Return and Replace service: 0 Acknowledging that the customer's right to use the Operational Software releases is subject to the software licensing terms of the applicable purchas ing/li c en sing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 Extreme Networks will make commercially reasonable efforts to ship, at its expense, a replaceable hardware FRU to arrive at the customer's designated location within the specified time frame and based on the parameters indicated in Appendix A. In certain geographies, the customer may be responsible for the cost of importing replacement product, including customs and duty fees. Please consult with Extreme Networks or your authorized Extreme Networks Services Partner to learn whether your location is included. For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. If the customer's Operational Software is a version that is not currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all nonconformance of the Operational Software can be corrected. Attachment D Page 56 of 471 Page 337 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Parts Repair and FRU delivery is subject to the hours of coverage and response times as identified in Appendix A. 0 Operational Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are in included as Exhibit 4as posted here. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 Unless required for operational reasons and elsewhere agreed between the customer and Extreme Networks, the replacement FRU will be at the then - current minimum hardware, software and software release levels as published by Extreme Networks. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit packs, software and all other supportable components within the system configuration. 8,0 FAchisions, The following are completely out of the scope of ExtremeWorks Return and Replace Service entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to change for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks 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, fire, flood, water, wind, lightening or other acts of God, 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 and consumable items. 0 Extreme Networks 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 then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or obligations for failure of the products to conform to published specifications resulting from the 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. 0 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 Attachment D Page 57 of 471 Page 338 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. this service for locations outside Extreme Networks Appendix A ll ear rti and lZeplace Deliveralfles, 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 receipt of a defective product from the customer. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 Labor charges for reinstalling the customer's 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. This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service offering and any subsequent service renewals are subject to the terms and conditions of Extreme Networks Product End of Life and Support Plan End of Life policies. New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 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. 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. A current list of Extreme authorized servicing depots that correspond to the defined ExtremeWorks services offerings, including expected delivery response, defined herein is available on Extreme Networks MIM For Products covered with Return and Replace level of service, the customer pays for the return freight of the product to Extreme Networks, including any applicable taxes, duties and custom fees. Extreme Networks pays the freight of the unit shipped to the customer, excluding any applicable taxes, duties and custom fees. Attachment D Page 58 of 471 Page 339 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix 13 Case Severity and FlIscalation O"ddelines, 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 1'evel 01),jectives, Matrix Restore Time Update Case Priority Response Time (Software Fix or Frequency Workaround) C1: Customer's network segment or management Cl - Critical C2 - High Priority C3 - Medium Priority application is down or experiencing a consistent, 15 Minutes 4 Hours Up to 4 hours measurable performance impact with no Immediate Immediate 10 Days immediate resolution available Immediate 48 Hours 10 Days C2: Customer's network is experiencing intermittent 2 Hours 72 Hours 20 Days failure or degradation of network or management I Hour I 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. stq)pon, 1,ik, Cycle Coninnulication Matrix Notification Levels Cl - Critical C2 - High Priority C3 - Medium 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 340 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks OnSite Service 1,0 Service Overview Extreme Networks On-site Services offerings provide technical support, update and/or upgrade support, and advanced parts replacement with on-site labor for Covered Products (as defined herein) according to particular levels of purchase. Upon diagnosis of a reported failure, services offerings cover the replacement part and an on-site field technician arrival within the response time specified for the service level purchased, subject to the conditions defined herein. Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2,0 Service I,evels following response times depending upon offering purchased:* Service Order Service Levels Response Time Code ExtremeWorks Next Business 97011 Onsite Next Day Business Day ExtremeWorks 97008 Onsite — 24x7 24x7 - 4 Hours 4 Hours *M�),onosk �)nd lwiiNoshoodng �oqiihod Io �dondfy flic 1'pIiflly Fokl Roc flp)co,)No Lhdl ("FRLJ") Io bo �o�fl,�)cod nuisl bo coni�flolod �)�m Io �oqiiosflng flic pffmflic (-'iTA(' v,)h(h)los flic ciislonio�`s ��oqiiosl fup. ��onflp)conionl FRLJ p)nd p)ssgn p)n RMA nimibo�, 3,0 Avaflal)flity ExtremeWorks On-site 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. 4,0 Deliveralfles, Each ExtremeWorks On-site Services offering includes the following: 0 GTAC Technical Support — 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix B for additional detail. 0 Advanced Shipment — Extreme Networks provides for the advanced shipment of FRUs to the customer's contracted sites within the contract response time on Covered Products. A request for a replacement FRU is validated by GTAC and a Return Material Authorization (RMA) number is assigned. Extreme Networks will pick, pack and dispatch the replacement FRU using a commercial delivery service to make the delivery to the customer's contracted site. The replacement FRU will be ��onflp)conionl FR LJ. Tho �.os)on so Jnio Jnm� v,�d suuls delivered within the contracted response time, subject Attachment D Page 60 of 471 Page 341 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. to the regional restrictions, response times, and diagnostic requirements identified in Appendix A. 0 On -Site FRU Replacement – After a request for a replacement FRU is validated by GTAC, Extreme Networks assigns a field technician, who will be scheduled for arrival within the contracted response time, depending on the distance to the customer's site (see Appendix A) for details on Covered Products. The Extreme Networks field technician will replace the defective FRU and install the replacement FRU. See Appendix for response A))hcp)flon Softwuo nuisl bo mdonod so),�)nmo�y vu) Bnonio\Vodns Softwpuo Siibscnu )don s vucos offo�ngs p)s fiudio��)iibhshod fu�� �'n p)ccm(hmco wffi Bnonio Nolwml�s' flion ciunonl P6co Lkl (ciuonfly cp)Iogo6zod p)s mdo�� co do 9700 0 Access to Extreme Networks' Customer Support Web site —which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical times and diagnostic requirements. documentation (iii) ability to log a case (iv) status 0 Operational Software Updates and Upgrades – view of outstanding RMAs. Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Operational Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. Note: Siin)n)on fun. A/ )n)hcp)Jon Softwpuo n)wdllcts., unchidung siibsc6d)Jon lo unchido ondflonictil lo nu)jm p)nd ndnm n.oVo,)sos offfic A))hc,)Jon Softwpuo n)wdiicts., puo nol unchidod wufll flic Bnd onioNA'odns On 0o Soa6cos, SiibscH'n)floti p)nd sl]�)n)On Im 5,0 Flxtrenie Networks lZeapo nsil)flities Extreme Networks is responsible for: 0 Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior to assignment of the RMA number. 0 Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant RMA numbers. 0 Dispatching a field technician and an equivalent FRU(feature, function and fit compatible) to arrive at the customer's site, subject to conditions outlined in Appendix A, following assignment of the RMA numbers. 0 Coordinating the arrival of the Extreme Networks field technician and the FRU at the customer's site. 0 Extreme Networks will measure and categorize the case priority level of Operational Software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix B. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. Attachment D Page 61 of 471 Page 342 of 1174 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 specifications of a supported Operational Software version, then Extreme Networks will provide any Operational current list price. Failure to return defective parts in a timely manner may result in the suspension of future advance hardware replacement service delivery from 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 Software that is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy. 6,0 ().,ustonier ll esponsil)flities The Customer is responsible for: 0 Advising Extreme Networks, in writing, of any change of location for Covered Products to ensure proper dispatch and delivery. 0 Ensuring that access (point of entry, security access) is arranged to both the site and equipment for receiving the replacement FRU and to enable the field technician to carry out the hardware replacement, and if necessary making personnel available to accompany the field technician on site. (For locations requiring special access, such as government facilities or financial institutions, the customer needs to provide written documentation needed to obtain access.) On completion of FRU replacement, the field technician will leave the site except as otherwise approved by Extreme Networks. 0 Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Returning the defective FRU to an authorized Extreme Networks repair facility. In the event that you fail to return the defective FRU within ten (10) business days of receipt of the replacement FRU, Extreme Networks reserves the right to invoice you ITZINEWMIMMM engineer. In addition, customer must provide systems' passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. TO Asstniptions The following assumptions govern the delivery of ExtremeWorks On-site Services: 0 Acknowledging that the customer's right to use the Operational Software releases is subject to the software licensing terms of the applicable purchasing/licensing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 On -Site and FRU delivery are subject to the hours of coverage and response times as identified in the Appendix. Attachment D Page 62 of 471 Page 343 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Extreme Networks will make commercially reasonable efforts to ship, at its expense, a replaceable hardware FRU to arrive at the customer's designated location within the specified time frame and based on the parameters indicated in Appendix A. In certain geographies, the customer may be responsible for the cost of importing replacement product, including customs and duty fees. Please consult with Extreme Networks or your authorized Extreme Networks Services Partner to learn whether your location is included. 0 Extreme Networks will use commercially reasonable efforts to dispatch a field technician to arrive at the customer's designated location to perform the on-site replacement. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 If the customer's Operational Software is a version that is not currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all non-conformance of the Operational Software can be corrected. 0 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 compatible) at the designated customer site within the response time set out in the Appendix. The failed FRU becomes the property of Extreme Networks on an exchange basis. 0 Operational Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks - supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are included in Exhibit 4. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 Unless required for operational reasons and elsewhere agreed between the customer and Extreme Networks, the replacement FRU will be at the then - current minimum hardware, software and software release levels as published by Extreme Networks. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit packs, software and all other supportable components within the system configuration. Attachment D Page 63 of 471 Page 344 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 8,0 FAchisions, The following are completely out of the scope of ExtremeWorks On-site Services entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to charge for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks 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, fire, flood, water, wind, lightening or other acts of God, 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 and consumable items. 0 Extreme Networks 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 then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or obligations for failure of the products to conform to published specifications resulting from the 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. 0 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 provide services as soon as practical after receipt of a request from the customer. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 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. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service offering and any subsequent service renewals are subject to the terms and conditions of Extreme Networks Product End of Life and Support Plan End of Life policy. 0 New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 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 64 of 471 Page 345 of 1174 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 Flxtrenie\A�orks Onsite Services, Deliveralfles, zone where your nearest Extreme Networks GTAC is 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 based upon the system's Onsite 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 onsite response, defined herein is available here. All Onsite Service offerings require customer site location pre -approval from Extreme Networks before Extreme Networks will accept a purchase order for the applicable Onsite, support plan. Email: for confirmation of service delivery availability. Next Business Day Onsite Where Next Business Day Onsite Services are available, Extreme Networks must approve the RMA Next Business Day Onsite is generally available in these geographical locations: Note: No,)so chock ffic Lxnonio Nolwml�s Soa6co Avp)� )Nhly M,p)Idx fu� ioc,)Jons ffip)l nu)y be Oxch](10d, North America: United State and Canada EMEA: Most European Union Countries, Switzerland and South Africa 0 LATAM: Argentina, Brazil, Columbia, Mexico 0 APJC: Australia, China, India, Japan, Philippines 4 Hour Onsite 4 Hour Onsite is only available to you within one hundred (100) miles (160 kilometers) of an Extreme Networks service parts depot. Extreme Networks provides parts and a field technician 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 Onsite 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. Attachment D Page 65 of 471 Page 346 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix B Case Severity and l"I'scalation Gl.,jdelines 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 01),jectives, Matrix Restore Time Update Case Priority Response Time (Software Fix or 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 I hour I day Daily or management application. C3: Customer has issues that do not affect normal network or management application 8 hours 10 days 5 days operation and/or questions concerning product function or use. C4: Submission of a product enhancement Immediate 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. lum Attachment D Page 66 of 471 Page 347 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. stq)port 1'ik' Cycle Corri-ri"alication Matrix Notification Level 4 APs Model Numbers Model Number 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 348 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks Software Subscription 1,0 Service Overview Extreme Networks Software Subscription Service offering provides technical support and update and/or upgrade support, for Covered Products (as defined herein). Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC") 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks Application Software. 2,0 Service gvels ExtremeWorks Software Subscription support has the following Services Order Code: 4 Managed Devices Service Levels 97003 Software Subscripti *M�),onosk �)nd lioiiNoshoodng �oqiihod lo �dondfy floc 1'pIiflly Fokl Roc flp)co,)No LJ dl ("FRLJ") lo bo �o�fl,�)cod nwsl bo coni�flolod �)�m lo �oqiiosflng flic ��onflp)conionl FRLJ, 3,0 Avaflal)flity ExtremeWorks Software Subscription Service, contracted for a defined period, is available globally, subject to the conditions herein. 4,0 ll: eliveralfles, ExtremeWorks Software Subscription service offering includes the following: 0 GTAC Technical Support — 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks Application Software to conform to published documentation on Covered Products. 0 Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions or immediate concerns associated with the service quality on Covered Products. Please see Appendix A for additional detail. Application Software Updates and Software Upgrades — Customer is entitled to receive any Application Software or software upgrades that Extreme Networks may develop and generally release on Covered Products. Application Software is defined as software that is not required to operate a network device, such as management software. It is not an enhancement to the Operational Software and may reside on another network device. Application Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Application Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTL­ Sii�)�)on 0�)onm�otud Softw,�uo �)wdllcts., unchidng siibsc6n)don lo unchido ondflonictil lo Attachment D Page 68 of 471 Page 349 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. nu)jm p)nd ndnm n0d0p)Sos offfic 0d)Onp)Jotud Softwuo d)wdiicts., puo nol dnchidod wWi dic Lxuonio\Vodcs Softwuo Siibsc6d)Joti soca fcos, Siibsc6f)Jon p)nd siid)f)on fuu� 0d)on)flotud Softwuo nuisl bo mdood so),�)nmo�y vup) Blluonlo\Vodu s sou dcos 011'0u ngs p)s d)iibhshod fupuxpu.f puirddu�:y dn p)ccm(hmco wWi Bn� onio Notwodc�s' dion ciuuonl Nco Lkl, 0)o.p)Jotud Softwpuo k dollnod p)s oniboddod softwpuo k u�0(111h�od 10 0d)On)10 p)n Bllonlo Notwods notwoddovfco p)nd k offood fuspdo p)s p)n dnchlsvo conwonom 01'slich hudw��uo nolwml� dovco, 0 Access to Extreme Networks' Customer Support Website — which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical documentation (iii) ability to log a case (iv) status view of outstanding RMAs. 5,0 Flxtrenie Networks Reufoprnpuudrufftfes Extreme Networks is responsible for: 0 Extreme Networks will measure and categorize the case priority level of Application Software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix A. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to nonconformance to published specifications of a supported Application Software version, then Extreme Networks will provide any Application Software fix for the reported nonconformance available at the time the problem is reported, provided that customer is running on a version of Application Software that is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy. 6,0 ().,ustonier Responsil)flities The Customer is responsible for: 0 Ensuring that all covered Application Software is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that software from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer and provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain Application Software products major releases installed at sites at the most current release level. 0 Using the versions of Application Software currently supported by Extreme Networks. If the Application Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Operational Software must be purchased separately as defined in Extreme's then -current Price List, if available. Attachment D Page 69 of 471 Page 350 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 0 Using the versions of Application Software currently supported by Extreme Networks. If the Application Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. TO Asst,�niptiotlS The following assumptions govern the delivery of ExtremeWorks Software Subscription: 0 Acknowledging that the customer's right to use the Application Software releases is subject to the software licensing terms of the applicable purchasing/licensing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 For the purpose of providing support services, Extreme Networks will have the right at any time to audit a contracted site through software, remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 If there is no available Application Software fix, Extreme Networks will use reasonable commercial efforts to remedy such non- conformance, which may include a workaround or other temporary or permanent fix to the Application Software, provided that the reported problem can be verified and/or recreated by Extreme Networks on the then current software version. If the customer's software is a version that is not currently supported, and the non- conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Application Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all non- conformance of the Application Software can be corrected. 0 Application Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks -supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Application Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Application Software upgrades shall be subject to the terms and conditions of said software. 0 Application Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the covered product that is registered. Use of Application Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are as posted here. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit Attachment D Page 70 of 471 Page 351 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. packs, software and all other supportable components within the system configuration. 8,0 Flxcft,sions The following are completely out of the scope of ExtremeWorks Software Subscription Service entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to change for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks 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, fire, flood, water, wind, lightening or other acts of God, 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 and consumable items. 0 Extreme Networks 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 then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or combination of the products with any third -party hardware or software not authorized in the 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. 0 Labor charges for reinstalling the customer's system 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. New releases and upgrades for Operational Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 The customer acknowledges that any hardware upgrades, improvements or changes required to install or use a Application 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. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 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 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 352 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. annual hardware contract to the customer for consideration. 0 This service offering and any subsequent service renewal is subject to the terms and conditions of the applicable Extreme Networks Product End of Life and Support Plan End of Life policy. 0 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 353 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A Case Severity and FlIscalation Gt,ddejines 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 1'e el 01),jectives, Matrix Restore time Update Case Priority Response Time (Software fix or Frequency workaround) C1: Customer's network segment or management application is down or experiencing a consistent, measurable 15 minutes performance impact with no immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network or I hour management application. C3: Customer has issues that do not affect normal network or management application 8 hours operation and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate feature request Acknowledgn: a 4 hours Up to 4 hours I day Daily 10 days 5 days N/A N/A 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. stq)pon, 1,ik, Cycle Coninnulication Matrix Notification Levels Cl — Critical C2 — High C3 — Medium Priority Priority Attachment D Page 73 of 471 Page 354 of 1174 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 355 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks Software and Global Technical Assistance Center (GTAQ 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 herein). Extreme service offerings further grant Customers telephone and web access to Extreme Networks Global Technical Assistance Center ("GTAC" ) 24 hours a day, 365 days a year (24x7) to report problems, ask product -related questions and receive assistance for Extreme Networks hardware and Operational Software. 2.0 Service Levels ExtremeWorks Software and GTAC Support has the following Services Order Code: Service Order Code Service Levels 97000 Software and GTAC 3.0 Availability ExtremeWorks Software and GTAC Service, contracted for a defined period, is available globally, subject to the conditions herein. 4.0 Deliverables ExtremeWorks Software and GTAC service offering includes the following: 0 GTACTechnical Support -- 24x7 telephone support that provides technical assistance with diagnosis of defect or failures in the Extreme Networks hardware and Operational Software to conform to published documentation on Covered Products. 0 Escalation Management --The GTAC is the escalation point for the customer for raising 0 Operational Software Updates and Upgrades -- Customer is entitled to receive any Operational Software or Operational Software upgrades that Extreme Networks may develop and generally release on Covered Products. Operational Software is defined as embedded software that is required to operate an Extreme Networks network device and is offered for sale as an inclusive component of such hardware network device product as described in Extreme Networks' published price list applicable to such hardware product ("Covered Product"). Operational Software updates and upgrades may be obtained through Extreme Networks' Website after establishing a web account and are only available for Covered Product that is registered and subject to Extreme's standard published product documentation and support/maintenance entitlements. Use of Operational Software updates and upgrades shall be subject to the ExtremeWorks Support Program Terms and Conditions, in addition to your applicable product license agreement and purchasing terms and conditions. NOTE: Support for Application Software products, including subscription to include entitlement to major and minor releases of the Application Software products, if available, are not included with the ExtremeWorks Software and GTAC Service. Subscription and support for Application Software must be ordered separately via ExtremeWorks Software Subscription services offerings as further published for availability in accordance with Extreme Attachment D Page 75 of 471 Page 356 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Networks' then -current Price List (currently categorized as order code 97003). 0 Access to Extreme Networks' Customer Support Website .- which may include, but is not limited to (i) status review of known hardware and software problems (ii) access to technical documentation (iii) ability to log a case (iv) status view of outstanding RAs. 5.0 Extreme Networks Responsibilities Extreme Networks is responsible for: 0 Extreme Networks will measure and categorize the case priority level of software problems reported by the customer based on the impact on the network and in accordance with the classification definitions contained in Appendix A. If it is not clear which priority level applies, then the priority level assigned by the customer will be used. However, if a problem clearly belongs in a given priority level, then that level will be used. Case severity and level assignment will be determined in Extreme's sole discretion. 0 If Extreme Networks diagnoses that a reported problem is due to non-conformance to published specifications of a supported Operational Software version, then Extreme Networks will provide any Operational Software fix for the reported non-conformance available at the time the problem is reported, provided that customer is running on a version of Operational Software that is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End 0 6.0 Customer Responsibilities The Customer is responsible for: 0 Ensuring that all covered hardware is operational and up to the currently supported revision level before this service plan goes into effect. Failure to do so will exclude that hardware from coverage. 0 Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Providing, at Customer's expense, reasonable access to the Product through the Internet or via modem to establish a data communication link between Customer and the Extreme Networks GTAC engineer and provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 0 Using all reasonable efforts to maintain Operational Software products major releases installed at sites at the most current release level. 0 Using the versions of Operational Software currently supported by Extreme Networks. If the Operational Software is a version other than that which is currently supported, as identified in the Extreme Networks Product End of Life and Support Plan End of Life Policy, the customer is required to purchase the required versions of the product to obtain support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if available. 7.0 Assumptions The following assumptions govern the delivery of ExtremeWorks Software and GTAC Support: 0 Acknowledging that the customer's right to use the Operational Software releases is subject to the software licensing terms of the applicable purchasing/licensing agreement under which the customer purchased/ licensed its products from Extreme Networks, and any associated terms and conditions contained therein. 0 For 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 357 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. remote polling or other reasonable means to verify the site's in-service inventory against the contracted equipment, to conform to the customer's network size and/or to verify the software eligibility status, except as otherwise may be prohibited by applicable law. 0 If there is no available Operational Software fix, Extreme Networks will use reasonable commercial efforts to remedy such non. - conformance, which may include a workaround or other temporary or permanent fix to the Operational Software, provided that the reported problem can be verified and/or recreated by Extreme Networks on the then current software version. 0 If the customer's Operational Software is a version that is not currently supported, and the non. - conformance is corrected in a supported version, then the customer will be advised to upgrade to obtain assistance. Extreme Networks will not incorporate software fixes or corrections into versions of Operational Software other than those currently supported in accordance with Extreme Networks' Product End of Life and Support Plan End of Life Policy. Extreme Networks does not represent or warrant that all nonconformance of the Operational Software can be corrected. 0 Operational Software products major releases and upgrades are provided for distribution only to the customer for use on or with the Extreme Networks supplied products on which they operate, in accordance with the Extreme Networks published specifications. 0 Operational Software upgrades may be obtained through Extreme Networks' Web site after establishing a web account and are only available for the Covered Product that is registered. Use of Operational Software upgrades shall be subject to the terms and conditions of said software. 0 Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's performance of support and services are included in Exhibit 4. In the event of any conflict between the language in this Service Description Document and Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. 0 When the hardware or software is part of the same system, it must carry consistent service level coverage. This includes the chassis, modules, circuit Tracks, software and all other supportable components within the system configuration. 8.0 Exclusions The following are completely out of the scope of ExtremeWorks Software and GTAC Service entitlements and are not included herein. Professional Services offerings may be available for purchase and Extreme reserves the right to change for any costs incurred with performance of services affected by any of the following factors below. 0 Extreme Networks 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, fire, flood, water, wind, lightening or other acts of God, 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 and consumable items. 0 Extreme Networks 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 Attachment D Page 77 of 471 Page 358 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. under the Services may be obtained at then -current rates for special technical services and on Extreme Networks then -current terms and conditions for such services, subject to acceptance by Extreme Networks. 0 Extreme Networks will have no liability or obligations for failure of the products to conform to published specifications resulting from the combination of the products with any third -party hardware or software not authorized in the 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. 0 Labor charges for reinstalling the customer's 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. 0 Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 0 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. 0 This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 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 rates, and subsequently Extreme Networks will recommend an appropriate annual hardware contract to the customer for consideration. 0 This service offering and any subsequent service renewal is subject to the terms and conditions of the applicable Extreme Networks Product End of Life and Support Plan End of Life policy. 0 New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. 0 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 78 of 471 Page 359 of 1174 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 Frequency Workaround) C1: Customer's network- segment or management CI - Critical C2 - High Priority C3 - Medium Priority application is down or experiencing a consistent, 15 Minutes 4 hours Up to 4 hours measurable performance impact with no Immediate Immediate 10 Days immediate resolution available Immediate 48 Hours 10 Days C2: Customer's network is experiencing intermittent 2 Hours 72 Hours 20 Days failure or degradation of network or management I Hour I 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 CI - Critical C2 - High Priority C3 - Medium 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 360 of 1174 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 f - Stipp Stipp ort 10033 Summit Pwr Cord I OACEE 7/7C 13 Pwr Cord I OACE".E"", No 7/71EC32OC13 Warranty 10034 Summit Pwr Cord I OAB S 13 63 C 13 Pwr No Cord I OABS 13631EC320 Warranty C13 10035 Summit Pwr Cord I OAB S546C 13 Pwr No Cord I OABS5461EC320C Warranty 13 10036 Summit Pwr CordlOAAS3112CI3 Pwr No Cord I OAAS31121EC320 Warranty C13 10037 Summit Pwr Cord I OASEC 1011 C 13 Pwr No CordIOASECIOIIIEC320 Warranty C13 10038 Summit Pwr Cord I OACEI Pwr Cord I OACEI No 2316/VIIC13 2316/VIIIEC32OC13 Warranty 10039 Summit Pwr Cord I OAG131002 Pwr Cord I OAG131002 I Year YP03CI3 YP031EC32OC13 Warranty 10041 BD 8K Pwr Cord I OANEMA Pwr Cord I OANIHMA I Year 515PC13RA 515PIEC32OC13 Right Warranty Angle 10042 BD 8K Pwr Pwr I Year Cord 12AJISC8303C 13 RA Cord 12AJISC83031EC32 Warranty OC13RA 10043 BD 8K Pwr Cord I OACEE Pwr Cord I OACE".E". No 7/7C 13 RA 7/71EC320C 13 Right Warranty Angle 10044 BD 8K Pwr Pwr No CordIOABS1363CI3RA Cord I OABS 13631EC320 Warranty CBRight Angle 10045 BD 8K Pwr Pwr No CordIOABS546CI3RA Cord I OABS5461EC320C Warranty 13 Right Angie 10046 BD 8K Pwr Pwr No Cord I OAAS3112C 13 RA Cord I OAAS31121EC320 Warranty CBRight Angle Attachment D Page 80 of 471 Page 361 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10047 BD 8K Pwr Pwr No CordIOASECI0IIC13RA CordlOASECIOIIIEC320 Warranty CORight Angle 10048 BD 8K Pwr Cord I OACEI Pwr Cord I OACEI No 2316/VIIRA 2316/VIIIEC320C 13 Right Warranty Angle 10049 BD 8K Pwr Cord I OAG131002 Pwr Cord I OAG131002 I Year YP03CI3RA YP031EC32OC 13 RA Warranty 10058 Optics IOOBASEBXD Bibi SIP lOOBASE".BXD I Year Bidirecttion Downstream Warranty SIP module SMF lOkm link I-Cconnector for Fast E-thernet SIP Port 10059 Optics IOOBASEBXIJ BiDi SIP IOOBASI-,".13X(J I Year Bidirecttion Downstream Warranty SIP module SMF lOkm link I-Cconnector for Fast E-thernet SIP Port 10060 Optics IOOFX/1000[-X miniGBIC MiniGBIC SIP dualspeed I Year 100 [_X / 1000 [_X I -C Warranty connector 10061 Summit Pwr Cord I OANEMA Pwr Cord I OANE".MA I Year 515PC13 515PIEC32OC13 Warranty 10062 Summit Pwr Cord 12AJISC8303C 13 Pwr I Year Cord 12AJISC83031EC32 Warranty OC13 10063 Optics lOOFX miniGBIC Module MiniGBIC SIP lOOFX I Year MMIC I -C connector Warranty 10065 Optics 10/100/1000BASET SIP 10/100/1000BASET SIP I Year module CA'r5 cable 100m Warranty link RJ45connector for Giga Bit Ethernet SI P Port. 10066 Optics IOOBASEI-XIO SIP lOOBASEI-XIO SIP I Year module SMF lOkm link Warranty I-Cconnector for Fast E-thernet SIP Port. 10067 Optics IOOBASEFX SIP lOOBASE­TX SIP module I Year MMIC 2km link Warranty I-Cconnector for Fast E-thernet SIP Port. Itemp 10088 BD 8K Pwr Cord I OANEMA Power Cord I OANE".MA I Year 1,615 PC 13 RA 1-615PIEC32OC13 Right Warranty Angle Attachment D Page 81 of 471 Page 362 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10089 Summit PWR Power Cord I OA No CORD I OAAIJSAS3112C I A(Js,rRAI-IA AS3112 Warranty 5 IEC32OC15 10090 Summit PWR CORDIOACHINA Power Cord I OA CHINA No G131002 G131002 Warranty 10092 Summit PWR Power Cord 10A soum No CORD I OASASABS 164/1 C AFRICA SABS 164/1 Warranty 15 IEC32OC15 10093 Summit PWR Power Cord I OA No CORD I 0ADE`.NMARKSR DE`.NMARKSRAF Warranty AFC15 IEC32OC15 10094 Summit PWR Power Cord I OA No CORD I 0AEIJROPECE`.E`.7 EUROPE CE`.E`.7 Warranty C15 IEC32OC15 10095 Summit PWR Power Cord 12A BRAZIL L No CORD 12AB RNBR14136C NBR14136 IEC32OC15 Warranty 15 10096 Summit PWR Power Cord I OA UK BS No CORD10A(JKBS1363C15 1363 IEC32OC15 Warranty 10097 Summit PWR Power Cord 10A SWISS No CORD I OASWISSSEVI 0 1 SEV1011 IEC32OC15 Warranty IC15 10098 Summit PWR Power Cord 12A JAPAN No CORD 12AJAPANJIS8303 JIS 8303 IEC32OC15 Warranty C15 10099 Summit PWR Power Cord 15A USA No CORD I 5AUSANEMA515 NE',MA 515 IEC32OC15 Warranty C15 10100 Summit PWR CORD 15A Power Cord 15A No ROWAJ SA C 14C 15 ROW/(JSA Jumper Warranty IEC32OC14 IEC32OC15 10121 Optics SR XIP Module IOC113ASESR XIP I -C I Year Connector Warranty 10122 Optics LR XIP Module IOC113ASEI-R XIP I -C I Year Connector Warranty 10124 Optics ER XIP Module 10G13aseER XIP 40km I Year reach I -C connector Warranty 10125 Optics ZR XIP module 10 Gigabit Ethernet XIP I Year module 1550nm SMF Warranty 80km I -C connector 10200 Optics Tunable DWDM XIP 10 Gigabit Ethernet XIP I Year 'tunable DWDM module Warranty Cband SMF80km I -C connector Attachment D Page 82 of 471 Page 363 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10202 Optics Im QSFP+ to 4xP+ QSFP+ to 4 x SFP+ I Year fanout26 AWG fanout copper cable 26 Warranty AWG Im length. 10203 Optics 2m QSFP+ to 4xSFP+ QSFP+ to 4 x SIP + I Year fanout26 AWG fanout copper cable 26 Warranty AWG 2m len th. 10301 Optics SR SIP + module 10 Gigabit Ethernet SIP + I Year module 850nm MMIC Warranty 26300m link I -C connector 10302 Optics LR SIP + module 10 Gigabit Ethernet SIP + I Year module 1310nm SMF Warranty lOkm link I -C connector 10303 Optics LRM SFP+ module LRM SI P+ ModuleO I Year Gigabit Ethernet SI P+ Warranty module 1310nm MMIC 220m link I -C connector 10304 Optics Im SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty Im length. 10305 Optics 3m SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty 3m length. 10306 Optics 5m SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty 5m length. 10307 Optics 10m SI P+ Cable 10 Gigabit Ethernet SI P+ I Year passive cable assembly Warranty 10m len th. 10309 Optics ER SI P+ module 10 Gigabit Ethernet SI P+ I Year module 1550nm SMF Warranty 40km link I -C connector 10310 Optics ZR SI P+ module 10 Gigabit Ethernet SI P+ I Year module 1550nm SMF Warranty 80km I -C connector 10311 Summit 0.5m QSFP+ Passive 40 Gigabit Ethernet I Year Copper Cable QSFP+ passive copper Warranty cable assembly 0.5m length. 10312 Summit Im QSFP+ Passive Copper 40 Gigabit Ethernet I Year Cable QSFP+ passive copper Warranty cable assembly Im length. 10313 Summit 3m QSFP+ Passive Copper 40 Gigabit Ethernet I Year Cable QSFP+ passive copper Warranty cable assembly 3m length. Attachment D Page 83 of 471 Page 364 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10315 Summit 10m QS + Active Optical 40 Gigabit F­thernet I Year Cable QSFP+ active optical Warranty cable assembly 10m length. 10316 Summit 20m QSFP+ Active Optical 40 Gigabit F­thernet I Year Cable QSFP+ active optical Warranty cable assembly 20m length. 10318 Summit 100m QSFP+ Active 40 Gigabit F­thernet I Year Optical Cable QSFP+ active optical Warranty cable assembly 100m length. 10319 Optics QSFP+ SR4 Module 40 Gigabit F­thernet I Year QSFP+ SR4 optical Warranty module MPO connector 100m link length. 10320 Optics QSFP+ 40GBASEI-R4 40 Gigabit F­thernet I Year QSFP+ LR4 optical Warranty module IC connectors lOkm SMI-' link length 10321 Summit QSFP+ 4xSFP+ fanout cb] QSFP+ to 4 x SI P+ I Year 3m fanout copper cable 3m Warranty 10322 Summit QSFP+ 4xSFP+ fanout cb] QSFP+ to 4 x SI P+ I Year 5m fanout copper cable 5m Warranty 10323 Summit 5m QSFP+ Passive Copper 40 Gigabit F­thernet I Year Cable QSFP+ passive copper Warranty cable assembly 5m length. 10325 Optics Tunable DWDM SI P+ 10 Gigabit F­thernet SI P+ I Year 'tunable DWDM module Warranty SMF'80km I -C connector 10326 Optics QSFP+ PSM Optical QSFP+ (4XIO01BASE) I Year Module breakout optical module Warranty MPO connector lOkm SMI-' link length 10327 Optics MPO to 4xI.0 breakout MPO to 4 x I -C breakout I Year patch cable SM 10m patch cable SingleMode Warranty 1 o 10328 Summit 3rd Party Optics Lic ExtremeXOS 3rd Party No X480/X460 Optics (40ExtremeXOS Warranty 3rd Party Optics (40G and 10001) FeaturePack for X4600.12 X480 10329 Optics 400I1 Bi Di MMFQSFP+ 400I1 Bidirectional MMI-' I Year 100m OM3 QSFP+ I -C Warranty 10330 Optics CI P2 l00GBASEI-R4 100 Gigabit F­thernet[-R4 I Year module CPF2 optical module I -C Warranty Attachment D Page 84 of 471 Page 365 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 85 of 471 Page 366 of 1174 connector lOkm SMF link length 10331 Optics CI P2 l00G13ASESRI0 100 Gigabit F­thernetSRI0 I Year module CPF2 optical module Warranty MPO connector loom link length 10332 Optics MP04xI.0 patch cable MPO to 4xI.0 breakout I Year OM4 5m patch cable OM4 MMI-' Warranty 5m 10334 Optics 40CIb LM4 QSFP+ 40CIb LM4 140m OM3 I Year MMI' lKm SMF QSFP+ Warranty I -C 10335 Optics 40CIb ER4 QSFP+ 40CIb ER4 40Km SMF I Year QSFP+ I -C Warranty 10336 Optics 3m QSFP+ Active Optical 40 Gi abit F­thernet I Year Cable QSFF- active optical Warranty cable assembly 3m length 10337 Optics 5m QSFP+ Active Optical 40 Gi abit F­thernet I Year Cable QSFF4 active optical Warranty cable assembly 5m length 10338 Optics 10Gb SI P+ IOGBASET l0Gb SI P+ IOGBASET I Year RJ45 30m with Cat6a Warranty 10345 Optics MPO patch cable OM3 3m MPO to MPO Patch cable I Year 12 fiber pinless Warranty mpomrp connectors OM3 MMF,rype B 3m 10346 Optics MPO patch cable OM3 MPO to MPO Patch cable I Year loom 12 fiber pinless Warranty mpomrp connectors OM3 MMI-' 'rype B 100m 10401 Optics 100Gb QS P28 SR4 MMIC 100Gb 100G13ASESR4 I Year 70m OM3 / loom OM4 Warranty MMI-' QS P28 MPO 10403 Optics 100Gb QSFP28 LR4 lOkm l00Gb l00G13ASEI-R4 I Year lOkm SMF,'QSFP28 I -C Warranty 10404 Optics 100Gb QS P28 CWDM4 I 00Gb CWDM4 2km I Year SMF,'QSFP28 I -C Warranty 10405 Optics 100Gb QS P28 PSM4 100Gb PSM4 2km SMF I Year QS P28 MPO Warranty 10406 Optics 100Gb SWDM4 MMI-' 10OGb QS P28 SWDM4 I Year 75m OM3 / loom OM4 Warranty MMI-' I -C 10410 Optics 100Gb DAC 100Gb QSFP28QSFP28 I Year QSFP28QSFP28 0.5m Direct attach passive Warranty copper cable 0.5m Attachment D Page 85 of 471 Page 366 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10411 Optics lOOGb DAC lOOGb QSFP28QSFP28 I Year QSFP28QSFP28 lm Direct attach passive Warranty copper cable lm 10413 Optics lOOGb DAC lOOGb QSFP28QSFP28 I Year QSFP28QSFP28 3m Direct attach passive Warranty copper cable 3m 10414 Optics lOOGb DAC lOOGb QSFP28QSFP28 I Year QSFP28QSFP28 5m Direct attach passive Warranty copper cable 5m 10421 Optics lOOGb DAC lOOGb QSFP284 x SI P28 I Year QSFP284xSFP28 Im (4x25Gb) Direct attach Warranty passive copper breakout IM 10423 Optics lOOGb DAC lOOGb QSFP284 x SI P28 I Year QSFP284xSFP28 3m (4x25Gb) Direct attach Warranty passive copper breakout 3m 10424 Optics lOOGb DAC lOOGb QSFP284 x SI P28 I Year QSFP284xSFP28 5m (4x25Gb) Direct attach Warranty passive copper breakout 5m 10426 Optics lOOGb DAC lOOGb QSFP282 x I Year QSFP282xQSFP28 Im QSFP28 (2x5OC!b) Direct Warranty attach passive copper breakout Im 10428 Optics lOOGb DAC lOOGb QSFP282 x I Year QSFP282xQSFP28 3m QSFP28 (2x5OC!b) Direct Warranty attach passive copper breakout 3m 10434 Optics lOOGb AOC QSFP28 5m lOOGb QSFP28QSFP28 I Year Active optical cable 5m Warranty 10435 Optics lOOGb AOC QSFP28 7m lOOGb QSFP28QSFP28 I Year Active optical cable 7m Warranty 10436 Optics lOOGb AOC QSFP28 lOrn lOOGb QSFP28QSFP28 I Year Active optical cable lOrn Warranty 10437 Optics lOOGb AOC QSFP28 20m lOOGb QSFP28QSFP28 I Year Active optical cable 20m Warranty 10441 Optics lOOGb AOC QSFP28 x 4 lOOGb QSFP28 4xSFP28 I Year SI P28 5m (4x25C!b) Active optical Warranty breakout cable 5m 10442 Optics lOOGb AOC QSFP28 x 4 lOOGb QSFP28 4xSFP28 I Year SI P28 7m (4x25C!b) Active optical Warranty breakout cable 7m 10443 Optics lOOGb AOC QSFP28 x 4 lOOGb QSFP28 4xSFP28 I Year SI P28 lOrn (4x25C!b) Active optical Warranty breakout cable lOrn Attachment D Page 86 of 471 Page 367 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10444 Optics 100Gb AOC QSFP28 x 4 l00Gb QSFP28 4xP28 I Year SI P28 20m (4x25Gb) Active optical Warranty breakout cable 20m 10446 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 5m QSFP28 (2x5OGb) Active Warranty Optical Breakout Cable 5m 10447 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 7m QSFP28 (2x50011) Active Warranty Optical Breakout Cable 7m 10448 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 10m QSFP28 (2x50011) Active Warranty Optical Breakout Cable lorn 10449 Optics I 00Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 20m QSFP28 (2x50011) Active Warranty Optical Breakout Cable 20m 10501 Optics 25Gb SI P28 SR MMI-' 25Gb SI P28 I Year 25CI13ASESR 70m OM3 Warranty 100m OM4 MMI-' LC 10502 Optics 25Gb SI P28 SR LiteFEC 25011 SR LiteFEC 50m I Year MMI-' OM3 / 70m OM4 It SI Warranty 70m OM3 / 100m OM4 MIDI I -C 10503 Optics 25Gb SFP28 ESR MMIC 25Gb SFP28 ESR I Year extended range 300m Warranty OM3 / 400m OM4 MMI-' I -C 10504 Optics 25Gb Si P28 LR l0krn 25Gb Si P28 LR l0krn I Year SMI-' SMI-' I -C Warranty 10506 Optics QSFP28 Si P28 Adapter QSFP28 Si P28 Slot I Year Adapter Warranty 10520 Optics 25Gb DAC SFP28SFP28 25011 SFP28SFP28 I Year IM Passive Copper Direct Warranty Attach Cable Im 10521 Optics 25Gb DAC SFP28SFP28 25011 SFP28SFP28 I Year 3m Passive Copper Direct Warranty Attach Cable 3m 10522 Optics 25Gb DAC SFP28SFP28 25011 SFP28SFP28 I Year 5m Passive Copper Direct Warranty Attach Cable 5m 10530 Optics 25Gb AOC SFP28SFP28 25011 SFP28SFP28 I Year lorn Active Optical Cable 10m Warranty Attachment D Page 87 of 471 Page 368 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10531 Optics 25Gb AOC SI P28SFP28 25Gb SI P28SFP28 I Year 20m Active Optical Cable 20m Warranty 10911 Summit EPS500 External AC PSIJ External Power System Limited 03/31/ 500 Watts with cable Lifetime 2022 Warranty with express Advanced Hardware Replacern ent 10916 Summit Summit X650/X480 AN AN module for Summit I Year module X650 and Summit X480 Warranty series switches spare 10917 Summit Summit 450W AC PSIJ FB 450W AC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10918 Summit Summit 450W DC PSIJ FB 450W DC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10923 Summit RPS500p External PoE+ Redundant Limited Power Supply Unit 500 Lifetime Watts with cable Power Warranty cord ordered separately with express Advanced Hardware Replacern ent 10925 Summit Summit 550W AC PSIJ FB 550W AC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10926 Summit Summit 550W DC PSIJ FB 550W DC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10927 Summit Summit 550W AC PSIJ BF 550W AC Power Supply I Year module for Summit Warranty switches BacktoFront airflow 10928 Summit Summit 550W DC PSIJ BF 550W DC Power Supply I Year module for Summit Warranty Attachment D Page 88 of 471 Page 369 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 89 of 471 Page 370 of 1174 switches BacktoFront airflow 10931 Summit Summit 750W PoE AC 750W PoE AC Power Limited PSU Supply Module Lifetime Warranty with express Advanced Hardware Replacern ent 10932 Summit RPS150 xT External Redundant I Year Power Supply Unit 150 Warranty Watts with cable Extended 'remparture Range from 0 to +60 degrees Celsius Power cord ordered separately 10933 Summit Summit 30OW 4-24V/48V 30OW +24V / 48V DC Limited DC PSIJ Power Supply Module for Lifetime the X460 and the E4G400 Warranty p] atform s with express Advanced Hardware Replacern 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 Replacern ent 10936 Summit EPSC2 External Power System I Year Chassis 2. Accepts up to Warranty three Summit 750W AC PoE PSIJ 48V power supplies. Accepts up to 5 EPSCBI-2x7 or up to I EPSCBI-2x9 cables. 10939 Summit EPS Cable 2x7 External Power System I Year Cable (IM with 2x7 pin) Warranty that connects EPS to any Attachment D Page 89 of 471 Page 370 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 90 of 471 Page 371 of 1174 Summit X440 or X450G2 for providing redundant power 10940 Summit EPS Cable 2x9 External Power System I Year 11/01/ (1 -,".PS) Cable (with 2x9 Warranty 2023 pin) that connects EPS to a X250e48p or a X450e48p for providing additional DC power. 10941 Summit Summit I IOOW AC PSIJ 1100 Watt AC PoE Power Limited FB Supply module with Lifetime FronttoBack airflow Warranty with express Advanced Hardware Replacern ent 10942 Summit Summit I IOOW AC PSIJ I IOOW AC Power Supply Limited BF Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10943 Summit Summit 30OW AC PSIJ BF 30OW AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10944 Summit Summit 30OW DC PSIJ BF 30OW DC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent Attachment D Page 90 of 471 Page 371 of 1174 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 Replacern ent 10946 Summit Summit X4600.12 Fan FAN Module for Summit Limited module BF X460G2 Series Switches Lifetime back to front airflow Warranty with express Advanced Hardware Replacern ent 10947 Summit C5 to C14 Converter Power donde for No converting an IEC C5 Warranty lu to IEC C 14 plug 10948 Summit RPS90 External Redundant I Year Power Supply Unit 90 Warranty Watts with cable Power cord ordered separately 10949 Summit Pwr Cord 2.5A01131002 Pwr Cord 2.5A01131002 No IEC320C5 IEC320C5 for China Warranty 10950 E40f E40f DC Pwr Conn Conv E4G DC Power Connector I Year 12/31/ Cable Converter Cable from Warranty 2024 Spin to 4pin (50mm length). It is for connection between E4G20ODC/router (3Pin) and As'rEC AC[DC Adapter Model AD10048P3 (4Pin). 10951 Summit Summit 715W PoE AC 715W AC PoE Power Limited PSIJ FB Supply Module with front Lifetime to back airflow Warranty with express Advanced Hardware Replacern ent Attachment D Page 91 of 471 Page 372 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10952 Summit Summit 715W AC PSIJ BF 715W AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10953 Summit 350W AC PSIJ FB 350W AC Power Supply Limited Module front to back Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10954 Summit 350W AC PSIJ BF 350W AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacern ent 10958 Summit FIDX to FDX Converter External converter for the Limited ROW international market that Lifetime can use a CEIH. 7/1 plug to Warranty connect up to four with halfduplex devices to four express full duplex switch ports. Advanced Does No'r support Hardware PoEpass through. External Replacern power supply and cord ent with CEIH. 7/1 plug included 10959 Summit FIDX 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 No'r support Advanced PoEpass through. External Hardware power supply and cord Attachment D Page 92 of 471 Page 373 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 93 of 471 Page 374 of 1174 with NEMA 115P plug Replacern included ent 10960 Summit PSIJ55Wx40.2,1x3221-mm7 770W AC power supply I Year 70WACFB FronttoBack airflow Warranty 10961 Summit PSIJ55Wx40.2,1x3221-mm7 770W AC power supply I Year 70WACBF BacktoFront airflow Warranty 10962 Summit P S IJ 5 5 Wx40.2'rx3 22 1-m m I I I OOW DC power supply I Year 100WDCFB FronttoBack airflow Warranty 10963 Summit P S IJ 5 5 Wx40.2'rx3 22 1-m m I I I OOW DC power supply I Year IOOWDCBF BacktoFront airflow Warranty 10965 Smart 1,RM/MACsec Adapter ExtremeSwitching I Year OmniEdge [-RM/MACsec Adapter Warranty Switching two SIP + network ports (unpopulated) and two host cables with integrated SI P/SFP+ transceivers for host switch connection 10966 Smart 5 Unit Rack Mount Kit Optional multi unit rack I Year OmniEdge I-RM/MACsec Adapter mount bracket for Warranty Switching [-RM/MACsec Adapter. Holds five units in I RIT 11011 Summit Direct Attach Feature Pack Direct Attach Feature Software Pack for Summit Warranty X450a/X460/X46OG2/X4 80 X650 X670/X67OG2 X770 and BlackDiamond 8800 X Series 12101 Summit ReachNXT 1oo8t 8 10/100BASETR I Limited Gigabit combo ports (I Lifetime unpopulated Gigabit SIP Warranty - and 10/100/1000BASE'r) io Business Day Ship 12102 Summit ReachNXT 1008t AC Optional AC power I 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 I pair of magnets and I I Year Kit metal mounting plate for Warranty placing the ReachNX'r 1008t product underneath a table or on a wall Attachment D Page 93 of 471 Page 374 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15710 Wireless Summit W1 3700 WI -AN Summit W1 3700 WI -AN I Year 06/30/ Controller controller with 4xGl-,". Warranty 2020 Cu/SFP ports NFE management port and Ix serial console port. Hasl CF card slot 2 (TSB slots. Can manage up to 1024 Access Points. AP capacity and feature licenses sold separately. Power cord sold separ ely. 15711 Wireless 16AP Lic for Summit 16 AP capacity license for Software 06/30/ W13700 Summit W13700 Warranty 2020 controller. Shipped as a voucher. 15712 Wireless 64AP Lic for Summit 64 AP capacity license for Software 06/30/ W13700 Summit W13700 Warranty 2020 controller. Shipped as a voucher. 15713 Wireless RTi-s Lic for Summit Real 'rime Location Software 06/30/ WM3700 System (Rri-s) feature Warranty 2020 upgrade license for Summit W13700 controller. Enables the API between the Rri-s engine in controller and 3rd party Rri-s application. 15714 Wireless Summit W1 3600 WI -AN Summit W1 3600 WI -AN I Year 06/30/ Controller controller with Ix GF,". Warranty 2020 Cu/SI P Uplink port 8x GF,". PoE ports 1x FE Mgmt port Ix (TSB 2.0 Host 1x ExpressCard Slot Ix PCIX Ix Serial Port 2 (TSB 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/ W13600 Summit W13600 Warranty 2020 controller. Shipped as a voucher. Attachment D Page 94 of 471 Page 375 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15716 Wireless RTi-s Lic for Summit Real 'rime Location Software 06/30/ WM3600 System (Tubi -s) feature Warranty 2020 upgrade license for Summit W13600 controller. Enables the API between the Rri-s engine in controller and 3rd party Rri-s application. 15717 Wireless Summit W1 3400 WI -AN Summit W1 3400 WI -AN I Year 06/30/ Controller controller with 5xGl-,". Warranty 2020 PoE+ LAN ports IxGl-,". WAN port and Ix serial console port. Includes Ix ExpressCard Slot and Ix (JSB port. Bundled with support for 6 Access Points. Includes universal AC power module. Region specific power cord for power module sold separately. Requires Summit W13000 series software R4.2 or above 15718 Wireless 256 AP Lic for Summit 256 AP capacity license Software 06/30/ W13700 for Summit W13700 Warranty 2020 controller. Shipped as a voucher 15719 Wireless 64 AP Lic for Summit 64 AP capacity upgrade Software 06/30/ W13600 license for Summit Warranty 2020 W13600 controller. Shipped as a voucher with instructions on logging to the Extreme License server and generating the license key 15724 Wireless Altitude 4610US align InAn Altitude 4610 dualradio Limited 06/30/ AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for ITS 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 376 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 96 of 471 Page 377 of 1174 Suitable for wall or below ceiling mount to 'rBars with builtin mounting brackets. 802.3af PoE powered or use a suitable midspan PoE injector 15725 Wireless Altitude 4610ROW abgn Altitude 4610 dualradio Limited 06/30/ InAn AP 802.1 la/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 'rBars with builtin mounting brackets. 802.3af PoE powered or use a suitable midspan PoE injector 15727 Wireless Altitude 4610EIJ abgn Altitude 4610 dualradio Limited 06/30/ InAn AP 802.1 la/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 omnidirect 15730 Wireless Altitude 46201JS abgn Altitude 4620 dualradio Limited 06/30/ ExAn AP 802.1 la/b/g/n indoor Lifetime 2020 Access Point for ITS 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 377 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 97 of 471 Page 378 of 1174 wall or above the ceiling mount with builtin mounting brackets. Comes with a light pipe to display LED activity below the drop down ceiling. IEF,".F,". 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 802.11a/b/ /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. IEF,".F,". 802.3af PoE powered or use a suitable midspan PoE injector 15734 Wireless 3G Lic for Summit 3G feature upgrade Software 06/30/ W13600 license for Summit Warranty 2020 W13600 controller. Enables the operation of an approved 3G card plugged into the express card slot in Summit W13600. Require relevant 3G service from cellular carrier. Approved 3G card for the 3G service to be procured from 3rd party supplier. Attachment D Page 97 of 471 Page 378 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15735 Wireless Altitude 4611 ROW abgn Altitude 4611 singleradio Limited 06/30/ ImAnt 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 W13000 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/ W13600 upgrade license for Warranty 2020 Summit W13600 controller. Enables Role Based Firewall Configuration and increases number of IPSEC VPN tunnels from 100 to 1024. Shipped as a voucher. 15737 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ W13700 upgrade license for Warranty 2020 Summit W13700 controller. Enables Role Based Firewall Configuration and increases number of IPSEC 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 W13400 controller and the power module to a 19 rack. Optional accessory 15749 Wireless Altitude 4621 ROW 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 379 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 99 of 471 Page 380 of 1174 10/100/1000 PoE port. Plenum rated. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15750 WiNG Altitude 4710EIJ 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 C11Hh, data portsG1-,".1 is a PoE port C11H.2 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 W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . 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 C11Hh, data portsG1-,".1 is a PoE port C11H.2 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 W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external Attachment D Page 99 of 471 Page 380 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 100 of 471 Page 381 of 1174 power supply or PoE i nj 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 portsGE".1 is a PoE port GE".2 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 W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . 15753 WiNG Altitude 47501JS abgn Altitude 4750 triradio Limited 06/30/ Wireless 'rri Radi o 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the US regulatory domain. Wing 'rhird radio functions as a sensor only. Includes an RJ45 console port and 2x CIE", data p o rt s GE". I is a PoE port GE".2 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 W13000 series controllers. Powered by Attachment D Page 100 of 471 Page 381 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 101 of 471 Page 382 of 1174 802.3af/at PoE or by use of an optional external power supply or PoE i nj ector. 15754 Wireless Altitude 4750ROW abgn Altitude 4750 triradio Limited 06/30/ 'rri Radi o 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the Rest of World Wing regulatory domainexcluding Israel. 'rhird radio functions as a sensor only. Includes an RJ45 console port and 2x CIE", data p o rt s GE". I is a PoE port GE".2 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 W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . 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 C11 -1z bands. 15757 Wireless Altitude 4611 U S abgn Altitude 4611 singleradio Limited 06/30/ IntAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the ITS Warranty regulatory domain. Wing Includes an internal Attachment D Page 101 of 471 Page 382 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 102 of 471 Page 383 of 1174 omnidirectional antenna and Ix 10/100/1000 PoE port. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15758 Wireless Altitude 4621 U S abgn Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the ITS Warranty regulatory domain. Wing Includes 3x detachable external omnidirectional paddle antennas and Ix 10/100/1000 PoE port. Plenum rated. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15759 Wireless Altitude 4750EIJ abgn Altitude 4750 triradio Limited 06/30/ 'rri Radi o 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the European Union Wing regulatory domain. 'rhird radio functions as a sensor only. Includes an RJ45 console port and 2x C11H. data portsG1-,".1 is a PoE port C11H.2 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 W13000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE in' ecto . Attachment D Page 102 of 471 Page 383 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15760 Wireless Altitude 461 IEIJ abgn Altitude 4611 singleradio Limited 06/30/ ImAnt 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 Replacern port. Managed by Summit ent W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15761 WiNG AP4511 Wallplate AP ITS Altitude AP4511 Single Limited 06/30/ Wireless radia 802.11a/b/ /n Wal I 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 802.11a/b/ /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 AP4532i int ant ITS Altitude AP4532i 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 ITS 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 384 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 104 of 471 Page 385 of 1174 installations for sale Warranty worldwide Wing 15770 Wireless Altitude 4621EIJ align 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 Replacern 10/100/1000 PoE port. ent Plenum rated. Managed by Summit W13000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15771 Wireless Summit W1 3411 US Summit W1 3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 ab n radios. For the US Regulatory Domain 15772 Wireless Summit W13411 WW Summit W13411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 ab n radios. For the Rest of World Regul tory Domain. 15774 Wireless Facade Antenna for 30 MiMo Facade I Year 06/30/ WM3411 Antenna for the Summit Warranty 2020 W13411 Wireless Controller 15776 Wireless Altitude 4620EIJ abgn Altitude 4620 dualradio Limited 06/30/ ExAn AP 802.11a/b/ /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 385 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15777 Wireless Tbar AP Mount Bracket Wireless Mounting I Year 06/30/ IPC Bracket for ceiling 'rbar Warranty 2020 mount for 46xx 47xx Access Points I Pack 15778 Wireless 6AP fic upgrade 6 Wireless AP license Software 06/30/ WM34003411 upgrade for the Summit Warranty 2020 W13411 W13400 15779 Wireless Adv WIPS for Advanced WIPS upgrade Software 06/30/ WM34003411 for Summit Warranty 2020 W1 340OW1 3411 15780 Wireless Adv WIPS license for Advanced WIPS upgrade Software 06/30/ W13600 for W13600 Warranty 2020 15781 Wireless Adv WIPS license for Advanced WIPS upgrade Software 06/30/ W13700 for W13700 Warranty 2020 1 15782 WiNG AP4511 Wallplate AP EU Altitude AP4511 Single Limited 06/30/ Wireless radio 802.11a/h/ /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 ulatory domain. 15783 Wireless AP4021i int ant ITS Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for ITS 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' ecto . 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 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' ecto . Attachment D Page 105 of 471 Page 386 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15785 Wireless AP402 I e ext ant ITS Altitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for ITS 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 injecto . 15787 Wireless Mbar AP Mount Bracket Wireless Mounting I Year 06/30/ IOPC Bracket for ceiling 'roar Warranty 2020 mount for 46xx 47xx Access Points rl-.N 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 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 in' ector. 15789 Wireless AP4521i int ant ITS 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' ecto . 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 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at Attachment D Page 106 of 471 Page 387 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 107 of 471 Page 388 of 1174 PoE or by use of a PoE i nj ector. 15791 Wireless AP4521e ext ant US Altitude AP452 I e 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 i nj ector. 15793 Wireless AP452 I e ext ant ROW Altitude AP452 I e 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 in' ector. 15794 Wireless AP4762 outdoor ITS Altitude AP4762 I Year 06/30/ dualradio Independent Warranty 2020 Outdoor Access Point for ITS regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in' 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 802.11a/b/g/n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in' ector. Attachment D Page 107 of 471 Page 388 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15796 Wireless AP4763 outdoor ITS Altitude AP4763 triradio I Year 06/30/ Independent Outdoor Warranty 2020 Access Point for ITS regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE injecto . 15797 Wireless Summit W1 3411 EU Summit W1 3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 ab n 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 20 MIMOintegrated internal omnidirectional antennas Powered by 802.3af/at P 0 1"". 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 20 MIMO. External antennas not includedmust order separately up to 6 paddle antennas. Powered by 802.3af/at PoE. 15804 Wireless AP4021i 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 389 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 109 of 471 Page 390 of 1174 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 AP4521i 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 AP452 I e 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 30 MIMO. External antennas. Powered by 802.3at 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 390 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 110 of 471 Page 391 of 1174 Access Point for European Union regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3at 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 Pot",. 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 391 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15830 Wireless 1024 AP Lic for W1 395X 128 AP capacity license Software 06/30/ Cntrlr for W1395X family of Warranty 2020 controllers. 15831 Wireless AdvSecurity Lic for Advanced Security feature Software 06/30/ W1395X upgrade license for Warranty 2020 W1395X family of controllers. Enables Role Based Firewall Configuration. 15850 Wireless AP4532i int ant IL Altitude AP4532i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Israel regulatory domain Wing 802.11 a/b/g/n 20 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at PoE or by use of a PoE injecto . 15910 Wireless AP4763 outdoor ROW Altitude AP4763 triradio I Year 06/30/ Independent Outdoor Warranty 2020 Access Point for Rest of World regulatory domain 802.11a/b/ /n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE in' ecto . 15911 WING AP4022i int ant ITS 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' ecto . 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 802.11 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas. Powered by 802.3af/at Attachment D Page 111 of 471 Page 392 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 112 of 471 Page 393 of 1174 PoE or by use of a PoE i nj 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 i nj 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 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 in' ector. 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 Pot",. 15994 Wireless AP4522i int ant ROW Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.11 a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 802.3af/at Pot",. Attachment D Page 112 of 471 Page 393 of 1174 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 802.11 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 Summit tack Stacking Limited cable 5.OM (not supported Lifetime for Uni Stack) Warranty with express Advanced Hardware Replacern ent 16106 Summit Stacking Cable 0.51 SummitStackAJni Stack I Year Stacking cable 0.51 Warranty 16107 Summit Stacking Cable 1.51 SummitStackAJni Stack I Year Stacking cable 1.51 Warranty 16108 Summit Stacking Cable 3.OM SummitStackAJni Stack Limited Stacking cable 3.OM Lifetime Warranty with express Advanced Hardware Replacern 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 394 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 114 of 471 Page 395 of 1174 express Advanced Hardware Replacern ent 16119 Summit XCIM3S2xf/module 2 x I OGbE XFP port I Year 03/01/ interface module rear Warranty 2024 pluggable in Slot A on X460 and E401400 platforms supporting SummitStackV (and Synch, when used with E401400) 16120 Summit XCIM3SB4sf/module 4 x I OGbE SI P+ ports I Year 03/01/ rear p] uggabl e in Slot B Warranty 2024 on X460 and E401400 platforms (supporting Synch, when used with E401400) 16125 Summit SX460 Network griming ExtremeXOS Network Software 12/31/ Feature Pck 'riming Feature Pack for Warranty 2022 Summit X460 Series Switches 16126 Summit XCIM3S2sf/module 2 x lOGbE SFP+ port I Year 03/01/ interface module rear Warranty 2024 pluggable in Slot A on X460 and E401400 platforms supporting SummitStackV (and Synch, when used with E401400) 16127 E4G E4GB16TIEI/module 2 x MRJ21 ports for 16 1 Year 06/30/ pseudowire Warranty 2023 emulation 2 x SMA port for synchronization input/output rear lu le in Slot B 16169 Summit SX450G2 ExtremeXOS Audio Software Multimedia(AVB) Pck Video Bridging Feature Warranty Pack for Summit X4500.12 series switches 16172 Summit X450G224tGE".4Base Summit X450G2 24 Limited 10/100/1000BASE'r 4 Lifetime IOOOBASEX unpopulated Warranty SFP two 210I1 stacking with orfs 1 Fixed AC PSIJ I express Attachment D Page 114 of 471 Page 395 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 115 of 471 Page 396 of 1174 RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacern license ent-2 16173 Summit X450G224pGE4Base Summit X450G2 24 Limited 10/100/1000BASE'r Lifetime POE + 4 IOOOBASEX Warranty unpopulated SIP two with 21CIb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacern ExtremeXOS Edge ent-2 license 16174 Summit X450G248tGI-,".4Base Summit X450G2 48 Limited 10/100/1000BASE'r 4 Lifetime IOOOBASEX unpopulated Warranty SIP two 21CIb stacking with ports (QSFP) I Fixed AC express PSIJ I RPS port fan Advanced module slot (unpopulated) Hardware ExtremeXOS Edge Replacern license w Policy ent-2 16175 Summit X450G248pGE4Base Summit X450G2 48 Limited 10/100/1000BASE'r Lifetime POE + 4 IOOOBASEX Warranty unpopulated SIP two with 21CIb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacern ExtremeXOS Edge ent-2 license 16176 Summit X450G224tIOCIF,".4Base Summit X450G2 24 Limited 10/100/1000BASE'r 4 Lifetime IOC113ASEX unpopulated Warranty SI P+ two 21CIb stacking with ports I Fixed AC PSIJ I express RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacern license ent-2 16177 Summit X450G224pIOGE4Base Summit X450G2 24 Limited 10/100/1000BASE'r Lifetime POE + 4 IOC113ASEX Warranty unpopulated SI P+ two with Attachment D Page 115 of 471 Page 396 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 116 of 471 Page 397 of 1174 21CIb stacking ports) 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16178 Summit X450G248tIOGI-,".4Base Summit X450G2 48 Limited 10/100/1000BASE'r 4 Lifetime IOC113ASEX unpopulated Warranty SIP + two 21CIb stacking with ports I Fixed AC PSIJ I express RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacem license ent-2 16179 Summit X450G248pIOGE4Base Summit X450G2 48 Limited 10/100/1000BASE'r Lifetime POE + 4 IOC113ASEX Warranty unpopulated SI P+ two with 21CIb 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 ExtremeSwitching X450G2 series switches 16192 Summit X450G2 Core Lic from ExtremeXOS Advanced Software Adv Edge Core License upgrade Warranty from Advanced Edge License for ExtremeSwitching X450G2 series switches 16200 Summit SX450G2 Openflow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X450G2 series switches 16220 E4G E4G'rDM BreakOut Cable TDM connectivity I Year 06/30/ breakout cable that Warranty 2023 Attachment D Page 116 of 471 Page 397 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 117 of 471 Page 398 of 1174 provides I x MRJ21 to 8 x RJ48c for use with 'rDM modules using MRJ21 connectors 16301 Summit Summit X48048t 48 10/100/1 OOOBASET 4 1 Year 07/15/ 100/1000BASEX Warranty 2025 unpopulated SFP (shared) No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 16303 Summit Summit X48024x 24 100/1000BASEX I Year 07/15/ unpopulated SFP 12 Warranty 2025 10/100/1000BASE'r (shared) 2 unpopulated XFP ports No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 16304 Summit Summit X48048x 48 100/1000BASEX I Year 07/15/ unpopulated SFP No PSIJ Warranty 2025 with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 16311 Summit VIM2SummitStack VI12SummitStack 2 1 Year 07/15/ SummitStack stacking Warranty 2025 ports 16312 Summit VI1 21OG4X VI1 21OG4X 4 1 Year 07/15/ I OC113ASEX XFP ports Warranty 2025 16313 Summit VI12SummitStackI28 VI12SummitStackI28 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 1 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 Open glow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for Summit X480 series switches Attachment D Page 117 of 471 Page 398 of 1174 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 SIP (4 24 Warranty 10/100/1000BASE'r 8 with 100/1000BASEX express unpopulated SIP (4 SIP Advanced ports shared with Hardware 10/100/1000BASE'r Replacern ports) XCIM3 slot ent Stacking module slot 30OW AC PSIJ with one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 16402 Summit Summit X46048t 48 10/100/1 OOOBASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP XGM3 Warranty slot Stacking module slot with 30OW AC PSIJ with one express unpopulated PSIJ slot Fan Advanced Module ExtremeXOS Hardware Edge License Replacern ent 16403 Summit Summit X46024p 24 10/100/1000BASET Limited 06/30/ PoEplus 8 Lifetime 2022 100/1000BASEX Warranty unpopulated SIP (4 SIP with ports shared with express 10/100/1000BASE'r Advanced ports) XCIM3 slot Hardware Stacking module slot Replacern 750W AC PoE PSIJ with ent one unpopulated PSIJ 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 SIP XGM3 with slot Stacking module slot express 750W AC PoE PSIJ with Advanced one unpopulated PSIJ slot Hardware Fan Module ExtremeXOS Replacern Edge License ent Attachment D Page 118 of 471 Page 399 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16405 Summit Summit X46024x 24 100/1000BASEX Limited 06/30/ unpopulated SIP 8 Lifetime 2022 10/100/1000BASE-r (4 Warranty 10/100/1000BASE'r ports with shared with SIP ports) express XCIM3 slot Stacking Advanced module slot 30OW AC Hardware PSIJ with one Replacern unpopulated PSIJ slot Fan ent Module ExtremeXOS Edge License 16406 Summit Summit X46048x 48 100/1000BASEX Limited 06/30/ unpopulated SIP XGM3 Lifetime 2022 slot Stacking module slot Warranty 30OW AC PSIJ with one with unpopulated PSIJ slot Fan express Module ExtremeXOS Advanced Edge License Hardware Replacern ent 16407 Summit Summit X46024tDC 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP (4 24 Warranty 10/100/1000BASE'r 8 with 100/1000BASEX express unpopulated SIP (4 SIP Advanced ports shared with Hardware 10/100/1000BASE'r Replacern ports) XCIM3 slot ent Stacking module slot 30OW DC PSIJ with one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 16408 Summit Summit X46048tDC 48 10/100/1 OOOBASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 30OW DC PSIJ with one express unpopulated PSIJ slot Fan Advanced Module ExtremeXOS Hardware Edge License Replacern ent Attachment D Page 119 of 471 Page 400 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16409 Summit Summit X46024xDC 24 100/1000BASEX Limited 06/30/ unpopulated SIP 8 Lifetime 2022 10/100/1000BASE-r (4 Warranty 10/100/1000BASE'r ports with shared with SIP ports) express X01M3 slot Stacking Advanced module slot 30OW DC Hardware PSIJ with one Replacern unpopulated PSIJ slot Fan ent Module ExtremeXOS Edge License 16410 Summit Summit X46048xDC 48 100/1000BASEX Limited 06/30/ unpopulated SIP X01M3 Lifetime 2022 slot Stacking module slot Warranty 30OW DC PSIJ with one with unpopulated PSIJ slot Fan express Module ExtremeXOS Advanced Edge License Hardware Replacern ent 16419 Summit SummitStack Module SummitStack Module for Limited 12/31/ Summit X460 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent 16420 Summit SummitStackV80 Module SummitStackV80 Module Limited 12/31/ for Summit X460 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent 16421 Summit Advanced Edge Lie ExtremeXOS Advanced Software X460/012 Edge License for Summit Warranty X460 X4600.12 Series Switches 16422 Summit Core Lie from Edge Lie ExtremeXOS Advanced Software X460/01 Core License upgrade Warranty from Edge License for Attachment D Page 120 of 471 Page 401 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 121 of 471 Page 402 of 1174 Summit X460 X4600.12 Series Switches 16423 Summit Core Lie from Adv Edge ExtremeXOS Advanced Software X460/01 Core License upgrade Warranty from Advanced Edge License for Summit X460 X460012 series switches 16424 Summit MPLS Feature Pack ExtremeXOS MPLS Software X460/012 Feature Pack for Summit Warranty X460 X4600.12 Series Switches 16425 Summit Open glow FeaturePack ExtremeXOS SDN Software X460/012 Open glow Feature Pack Warranty for Summit X460 X4600.12 series switches 16426 Summit Multimedia(AVB) Pck ExtremeXOS Audio Software X460/012 Video Bridging Feature Warranty Pack for Summit X460 X4600.12 series switches 16431 E40I E40I400AC/router 24 x 10/100/1000BASET I Year 06/30/ 8 x 100/1000BASEX Warranty 2023 unpopulated SIP (4 SI P ports shared with 10/100/1000BASE'r ports)Rear Slot A Rear Slot B with AC Power Supply Fan module 16432 E40I E40I40ODC/router 24 x 10/100/1000BASET I Year 06/30/ 8 x 100/1000BASEX Warranty 2023 unpopulated SIP (4 SI P ports shared with 10/100/1000BASE'r ports)Rear Slot A Rear Slot B with DC Power Supply Fan module 16440 E40I E40I20012xDC/router 12 x 100/1000BASEX I Year 06/30/ unpopulated SIP one Warranty 2023 front I/O slot one front Sync slot one internal DC PSIJ with two inputs 16441 E40I E40I20ODC/router 8 x 10/100/1000BASET 4 1 Year 06/30/ x 100/1000BASEX Warranty 2023 unpopulated SIP one front I/O slot one front Sync slot one internal DC PSIJ with two inputs Attachment D Page 121 of 471 Page 402 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16442 E4G E4G r`I 6T IE I/modul e 16 x RJ45 port front I Year 06/30/ plugin module supporting Warranty 2023 pseudowire emulation of 16 r 11h,1 16444 E4G E4GCI-K/module 2 x SMA port front plugin I Year 06/30/ module supporting BIrs Warranty 2023 1588v2 Synch, and rDM Line timing 16490 E4G E4G200 Ntwrk Ti mi ng ExtremeXOS Network Software 06/30/ 1588 PrP 'riming Feature Pack for Warranty 2023 E4G200 that enables 1588v2 PrP (Precision 'rime 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 MPDS 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 MPDS feature pack 16495 E4G E4G400 Ntwrk Ti mi ng ExtremeXOS Network Software 06/30/ 1588 PrP 'riming Feature Pack for Warranty 2023 E4G400 that enables 1588v2 PrP (Precision 'rime 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 BDX83rd Party Optics ExtremeXOS 3rd Party No 12/31/ License Optics (4001 and I OOG) Warranty 2024 FeaturePack for BDX8 16498 BD 8K BD88003rd Party Optics ExtremeXOS 3rd Party No 12/31/ License Optics (4001 and I OOG) Warranty 2024 FeaturePack for BD8800 16499 Summit Summit 670V3rd Party ExtremeXOS 3rd Party No Optics Lic Optics (4001 and I OOG) Warranty FeaturePack for Summit 670 Attachment D Page 122 of 471 Page 403 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16501 Summit Summit X4408t 8 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP SummitStack Warranty Stacking ports I AC PSIJ with ExtremeXOS Edge express license Advanced Hardware Replacern ent 16502 Summit Summit X4408p 8 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP Warranty SummitStack Stacking with ports I AC PSIJ express ExtremeXOS Edge Advanced license Hardware Replacern ent 16503 Summit Summit X44024t 24 10/100/1000BASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) SummitStack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16504 Summit Summit X44024p 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) SummitStack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 16505 Summit Summit X44048t 48 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) SummitStack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent Attachment D Page 123 of 471 Page 404 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16506 Summit Summit X44048p 48 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASE'r express ports) Summit tack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 16507 Summit Summit X44024tI0G 24 10/100/1000BASE'r 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 I0C113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16508 Summit Summit X44024p I OG 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 I0C113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 16509 Summit Summit X44048tI0G 48 10/100/1000BASET 2 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (2 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 I0C113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16510 Summit Summit X44048p I OG 48 10/100/1000BASET Limited 03/31/ PoEplus 2 IOOOBASEX Lifetime 2022 unpopulated SIP (2 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 I0C113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Attachment D Page 124 of 471 Page 405 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 125 of 471 Page 406 of 1174 license connector for Replacern external power supply ent 16513 Summit Summit X44024x 24 100/1000BASEX SIP Limited 03/31/ ports 4 gigabit combo Lifetime 2022 ports (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16514 Summit Summit X44024xIOG 24 100/1000BASEX SIP Limited 03/31/ ports 4 gigabit combo Lifetime 2022 ports (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 IOC113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 16515 Summit Summit X4308p 8 10/100/1000BASET Limited 09/30/ PoE+ 2 IOOOBASEX Lifetime 2023 unpopulated SIP I AC Warranty PSIJ ExtremeXOS 1-2 with Edge license express Advanced Hardware Replacern ent 16516 Summit Summit X43024t 24 10/100/1000BASET 4 Limited 09/30/ IOOOBASEX unpopulated Lifetime 2023 SIP I AC PSIJ Warranty ExtremeXOS 1-2 Edge with license express Advanced Hardware Replacern ent 16517 Summit Summit X43024p 24 10/100/1000BASET Limited 09/30/ PoE+ 4 IOOOBASEX Lifetime 2023 unpopulated SIP I AC Warranty PSIJ ExtremeXOS 1-2 with Edge license express Advanced Attachment D Page 125 of 471 Page 406 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 126 of 471 Page 407 of 1174 Hardware Replacern ent 16518 Summit Summit X43048t 48 10/100/1 OOOBASET 4 Limited 09/30/ IOOOBASEX unpopulated Lifetime 2023 SFP I AC PSIJ Warranty ExtremeXOS 1-2 Edge with license express Advanced Hardware Replacern ent 16519 Summit Summit X44024tDC 24 10/100/1000BASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I DC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply. ent 16520 Summit Summit X44048tDC 48 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I DC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern 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 Open glow 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 407 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 127 of 471 Page 408 of 1174 of 100 active streams on no more than eight ports 16525 Summit Summit X4308p Mounting Rack Mounting it for I Year 09/30/ Kit Summit X4308p Switch Warranty 2023 16530 Summit X440G212t I OCII-,",4 X440G2 12 Limited 10/100/1000BASE'r 4 Lifetime lGbE unpopulated SIP Warranty upgradable to I OGbE with SFP+ I Fixed AC PSIJ I express RPS port ExtremeXOS Advanced Edge license Hardware Replacern ent-2 16531 Summit X440G212p I OCII-,",4 X440G2 12 Limited 10/100/1000BASE'r Lifetime POET 4 1 GbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16532 Summit X440G224t I OCII-,",4 X440G2 24 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16533 Summit X440G224p I OCII-,",4 X440G2 24 Limited 10/100/1000BASE'r Lifetime POE 4 SIP combo 4 Warranty lGbE unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16534 Summit X440G248t I OCII-,",4 X440G24800CIIH.4 long Limited description X440G2 48 Lifetime 10/100/1000BASE'r 4 Warranty SIP combo 4 lGbE with unpopulated SIP express upgradable to I OGbE Advanced Attachment D Page 127 of 471 Page 408 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 128 of 471 Page 409 of 1174 SFP+ (2 combo/2 Hardware noncombo) 2 lGbE Replacern copper combo upgradable ent-2 to lOGbE I Fixed AC PSIJ I RPS port ExtremeXOS Edge license 16535 Summit X44001248p I OCII-,",4 X4400.12 48 Limited 10/100/1000BASE'r Lifetime POE + 4 1 GbE Warranty unpopulated SIP with upgradable to I OGbE express SI P+ (2 combo/2 Advanced noncombo) 2 lGbE Hardware copper combo upgradable Replacern to lOGbE I Fixed AC ent-2 PSIJ I RPS port ExtremeXOS Edge license 16536 Summit X44001224tIO0!I-,".4DC X4400.12 24 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SI P+ I Fixed DC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license Replacern ent-2 16537 Summit X44001248tIO0!I-,".4DC X4400.12 48 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SI P+ (2 combo/2 Advanced noncombo) 2 lGbE Hardware copper combo upgradable Replacern to lOGbE I Fixed DC ent-2 PSIJ I RPS port ExtremeXOS Edge license 16538 Summit X44001224xIO0E4 X4400.12 24 unpopulated Limited IOOOBASEX SIP (4 Lifetime combo) 4 10/100/1000 Warranty combo 4 1 GbE with unpopulated SIP express upgradabl e to I OGbE Advanced Attachment D Page 128 of 471 Page 409 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 129 of 471 Page 410 of 1174 SFP+ I Fixed AC PSIJ I Hardware RPS port ExtremeXOS Replacern Edge license ent-2 16539 Summit X44001224fx011-,".4 X4400.12 24 fixed Limited IOOBASI-,".F,X LC Lifetime connectors 4 I0113ASEX Warranty unpopulated SIP I Fixed with AC PSIJ I RPS port express ExtremeXOS Edge Advanced license OC to 60C Hardware operation Replacern ent-2 16540 Summit X44001212t8fx0l1-,".4 X4400.1212 Limited 10/100/1000BASE'r plus iifetime 8 fixed IOOBASI-,".FX LC Warranty connectors 4 I0113ASEX with unpopulated SIP I Fixed express AC PSIJ I RPS port Advanced ExtremeXOS Edge Hardware license OC to 60C Replacern operation ent-2 16541 Summit X44001224t0 E4 X4400.12 24 fixed Limited 10/100/100013ASE'rX 4 Lifetime I0113ASEX unpopulated Warranty SIP I Fixed AC PSIJ I with RPS port ExtremeXOS express Edge license OC to 60C Advanced operation Hardware Replacern ent-2 16542 Summit Dual lOGbE Upgrade License that converts the Software License two nonstack lGbE SIP Warranty ports to be I OGbE SI P+ 16543 Summit Quad lOGbE Upgrade License that converts four Software License I0 bE SFP ports to be Warranty lOGbE SI P+ 16546 Summit Quad I OGbE Li c from Dual License that upgrades an Software I OGbE Lic already licensed Dual Warranty I OGbE switch to a Quad I OGbE switch 16560 FastPath 22012t1OCHH2 220Series 12 port Limited Switches 10/100/1000BASE'r 2 Lifetime lOGbE unpopulated SFP+ Warranty ports I Fixed AC PSIJ 1-2 with Switching with RIP and Express Static Routes I Advanced Attachment D Page 129 of 471 Page 410 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 130 of 471 Page 411 of 1174 countryspecific power Hardware cord Replacern ent - B 16561 FastPath 22012p I OGF",2 220Series 12 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 10GbE Warranty unpopulated SI P+ ports I with Fixed AC PSIJ 1-2 Express Switching with RIP and Advanced Static Routes I Hardware countryspecific power Replacern cord ent- B 16562 FastPath 22024t I OGF",2 220Series 24 port Limited Switches 10/100/1000BASE'r 2 Lifetime lOGbE unpopulated SFP+ Warranty ports I Fixed AC PSIJ I with RPS port 1-2 Switching Express with RIP and Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16563 FastPath 22024p I OCHH2 220Series 24 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 10GbE Warranty unpopulated SI P+ ports I with Fixed AC PSIJ I RPS port Express 1-2 Switching with RIP Advanced and Static Routes I Hardware countryspecific power Replacern cord ent- B 16564 FastPath 22048t I OCII-,",4 220Series 48 port Limited Switches 10/100/1000BASE'r 4 Lifetime lOGbE unpopulated SFP+ Warranty ports (2 LRM Capable) I with Fixed AC PSIJ I RPS port Express 1-2 Switching with RIP Advanced and Static Routes I Hardware countryspecific power Replacern cord ent- B 16565 FastPath 22048p I OCII-,",4 220Series 48 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 4 10GbE Warranty unpopulated SI P+ ports with (2 LRM Capable) I Fixed Express AC PSIJ I RPS port 1-2 Advanced Switching with RIP and Hardware Attachment D Page 130 of 471 Page 411 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 131 of 471 Page 412 of 1174 Static Routes I Replacern countryspecific power ent - B cord 16566 FastPath 21012tGF",2 21OSeries 12 port Limited Switches 10/100/1000BASE'r 2 Lifetime IGbE unpopulated SIT- Warranty ports I Fixed AC PSIJ 1-2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Replacern ent - B 16567 FastPath 21012pGF",2 21OSeries 12 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 1 GbE Warranty unpopulated SIP ports I with Fixed AC PSIJ 1-2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16568 FastPath 21024tC1I-,",2 21OSeries 24 port Limited Switches 10/100/1000BASE'r 2 Lifetime IGbE unpopulated SIP Warranty ports I Fixed AC PSIJ 1-2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Replacern ent - B 16569 FastPath 21024pGI-,",2 21OSeries 24 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 2 1 GbE Warranty unpopulated SIP ports I with Fixed AC PSIJ 1-2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacern ent - B 16570 FastPath 21048tGI-,",4 21OSeries 48 port Limited Switches 10/100/1000BASE'r 4 Lifetime IGbE unpopulated SIP Warranty ports I Fixed AC PSIJ 1-2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Attachment D Page 131 of 471 Page 412 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 132 of 471 Page 413 of 1174 Replacern ent - B 16571 FastPath 21048pGF",4 210Series 48 port Limited Switches 10/100/1000BASE'r Lifetime PoE+ 4 1 GbE Warranty unpopulated SIP ports I with Fixed AC PSIJ 1-2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacern 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 Replacern 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 Replacern ent - B 16701 Summit X460G224t1OC!F".4Base Summit X460G2 24 Limited 10/100/1000BASE'r 8 Lifetime 100/1000BASEX unpopd Warranty SIP (4 SIP ports shared) with 4 1000/10CI13aseX unpopd express SFP+ ports Rear VIM Slot Advanced (unpopd) Rear,riming Hardware Slot (unpopd) 2 unpopd Replacern PSIJ 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 413 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16702 Summit X460G248t1OGIH.413ase Summit X4600.12 48 Limited 10/100/1000BASE'r 4 Lifetime 1000/100I13aseX unpopd Warranty SFP+ ports Rear VIM Slot with (unpopd) hear aiming express Slot (unpopd) 2 unpopd Advanced PSIJ slots fan module slot Hardware (unpopd) ExtremeXOS Replacern Advanced Edge license ent-2 with EXOS Release 22.1 or greater 16703 Summit X460G224p1OGE4Base Summit X460012 24 Limited 10/100/1000BASE'r Lifetime PoE+ 8 100/1000BASEX Warranty unpopd SIP (4 SIP ports with shared) 4 express 1000/100I13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rearriming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16704 Summit X460G248p1OGE4Base Summit X460G2 48 Limited 10/100/1000BASE'r Lifetime PoE+ 4 1000/10CI13aseX Warranty unpopd SI P+ ports Rear with VIM Slot (unpopd) Rear express 'riming Slot (unpopd) 2 Advanced unpopd PSIJ slots fan Hardware module slot (unpopd) Replacern ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16705 Summit X460G224x1OGE4Base Summit X4600.12 24 Limited 100/1000BASEX unpopd Lifetime SIP 8 Warranty 10/100/1000BASEr (4 with ports shared) 4 express 1000/100I13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rearriming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Attachment D Page 133 of 471 Page 414 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 134 of 471 Page 415 of 1174 Advanced Edge license with EXOS Release 22.1 or greater 16706 Summit X46001248x10GE4Base Summit X4600.12 48 Limited 100/1000BASEX unpopd Lifetime SFP 4 1000/10GBaseX Warranty unpopd SI P+ ports Rear with VIM Slot (unpopd) Rear express 'riming Slot (unpopd) 2 Advanced unpopd PSIJ slots fan Hardware module slot (unpopd) Replacern ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16710 Summit Summit X4600.12 VIM2q Optional Virtual Interface Limited Module for the rear of the Lifetime X4600.12 providing 2 Warranty 40C113ASEX ports with unpopulated QSFP+ express Advanced Hardware Replacern ent-2 16711 Summit Summit X4600.12 VIM2x Optional Virtual Interface Limited Module for the rear of the Lifetime X4600.12 providing 2 Warranty I OC113ASEX ports with unpopulated SI P+ express Advanced Hardware Replacern ent-2 16712 Summit Summit X4600.12 VIM2t Optional Virtual Interface Limited Module for the rear of the Lifetime X4600.12 providing 2 Warranty I OGBASE'r ports with express Advanced Hardware Replacern ent-2 16713 Summit Summit X4600.12 VIM2ss Optional Virtual Interface Limited Module for the rear of the Lifetime Warranty Attachment D Page 134 of 471 Page 415 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 135 of 471 Page 416 of 1174 X4600.12 providing 2 ports with of Extremes Summit tack express Advanced Hardware Replacern ent-2 16714 Summit TIMING si-6T GND[AJG Modular Grounding Lug No Card for the X4600.12 that Warranty utilizes the 'riming Module slot (note that adding the grounding lug excludes use of the 16715 'riming Module) 16715 Summit Summit X4600.12,rmcl-K Optional 'riming Module Limited for the rear of the X4600.12 Lifetime providing the hardware Warranty for SyncE and 1588 Prp with clocking with 2 ports of express miniBNC connectors for Advanced clocking outputs Hardware Replacern ent-2 16716 Summit X46001224t01F,".413ase Summit X4600.12 24 Limited 10/100/1000BASE'r 8 Lifetime 100/1000BASEX unpopd Warranty SFP (4 SFP ports shared) with 4 IC113ASEX unpopd SIP express Rear VIM Slot (unpopd) Advanced hear aiming Slot Hardware (unpopd) 2 unpopd PSIJ Replacern slots fan module slot ent-2 (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16717 Summit X46001248t011-,".4Base Summit X4600.12 48 Limited 10/100/1000BASE'r 4 Lifetime IC113ASEX unpopd SIP Warranty Rear VIM Slot (unpopd) with hear aiming Slot express (unpopd) 2 unpopd PSIJ Advanced slots fan module slot Hardware (unpopd) ExtremeXOS Replacern Advanced Edge license ent-2 with EXOS Release 22.1 or greater Attachment D Page 135 of 471 Page 416 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16718 Summit X460G224pGE4Base Summit X460012 24 Limited 10/100/1000BASE'r Lifetime PoE+ 8 100/1000BASEX Warranty unpopd SIP (4 SIP ports with shared) 4 IC113ASEX express unpopd SIP Rear VIM Advanced Slot (unpopd) Rear Hardware 'riming Slot (unpopd) 2 Replacern unpopd PSIJ slots fan ent-2 module slot (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16719 Summit X460G248pGE4Base Summit X4600.12 48 Limited 10/100/1000BASE'r Lifetime PoE+ 4 IC113ASEX Warranty unpopd SIP Rear VIM with Slot (unpopd) Rear express 'riming Slot (unpopd) 2 Advanced unpopd PSIJ slots fan Hardware module slot (unpopd) Replacern ExtremeXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16720 Summit X460G216mp32p10011-,".4 16 100Mb/1.0/2.5 GbE Limited PoEplus 32 Lifetime 10/100/1000BASE'r Warranty PoEplus 4 with 1000/10CI13aseX express unpopulated SI P+ ports Advanced Rear VIM Slot (unpopd) Hardware hear aiming Slot Replacern (unpopd) 2 unpopulated ent-2 PSIJ slots fan module slot (unpopd) EXOS Advanced Edge license with p ficy 16755 Summit Summit X4600.12 Ntwrk ExtremeXOS Network Software 'riming 1588 'riming Feature Pack for Warranty Summit X4600.12 that enables 1588v2 PrP (Precision 'rime Protocol) Boundary Clock Attachment D Page 136 of 471 Page 417 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16756 Summit X460G224p24hp I OGE413as X4600.12 24 Limited e 10/100/1000BASE'r full iifetime duplex PoE+ 24 Warranty 10/100/1000BASE'r with full/half duplex PoE+ 4 express 1000/10CI13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear,riming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ slots fan module slot (unpopd) ExtremeXOS Advanced Edge 16757 Summit X460G224t24ht10011-,".4Base X4600.12 24 Limited 10/100/1000BASE'r full iifetime duplex 24 Warranty 10/100/1000BASE'r with full/half duplex 4 express 1000/10CI13aseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear,riming Replacern Slot (unpopd) 2 unpopd ent-2 PSIJ 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 X4600.12 and Summit 17 or deeper switches 16777 Summit Four Piece Rack Mount it Four Piece Rack Mount No Spare Kit Spare. Compatible Warranty with X4500.12 X4600.12 X620 (16 port models) X670 X670 X670 012 X690 X770 X870 16778 Smart X4400.12 EXOS MACsec ExtremeSwitching Software OmniEdge Feature Pack X4400.12 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with ExtremeSwitching I-RM/MACsec Adapter 16779 Smart X4500.12 EXOS MACsec ExtremeSwitching Software OmniEdge Feature Pack X4500.12 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with Attachment D Page 137 of 471 Page 418 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 138 of 471 Page 419 of 1174 ExtremeSwitching [-RM/MACsec Adapter 16780 Smart X4600.12 EXOS Csec ExtremeSwitching Software OmniEdge Feature Pack X4600.12 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with X460G224p24hp 1001F,4 X460G224t24ht I OCII-,",4 models or ExtremeSwitching [-RM/MACsec Adapter 16790 Summit X59024xlq2c Base System ExtremeSwitching X590 I Year base unit with 24 Warranty lGb/I0Gb SFP+ ports I 10Gb/40Gb QSFP+ port 2 10Gb/25Gb/40Gb/50Gb/I 00Gb capable QSFP28 ports 2 unpopulated power supplies slots 4 unpopulated fan module slots ExtremeXOS Advanced Edge License 16791 Summit X59024tlq2c Base System Extreme Switching X590 I Year base unit with 24 Warranty 100Mb/I01b/100IBASE'r ports I 10Gb/40Gb QSFP+ port 2 10Gb/25Gb/40Gb/50Gb/I 00Gb capable QSFP28 ports 2 unpopulated power supplies slots 4 unpopulated fan module slots ExtremeXOS Advanced Edge License 16795 Summit X590 EXOS Core License Extreme Swi tchi ng X590 Software ExtremeXOS Core license Warranty upgrade from Advanced E ge 16801 Fixed 1-2 ISW 4port POE + 10/100 2Port 5 Year 410/100P21o/1oo'r2SFP 10/100 w/ 2port SFP Warranty Operating 'remperature 40C +75C 16802 Fixed 1-2 ISW 810/100P4SFP Sport POE + 10/100 w/ 5 Year 4port SFP Operating Warranty 'remperature 40C +75C Attachment D Page 138 of 471 Page 419 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16803 Fixed 1-2 ISW 4G13P2G13'r2SFP 4port POE + Gigabit 2port 5 Year Gigabit w/ 2port SF P Warranty Operating 'remperature 40C +75C 16804 Fixed 1-2 ISW 8G13P4SFP Sport POE + Gigabit w/ 5 Year 4port SFP Operating Warranty 'remperature 40C +75C 16805 Fixed 1-2 POE INJ75W24 24VDC GbE PoE injector 3 Year with 60/75W output Warranty Operating 'remperature 40C +75C 16806 Fixed 1-2 POE INJ3OW24 24VDC GbE PoE injector 3 Year with 30W output Warranty Operating 'remperature 40C +75C 16807 Fixed 1-2 IS ACDC PS 240W IS ACDC Power Supply 3 Year 240W Output DIN Rail 25 Warranty 70C 16920 Fixed 1-2 IS ACDC PS 48OW IS ACDC Power Supply 3 Year 48OW Output DIN Rail 25 Warranty 70C 17026 Summit Stacking Cable 1280E/64G Conversion cable for Limited LOM SummitStack256 and Lifetime SummitStack128 LOM Warranty with express Advanced Hardware Replacern ent 17030 Summit Stacking Cable 640E LOM SummitStack128 Stacking Limited Cable LOM Lifetime Warranty with express Advanced Hardware Replacern ent 17038 Summit Stacking Cable 640E/20G Conversion cable for Limited LOM SummitStack128 and Lifetime SummitStack LOM Warranty with express Advanced Hardware Attachment D Page 139 of 471 Page 420 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 140 of 471 Page 421 of 1174 Replacern ent 17101 Summit Summit X670V48xFB 48 IOC113ASEX SI P+ one I Year VIM4 slot (unpopulated) Warranty ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module 17102 Summit Summit X670V48xBF 48 IOC113ASEX SI P+ one I Year VIM4 slot (unpopulated) Warranty ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module 17103 Summit Summit X67048xFB 48 IOC113ASEX SI P+ I Year ExtremeXOS Advanced Warranty Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module 17104 Summit Summit X67048xBF 48 IOC113ASEX SI P+ I Year ExtremeXOS Advanced Warranty Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module 17111 Summit Summit X670 fan module Fan module for Summit I Year FB X670 series switches Warranty FronttoBack airflow spare 17112 Summit Summit X670 fan module Fan module for Summit I Year BF X670 series switches Warranty BacktoFront airflow spare 17115 Summit FAN X870 Fan Module I Year ASSY1x229.2CFM12FB FronttoBack airflow Warranty 17116 Summit AN X870 Fan Module I Year ASSY1x229.2CFM12BF BacktoFront airflow Warranty 17121 Summit VIM34OG4X VIM34OG4X 4 1 Year 40C113ASEX QSFP+ ports Warranty module for Summit X650/X480 17122 Summit VIM44OG4X VIM44OG4X 4 1 Year 40C113ASEX QSFP+ ports Warranty module for Summit X670V Attachment D Page 140 of 471 Page 421 of 1174 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 Open ow 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,riming 1588 PTP ExtremeXOS Network Software 'riming Feature Pack for Warranty Summit X6700.12 enables 1588v2 PrP (Precision 'rime Protocol) 17137 Summit X6700.12 EXOS MACsec ExtremeSwitching Software Feature Pack X6700.12 EXOS MACsec Warranty Feature Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17138 Summit X690 EXOS MACsec ExtremeSwitching X690 Software Feature Pack EXOS Csec Feature Warranty Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17139 Summit X590 EXOS MACsec ExtremeSwitching X590 Software Feature Pack EXOS Csec Feature Warranty Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17201 Summit Summit X670V48tr`BAC 48 IOGBASET 4 1 Year I00113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOGBaser ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC Attachment D Page 141 of 471 Page 422 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 142 of 471 Page 423 of 1174 power supplies FronttoBack airflow fans 17202 Summit Summit X670V48tI3FAC 48 IOGBASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 BacktoFront 550W AC power supplies BacktoFront airflow fans 17203 Summit Summit X670V48t[,'BDC 48 IOGBASE'r 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W DC power supplies FronttoBack airflow fans 17204 Summit Summit X670V48tI3FDC 48 IOC BASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 BacktoFront 550W DC power supplies BacktoFront airflow fans 17205 Summit Summit X670V48tFBMIX 48 IOGBASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License I FronttoBack 550W AC Attachment D Page 142 of 471 Page 423 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 143 of 471 Page 424 of 1174 power supply I FronttoBack 550W DC power supply FronttoBack airflow fans 17206 Summit Summit X670V48tBFMIX 48 IOGBASET 4 1 Year IOC113ASEX (unpopulated Warranty and shared with 4 ports of the 48 IOC113ase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License I BacktoFront 550W AC power supply I BacktoFront 550W DC power supply BacktoFront airflow fans 17300 Summit Summit 72 IOC113ASEX SI P+ I Year X670G272xBase(Jnit ExtremeXOS Advanced Warranty Edge License unpopulated dual PSIJ power slot and 5 unpopulated fan airflow slots 17310 Summit Summit 48 IOC113ASEX SI P+ and I Year X670G248x4qBase(Jnit 4 40C113ASEX QSFP+ Warranty ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot and 3 unpopulated fan airflow slots 17350 Summit X69048x2q4c X690 base unit with 48 1 Year IC!b/IOC!b SFP+ ports 2 Warranty IOC1b/40CIb QSFP+ ports 4 lOGb/25Gb/40C!b/50C!b/I OOGb capable QS P28 ports 2 unpopulated power supplies slots 6 unpopulated fan module slots ExtremeXOS Advanced Edge License 17360 Summit X69048t2q4c X690 base unit with 48 1 Year IGb/lOGBASE'r ports 2 Warranty IOC1b/40CIb QSFP+ ports 4 lOGb/25Gb/40C!b/50C!b/I Attachment D Page 143 of 471 Page 424 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 144 of 471 Page 425 of 1174 OOGb capable QSFP28 ports 2 unpopulated power supplies slots 6 unpopulated fan module slots ExtremeXOS Advanced Edge License 17401 Summit X62016xBase X62016 Limited 10OMb/IGb/IOG13ASEX Lifetime SI P+ ports 2 unpopulated Warranty power supply slots I with unpopulated Fan Module express slot ExtremeXOS Edge Advanced license Hardware Replacem ent-2 17402 Summit X62016tBase X62012 Limited 10OMb/IGb/IOG13ASE'r iifetime ports with EIH.E 4 Warranty 10OMb/IGb/IOG13ASE'r with with EF,"I,",", shared with 4 express IGb/lOCA BASEX SI P+ Advanced ports 2 unpopulated power Hardware supply slots I unpopulated Replacem Fan Module slot ent-2 ExtremeXOS Edge license 17403 Summit X62016pBase X62012 Limited 10OMb/IGb/2.5Gb/5Gb/I Lifetime OGBASE'r PoE (8 PoE44- Warranty and 4 PoE+) and EF,"I,". 4 with 10OMb/IGb/IOG13ASE'r express PoE+ and EIH.E shared Advanced with 4 IGb/lOGBASEX Hardware SFP+ ports 2 unpopulated Replacem power supply slots I ent-2 unpopulated Fan Module slot ExtremeXOS Edge license 17404 Summit X620I0xBase X62010 Limited l0OMb/IGb/IOG13ASEX Lifetime SFP+ ports integrated Warranty power supply and fans with ExtremeXOS Edge express license Advanced Hardware Attachment D Page 144 of 471 Page 425 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 145 of 471 Page 426 of 1174 Replacern ent-2 17405 Summit X6208t2xBase X620 8 Limited 10OMb/IGb/IOGBASE'r iifetime with EF,"I,". and 2 Warranty 10OMb/IGb/IOGBASEX with SI P+ ports integrated express power supply and fans Advanced ExtremeXOS Edge Hardware license Replacern ent-2 17431 Summit X620 Edge to Adv Edge ExtremeXOS Advanced Software License Edge I icense for X620 Warranty 17433 Summit X620 Multimedia(AVB) ExtremeXOS AVB Software FeaturePck (Audio Video Bridging) Warranty Feature Pack for X620 17434 Summit X620 Open glow ExtremeXOS SDN Software FeaturePack Openflow Feature Pack Warranty for X620 17435 Smart X620 EXOS Csec ExtremeSwitching X620 Software OmniEdge Feature Pack EXOS Csec Feature Warranty Switching Pack. Enables MACsec for use with ExtremeSwitching [-RM/MACsec Adapter 17701 Summit Summit X77032qFBAC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC power supplies 5 FronttoBack airflow fan modules 17702 Summit Summit X77032qBFAC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 BacktoFront 550W AC power supplies 5 BacktoFront airflow fan modules 17703 Summit Summit X77032qFBDC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 FronttoBack 550W DC Attachment D Page 145 of 471 Page 426 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 146 of 471 Page 427 of 1174 power supplies 5 FronttoBack airflow fan modules 17704 Summit Summit X77032qBFDC 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 BacktoFront 550W DC power supplies 5 BacktoFront airflow fan modules 17705 Summit Summit X77032qFBMIX 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License I FronttoBack 550W AC power supply I FronttoBack 550W DC power supply 5 FronttoBack airflow fan modules 17706 Summit Summit X77032qBFMIX 32 40C113ASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License I BacktoFront 550W AC power soppy I BacktoFront 550W DC power soppy 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 Open glow 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 427 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17729 Summit Summit X770 'riming 1588 ExtremeXOS Network Software PrP 'riming Feature Pack for Warranty Summit X770 enables 1588v2 PrP (Precision 'rime Protocol) 17800 Summit X87032cBase X87032c Base unit 32 1 Year lOGb/25Gb/40Gb/50Gb/I Warranty OOGb QS P28 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 lOGb ports on 24 QS P28 Warranty ports unpopulated 8 1OGb/25Gb/40Gb/50Gb/I OOGb QS P28 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 Warranty 17826 Summit X870 Openflow License ExtremeXOS X870 Software Openflow Feature Pack Warranty 17828 Summit X870 MPDS License ExtremeXOS X870 Software MPDS License Warranty 17830 Summit X87096x8c 6 port Speed ExtremeXOS X87096x8c Software Lic Port Speed License Warranty upgrades 6 ports to 1OGb/25Gb/40Gb/50Gb/I OOGb support 18001 Wireless 16502 X4408P 15761 Wireless Bundle Limited 06/30/ AP4511 IJS06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Altitude 4511 AP ITS with regulatory domain express Advanced Hardware Replacern ent 18002 Wireless 16502 X4408P 15762 Wireless Bundle Limited 06/30/ AP4511 WW06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Attachment D Page 147 of 471 Page 428 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 148 of 471 Page 429 of 1174 Altitude 4511 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18003 Wireless 16504 X44024P 15761 Wireless Bundle Limited 06/30/ AP4511 IJS12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 AP US with regulatory domain express Advanced Hardware Replacern 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 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18005 Wireless 16504 X44024P 15783 Wireless Bundle Limited 06/30/ AP4021i IJS12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP US with regulatory domain express Advanced Hardware Replacern 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 Replacern ent 18007 Wireless 16504 X44024P 15785 Wireless Bundle Limited 06/30/ AP4021e IJS12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 402 1 e AP with Attachment D Page 148 of 471 Page 429 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 149 of 471 Page 430 of 1174 including Qty 48 express Antennas US regulatory Advanced domain Hardware Replacern ent 18008 Wireless 16504 X44024P 15788 Wireless Bundle Limited 06/30/ AP4021e 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 Replacern ent 18009 Wireless 16506 X44048P 15761 Wireless Bundle Limited 06/30/ AP4511 IJS12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP US with regulatory domain express Advanced Hardware Replacern 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 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18011 Wireless 16506 X44048P 15764 Wireless Bundle Limited 06/30/ AP4532i (JS6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 AP US with regulatory domain express Advanced Hardware Replacern 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 AP with express Attachment D Page 149 of 471 Page 430 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 150 of 471 Page 431 of 1174 Worldwide regulatory Advanced domain Hardware Replacern ent 18013 Wireless 16506 X44048P 15767 Wireless Bundle Limited 06/30/ AP4532e (JS6 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 Replacern 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 Replacern ent 18015 Wireless 16502 X4408P 15782 Wireless Bundle Limited 06/30/ AP4511 EIJ06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18016 Wireless 16504 X44024P 15782 Wireless Bundle Limited 06/30/ AP4511 EIJ12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18017 Wireless 16504 X44024P 15804 Wireless Bundle Limited 06/30/ AP4021i EIJ12 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 431 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 151 of 471 Page 432 of 1174 Hardware Replacern ent 18018 Wireless 16504 X44024P 15808 Wireless Bundle Limited 06/30/ AP402 I e EIJ 12 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 Replacern ent 18019 Wireless 16506 X44048P 15782 Wireless Bundle Limited 06/30/ AP4511 EIJ12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18020 Wireless 16506 X44048P 15798 Wireless Bundle Limited 06/30/ AP4532i E(J6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 AP with European Union express regulatory domain Advanced Hardware Replacern ent 18021 Wireless 16506 X44048P 15799 Wireless Bundle Limited 06/30/ AP4532e E(J6 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 Replacern ent 18101 VPE V40024tI OCII-,",2 V400 Series 24 Limited 10/100/1000BASE'r 2 Lifetime 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fan Advanced Hardware Attachment D Page 151 of 471 Page 432 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 152 of 471 Page 433 of 1174 Replacern ent 18102 VPE V40024p I OGE2 V400 Series 24 Limited 10/100/1000BASE'r Lifetime PoE+ 2 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fans Advanced Hardware Replacern ent 18103 VPE V 4 0 0 4 8 t 10 CIF", 4 V400 Series 48 Limited 10/100/1000BASE'r 4 Lifetime 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fan Advanced Hardware Replacern ent 18104 VPE V40048pIOGE4 V400 Series 48 Limited 10/100/1000BASE'r Lifetime PoE+ 4 1000/10CI13aseX Warranty unpopulated SI P+ ports with fixed power supply and express fans Advanced Hardware Replacern ent 18201 VPE VXRPSCH3 VX 3 Slot Redundant Limited Power Supply Shelf Lifetime Warranty with express Advanced Hardware Replacern ent 18202 VPE VXRPSIOOO VX IOOOW Redundant Limited Power Supply Lifetime Warranty with express Advanced Hardware Attachment D Page 152 of 471 Page 433 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 153 of 471 Page 434 of 1174 Replacern ent 27001 Network ECASW ExtremeManagement Software Managerne ExtremeControl Warranty nt Extrem eAn a] yti c s Subscription License. Requires associated service for each managed network device and/or user. 30135 IdentiFi WSC35 WIRE, LESS WSC35 WI -AN I Year Wireless APPLIANCE Appliance. Manages 50 Warranty Access Points expandable to 125 in I or 16 AP increments. Requires Re ulatory Domain Key 30136 IdentiFi WSC5215 WI -AN WSC5215 WI -AN I Year Wireless CON'rROLLER Appliance. Manages 100 Warranty Access Points expandable to 1000 in 25 or 100 AP increments. Requires Re ulatory 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 ITS Puerto Rico Colombia). Enables WI -AN appliances and access points with appropriate RF settings for the country. Attachment D Page 153 of 471 Page 434 of 1174 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 WI -AN appliances and access points with appropriate RF settings for the country. 30313 IdentiFi WSV211010FCC V2110 VIO Virtual Software Wireless Wireless Appliance for Warranty FCC domain (For following countries ITS 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 APs 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 WI -AN 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 APs in I or 16 AP increments includes 2 free Radar licenses. 30320 IdentiFi ExtremeWireless V2110 PRDVEGY Software Wireless VIO Reg Key EGYPT ExtremeWireless VIO Warranty Re ulatory Key for Attachment D Page 154 of 471 Page 435 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 155 of 471 Page 436 of 1174 V2110 Virtual Appliances for Egypt 30321 IdentiFi ExtrerneWireless VIO Reg PRDKEGY Software Wireless Key EGYP'r 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 (F".xcept 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 EGYP'r 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 436 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 156 of 471 Page 437 of 1174 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 Lev Adoption Perm ExtremeCloud Appliance Software Wireless License 5 device permanent Warranty adoption license 30351 IdentiFi X0125 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 25 device permanent Warranty adoption license 30352 IdentiFi XCA 100 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 100 device permanent Warranty adoption license 30353 IdentiFi XCA 500 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 500 device permanent Warranty adoption license 30354 IdentiFi XCA 2000 Lev Adoption ExtremeCloud Appliance Software Wireless Perm License 2000 device permanent Warranty adoption license 30512 WING WSPS112VMR2 12V PWR Multi region 12V Indoor I Year Wireless SPRY External Power Supply Warranty Wing 30513 IdentiFi WSMBIWALI-03 WALL Indoor wall mounting I Year Wireless m,rG B RK'r bracket for AP3 93 5i/e Warranty 30514 WiNG WSMBOAR'roi Outdoor articulating I Year Wireless Articulating Mt g Brkt mounting bracket for Warranty AP3965i/e 30515 IdentiFi WSMBWAII-EX,roi Wall mounting bracket I Year Wireless extension for indoor and Warranty outdoor directional service antennas 30516 WING WSMBIWALI-04 Wall Indoor wall mounting I Year Wireless Mt g Brkt bracket for AP3916ic Warranty 30517 WiNG WSEIO01 AP Enclosure Indoor/Outdoor AP I Year Wireless enclosure for underseat Warranty install 30518 WING WSMBIDcm'rR01 Drop Ceiling muitiT Rail I Year Wireless Bracket. Accommodates Warranty 9/16 15/16 and 1.5 wide 'rbars Attachment D Page 156 of 471 Page 437 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 30519 WING WS1 BOH01 HTYPE Outdoor H'rype mounting I Year Wireless m,rG B RK'r bracket for AP3917i/e or Warranty AP 7662 i/e 30520 WING WSMBOPO[.E01 POLE Outdoor Pole mounting I Year Wireless m,rG B RK'r bracket for AP3917i/e or Warranty AP 7662 i/e 30521 IdentiFi WSMBIWALI-05 DESK Wall and Desk offset I Year Wireless m,rG B RK'r 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 WSE1002 Silicone Rubber Silicone Rubber Chamfer I Year Wireless Kit Gasket Kit for WSEIOO I Warranty AP Enclosure 30525 WING WSCABRJ45Fi-,roi 300mm Ethernet I Year Wireless extension cable with RJ45 Warranty receptaclefor AP3915i or WSM131WAI-1-05 30527 Smart WSPSI1100W01 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 GI-Iz I Year Wireless 120DEG SECTOR 4feed 5dBi 120 degree Warranty sector antenna with standard RPSMAtype lu connector 30703 IdentiFi WSA15QO4060 4dbi 60deg Indoor 4.96. 1 GHz 4feed I Year Wireless Sector 4dBi 60 degree sector Warranty antenna with standard RPSMAtype plug 30704 IdentiFi WSA12QO5060 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 2.40-1z/50-lz I Year Wireless 25DEG SECT OR eight feed 6.5/5.5dBi 25 Warranty degree sector antenna with standard RPSMAtype lu connector 30706 IdentiFi WSA15QO5025 5DBI Indoor 5G1-Iz four feed I Year Wireless 25DEG SECTOR 5dBi 25 degree sector Warranty Attachment D Page 157 of 471 Page 438 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 158 of 471 Page 439 of 1174 antenna with RPSMAtype plug connector 30707 IdentiFi WSAIDE10055 10/6DBI Indoor 2.40-1z/50-lz I Year Wireless 55DEG SECT OR eight feed 10/6dBi 55 Warranty degree sector antenna with standard RPSMAtype lu connector 30709 IdentiFi WsANTMIN DIPOLE Indoor 2AGHz dipole I Year Wireless antenna (4pack) Warranty 30710 IdentiFi WsAN'r5DIP4 DIPOLE Indoor 5G1-Iz dipole I Year Wireless antenna (4pack) Warranty 1 30711 IdentiFi WSAODQ05120N 5DBI Outdoor I Year Wireless 120DEG SEC'rOR 2.3 2.7/4.96. 1 GI-Iz 4feed Warranty 5dBi 120 degree sector antenna with standard Ntype plug connector 30712 IdentiFi WSA05QO4060N 4dBi Outdoor 4.96. 1 GI-Iz 4feed I Year Wireless 60deg Sector 4dBi 60 degree sector Warranty antenna with standard Ntype plug 30713 IdentiFi WSA02QO5060N 5dbi Outdoor 2.32.70-1z 4feed I Year Wireless 60deg Sector 5dBi 60 degree sector Warranty antenna with standard Ntype plug connector 30714 IdentiFi WSAODE07025N Outdoor 2.40-1z/50-lz I Year Wireless 6.5/5DBI 25DEG SECT OR eight feed 6.5/5.5dBi 25 Warranty degree sector antenna with standard Ntype plug connector 30715 IdentiFi WSAODE13025N Outdoor 2.40-1z/50-lz I Year Wireless 13/11L BI 25L EG eight feed 13/11 dBi 25 Warranty SECT OR degree sector antenna with standard Ntype plug connector 30716 IdentiFi WSA05QO5025N 5DBI Outdoor 5G1-Iz four feed I Year Wireless 25DEG SEC'rOR 5dBi 25 degree sector Warranty antenna with standard Ntype plug connector 30717 IdentiFi WSA05Q I 1025N I IL BI Outdoor 5G1-Iz four feed I Year Wireless 25DEG SEC'rOR I I dBi 25 degree sector Warranty antenna with standard Ntype plug connector 30718 IdentiFi WSAODE10055N 10/6DBI Outdoor 2.40-1z/50-lz I Year Wireless 55DEG SECT OR eight feed 10/6dBi 55 Warranty degree sector antenna with Attachment D Page 158 of 471 Page 439 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 159 of 471 Page 440 of 1174 standard Ntype plug connector 30720 IdentiFi WSAODE0710ON 7dbi Outdoor I Year Wireless 100deg Panel 2.42.5/5.155.8750-lz Warranty Eightfeed 7dBi 100 degree panel antenna with standard Ntype plug connector 30724 WiNG WSAODQ0436ON 4DBI Outdoor I Year Wireless OMNI 2.42.5/5.155.8750-lz Warranty 4dBi Omni antenna with standard Ntype plug connector 30912 IdentiFi WSAP3805iFCC Cloudready Dual band Limited 06/30/ Wireless Dual Radio 802.1 lac/abgn Lifetime 2023 2x221 IMO Indoor Wave Warranty I access point with four with internal antenna array. express Available in the US Advanced Puerto Rico and Hardware Colombia. Replacer ent-2 30913 IdentiFi WSAP3805iROW Cloudready Dual band Limited 06/30/ Wireless Dual Radio 802.1 lac/abgn Lifetime 2023 2x221 IMO Indoor Wave Warranty I access point with four with internal antenna array. express Not available in the ITS Advanced Puerto Rico nor Colombia Hardware verify country availability Replacer 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 Replacer (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 access point with ei ht with Attachment D Page 159 of 471 Page 440 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 160 of 471 Page 441 of 1174 internal antenna array and express active/active EYN data Advanced ports. Restricted Hardware Regulatory Domain Rest Replacern 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 Replacern active/active EYN 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 Replacern active/active EYN 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 EYN 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 access point with ei ht Attachment D Page 160 of 471 Page 441 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 161 of 471 Page 442 of 1174 internal antenna array and active/active EYN 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 Ntypejack connectors (4 connectors per band) for external antenna array and active/active EYN 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 Ntypejack connectors (4 connectors per band) for external antenna array and active/active EYN data ports. Restricted Regulatory Domain Rest of World 31020 IdentiFi WSAP3935ill- 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 EYN data Hardware ports. Restricted Replacern Re ulatory 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 442 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 162 of 471 Page 443 of 1174 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 ITS Puerto ent-2 Rico nor Colombia. 31028 IdentiFi WSAP3915iFCC Cloudready Dual band Limited Wireless Dual Radio 802.1 lac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with four with internal antenna array and express integrated B,r[-E/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 802.1 lac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with four with internal antenna array and express integrated B,r[-E/802.15.4 Advanced radio. Verify country Hardware availability before Replacem ordering No'r available in ent-2 the ITS Puerto Rico nor Colombia. 31031 IdentiFi WSAP3915eFCC Cloudready Dual band Limited Wireless Dual Radio 802.1 lac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with three with external antenna ports and express integrated B,r[-E/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 802.1 lac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point w/ 3 with Attachment D Page 162 of 471 Page 443 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 163 of 471 Page 444 of 1174 external antenna ports express integrated B,r[-E/802.15.4 Advanced radio. Verify country Hardware availability before Replacer ordering No'r available in ent-2 US Puerto Rico or Columbia. 31034 IdentiFi WSAP3916icFCC AP + Video Camera I Year Wireless Cloudready Dual band Warranty Dual Radio 802.1 lac/abgn 2x22 MIMO Indoor Wave 2 access point with four internal antenna array and integrated B,r[-E/802.15.4 radio. Available in the ITS Puerto Rico and Colombia. 31035 IdentiFi WSAP3916icROW AP + Video Camera I Year Wireless Cloudready Dual band Warranty Dual Radio 802.1 lac/abgn 2x22 MIMO Indoor Wave 2 access point with four internal antenna array and integrated B,r[-E/802.15.4 radio. Verify country availability before ordering No'r available in the ITS Puerto Rico nor Colombia. 31050 IdentiFi WSAP3917iFCC Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/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 802.1 lac/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 444 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 164 of 471 Page 445 of 1174 the US Puerto Rico Colombia nor Israel. 31055 IdentiFi WSAP3917eFCC Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four external antenna ports. Available in the ITS Puerto Rico and Colombia. 31056 IdentiFi WSAP3917eROW Cloudready Dual band I Year Wireless Dual Radio 802.1 lac/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 I-BSBI-E2AP Bluetooth beacon No OmniEdge 2alkaline batteries fully Warranty Wireless provisioned 36504 Smart 1,BSB[-E2[-P Bluetooth beacon No OmniEdge 2lithium batteries fully Warranty Wireless provisioned 36506 Smart I-BSBI-E4AP Bluetooth beacon 4 No OmniEdge alkaline batteries fully Warranty Wireless provisioned 36508 Smart 1,BSB[-E4[-P Bluetooth beacon 4 No OmniEdge lithium batteries fully Warranty Wireless provisioned 36510 Smart I.BSBI-EIJSBP Bluetooth beacon (TSB No OmniEdge fully provisioned Warranty Wireless 36511 Smart I.BSB[-E2AIJ8 Bluetooth beacon No OmniEdge 2alkaline batteries not Warranty Wireless provisioned (8Pack) 36513 Smart I.BSBI-E2I-(J8 Bluetooth beacon No OmniEdge 2lithium batteries not Warranty Wireless provisioned (8Pack) Attachment D Page 164 of 471 Page 445 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 36515 Smart 1,BSB[-E4AIJ8 Bluetooth beacon 4 No OmniEdge alkaline batteries not Warranty Wireless provisioned (8Pack) 36517 Smart IBSBI-E4I-(J8 Bluetooth beacon 4 No OmniEdge lithium batteries not Warranty Wireless provisioned (8Pack) 36519 Smart 1,BSBI-EIJSBIJIOO Bluetooth beacon (TSB No OmniEdge not provisioned (10OPack) Warranty Wireless 37101 WING AP761268OB301JS 802.1 lac Wallplate Limited Wireless Wedge M(JMIMO 2x22 Lifetime Dual radio internal Warranty antenna Domain United Wing States Puerto Rico 37102 WING AP761268OB30WR 802.1 lac Wallpate Wedge Limited Wireless M(JMIMO 2x22 Dual Lifetime radio internal antenna Warranty Domain Canada Colombia Wing IHMEA Rest of World 37103 WING AP761268OB30EG WING 802.1 lac Wallpate Limited Wireless Wedge Wave 2 2x22 Dual Lifetime radio internal antenna Warranty Domain Egypt Wing 37111 WING AP763268OB301JS 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 AP763268OB30WR WING 802.11 ac Indoor Limited Wireless Wave 2MUMIMO Access Lifetime Point 2x22 Dual Radio Warranty 802.11 ac/abgn internal Wing antenna Domain Canada Colombia EMF".A Rest of World 37113 WING AP763268OB401JS WING 802.11 ac Indoor Limited Wireless Wave 2 MUMIMO Lifetime Access Point 2x22 Dual Warranty Radio Wing 802.11 ac/abgnexternal antenna Domain United States Puerto Rico 37114 WING AP763268OB40WR WING 802.11 ac Indoor Limited Wireless Wave 2MUMIMO Access Lifetime Attachment D Page 165 of 471 Page 446 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 166 of 471 Page 447 of 1174 Point 2x22 Dual Radio Warranty 802.11 ac/abgnexternal Wing antenna Domain Canada Colombia EMF".A 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 802.11 ac/abgnexternal Wing antenna Domain Egypt 37117 WiNG AP7632680133011- 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 AP766268OB301JS WiNG 802.11 ac Outdoor I Year Wireless Wave 2 MIJMIMO 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 2MIJMIMO Access Warranty Point 2x22 Dual Radio Wing 802.11 ac/abgn internal antenna DomainCanada Colombia EMF".A Rest of World 37123 WING AP766268OB401JS WING 802.11 ac Outdoor I Year Wireless Wave 2 MIJMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgnexternal antenna Domain United States Puerto Rico 37124 WING AP766268OB40WR WING 802.11 ac Outdoor I Year Wireless Wave 2 MIJMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgnexternal Attachment D Page 166 of 471 Page 447 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 167 of 471 Page 448 of 1174 antenna Domain Colombia EMI -,".A Rest of World 37129 WING AP766268OB40EG WING 802.11 ac Outdoor I Year Wireless Wave 2 Access Point Warranty 2x22 Dual Radio Wing 802.11 ac/abgnexternal antenna Domain Egypt 37130 WING AP7662680133011- WING 802.11 ac Outdoor I Year Wireless Wave 2 Access Point Warranty 2x22 Dual Radio Wing 802.11 ac/align 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 WSMBIDCF[-(JSH Drop Ceiling Flat'riie I Month Wireless 'roar Bracket. Warranty Accommodates 9/16 Wing 15/16 and 1.5 wide 'roars 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 EGuestI-IC1AP ExtremeGuest Analytics Software Wireless License for IAP Warranty 37422 WING EGuestI-IC5AP ExtremeGuest Analytics Software Wireless License for 5APs Warranty 37423 WING EGuestI-IC10AP ExtremeGuest Analytics Software Wireless License for 10APs Warranty 37424 WING EGuestI-IC50AP ExtremeGuest Analytics Software Wireless License for 50APs Warranty 37425 WING EGuestI-IC100AP ExtremeGuest Analytics Software Wireless License for 100APs Warranty 37426 WING EGuestI-IC500AP ExtremeGuest Analytics Software Wireless License for 500APs Warranty 37427 WING EGuestI-IC1000AP ExtremeGuest Analytics Software Wireless License for 1000APs Warranty 37428 WING EGuestI-IC2000AP ExtremeGuest Analytics Software Wireless License for 2000APs Warranty Attachment D Page 167 of 471 Page 448 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39016 Subscriptio Cloud WI -AN Mgmt FCC Cloud WI -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 WI -AN Mgmt ROW Cloud WI -AN 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 WI -AN Mgmt Base Cloud WI -AN 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 4400.12 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 EIJ 802.11 ac Wave 2 4400.12 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 4400.12 Warranty 2024 Partner DemoKit for Rest of World including 1 -,",MEA 39031 IdentiFi WSAP3805i2x1 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 Replacern ent-2 Attachment D Page 168 of 471 Page 449 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39032 IdentiFi WSAP3825i2x1 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 Replacern ent-2 39033 IdentiFi WSAP3805iFCC2xI Limited time 2 for I Limited 06/20/ Wireless promotion for the Lifetime 2023 AP3805iFCC (available in Warranty the ITS Puerto Rico and with Colombia) express Advanced Hardware Replacern ent-2 39034 IdentiFi WSAP3805iROW2xI Limited time 2 for I Limited 12/31/ Wireless promotion for the Lifetime 2022 AP3805i ROW (not Warranty available for the ITS with Puerto Rico nor Colombia express verify RestofWorld Advanced country availability before Hardware ordering) Replacern ent-2 39035 IdentiFi WSAP3865e2x1 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 Replacern ent-2 39036 IdentiFi WSAP3912iFCC2xI Limited time 2 for I Limited 06/28/ Wireless promotion for the Lifetime 2024 AP3912iFCC (available in Warranty the ITS Puerto Rico and with Colombia) express Advanced Hardware Replacern ent-2 Attachment D Page 169 of 471 Page 450 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39037 IdentiFi WSAP3912iROW2xI Limited time 2 for I Limited 06/28/ Wireless promotion for the Lifetime 2024 AP3 912i ROW (Not Warranty available in FCC region with verify RestofWorld express country availability before Advanced ordering) Hardware Replacern ent-2 39038 IdentiFi WSAP3935iFCC2xI Limited time 2 for I Limited 12/28/ Wireless promotion for the Lifetime 2023 AP3935iFCC (available in Warranty the ITS Puerto Rico and with Colombia) express Advanced Hardware Replacern 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 ITS with Puerto Rico nor Colombia express verify RestofWorld Advanced country availability before Hardware ordering) Replacern ent-2 39505 Smart SA201 Defender Adapter 201 1 Year OmniEdge with two 10/100/1000 Warranty Wireless BASE' r ports (I network port and I device port) power from POI -,",/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 451 of 1174 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/ lOSlot Chassis (Includes Warranty 2023 Fan 'rray) 41012 BD 8K BD 8806 6Slot Chassis Black Diamond 8806 1 Year 06/30/ 6Slot Chassis (Includes Warranty 2023 Fan 'rray) 41050 BD 8K BD 8806 60OW/900W PSIJ BD 8806 60OW/90OW I Year 06/30/ 100240V PSIJ Warranty 2023 41114 BD 8K BD 8806 AC PSIJ Cover BlackDiamond 8806 PSIJ I Year 06/30/ cover (includes power Warranty 2023 cord retainer bracket) 41115 BD 8K BD 8810 AC PSIJ Cover BlackDiamond 8810 PSIJ I Year 06/30/ cover (includes power Warranty 2023 cord retainer bracket) 41121 BD 8K BD 8800 / BD 12800 Spare BlackDiamond 12K I Year 06/30/ Blank Panel BlackDiamond 8800 Warranty 2023 Spare Blank Panel 41141 BD 8K BD 8810 Mid Mount Kit BlackDiamond 8810 Mid I Year 06/30/ Mount it Warranty 2023 41151 BD 8K BD Cable Management BlackDiamond Cable I Year 06/30/ Clip Kit Management Clip Kit Warranty 2023 1 41213 BD 8K BD 8800 MS 48c BlackDiamond 8800 1 Year 06/30/ Management Switch Warranty 2023 Module optional I/O port 41216 BD 8K BD 880OMSM96 Management Switch I Year 06/30/ Module Warranty 2023 41231 BD 8K BD 8900MSM128 Management Switch I Year 06/30/ Module Warranty 2023 1 41251 BD 8K BD 8500MSM24 Management Switch Limited 03/04/ Module Lifetime 2020 Warranty with express Advanced Attachment D Page 171 of 471 Page 452 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 172 of 471 Page 453 of 1174 Hardware Replacern ent 41312 BD 8K BD 8800 MPDS Feature ExtremeXOS MPDS Software 06/30/ Pack Feature Pack for Warranty 2023 BlackDiamond 8800 series switches requires MSM128 890OXI- interface modules and ExtremeXOS 12.5 (or rester 41314 BD 8K BD 8800 Core License BlackDiamond 8800 Software 06/30/ ExtremeXOS Core Warranty 2023 Software Upgrade Openflow Feature Pack 41516 BD 8K BD 8800 G48're2 BlackDiamond 8800 1 Year 06/30/ 48port Warranty 2023 10/100/1000BASE'r RJ45 edge optional POE card 41517 BD 8K BD 8800 G48'rc BlackDiamond 8800 1 Year 06/30/ 48port Warranty 2023 10/100/1000BASE'r RJ45 o2tional POE card 41521 BD 8K BD 890OG48Xx1 48port IOOOBASEX SIP I Year 06/30/ Warranty 2023 41531 BD 8K BD 890OG48,rx1 48port I Year 06/30/ 10/100/1000BASE'r RJ45 Warranty 2023 41532 BD 8K BD 890OG96,rc 96port I Year 06/30/ 10/100/1000BASE'r Warranty 2023 MRJ21 41543 BD 8K BD 8800 G24Xc BlackDiamond 8800 1 Year 06/30/ 24port IOOOBASEX Warranty 2023 miniCII31C 41544 BD 8K BD 8800 G48Xc BlackDiamond 8800 1 Year 06/30/ 48port IOOOBASEX Warranty 2023 miniCII31C 41561 BD 8K BD 850OG24Xe 24port IOOOBASEX SIP Limited 03/04/ Lifetime 2020 Warranty with express Advanced Hardware Replacern ent Attachment D Page 172 of 471 Page 453 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 41614 BD 8K BD 8800 IOG4Xc BlackDiamond 8800 4port I Year 06/30/ l0GBASEXFP Warranty 2023 41615 BD 8K BD 8800 IOG8Xc BlackDiamond 8800 Sport I Year 06/30/ l0GBASEXFP Warranty 2023 41631 BD 8K BD 890010G8Xx1 Sport IOC113ASEX XIP I Year 06/30/ Warranty 2023 1 41711 BD 8K BD 89004OG6Xxm BlackDiamond 8900xm I Year 06/30/ 6port 40C113ASEX QSFP+ Warranty 2023 Module 41811 BD 8K BD 8800 SPOE BlackDiamond 8800 POE I Year 06/30/ Card (addon module for Warranty 2023 8800 G48'rc 8800 G48're2 and 850OG48're) 41821 BD 8K BD 8800 SG8Xc BlackDiamond 8800 Sport I Year 06/30/ I G SIP card (addon Warranty 2023 module for MSM48c) 41822 BD 8K BD 8800 SIOGIXc BlackDiamond 8800 1port I Year 06/30/ I OG XIP card (addon Warranty 2023 module for MSM48c) 41823 BD 8K BD 8800 SIOG2Xc BlackDiamond 8800 2port I Year 06/30/ IOC113ASEX SI P+ card Warranty 2023 (addon module for MSM24 MSM48c and MSM128) 48001 BD BDX8AC BlackDiamond X8 Series I 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 BDXPSIJAC2500 250OW AC Power Supply I Year 06/30/ for BlackDiamond X Warranty 2023 series chassis. Up to 8 supported in the BDX8 chassis. 48015 BD BDX8FAN Fan Tray for I Year 06/30/ BlackDiamond X8 chassis Warranty 2023 spare. 5 fan trays required in the system. 48018 BD BDXIOBLANKE Enhanced Blank Panel for I Year 06/30/ BlackDiamond X series Warranty 2023 chassis for empty I/O module slot 48020 BD BDX8MMK Mid Mount it for I Year 06/30/ BlackDiamond X8 chassis Warranty 2023 Attachment D Page 173 of 471 Page 454 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 48021 BD BDXMMI Management Module I I Year 06/30/ for BlackDiamond X Warranty 2023 series chassis. 2 modules required for 14-1 redundancy. 48031 BD BDXAFM2o,r 5.12,rbps 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 2o,rbps. 48032 BD BDXAFMlo,r 2.56,rbps 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 io,rbps. 48038 BD BDXAG48'r 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 5.12,1,17ps Fabric Modules. 48039 BD BDXAG48X 48Port IC113ASEX SIP 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 5.12'rbps Fabric Modules. 48040 BD BDXAlOG48'r 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 455 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 175 of 471 Page 456 of 1174 support up to 384 wirespeed 10GbE copper ports and work with either 2.56 or 5.12'rbps Fabric Modules. 48041 BD BDXAlOG48X 48Port IOC113ASEX 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 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Optics and cables are not included. 48046 BD BDXA40Gl2X 12port 40C113ASEX I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis 48047 BD BDX1340G12XXI- 12Port 40C113ASEX 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 40CIbE or 384 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Licenses optics and cables are not included. 48051 BD BDXA40G24X 24Port 40C113ASEX 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 40CIbE or 768 wirespeed 10GbE ports and only work with 5.12,rbps Fabric Module. Optics and cables are not included. Attachment D Page 175 of 471 Page 456 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 48061 BD BDXB100G4X 4Port 100GBASEX 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 100011E or 320 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Optics and cables are not included. 48062 BD BDXBIOOG4XXI- 4Port 100GBASEX XL I Year 06/30/ CI P2 module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 32 wirespeed 100011E or 320 wirespeed 10GbE ports and work with either 2.56 or 5.12'rbps Fabric Modules. Licenses optics and cables are not included. 48093 BD BDXMPLSLIC MPLS Feature Pack Software 06/30/ license for the Warranty 2023 BlackDiamond X8 chassis 48094 BD BDXCORELIC Core license for the Software 06/30/ BlackDiamond X8 chassis Warranty 2023 for scalable Layer 3 rich applications Open glow Feature Pack 60020 BD 8K 70OW/120OW 100240V 70OW/120OW I Year 06/30/ PSU 100240VAC Power Warranty 2023 Supply Unit 60021 BD 8K 120OW 48V DC PSIJ 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 it 85108 Network INFO GOVERNANCE INFORMATION Software Manageme ENGINE up'ro io GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE Attachment D Page 176 of 471 Page 457 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 177 of 471 Page 458 of 1174 SCSI, iTION upTo To DEVICES 85109 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 25 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 25 DEVICES 85110 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 50 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 50 DEVICES 85111 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up,ro ioo GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up,ro ioo DEVICES 85112 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 250 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 250 DEVICES 85113 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE up'rO 500 GOVERNANCE Warranty nt DEVICES ENGINE NE'rwORK COMPLIANCE SC uj'rm up'rO 500 DEVICES 85114 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE U DEVICES GOVERNANCE Warranty nt ENGINE NE'rwORK COMPLIANCE SC uj'rm UNRE s'rRIC'rED 85115 Network UPGRADE IGIH.10'ro INFORMATION Software Managerne IGIH,25 GOVERNANCE Warranty nt ENGINE UPGRADE IGE10'ro IGIH.25 85116 Network UPGRADE IGIH.25 TO INFORMATION Software Managerne I Gl-,", 5 0 GOVERNANCE Warranty nt ENGINE UPGRADE IGE25 'ro IGIH.50 Attachment D Page 177 of 471 Page 458 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 85117 Network UPGRADE IGIH.50 TO INFORMATION Software Managerne I GIH, 10 0 GOVERNANCE Warranty nt ENGINE UPGRADE IGIH.50 'ro igi-,".ioo 85118 Network UPGRADE IGIH.100 TO INFORMATION Software Managerne IGIH,250 GOVERNANCE Warranty nt ENGINE UPGRADE igi-,".ioo 'ro IGIH.250 85119 Network UPGRADE IGIH.250 TO INFORMATION Software Managerne I GIH, 5 0 0 GOVERNANCE Warranty nt ENGINE UPGRADE IGIH.250 'ro IGIH.500 85120 Network UPGRADE IGIH.500 TO INFORMATION Software Managerne IGIH.0 (JNRES'rRIC'rED GOVERNANCE Warranty nt ENGINE UPGRADE IGIH.500'ro icii-,".[T UNRE s'rRIC'rED 86100 Network ExtremeManagement ExtremeManagement I Year Managerne Appliance NMSA25 Appliance NMSA25 Warranty nt manages up to 5K Devices 86101 Network ExtremeManagement ExtremeManagement I Year Managerne Appliance NMSA305 Appliance NMSA305 Warranty nt manages up to loll Devices 87100 NAC ExtremeControl Appliance ExtremeControl I Year IAA25 Appliance IAA25 up to Warranty 12K ES 87101 NAC ExtremeControl Appliance ExtremeControl I Year IAA305 Appliance IAA305 up to Warranty 24K ES 88100 AppID ExtremeAnalytics Extrem eAn a] yti c s I Year Appliance PVA305 Appliance PVA305 up to Warranty 13M FPM 88201 AppID EA lk Client Lic ExtremeAnalytics lk Software Client license Warranty 88202 AppID EA 3k Client Lic Extrem eAn a] yti c s 3k Software Client license Warranty 88203 AppID EA l2k Client Lic ExtremeAnalytics l2k Software Client license Warranty 88211 AppID EA Virtual Sensor VS100 ExtremeAnalytics Virtual Software 10 Instance Lic Sensor VS100 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 459 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89001 Security I-MG2AIOs'rD Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Standard Appliance (Base 500 EPS) 89002 Security I.MG2AIOs,rDHA Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Standard HA Appliance (Base 500 EPS) 89003 Security I-MG2AIoi-,".N,r Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Appliance (Base 1000 EPS) 89004 Security I-MG2AI6T".N'rHA Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise HA Appliance (Base 1000 EPS) 89005 Security I-MG2AI6T".N'rPi- Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Plus Appliance (Base 1000 EPS) 89006 Security I-MG2AIoi-,".N,rp[-IIA Extreme Log I Year 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Plus HA Appliance (Base 1000 EPS) 89007 Security I.MG2AIOVIR Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Virtual (Base 100 EPS) 89008 Security I.MG2AIOVIRHA Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Virtual HA (Base 100 EPS) 89009 Security I-MG2CONI-,".N,r Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Appliance 89010 Security I-MG2CONI-I Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise HA AppBance Attachment D Page 179 of 471 Page 460 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89011 Security I-MG2CONI-,".N'rPF Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Plus Appliance 89012 Security I-MG2CONI-,.N,rP[-HA Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Plus HA Appliance 89013 Security I.MG2CONVIR Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Virtual 89014 Security I.MG2CONVIR14A Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Virtual HA 89015 Security I-MG2EVPT".N'r Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Appliance Base 2500 EPS) 89016 Security I-MG2EVPT".N'rHA Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise HA Appliance (Base 2500 EPS) 89017 Security I-MG2EVPT".N'rPF Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Plus Appliance (Base 2500 EPS) 89018 Security I-MG2EVpi-,".N,rP[-HA Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Plus HA Appliance (Base 2500 EPS) 89019 Security I.MG2EVPVIR Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Virtual (Base 100 EPS) 89020 Security I.MG2EVPVIR14A Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Virtual HA (Base 100 EPS) 89021 Security I.MG2ADDIOOE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 100 License 89022 Security I.MG2ADDIOOEHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 100 HA License 89023 Security I.MG2ADDO.51KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Attachment D Page 180 of 471 Page 461 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 181 of 471 Page 462 of 1174 Increase 500 to 1000 License 89024 Security I.MG2A D DO. 5 1 Kl-,",14A Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 500 to 1000 HA License 89025 Security I.MG2ADD12.5KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 1000 to 2500 License 89026 Security I.MG2ADD12.5K1-,".I4A Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 1000 to 2500 HA License 89027 Security I.MG2ADD2.5KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 2500 License 89028 Security I.MG2ADD2.5KEHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 2500 HA License 89029 Security I-MG2C0NuPT".N'r Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Upgrade to CONSOLE linter prise 89030 Security I-MG2C0NuPT".N'rHA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise HA Upgrade to CONSOLE Enterprise HA 89031 Security I-MG2C0NuPT".N'rPi- Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus Upgrade to CONSOLE Enterprise Plus 89032 Security I-MG2C0NuPT".N'rPI-HA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus HA Upgrade to CONSOLE Enterprise Plus HA 89033 Security I-MG2SI1-,";IAI0uPs'rD Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Standard Attachment D Page 181 of 471 Page 462 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 182 of 471 Page 463 of 1174 Convert to SIEM AL[ INONE Standard 89034 Security LMG2SI1-,".MAIOuPs'rDH Extreme Log Software 06/01/ A Management G2 Warranty 2020 AL[ INONE Standard HA Convert to SIEM AL[ INONE Standard HA 89035 Security I-MG2 SI1-,".MAIO tjpi-,".N,r Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Convert to SIEM AL[ INONE Enterprise 89036 Security LMG2SIEMAIO1JP1-,".N'rH Extreme Log Software 06/01/ A Management G2 Warranty 2020 AL[ INONE Enterprise HA Convert to SIEM AL[ INONE Enterprise HA 89037 Security I-MG2 SIIH.MAI 0 tjpi-,".N,r PL Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Enterprise Plus Convert to SIEM AL[ INONE Enterprise Plus 89038 Security I-MG2 SI1-,".MAIO tjpi-,".N,r PL Extreme Log Software 06/01/ 14A Management G2 Warranty 2020 AL[ INONE Enterprise Plus HA Convert to SIIH.M AL[ INONE Enterprise Plus HA 89039 Security LMG2SI1-,".MAIO1JP1K2.5 Extreme Log Software 06/01/ KE Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 1000 to 2500 License (Fcar hath Enterprise Enterprise Plus) 89040 Security LMG2SI1-,".MAIO1JP1K2.5 Extreme Log Software 06/01/ KEHA Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 1000 to 2500 License HA License (For both Enterprise Enterprise Plus) Attachment D Page 182 of 471 Page 463 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89041 Security LMG2SI1-,".MAIO(JP2.5KE Extreme Log Software 06/01/ Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 2500 SW License (For both Enterprise Enterprise Plus) 89042 Security LMG2SIEMAIO(JP2.5KE Extreme Log Software 06/01/ 14A Management G2 Warranty 2020 AL[ INONE Convert to SIEM AL[ INONE EPS Increase 2500 SW HA License (Fcar hath Enterprise Enterprise Plus) 89043 Security I-MG2SIEMCONIJPI-,".N,r Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Convert to SIEM CONSOLE Enterprise 89044 Security LMG2SI1-,".MCONuPT".N'rH Extreme Log Software 06/01/ A Management G2 Warranty 2020 CONSOLE Enterprise HA Convert to SIEM CONSOLE Enterprise HA 89045 Security I-MG2 SIIH.MCON tjpi-,".N,rP Extreme Log Software 06/01/ 1, Management G2 Warranty 2020 CONSOLE Enterprise Plus Convert to SIEM CONSOLE Enterprise Plus 89046 Security LMG2SI1-,".MCONuPT".N'rP Extreme Log Software 06/01/ LI A Management G2 Warranty 2020 CONSOLE Enterprise Plus HA Convert to SIIH.M CONSOLE Enterprise Plus HA 89047 Security I-MG2 Sll-,".MEVP tjpi-,".N,r Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Enterprise Convert to SIEM EVP Enterprise 89048 Security I-MG2S I1-,".MEVPuPT".N'rH 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 464 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89049 Security I-MG2SIEMEV P upi-,".N'r P Extreme Log Software 06/01/ 1, Management G2 EVP Warranty 2020 Enterprise Plus Convert to SIEM EVP Enterprise Plus 89050 Security LMG2SI1-,".MEVPuPT".N'rP Extreme Log Software 06/01/ LILA Management G2 EVP Warranty 2020 Enterprise Plus HA Convert to SIE M EVP Enterprise Plus HA 89051 Security LMG2SIEMF".VP(JP2.5KE Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Convert to SIE M EVP EPS Increase 2500 SW License (For both Enterprise Enterprise Plus) 89052 Security LMG2SI1-,".MEVP(JP2.5KE Extreme Log Software 06/01/ 14A Management G2 EVP Warranty 2020 Convert to SIE M EVP EPS Increase 2500 SW HA License (For both Enterprise Enterprise Plus) 89053 Security LMG21-SADD50 Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 50 89054 Security LMG21-SADD500 Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 500 89055 Security LMG21-SADDIK Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 1000 89056 Security LMG21-SADD5K Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 5000 89057 Security LMG21-SADDIOK Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 10000 89058 Security SRMG2AP[- Extreme Security Risk I 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 465 of 1174 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 SRMG2ADD100 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 SRMG2ADD1K 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 SVMG2SAAPI- Extreme Security I Year 06/01/ Vulnerability Manager G2 Warranty 2020 Standalone Appliance ( Base 255 scanning assets + 50 EPS Log Management) (No Integration with other SIEM or I -lam products) 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 I -lam products) 89069 Security SVMG20NBOX Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 ON BOARD for Console or AllinOne SW License 89070 Security SVMG20FFBOXAPI- Extreme Security I Year 06/01/ Vulnerability Manager G2 Warranty 2020 OFF BOARD for Console or AllinOne Appliance Attachment D Page 185 of 471 Page 466 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 186 of 471 Page 467 of 1174 (Base on Base 255 scanning assets) 89071 Security SVMG20FFBOXVIR Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 OFF BOARD for Console or AllinOne VM SW 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 SVMG2ADD1K 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 SVMG2ADD16K 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 SII-,";lG2Ai6s'rD Extreme SIE M G2 I Year 06/01/ ALLINONE Standard Warranty 2020 Appliance (Base lK EPS 25K Flows) 89080 Security SII-,";lG2AIOs,rDHA Extreme SIIH.M G2 I Year 06/01/ AL[ INONE Standard HA Warranty 2020 Appliance (Base lK EPS 25K Flows) 89081 Security SII -;l G2AIoF,,N,r Extreme SIE M G2 I Year 06 AL[ INONE Enter rise Warranty 2020 Attachment D Page 186 of 471 Page 467 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 187 of 471 Page 468 of 1174 Appliance (Base IK EPS 25K Flows) 89082 Security SII-,";lG2AI6T".N'rHA Extreme SIE M G2 I Year 06/01/ AI LINONE Enterprise Warranty 2020 HA Appliance (Base IK EPS 25K Flows) 89083 Security SII -;l G2Ai6T".N'rPi- Extreme SIE M G2 I Year 06/01/ AI LINONE Enterprise Warranty 2020 Plus Appliance( Base IK EPS 25K Flows) 89084 Security SII-,";IG2AI6T".N'rP[-HA Extreme SIE M G2 I Year 06/01/ AI LINONE Enterprise Warranty 2020 Plus HA Appliance (Base IK EPS 25K Flows) 89085 Security SII -;l G2AIOVIR Extreme SIE M G2 Software 06/01/ AI LINONE Virtual (Base Warranty 2020 100 EPS 15K Flows) 89086 Security SII -;l G2AIOVIRHA Extreme SIE M G2 Software 06/01/ ALLINONE Virtual HA Warranty 2020 (Base 100 EPS 15K Flows) 89087 Security SIEMG2CONENT Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 AppBance 89088 Security SII -;l G2CONI-,".N'rHA Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise HA Warranty 2020 AppBance 89089 Security SIEMG2CONI-,".Nr[PF Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 Plus Appliance 89090 Security SII -;I G2CONI-,".N'rP[-HA Extreme SIE M G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 Plus HA Appliance 89091 Security SII -;l G2CONVIR Extreme SIE M G2 Software 06/01/ CONSOLE Virtual Warranty 2020 89092 Security SII -;l G2CONVIR14A Extreme SIE M G2 Software 06/01/ CONSOLE Virtual HA Warranty 2020 1 89093 Security SII -;l C12EVPT".N'r Extreme SIE M G2 EVP I Year 06/01/ Enterprise Appliance Warranty 2020 Base 2500 EPS) 89094 Security SII -;l G2EVPT".N'rI4A Extreme SIE M G2 EVP I Year 06/01/ Enterprise HA Appliance Warranty 2020 (Base 2500 EPS) 89095 Security SII -;l G2EVPT".N'rPi- Extreme SIE M G2 EVP I Year 06/01/ Enterprise Plus Appliance Warranty 2020 (Base 2500 EPS) Attachment D Page 187 of 471 Page 468 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89096 Security SII-,";lG2EV PENT P[ IIA Extreme SIEM G2 EVP I Year 06/01/ Enterprise Plus HA Warranty 2020 Appliance (Base 2500 EPS) 89097 Security Sll-,".MG2EVPVIR Extreme SIEM G2 EVP Software 06/01/ Virtual (Base 100 EPS) Warranty 2020 89098 Security Sll-,".MG2EVPVIR14A Extreme SIEM G2 EVP Software 06/01/ Virtual HA (Base 100 Warranty 2020 EPS) 89099 Security SIEMG2F EPT".N'r Extreme SIEM G2 FLP I Year 06/01/ Enterprise Appliance ( Warranty 2020 x1705 Base lOOK Flows) 89100 Security SII-,".MG2Fi-PT".N'rHA Extreme SIEM G2 FLP I Year 06/01/ Enterprise HA Appliance Warranty 2020 (x1705 Base lOOK Flows) 89101 Security SIEMG2Fi-PT".N'rPi- Extreme SIEM G2 FLP I Year 06/01/ Enterprise Plus Appliance Warranty 2020 (x1728 Base lOOK Flows) 89102 Security SII -;I G2Fi-PT".N'rP[-HA Extreme SIEM G2 FLP I Year 06/01/ Enterprise Plus HA Warranty 2020 Appliance (x1728 Base I OOK Flows) 89103 Security Sll-,".MG2F[-PVIR Extreme SIEM G2 FLP Software 06/01/ Virtual (Base 15K Flows) Warranty 2020 89104 Security Sll-,".MG2F[-PVIR14A Extreme SIEM G2 FLP Software 06/01/ Virtual HA (Base 15K Warranty 2020 Flows) 89105 Security SII -;l G2CEFEN'r Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Enterprise Appliance x1805 Base 1000 EPS 25K Flows) 89106 Security SII-,";lG2CEFI-,".N'rHA Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Enterprise HA Appliance (xI805 Base 1000 EPS 25K Flows) 89107 Security SII-,".MG2CEFI-,".N'rPi- Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Enterprise Plus Appliance (xI828 Base 1000 EPS 25K Flows) 89108 Security SII-,";IG2CEFI-,".N'rP[-HA Extreme SIEM G2 I Year 06/01/ Combined EVP LP Warranty 2020 Attachment D Page 188 of 471 Page 469 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 189 of 471 Page 470 of 1174 Enterprise Plus HA Appliance (xI828 Base IOOOEPS 25K Flows) 89109 Security SII-,".MG2EVCAPI- Extreme SIEM G2 Event I Year 06/01/ Collector Appliance Warranty 2020 89110 Security SIMI-,".G2EVCVIR Extreme SIEM G2 Event Software 06/01/ Collector Virtual Warranty 2020 1 89111 Security SII-,".MG2DNI-,".N'r Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Warranty 2020 Bance 89112 Security SII-,".MG2DNI-,".N'rHA Extreme SIEM G2 Data I Year 06/01/ Node Enterprise HA Warranty 2020 Appliance 89113 Security SII-,".MG2DNI-,".N'rPi- Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Plus Warranty 2020 Bance 89114 Security SII -;I G2DNI-,".N'rP[-HA Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Plus HA Warranty 2020 Bance 89115 Security SII-,".MG2DNVIR Extreme SIEM G2 Data Software 06/01/ Node Virtual Warranty 2020 89116 Security SII-,".MG2DNVIR14A Extreme SIEM G2 Data Software 06/01/ Node Virtual HA Warranty 2020 1 89117 Security SII-,".MG2FCIG,rx Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance I Warranty 2020 0117 s rI X 89118 Security SII-,".MG2FCIG'rxHA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance I Warranty 2020 0117 s rI X 89119 Security SII-,".MG2FCMG,rx Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 Multi Gbps,rx 89120 Security SII -;I G2FCMG,rxl-IA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 Multi Gbps,rx 89121 Security SII-,".MG2FCMGSX Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps SX 89122 Security SII-,".MG2FCMGSX14A Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps SX 89123 Security SII-,".MG2FCMGSR Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps Fiber SR Attachment D Page 189 of 471 Page 470 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89124 Security SII-,".MG2FCMGSRIiA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps Fiber SR 89125 Security SIF".MG2FCMG[-R Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps Fiber LR 89126 Security SIF".MG2FCMG[-RI-IA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps Fiber LR 89127 Security SII-,".MG2VFC Extreme SIEM G2 VFlow Software 06/01/ Collector Warranty 2020 89128 Security SII-,".MG2VFCHA Extreme SIEM G2 VFlow Software 06/01/ Col I ector HA Warranty 2020 89129 Security SIF".MG2ADD100E Extreme SIEM G2 EPS Software 06/01/ Increase 100 License Warranty 2020 1 89130 Security SIF".MG2AD D I 001-,",14A Extreme SIEM G2 EPS Software 06/01/ Increase 100 HA License Warranty 2020 89131 Security SIF".MG2ADDO.51KE Extreme SIEM G2 EPS Software 06/01/ Increase 500 to 1000 Warranty 2020 License 89132 Security SIF".MG2AD DO. 5 1 KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 500 to 1000 HA Warranty 2020 License 89133 Security SIF".MG2ADD12.5KE Extreme SIEM G2 EPS Software 06/01/ Increase 1000 to 2500 Warranty 2020 License 89134 Security SIF".MG2ADD12.5KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 1000 to 2500 HA Warranty 2020 License 89135 Security SIF".MG2ADD2.5KE Extreme SIEM G2 EPS Software 06/01/ Increase 2500 License Warranty 2020 89136 Security SIF".MG2ADD2.5KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 2500 HA License Warranty 2020 1 89137 Security SIF".MG2ADD1525KF Extreme SIEM G2 Flow Software 06/01/ Increase 15K to 25K VM Warranty 2020 License 89138 Security SIF".MG2ADD1525KFHA Extreme SIEM G2 Flow Software 06/01/ Increase 15K to 25K VM Warranty 2020 HA License 89139 Security SIF".MG2ADD255OKF Extreme SIEM G2 Flow Software 06/01/ Increase 25K to 50K Warranty 2020 License 89140 Security SIF".MG2ADD2550KFHA Extreme SIEM G2 Flow Software 06/01/ Increase 25K to 50K HA Warranty 2020 License Attachment D Page 190 of 471 Page 471 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89141 Security SIF".MG2ADD50100KF Extreme SIE M G2 Flow Software 06/01/ Increase 50K to 100K Warranty 2020 License 89142 Security SIF".MG2ADD50100KFHA Extreme SIE M G2 Flow Software 06/01/ Increase 50K to 100K HA Warranty 2020 License 89143 Security SIF".MG2ADD100KF Extreme SIE M G2 Flow Software 06/01/ Increase 100K License Warranty 2020 89144 Security SIF".MG2ADD100KFHA Extreme SIE M G2 Flow Software 06/01/ Increase I OOK HA Warranty 2020 License 89145 Security SIF".MG2CONuPT".N'r Extreme SIE M G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 Upgrade to CONSOLE linter prise 89146 Security S I 1H, MG2 C ON u PT N'r H A Extreme SIE M G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 HA Upgrade to CONSOLE Enterprise HA 89147 Security SII-,";IG2CON upi-,"Krp I- Extreme SIE M G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 Plus Upgrade to CONSOLE Enterprise Plus 89148 Security SI1-,".MG2CONuPT".N'rPI-H Extreme SIE M G2 Software 06/01/ A ALL Ii Enterprise Warranty 2020 Plus HA Upgrade to CONSOLE Enterprise Plus HA 89149 Security SII-,";lG21PRAEVPSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 EVP I year Subscription License 89150 Security SII-,".MG21PRVEVPSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 EVP Virtual I year Subscription License 89151 Security SII-,".MG21PRAFI-PSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 FI -P I year Subscription License 89152 Security SII-,".MG21PRVFI-PSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 FI -P Virtual I year Subscription License Attachment D Page 191 of 471 Page 472 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89153 Security SII-,";lG21PRCEPSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 Combined EVP/F[-P I ear bscription License 89154 Security Sll-,".MG21PRAPI-SS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 AllInOne or Console I year Subscription License 89155 Security Sll-,".MG21PRVIRSS Extreme Security IP Software 06/01/ Reputation Feed for STEM Warranty 2020 G2 AllInOne or Console Virtual I year Subscription License 89156 Security SII -;l G2[-SADD50 Extreme SIE M G2 Log Software 06/01/ Source Increase 50 Warranty 2020 89157 Security SII -;l G2[-SADD500 Extreme SIE M G2 Log Software 06/01/ Source Increase 500 Warranty 2020 1 89158 Security SII -;l G2[-SADDIK Extreme SIE M G2 Log Software 06/01/ Source Increase 1000 Warranty 2020 89159 Security Sll-,".MG2[-SADD5K Extreme SIE M G2 Log Software 06/01/ Source Increase 5000 Warranty 2020 89160 Security SII -;l G2[-SADDIOK Extreme SIE M G2 Log Software 06/01/ Source Increase 10000 Warranty 2020 89501 Security IPSG2SPsws,rD Extreme IPS G2 Software 06/01/ SiteProtector Standard Warranty 2020 Edition Software (5 Nodes) 89502 Security IPSG2SPswi-,".N,r Extreme IPS G2 Software 06/01/ SiteProtector Enterprise Warranty 2020 Edition Software (20 Nodes) 89503 Security IPSG2SPsWT".N'rPiTs Extreme IPS G2 Software 06/01/ SiteProtector Enterprise Warranty 2020 Plus Edition Software (Unlimited Nodes) 89506 Security IPSG2SP(JPGSE Extreme IPS G2 Software 06/01/ SiteProtector Upgrade Warranty 2020 from Standard to Enterprise Edi ti on 89507 Security IPSG2SPIJPGI-,".I-,".Pl- 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 473 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89511 Security IPSG2X3PR1 Extreme IPS G2 X3 I Year 06/01/ Standard Appliance Warranty 2020 Primary Base 400 Mbps inspected throughput Optional AI DON performance license (Max 800 Mbps) Fixed 4x lGbE RJ45 monitoring interfaces 89512 Security IPSG2X3SEC Extreme IPS G2 X3 I Year 06/01/ Standard Appliance Warranty 2020 Secondary/Fail over (Must have same configuration like Primary) 89513 Security IPSG2X4PR1 Extreme IPS G2 X4 I Year 06/01/ Enterprise Appliance Warranty 2020 Primary Base 750 Mbps inspected throughput Optional AI DON performance license (Max 1.5 Gbps) Fixed 4x lGbE RJ45 monitoring interfaces Optional Network Interface Module 89514 Security IPSG2X4SEC Extreme IPS G2 X4 I Year 06/01/ Enterprise Appliance Warranty 2020 Secondary/Fail over (Must have same configuration like Primary) 89515 Security IPSG2X5PR1 Extreme IPS G2 X5 I Year 06/01/ Enterprise Plus Appliance Warranty 2020 Primary Base 2.5 Gbps inspected throughput Optional AI DON performance license (Max 7 Gbps) Fixed 4x lGbE 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 Secondary/Fail over (Must have same configuration like Primary) Attachment D Page 193 of 471 Page 474 of 1174 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 475 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 195 of 471 Page 476 of 1174 Reputation Services Failover 89535 Security IPSG2X3PSSI-SW Extreme IPS G2 X3 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Primary 89536 Security IPSG2X3SSSI-SW Extreme IPS G2 X3 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Failover 89537 Security IPSG2X4PSSI-SW Extreme IPS G2 X4 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Primary 89538 Security IPSG2X4SSSI-SW Extreme IPS G2 X4 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Failover 89539 Security IPSG2X5PSSI-SW Extreme IPS G2 X5 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Primary 89540 Security IPSG2X5SSSI-SW Extreme IPS G2 X5 Software 06/01/ Addon License for SSL Warranty 2020 Ins pec ion Failover 89543 Security IPSG2X3PH,rpsw Extreme IPS G2 X3 400 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Primary 89544 Security IPSG2X3SH,rpsw Extreme IPS G2 X3 400 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Secondary 89545 Security IPSG2X4PH,rpsw Extreme IPS G2 X4 750 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Primary 89546 Security IPSG2X4SH,rpsw Extreme IPS G2 X4 750 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Secondary 89547 Security IPSG2X5PH,rpsw Extreme IPS G2 X5 1500 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Primary 89548 Security IPSG2X5SH,rpsw Extreme IPS G2 X5 1500 Software 06/01/ Mbps Inspection Warranty 2020 'throughput Increase Secondary Attachment D Page 195 of 471 Page 476 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89551 Security IPSG28PNMIG,rx Extreme IPS G2 Network I Year 06/01/ Module Sport IG Copper Warranty 2020 with builtin bypass 89552 Security IPSG24PNMIGSX Extreme IPS G2 Network I Year 06/01/ Module 4port IG SX Warranty 2020 Fiber with builtin bypass 89553 Security IPSG24PNMICII-X Extreme IPS G2 Network I Year 06/01/ Module 4port IG LX Warranty 2020 Fiber with builtin bypass 89554 Security IPSG22PN1 IOGSR Extreme IPS G2 Network I Year 06/01/ Module 2port I 0GbE SR Warranty 2020 Fiber with builtin bypass 89555 Security IPSG22PNMIOCII-R Extreme IPS G2 Network I Year 06/01/ Module 2port 10GbE LR Warranty 2020 Fiber with builtin bypass 89556 Security IPSG24PNMIGSFP Extreme IPS G2 Network I Year 06/01/ Module 4port IG SIP Warranty 2020 (requires transceivers) 89557 Security IPSG22PNMIOGSFP+ Extreme IPS G2 Network I Year 06/01/ Module 2port I OG SI P+ Warranty 2020 (requires transceivers) 89558 Security IPSG2D,rKICII-X Dual Transceiver Kit ICI I Year 06/01/ LX Fiber Warranty 2020 89559 Security IPSG2D,rKIGSX Dual Transceiver Kit ICI I Year 06/01/ SX Fiber Warranty 2020 89560 Security IPSG2D,rKIG,rx Dual Transceiver Kit ICI I Year 06/01/ 'rx Copper Warranty 2020 89561 Security IPSG2DTKIOGI-R Dual Transceiver Kit I OG I Year 06/01/ LR Fiber Warranty 2020 89562 Security IPSG2DTKIOGSR Dual Transceiver Kit I OG I Year 06/01/ SR Fiber Warranty 2020 89563 Security IPSG2PSIJ Power Supply Unit 460 1 Year 06/01/ WA'r'r Warranty 2020 1 338835 IRAN VSP 4000 PLDS PREM VSP 4000 PLDS Software LIC W/MACSEC LICDS PRIMIER I -ICI -,".NSE Warranty W/MACSEC LICDS 338836 IRAN VSP 4000 PLDS PREM VSP 4000 PLDS Software LICIH.NSE LICDS PRIMIER I -ICI -,".NSE Warranty LICDS 380176 IRAN VSP 8K PREM I -ICI -,".NSE VSP 8000 PLDS Software IACDS PREMIER I -ICI -,".NSE Warranty FOR I CHASSIS LICDS 380177 IRAN VSP 8K PREM LIC VSP 8000 PLDS Software W/MACSEC LICDS PREMIER I -ICI -,".NSE Warranty W/MACSEC FOR I CHASSIS LICDS Attachment D Page 196 of 471 Page 477 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 380221 FAN ERS5900 ADVANCED ERS5900 ADVANCED Software PI -S I -ICI -,".NSE I-ICDS FEA'ruRE PLDS Warranty I -ICI -,".NSE SINGLE (JNI'r OR s'rACK I-ICDS 380810 FAN VSP 9000 PLDS PREM VIRTUAL SERVICES Software I,ICI-,".NSE I-ICDS PLA' ICOR 9000 PLDS Warranty PRE, M I -ICI -,".NSE FOR I CHASSIS. I-ICDS 380811 FAN VSP 9000 PLDS PREM VIRTUAL SERVICES Software LIC W/MACSEC I-ICDS PLA' ICOR 9000 PLDS Warranty PREMIER I -ICI -,".NSE W/MACSEC I-ICDS 383168 FAN ERS5900 MACSEC PLDS ERS5900 MACSEC Software I,ICI-,".NSE PLDS I -ICI -,".NSE SINGLE Warranty (JNI'r OR s'rACK I-ICDS 383770 FAN ERS5900 MACSEC ADV ERS5900 MACSEC Software PLDS LIC PLUS ADVANCED Warranty PLDS LIC SINGLE (JNI'r OR s'rACK I-ICDS 383772 FAN ERS4900 ADVANCED ERS4900 ADVANCED Software PLDS I -ICI -,".NSE I-ICDS PLDS I -ICI -,".NSE SINGLE Warranty (JNrr OR s'rACK I-ICDS 386914 FAN VSP 7200 PORT I -ICI -,".NSE VSP 7200 PORT Software LICDS I -ICI -,".NSE FOR I Warranty swrrCH I-ICDS 392259 FAN VSP8600 IOC BASE VSP8600 IOC BASE Software LICDS I-ICDS Warranty 392670 FAN VSP8600 CHAS I -3V VSP8600 CHAS I -3V Software LICDS I-ICDS Warranty 392671 FAN VSP8600 CHAS VSP8600 CHAS Software I,3V+MACSEC I-ICDS I-3V+MACSEC I-ICDS Warranty 9372065 Cables/Co ASSY CBI-RJ45 TO ASSY CBI -,RJ -45 TO RJ- I Year nnectivity RJ45/ADAP,rERSPVC. US 45/ADAP,rERS,PVC. US Warranty 700511668 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 0.51 CABLE 0.51 Warranty 700511669 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 1.51 CABLE 1.51 Warranty 700511670 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 3.O1 CABLE 3.O1 Warranty 700511671 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 5.01 CABLE 5.01 Warranty 700512239 FAN PDIJ POWER CORD IEC POWER I Year C13C14 31 USA Dls,rRlBtj,rION (JNI'r Warranty POWER CORD IEC C Attachment D Page 197 of 471 Page 478 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 700512240 FAN PDIJ POWER CORD IEC POWER I Year C14CI5 31 USA Dls,rRlBtj,riON (JNI'r Warranty POWER CORD IEC C 700512241 FAN PDIJ POWER CORD IEC POWER I Year CBC14 31 IN'ri- Dls'rRIBu'rlON UNI'r Warranty POWER CORD IEC C 700512242 FAN PDIJ POWER CORD IEC POWER I Year C14CI5 31 IN'ri- Dls'rRIBu'rlON UNI'r Warranty POWER CORD IEC C 700512588 FAN ERS3600 STACKING ERS3600 STACKING I Year CABLE 0.51 CABLE 0.51 Warranty 700512589 FAN ERS3600 STACKING ERS3600 STACKING I Year CABLE LOM CABLE 1.01 Warranty 700512595 FAN RACK MO(JN'r ERS3600 RACK MO(JN'r Kl'r I Year ERS4900 ERS5900 'rwo Pos'r SII PORTS Warranty ERS3600 ERS4900 ERS5900 08A -CON- Fixed 1-2 800 SERIES CONSOLE No 12/31/ CBL CABLE Kl'r Warranty 2022 08A -RPS- Fixed 1-2 130W POE RPS FORTPT Limited 12/31/ 130P 08G20G208P swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08A -RPS- Fixed 1-2 150W RPS FOR 24/48 Limited 12/31/ 150 PORT Boo SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08A -RPS -24 Fixed 1-2 RPS FOR 08G20G208 No 12/31/ swrrCH Warranty 2022 08A -RPS- Fixed 1-2 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 479 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 199 of 471 Page 480 of 1174 Replacern ent-2 08G20G2-08 Fixed 1-2 8 PORT 16/166/1666 8 PORT 16/166/1666 Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08G20G2- Fixed 1-2 8 PORT 10/100/1000 POE 8 PORT 16/166/1666 Limited 12/31/ 08P 800SERIES swrrCH POE 800SERIES Lifetime 2022 swrrCH Warranty with express Advanced Hardware Replacern ent-2 08G20G4-24 Fixed 1-2 24 PORT 16/166/1666 24 PORT 16/166/1666 Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08G20G4- Fixed 1-2 24 PORT 10/100/1000 POE 24 PORT 16/166/1666 Limited 12/31/ 24P 800SERIES POE 800SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08G20G4-48 Fixed 1-2 48 PORT 16/166/1666 48 PORT 16/166/1666 Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 199 of 471 Page 480 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 200 of 471 Page 481 of 1174 Replacern ent-2 08G20G4- Fixed 1-2 48 PORT 10/100/1000 POE 48 PORT 16/166/1666 Limited 12/31/ 48P 800SERIES POE 800SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4-24 Fixed 1-2 24 PORT To/Too 24 PORT To/Too Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4- Fixed 1-2 24 PORT 10/100 POE 24 PORT 10/100 POE Limited 12/31/ 24P 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4-48 Fixed 1-2 48 PORT To/Too 48 PORT To/Too Limited 12/31/ 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08H20G4- Fixed 1-2 48 PORT 10/100 POR 48 PORT 10/100 POR Limited 12/31/ 48P 800SERIES swrrCH 800SERIES swrrCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 200 of 471 Page 481 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 201 of 471 Page 482 of 1174 Replacern ent-2 10051H Optics 1000BASESX SFP Hi 1000BASESX SFP MMIC I Year 220 550 meters LC Warranty connector Industrial 'hemp 10052H Optics 1000BASELX SI P Hi 1000BASELX SI P MMIC I Year 220 550 meters SMF Warranty lOkm LC connector Industrial 'remp 10053H Optics 1000BASEZX SI P Hi 1000BASEZX SIP SMF I Year 70km LC connector Warranty Industrial 'remp 10056H Optics 1000BASEBXD Bi Di SIP 1000BAS1-,".BXD SIP I Year Hi 1490nm 'rx/1 3 1 Onm RX Warranty wavelength Industrial 'hemp 10057H Optics 1000BASEBXI1 Bi Di SIP 1000BAS1-,".BX(1 SIP I Year Hi 13 1 Onm 'rx/1 490nm RX Warranty wavelength Industrial 'hemp 10060H Optics 100[ -X/1000[ -X SFP Hi Dual speed 100 I -X / 1000 1 Year I -X SIP LC connector Warranty Industrial 'remp 10070H Optics 10/100/1000BASET SIP 10/100/1000BASET SIP I Year Hi module CA'r5 cable 100m Warranty link RJ45connector for Giga Bit Ethernet SI P Port Industrial'hem 10071H Optics 1000BASESX SIP 10 Pack 1000BASESX SIP 10 1 Year Hi Pack Industrial'hem Warranty 10072H Optics 1000BASELX SIP 10 Pack 1000BASELX SIP 10 1 Year Hi Pack Industrial'hem Warranty I IOOFX-SFP- SRA 100BASEFX IR SIP l00BAS1-,­TX IR SIP I Year 10/31/ IR -OM oP'rIC FOR SMI W/ LC C op'rw FOR SMI W/ LC Warranty 2024 C IOOFX-SFP- SRA 100BASEFX LR SIP l00BAS1-,­TX LR SIP I Year 10/31/ I,R-OM oP'rIC FOR SMI W/ LC op'rw FOR SMI W/ LC Warranty 2024 CO CO IOOFX-SFP- SRA 100BASEFX SIP onic l00BAS1-,­TX SIP orric I Year 10/31/ OM MMI' [.0 CONN oni MMIC LC CONN oni Warranty 2024 IOOFX-SFP- SRA 100BASEFX SI P MMIC I 00BASIH1 X SF P MMIC I Year 10/31/ OM -8 I.0 CONN 8 PK LC CONN 8 PK Warranty 2024 1 l00G-CIP2- SRA 1000 BE CFP2 100 GbE CI P2 optic (I -C) I Year 10/31/ ER4-40KM (I-C)ER44OKM OVER E for distances up to 40 Warranty 2024 SMF km over SMF Attachment D Page 201 of 471 Page 482 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 100G-CFP2- SRA 100CIF"h, CI P2 I-R410KM 100 GbE CF P2 optic (I -C) I Year 10/31/ I, 4-10I onics i PACK L for distances up to 10 Warranty 2024 km over SMF 100G-CFP2- SRA 100CIF"", CFP2 SR OPTICS 1 100 GbE CFP2 optic I Year 10/31/ SR10 PACK SR10 for distances up to Warranty 2024 100 rn over MMIC I pack 100G- SRA I 00GBASE CWDM4 100 GbE QS P28 optic I Year 10/31/ QSFP28- QSFP -rRANS I -C 2K1 (I -C} CWDM4 for Warranty 2024 CWDM4- OVERSM distances up to 2 km over 2KM SMF 100G- SRA 100GBE QSFP28 100 GbE QSFP28 optic I Year 10/31/ QSFP28- (LC)I-R4i-rrE2 KM OVER (I -C} LR41-ite for Warranty 2024 1,R4[--2KM SM distances up to 2 km over SMF 100G- SRA INN QSFP28 LR4 100 GbE QSFP28 optic I Year 10/31/ QSFP28- LOWPOWER 10K1 (I -C} L low power for Warranty 2024 I,R4-I-P- OVERSMI distances up to 10 km l0KM over SMF 100G- SRA 100GBE QS P28 (m-rP 100 GbE QS P28 optic I Year 10/31/ QSFP28-SR4 IX12)SR41001 MMF (m'rP 1x12) SR4 for Warranty 2024 distances up to 100 rn over MMIC IOOG-QSFP- SRA 100G13 QSFP TO 4 SI P28 100CIF"h, Direct Attached I Year 10/31/ 4SFP-P-0101 PASSIVE DACIM QS P28 to 4 Si P28 Warranty 2024 Passive Copper cable Im 12ack IOOG-QSFP- SRA 100G13 QSFP TO 4 SI P28 100CIF"h, Direct Attached I Year 10/31/ 4SFP-P-0301 PASSIVE DAC3M QS P28 to 4 Si P28 Warranty 2024 Passive Copper cable 3m 12ack IOOG-QSFP- SRA 100GBASESR4 100GBASEESR4 QSFP+ I Year 10/31/ ESR4 QSFP+(MOD(JI-E) 300M optic (m'rP N8 or 1x12) Warranty 2024 300m over MMIC 1pack IOOG-QSFP- SRA 100G13 QSFP DIRECT 100CIF"h, Direct Attached I Year 10/31/ QSFP-AOC- AvrACH AOC 10M QSFP+ to QSFP+ Active Warranty 2024 1001 Optical Cable 10m 1pack IOOG-QSFP- SRA INN QSFP PASSIVE 100CIF"", Passive Direct I Year 10/31/ QSFP-P- DIRE, ur ArrACH Attached QSFP28 to Warranty 2024 0101 CABLEI QSFP28 Active Copper cable Im 1pack IOOG-QSFP- SRA 100G13 QSFP PASSIVE 100CIF"", Passive Direct I Year 10/31/ QSFP-P- DIRE, ur ArrACH Attached QSFP28 to Warranty 2024 0301 CABLE3 QSFP28 Active Copper cable 3m 1pack Attachment D Page 202 of 471 Page 483 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOOG-QSFP- SRA 100GB QSFP PASSIVE 100CIF"", Direct Attached I Year 10/31/ QSFP-P- DIRE, ur ArrACH QSFP28 to QSFP28 Warranty 2024 0501 CABLE5 Passive Copper cable 5m I pack 10313A Optics 3m QSFP+ Passive Copper 40 Gigabit Ethernet I 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 'remparture with Range from 10 to +50 express degrees Celsius Advanced Hardware Replacern ent IOGB-4- Modular 4XIOC113 SF P+ TO QSFP 4XI00113 SFP+ TO QSFP I Year CO3-QSFP Interfaces CIJ CABLE 3M CIJ CABLE 3M Warranty IOGB-4-F20- Modular 4XIOC113 SFP+ TO QSFP I Year 12/31/ QSFP Interfaces FIBER CABLE 201 Warranty 2019 IOGBASE- Modular 10 C113E EXTT".NDED I Year 03/31/ ER-XFP Interfaces REACH XIP Warranty 2020 IOGBASE- Modular 10 C113E I -(3i REACH I Year 03/31/ 1,R-X[,'P Interfaces XI P Warranty 2020 IOGBASE- Modular 10 C113E SHORT REACH I Year 03/31/ SR -XIP Interfaces XI P Warranty 2020 IOGBASE- Modular I OC113ASE ZR XIP 8OKM I Year 06/12/ ZR-XFP Interfaces onic Warranty 2020 10GB-BX10- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year D Interfaces D 10 ISM SM, -D 10 KM Warranty I 10GB-BX10- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year (i Interfaces U 10 KM SM, -IJ 10 KM Warranty 10GB-BX40- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year D Interfaces D 40 KM SM, -D 40 KM Warranty 10GB-BX40- Modular 10 G13 SINGLE FIBER SM 10 G13, SINGLE FIBER I Year (i Interfaces U 40 KM SM, -IJ 40 KM Warranty 10GB-001- Modular SFP+ PLUGGABLE SFP+ PLUGGABLE I Year SI PP Interfaces COPPER CABLE IM COPPER CABLE IM Warranty 10GB-0O3- Modular SFP+ PLUGGABLE SFP+ PLUGGABLE I Year SI PP Interfaces COPPER CABLE 3M COPPER CABLE 3M Warranty l0GB-C10- Modular SFP+ PLUGGABLE SFP+ PLUGGABLE I Year SI PP Interfaces COPPER CABLE 101 COPPER CABLE 101 Warranty IOGB-ER21- Modular 10G13 SI PP DWDM I Year 05/30/ SI PP Interfaces CHANNEL 2140 KM Warranty 2024 Attachment D Page 203 of 471 Page 484 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOGB-ER23- Modular I OC113ER DWDM CH23 I Year 05/30/ SI PP Interfaces SI P+ Warranty 2024 IOGB-ER24- Modular 10G13 SI PP DWDM I Year 05/30/ SI PP Interfaces CHANNEL 24 40 KM Warranty 2024 IOGB-ER29- Modular I OC113ER DWDM CH29 I Year 05/30/ SI PP Interfaces SFP+ Warranty 2024 1 IOGB-ER31- Modular 10G13 SI PP DWDM l0G13 SFPP, DWDM, I Year SI PP Interfaces CHANNEL 3140 KM CHANNEL 31,40 KM Warranty IOGB-ER33- Modular 10G13 SI PP DWDM I Year 05/30/ SI PP Interfaces CHANNEL 33 40 KM Warranty 2024 10G13- Modular 10 G13 lG13 DUAL RATE 10 G13 lG13 DUAL RATE I Year ERE,X-SIPP Interfaces ER EX SMF ER EX SMF Warranty l0G13-ER- Modular IOC113ASE ER SFP+ (40) IOC113ASE ER SI P+ I Year SI PP Interfaces (40K) Warranty I 10GB-F10- Modular 10 G13 ACTIVE OPTICAL 10 G13, ACTIVE I Year SI PP Interfaces DAC 10 M op -MCAT DAC, 10 M Warranty 10GB-F20- Modular 10 G13 ACTIVE OPTICAL 10 G13, ACTIVE I Year SI PP Interfaces DAC 20 M op -MCAT DAC, 20 M Warranty 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ 1,R271-SFPP Interfaces 1271N1 Warranty 2024 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ 1,R291-SFPP Interfaces 1291N1 Warranty 2024 1 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ LR31 I-SFPP Interfaces 1311N1 Warranty 2024 10G13- Modular 10G13 CM LR SI P+ I Year 05/30/ 1,R331-SFPP Interfaces 1331N1 Warranty 2024 10G13- Modular 10G13 lG13 DUAL RATE 10G13, lG13 DUAL RATE I Year 1,RI,X-SFPP Interfaces LR I -X SMF LR I -X SMF Warranty I0C113-[-RM- Modular IOC113ASEI-RM SI P+ I0C113ASE-I-RM SI P+ I Year SI PP Interfaces 2201 MM op,ric 2201 mm op, IC Warranty I0C113-[-RM- Modular 10G13 L RM MM SF P+ 10G13, I -RM, MM, SFP+, I Year SI PP -G Interfaces FAA FAA Warranty 10G13 -I -R- Modular 10 C113ASEI-R SI P+ 10K 10 GBASE-I-R SI P+ 10K I Year SI PP Interfaces sm op,ric sm orric Warranty 10G13 -I -R- Modular 10G13 LR SM SFP+'rAA 10G13, I - R, SM, SFP+, I Year SI PP -G Interfaces FAA Warranty 10G13 -SR- Modular C113ASESR SFP+ 33/82M C113ASE-SR SFP+ I Year SI PP Interfaces mm orric 33/82M mm op,ric Warranty 10G13 -SR- Modular 10G13 SR MM SFP+'rAA 10G13, SR, MM, SFP+, I Year SI PP -G Interfaces FAA Warranty 100113- Modular 10G13 lG13 DUAL RATE 10G13, lG13 DUAL RATE I Year SRSX-SFPP Interfaces SR SX MMIC SR SX MIT Warranty I0C113-(1SR- Modular BUNDLE OF 48 1 Year 04/03/ 48PK Interfaces I0C!13(1SRSFPP Warranty2023 I0C113-(1SR- Modular 10G13 IOC113ASEI1SR I Year SI PP Interfaces MMIC SIS P+ Warranty2022 Attachment D Page 204 of 471 Page 485 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOC!13-ZR- Modular IOG13 8OKM SI P+ IOG13 8OKM SI P+ I Year SI PP Interfaces Warranty IOG-SIP- SRA CBi-6P'rICAI,7MSFP+DI CBi-6P'NCAI,7MSFP+D I Year 10/31/ AOC -0701 REC'rIOGAC'riVEI P IREC'riOGAC'riVEI P Warranty 2024 IOG-SIP- SRA CBi-6P'rICAIIOMSIS P+D CBi-6P'NCA[-IOMSFP+ I Year 10/31/ AOC -1001 iREc'rIOGAC'riVEI DIREC'riOGAC'riVEI Warranty 2024 1 IOG-SIP- SRA 10CIF", LR SI P+ onic 10CIF", LR SFP+ onic I Year 10/31/ BXD-S (I -C) BIDIRr,.c-rIONAI. (I -C) BIC IREC-rIONAL Warranty 2024 DO DO IOG-SIP- SRA LOGE, LR SI P+ onic LOGE, LR SFP+ onic I Year 10/31/ BX(J-S (I -C) BIDI RE, crIONAL (I -C) BIDIREC-rIONAL Warranty 2024 tip tip IOG-SFP-ER SRA IOGBASE"I,"R SFP+ onic IOGBASE"I,"R SFP+ I Year 10/31/ (i-qup -rO 40KM op-ric (i-qup -ro Warranty 2024 40KM IOG-SIP- SRA IOGBASE"I,"R SI P+ onic 1ocii3ASE"I,"R SFP+ I Year 10/31/ ER -2 (I -C )40KM 2PACK op-ric (I -C )40KM Warranty 2024 2PACK IOG-SIP-I-R SRA IOGBASELRSIS P+ onic IOGBASELRSIS P+ I Year 10/31/ (I -C) IO M SMF op-ric (I-C)IOKM SMF Warranty 2024 IOG-SIP- SRA IOC113ASEI-RSPP SMF IOC113ASEI-RSFPP SMF I Year 10/31/ I, -8 I -C CONNEC'rOR 8PACK LC CONNEC'rOR Warranty 2024 8PACK IOG-SFP- SRA IOC113ASEI-RM 1310NM IOC113ASEI-RM 1310NM I Year 10/31/ LRM SI P+ op-ric (i -c) -rAR SI P+ op-ric (i-c),rAR Warranty 2024 IOG-SFP- SRA IOC113ASEI-RM SFP+ IOC113ASEI-RM SI P+ I Year 10/31/ LRM -8 op-ric (I-C)220M 8PACK Cap-IC(I-C)220M Warranty 2024 8PACK IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ I, -S (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ 1,R -S8 (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ I, -SA (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIP- SRA IOC113ASEI-R SI P+ onic IOC113ASEI-R SFP+ I Year 10/31/ 1,R-SA8 (I-C)IOKM OVERSMF op-ric (I-C)IOKM Warranty 2024 OVERSMI IOG-SIPP- SRA I OCIE", IJ S R SF P+ HIGH LOGE, (JSR SFP+ optic I Year 10/31/ I1SR-8-E RX si-,"mrrivi'm PAC (I -C) w/ 13dBrn Rx Warranty 2024 sensitivity 100m over I MMIC 8pack I I IOG-SIPP- SRA IOGE-, (JSR SFP4-HIGH RX � LOGE, (JSR SFP+ optic I Year I � (JSR-E si-,"mrrivrryi PACK (I -C) w/ 13dBrn Rx Warranty 2024 Attachment D Page 205 of 471 Page 486 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 206 of 471 Page 487 of 1174 sensitivity 100m over MMIC 1pack lOG-SISP-SR SRA lOGBASESRSFP+ opTic lOGBASESRSFP+ I Year 10/31/ -C300M MMIC op-ric (I-C)300M MMIC Warranty 2024 lOG-SIP- SRA IOC113ASESRSFPP MIT IOC113ASESRSFPP MMF I Year 10/31/ SR -8 I -C CONNEC'rOR 8PACK LC CONNEC'rOR Warranty 2024 8PACK lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR -S SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR -S8 SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR -SA SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA IOC113ASESR IOC113ASESR I Year 10/31/ SR-SA8 SFP+oP-rIC([-C) 300M SFP+oP-riC([-C) 3001 Warranty 2024 MMI' Sr[ MMFs,rD lOG-SIP- SRA DIRE, ur ATTACHED DIRECT ATTACHED I Year 10/31/ ,rwx-oioi SFPP COPPERIMI PACK SFPP Warranty 2024 COPPERIMIPACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT ATTACHED I Year 10/31/ 'rwx-om SI PP COPPERIN18PACK SI PP Warranty 2024 COPPERIN18PACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT ATTACHED I Year 10/31/ ,rwx-0301 SI PP COPPER3MI PACK SI PP Warranty 2024 COPPER3MIPACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT Ar[ TAC -1-11,"D I Year 10/31/ ,rwx-0308 SI PP COPPER38PACK SI PP Warranty 2024 COPPER3M8PACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT Ar[ TAC -1-11,"D I Year 10/31/ ,rwx-0501 SF PP CO P PER5M I PACK SI PP Warranty 2024 COPPER5MIPACK lOG-SIP- SRA DIRE, ur ATTACHED DIRECT Ar[ TAC -1-11,"D I Year 10/31/ ,rwx-0508 SI PP COPPER58PACK SI PP Warranty 2024 COPPER5M8PACK lOG-SFP- SRA IOGF,". SIS P+CMAC IOGF,". SFP+DAC I Year 10/31/ ,rwx-p- CABLEIM IPACK CAB LE I M I PACK Warranty 2024 0101 PASSIVE PASSIVE lOG-SIP- SRA IOGF,", SI P+ DAC CABLE IOGF,", SI P+ DAC I Year 10/31/ ,rwx-p- IM 8PACK PASSIVE CABLE IM 8PACK Warranty 2024 0108 PASSIVE lOG-SIP- SRA IOGF,", SI P+ DAC CABLE IOGF,", SI P+ DAC I Year 10/31/ ,rwx-p- 3M I PACK PASSIVE CAB LE 3M I PACK Warranty 2024 0301 PASSIVE Attachment D Page 206 of 471 Page 487 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOG-SIS P- SRA 10CIF". SI P+ DAC CABLE IOGIH. SI P+ DAC I Year 10/31/ 'rwx-P- 3M 8PACK PASSIVE CABLE 3M 8PACK Warranty 2024 0308 PASSIVE 10G-SFP- SRA IOGIH. SI P+ DAC CABLE IOGIH. SI P+ DAC I Year 10/31/ 'rwx-P- 5M I PACK PASSIVE CAB LE 5M I PACK Warranty 2024 0501 PASSIVE 10G-SFP- SRA IOGIH. SI P+ DAC CABLE IOGIH. SI P+ DAC I Year 10/31/ 'rwx-P- 5M 8PACK PASSIVE CABLE 5M 8PACK Warranty 2024 0508 PASSIVE 10G-SFP- SRA SI P+ IOG (JSR OPTIC I SI P+ IOG (JSR OPTIC I I Year 10/31/ (JSR PK BR PK BR Warranty 2024 10G-SFP- SRA SI P+ IOG (JSR OPTIC 8 SI P+ IOG (JSR OPTIC 8 1 Year 10/31/ (JS t-8 PK BR PK BR Warranty 2024 10G-SFP- SRA 10CHH, (JSR SFP+ onic 10CHH, (JSR SI P+ orric I Year 10/31/ (JSR-SA (I-C)RANGIH. 1001 MIDI (I-C)RANGE 1001 MMIC Warranty 2024 1 10G-SFP- SRA 10CHH, (JSR SFP+ OPTIC 10CHH, (JSR SI P+ OPTIC I Year 10/31/ (JS R-SA8(I-C)RANGIH. 1001 MIDI (I-C)RANGE 1001 MMIC Warranty 2024 IOG-SIP-ZR SRA l0GBASEZRSIS P+ OPTIC I 0GBAS1-,".ZRSFP+ I Year 10/31/ (i-qup -ro 8OKM op-ric (i-qup -ro Warranty 2024 8OKM 10G-SFP- SRA l0GBAS1-,".ZR SI P+ OPTIC TociBAS1-,".ZR SFP+ I Year 10/31/ ZR -2 (I-C)80M 2PACK op-ric (I-C)80M Warranty 2024 2PACK 10G-SFP- SRA l0GBAS1-,".Z-E l0GBAS1-,".ZRD I Year 10/31/ zRD-,r DWI M 80 KM SFP+ 'r(JNABLE DWI M 80 Warranty 2024 KM SI P+ IOG-X[,'P- SRA 10 GB E XIP Pluggable 10GbE XIP I Year 10/31/ 1310 -1 -RM 'rRANSCEIVER IJP,ro transceiver (I -C) 1310 nm Warranty 2024 220 MM FIBER serial for use on multimode fiber (FDDIgrade) up to 220 meters MM fiber compatible with IOC113ASEI-RM optics IOG-X[,'P- SRA OPTIC IOC113E ER XIP 1550nm serial pluggable I Year 10/31/ ER SMFI.0 CONNEC'rOR XIP optic (I -C) for up to Warranty 2024 40km over SMF IOG-X[,'P- SRA OPTIC IOC113E LR XIP 13 1 Onm serial p] uggabl e I Year 10/31/ LR SMFI.0 CONNEC'rOR XIP optic (I -C) for up to Warranty 2024 I Okm over SMF IOG-X[,'P- SRA OPTIC IOC113E LR XIP 13 1 Onm serial p] uggabl e I Year 10/31/ I,R-4 SMFI.0 CONN 4PK XIP optic (I -C) for up to Warranty 2024 I Okm over SMF 4 Pack 10G-XFP-SR SRA OPTIC I00113E SR XIP 850nm serial pluggable I Year 10/31/ MMFI.0 CONNEC'rOR XIP optic (I -C) target Warranty 2024 range 300m over MMIC Attachment D Page 207 of 471 Page 488 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOG-Xf,'P- SRA onic IOC113E SR XFP 850nm serial pluggable I Year 10/31/ SR -4 MMFLC CONN 4PK XFP optic (I -C) 4 Pack Warranty 2024 target range 300m over MMIC IOG-Xf,'P- SRA onic IOC113E ZR XIP 1550nm serial pluggable I Year 10/31/ ZR SMI LC: CONNEC'rOR XIP optic (I -C) for up to Warranty 2024 80km over SMF 16172'r Summit X450G224tGI-,".4FB'rAA 24 10/100/1000BASET 4 Limited 1000BASEX unpopulated Lifetime SIP two 214I1 stacking Warranty ports (QSFP) I Fixed AC with PSIJ I RPS port fan express module FronttoBack Advanced ExtremeXOS Edge Hardware license w Policy Replacern ent-2 16173'r Summit X450G224pGI-,".4FB715'rA 24 10/100/1000BASET Limited A POE 4 1000BASEX Lifetime unpopulated SIP two Warranty 21CIb stacking ports with (QSFP) 2 power supply express slots populated with Advanced 715W PS fan module Hardware FronttoBack ExtremeXOS Replacern Edge license w Policy ent-2 16177'r Summit X450G224pI0GE4FB715'r 24 10/100/1000BASET Limited AA POE 4 IOC113ASEX Lifetime unpopulated SI P+ two Warranty 21CIb stacking ports with (QSFP) 2 power supply express slots populated with Advanced 715W PS fan module Hardware FronttoBack ExtremeXOS Replacern Edge license w Policy ent-2 16179'r Summit X450G248pI0GE4FBII00 48 10/100/1000BASET Limited ,FAA POE 4 IOC113ASEX Lifetime unpopulated SI P+ two Warranty 21CIb stacking ports with (QSFP) 2 power supply express slots populated with Advanced I 100W PS fan module Hardware FronttoBack ExtremeXOS Replacern Edge license w Policy ent-2 Attachment D Page 208 of 471 Page 489 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 1630rr Summit Summit X48048TFAA 48 10/100/1 OOOBASET 4 1 Year 12/31/ 100/1000BASEX Warranty 2023 unpopulated SIP (shared) No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 'rrade Agreement Act compliant model. 16303'r Summit Summit X48024x,rAA 24 100/1000BASEX I Year 12/31/ unpopulated SIP 12 Warranty 2023 10/100/1000BASE'r (shared) 2 unpopulated XIP ports No PSIJ with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 'rrade Agreement Act compliant model. 16304'r Summit Summit X48048x,rAA 48 100/1000BASEX I Year 12/31/ unpopulated SI P No PSIJ Warranty 2023 with two unpopulated PSIJ slots one VIM2 slot ExtremeXOS Advanced Edge license 'rrade Agreement Act compliant model. 1640rr Summit Summit X46024TFAA 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SIP (4 24 Warranty 10/100/1000BASE'r 8 with 100/1000BASEX express unpopulated SIP (4 SIP Advanced ports shared with Hardware 10/100/1000BASE'r Replacern ports) XCIM3 slot ent Stacking module slot 30OW AC PSIJ with one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 'rrade Agreement Act compliant model. Attachment D Page 209 of 471 Page 490 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16402'r Summit Summit X46048TFAA 48 10/100/1 OOOBASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 30OW AC PSIJ with one express unpopulated PSIJ slot Fan Advanced Module ExtremeXOS Hardware Edge License 'rrade Replacern Agreement Act compliant ent model. 16403'r Summit Summit X46024p,rAA 24 10/100/1000BASE'r Limited 06/30/ PoEplus 8 Lifetime 2022 100/1000BASEX Warranty unpopulated SIP (4 SIP with ports shared with express 10/100/1000BASE'r Advanced ports) XCIM3 slot Hardware Stacking module slot Replacern 750W AC Pot, PSIJ with ent one unpopulated PSIJ slot Fan Module ExtremeXOS Edge License 'rrade Agreement Act compliant model. 16405'r Summit Summit X46024x'FAA 24 100/1000BASEX Limited 06/30/ unpopulated SIP 8 Lifetime 2022 10/100/1000BASE-r (4 Warranty 10/100/1000BASE'r ports with shared with SIP ports) express XCIM3 slot Stacking Advanced module slot 30OW AC Hardware PSIJ with one Replacern unpopulated PSIJ slot Fan ent Module ExtremeXOS Edge License 'rrade Agreement Act compliant model. 16406'r Summit Summit X46048x,rAA 48 100/1000BASEX Limited 06/30/ unpopulated SIP XGM3 Lifetime 2022 slot Stacking module slot Warranty 30OW AC PSIJ with one with unpopulated PSIJ slot Fan express Module ExtremeXOS Advanced Edge License 'rrade Hardware Agreement Act compliant Replacern model. ent Attachment D Page 210 of 471 Page 491 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 1650rr Summit Summit X4408t'rAA 8 10/100/1000BASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP SummitStack Warranty Stacking ports I AC PSIJ with ExtremeXOS Edge express license'rAA model Advanced Hardware Replacern ent 16502'r Summit Summit X4408p,rAA 8 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP Warranty SummitStack Stacking with ports I AC PSIJ express ExtremeXOS Edge Advanced license'rAA model Hardware Replacern ent 16503'r Summit Summit X44024t,rAA 24 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) Summit Stack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 'rAA model 16504'r Summit Summit X44024p,rAA 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) Summit Stack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 'rAA model 16505'r Summit Summit X44048t,rAA 48 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) SummitStack express Stacking ports I AC PSIJ Advanced ExtremeXOS Edge Hardware Attachment D Page 211 of 471 Page 492 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 212 of 471 Page 493 of 1174 license connector for Replacern external power supply ent 'rAA model 16506'r Summit Summit X44048p,rAA 48 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASE'r express ports) Summit tack Advanced Stacking ports I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 'rAA model 16507'r Summit Summit X44024tI0G'rAA 24 10/100/1000BASE'r 4 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (4 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 I0C113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 'rAA model 16568'r Summit Summit X44024p I OGTAA 24 10/100/1000BASET Limited 03/31/ PoEplus 4 IOOOBASEX Lifetime 2022 unpopulated SIP (4 SIP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 I0C113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply 'rAA model 16569'r Summit Summit X44048tI0G'rAA 48 10/100/1 OOOBASET 2 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SIP (2 SIP ports shared Warranty with 10/100/1000BASE'r with ports) 2 I0C113ASEX express SI P+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacern external power supply ent 'rAA model Attachment D Page 212 of 471 Page 493 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 165 io'r Summit Summit X44048p I OGTAA 48 10/100/1000BASET Limited 03/31/ PoEplus 2 IOOOBASEX Lifetime 2022 unpopulated SFP (2 SFP Warranty ports shared with with 10/100/1000BASE'r express ports) 2 IOC113ASEX Advanced SI P+ I AC PSIJ Hardware ExtremeXOS Edge Replacern license connector for ent external power supply ,FAA model 1653 Tr Summit X440G212p I OGE4'rAA X440G2 12 Limited 10/100/1000BASE'r Lifetime POET 4 1 GbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license'rAA model Replacern ent-2 16532'r Summit X440G224tIOC!I-,".4'rAA X440G2 24 Limited 10/100/1000BASE'r 4 Lifetime SIP combo 4 lGbE Warranty unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license'rAA model Replacern ent-2 16533'r Summit X440G224pIOGE4'rAA X440G2 24 Limited 10/100/1000BASE'r Lifetime POE 4 SIP combo 4 Warranty lGbE unpopulated SIP with upgradable to I OGbE express SFP+ I Fixed AC PSIJ I Advanced RPS port ExtremeXOS Hardware Edge license'rAA model Replacern ent-2 16535'r Summit X440G248pIOGE4'rAA X440G2 48 Limited 10/100/1000BASE'r Lifetime POE 4 SIP combo 4 Warranty lGbE unpopulated SIP with upgradable to I OGbE express SI P+ (2 combo/2 Advanced noncombo) 2 lGbE Hardware copper combo upgradable Attachment D Page 213 of 471 Page 494 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 214 of 471 Page 495 of 1174 to lOGbE I Fixed AC Replacern PSIJ I RPS port ent-2 ExtremeXOSrAA model 165387 Summit X440G224xlOGE4,rAA X440G2 24 unpopulated Limited 1000BASEX SIP (4 Lifetime combo) 4 10/100/1000 Warranty combo 4 1 GbE with unpopulated express SI Pup to lOGbE Advanced SFP+ I Fixed AC PSIJ I Hardware RPS port ExtremeXOS Replacern Edge licenserAA model ent-2 167037 Summit X460G224p I OGE4FB715T 24 10/100/1000BASET Limited AA POE 4 IOC113ASEX Lifetime unpopulated SI P+ Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with 715W PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16704T Summit X460G248plOGE4FBIIOO 48 10/100/1000BASET Limited ,FAA POE 4 IOC113ASEX Lifetime unpopulated SI P+ Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with I 10OW PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16705T Summit X460G224x I OGIH.417BAur 24 SIP 4 IOC113ASEX Limited AA unpopulated SI P+ Rear Lifetime VIM Slot (unpopd) Rear Warranty 'riming Slot (unpopd) 2 with power supply slots express populated with 30OW PS Advanced fan module FronttoBack Hardware ExtremeXOS Advanced Replacern Edge license with Policy ent-2 Attachment D Page 214 of 471 Page 495 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 215 of 471 Page 496 of 1174 with EXOS Release 22.1 or greater 16706T Summit X46001248x I OGIH.417BAur 48 SIP 4 IOC113ASEX Limited AA unpopulated SIP + Rear Lifetime VIM Slot (unpopd) Rear Warranty 'riming Slot (unpopd) 2 with power supply slots express populated with 30OW PS Advanced fan module FronttoBack Hardware ExtremeXOS Advanced Replacern Edge license with Policy ent-2 with EXOS Release 22.1 or greater 1671or Summit Summit X4600.12 rAAcompliant Optional Limited VIM2qrAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty providing 2 400113ASEX with ports unpopulated QSFP+ express Advanced Hardware Replacern ent-2 1671 IT Summit Summit X4600.12 TAAcompliant Optional Limited VIM2xrAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty providing 2 IO0113ASEX with ports unpopulated SIP + express Advanced Hardware Replacern ent-2 16712T Summit Summit X4600.12 TAAcompliant Optional Limited VIM2trAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty providing 2 IOGBASE'r with ports express Advanced Hardware Replacern ent-2 16713T Summit Summit X4600.12 TAAcompliant Optional Limited VIM2ssrAA Virtual Interface Module Lifetime for the rear of the X4600.12 Warranty with Attachment D Page 215 of 471 Page 496 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 216 of 471 Page 497 of 1174 providing 2 ports of express Extremes SummitStack Advanced Hardware Replacern ent-2 167157 Summit Summit X4600.12 TAAcompliant Optional Limited ,rmc[-K,rAA 'riming Module for the Lifetime rear of the X4600.12 Warranty providing the hardware with for SyncE and 1588 PrP express clocking with 2 ports of Advanced miniBNC connectors for Hardware clocking outputs Replacern ent-2 167167 Summit X46001224tGE4FBACTAA 24 10/100/1000BASET 4 Limited 1000BASEX unpopulated Lifetime SIP Rear VIM Slot Warranty (unpopd) hear aiming with Slot (unpopd) 2 power express supply slots populated Advanced with 30OW PS fan module Hardware FronttoBack ExtremeXOS Replacern Advanced Edge license ent-2 with Policy with EXOS Release 22.1 or greater 167187 Summit X46001224p01F".4FB715TA 24 10/100/1000BASET Limited A POE 4 1000BASEX Lifetime unpopulated SI P Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with 715W PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16719'r Summit X46001248pGE4FB11ooT 48 10/100/1000BASET Limited AA POE 4 1000BASEX Lifetime unpopulated SI P Rear Warranty VIM Slot (unpopd) Rear with 'riming Slot (unpopd) 2 express power supply slots Advanced populated with I 100W PS Hardware fan module FronttoBack Replacern ExtremeXOS Advanced ent-2 Attachment D Page 216 of 471 Page 497 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 217 of 471 Page 498 of 1174 Edge license with Policy with EXOS Release 22.1 or greater 167267 Summit X460G216mp32p I OGIH,41713 16 10OMb/1.0/2.5GbE Limited rAA PoE+ 32 Lifetime 10/100/1000BASE'r Warranty PoE+ 4 1000/1 OG BaseX with unpopd SI P+ ports Rear express VIM Slot (unpopd) Rear Advanced 'riming Slot (unpopd) 2 Hardware 1100 watt power supplies Replacern fan module FronttoBack ent-2 EXOS Advanced Edge license w Policy rrade Agree ent Act 16756T Summit X460G224p24hp I OGIH,41713 X4600.12 24 10/100/1000 Limited rAA full duplex PoE+ 24 Lifetime 10/100/1000 full/half Warranty duplex PoE+ 4 1000/1001 with SFP+ ports Rear VIM Slot express hear aiming Slot 2 Advanced I I OOW AC power Hardware supplies fan module Replacern FronttoBack airflow ent-2 ExtremeXOS Advanced Edge w Pohcyrrade Agree ent Act 16757T Summit X460G224t24ht1OCIF".41713T X4600.12 24 10/100/1000 Limited AA full duplex 24 Lifetime 10/100/1000 full/half Warranty duplex 4 1000/1001 SF P+ with ports Rear VIM Slot Rear express 'riming Slot two 30OW Advanced AC power supplies fan Hardware module FronttoBack Replacern airflow ExtremeXOS ent-2 Advanced Edge w Policy rrade Agreement Act model 1601-SFP- SRA FR(JSFP+SWI-16G1PKBR FR(JSFP+SWI-16G1 P I Year 10/31/ 000192 R Warranty 2024 1601-SFP- SRA FR(JSFP+SWI-16G8PKBR FR(JSFP+SWI-16G8PKB I Year 10/31/ 000193 11IZ Warranty 1 2024 1601-SFP- SRA FR(JSFP+I-WI-16G1OKM1 � FR1JSFP+I-WI-16G1OKM � I Year 10/31/ � 000198 PKBR lPKBR Warranty 2024 Attachment D Page 217 of 471 Page 498 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 1601 -SIS P- SRA FR[JSFP+[-WI-16GIOKM8 FR[JSFP+[-WI-16GIOKM I Year 10/31/ 000199 PKBR 8PKBR Warranty 2024 1601-SFP- SRA FRU QSFP SWI 4X1601 FRU QSFP SWI 4X1601 I Year 10/31/ 000245 FCCOMPuAN'r I PK FCCOMPuAN'r I PK Warranty 2024 l7101'r Summit Summit X670V48xFB,rAA 48 IOC113ASEX SI P+ one I Year 06/30/ VIM4 slot (unpopulated) Warranty 2022 ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module'rrade Agreement Act compliant model. 17102'r Summit Summit X670V48xBF,rAA 48 IOC113ASEX SI P+ one I Year 06/30/ VIM4 slot (unpopulated) Warranty 2022 ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module'rrade Agreement Act compliant model. 17103'r Summit Summit X67048xFB,rAA 48 IOC113ASEX SI P+ I Year 06/30/ ExtremeXOS Advanced Warranty 2022 Edge License unpopulated dual PSIJ power slot FronttoBack airflow fan module'rrade Agreement Act compliant model. 17104'r Summit Summit X67048xBF,rAA 48 IOC113ASEX SI P+ I Year 06/30/ ExtremeXOS Advanced Warranty 2022 Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module'rrade Agreement Act compliant model. 1720FF Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48t[,'BAC,rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48GBase'r ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC power suppliesFronttoBack airflow fans,rrade Attachment D Page 218 of 471 Page 499 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 219 of 471 Page 500 of 1174 Agreement Compliant model 17202'1 Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48t13FAC'rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 IOGBase'r ports) one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License2 BacktoFront 550W AC power suppliesBacktoFront airflow fans,rrade Agreement Compliant model 17203'1 Summit Summit 48 IOGBASET4 I Year 03/01/ X670V48t[,'BDc,rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 IOGBase'r ports) one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License 2 FronttoBack 550W DC power suppliesFronttoBack airflow fans,rrade Agreement Compliant model 17204'1 Summit Summit 48 IOGBASET4 I Year 03/01/ X670V48t13FDc'rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 IOGBase'r ports)one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License 2 BacktoFront 550W DC power supplies BacktoFront airflow fans,rrade Agreement Compliant model Attachment D Page 219 of 471 Page 500 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17205'r Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48tFBmix'rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of I OC113ase'r ports)one VIM4 slot(unpopulated)Extreme XOS Advanced Edge Licensel FronttoBack 550W AC power supplyl FronttoBack 550W DC power supplyFronttoBack airflow fan s'rAA 17206'r Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48tt3FMlx,rAA IOC113ASEX (unpopulated Warranty 2024 and shared with 4 ports of I OC113ase'r ports)one VIM4 slot(unpopulated)Extreme XOS Advanced Edge Licensel FronttoBack 550W AC power supplyl FronttoBack 550W DC power supplyBackto Front airflow fan s'rAA 17310T Summit X670G248x4qFBAC,rAA FAA Summit I Year X670G248x4q 48 Warranty IOC113ASEX SI P+ and 4 40C113ASEX QSFP+ ExtremeXOS Advanced Edge License 2 550W AC Power Supplies with FronttoBack airflow and 3 FronttoBack airflow fan modules 1740101 Summit X62016xBF FAA X620 16 Limited 10OMb/I01b/I00113ASEX Lifetime SI P+ ports 2 BF 30OW Warranty AC power supplies I BF with Fan Module ExtremeXOS express Edge license Advanced Hardware Replacern ent-2 17401'r Summit X62016xFB FAA X620 16 Limited 10OMb/I01b/I00113ASEX Lifetime SI P+ ports 2 FB 30OW Warranty Attachment D Page 220 of 471 Page 501 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 221 of 471 Page 502 of 1174 AC power supplies I FB with Fan Module ExtremeXOS express Edge license Advanced Hardware Replacern ent-2 174020.1 Summit X62016tBF rFAA X620 12 Limited 100Mb/I01b/10CIBASE'r iifetime ports with EIH.E 4 Warranty 100Mb/I01b/10CIBASE'r with with EF,"I,",", shared with 4 express IGb/10CIBASEX SFP+ Advanced ports 2 BF 30OW AC Hardware power supplies I BF Fan Replacern Module ExtremeXOS ent-2 Edge license 17402'r Summit X62016tFB rFAA X620 12 Limited 100Mb/I01b/10CIBASE'r iifetime ports with EIH.E 4 Warranty 100Mb/I01b/10CIBASE'r with with EF,"I,",", shared with 4 express IGb/10CIBASEX SFP+ Advanced ports 2 FB 30OW AC Hardware power supplies I FB Fan Replacern Module ExtremeXOS ent-2 Edge license 18104-6PK VPE V40048plOCII-,".4 6Pack Six Pack of V400 Series Limited 48 101001000BASE'r Lifetime PoE 4 1000 1 0G13aseX Warranty unpopulated SIP ports with fixed power supply and express fans Advanced Hardware Replacern ent 101 -SIP- SRA F R IJ S F P I GIH, F R IJ S F P I GIH, I Year 10/31/ 000190 COPPERIPKROHSBR COPPERIPKROHSBR Warranty 2024 101 -SIP- SRA 1000BASEBXD SIP 1000BASI-,".13XD SIP I Year 10/31/ BXD 1490NM SMF I -C (CON 1490NM SMF I -C (CON Warranty 2024 101 -SIP- SRA 1000BASEBXI1 SIP 1000BASI-,".13XI1 SIP I Year 10/31/ BXIJ 13 1 ONM SMF I -C (CON 13 IONM SMF I -C (CON Warranty 2024 101 -SIP- SRA CWDM MC1131C onic CWDM MC1131C orric I Year 10/31/ CWDM80- 8OKM 1470NM I -C 8OKM 1470NM I -C Warranty 2024 1470 CONNE CONNE Attachment D Page 221 of 471 Page 502 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IG -SIP- SRA CM MC1131C op IC CM MC1131C orric I Year 10/31/ CM80- 8OKM 1490NM I -C 8OKM 1490NM I -C Warranty 2024 1490 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 15 1 ONM I -C 8OKM 15 1 ONM I -C Warranty 2024 1510 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1530NM I -C 8OKM 1530NM I -C Warranty 2024 1530 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1550NM I -C 8OKM 1550NM I -C Warranty 2024 1550 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1570NM I -C 8OKM 1570NM I -C Warranty 2024 1570 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1590NM I -C 8OKM 1590NM I -C Warranty 2024 1590 CONNE CONNE IG -SIP- SRA CM MC1131C opTic CM MC1131C orric I Year 10/31/ CM80- 8OKM 1610NM I -C 8OKM 1610NM I -C Warranty 2024 1610 CONNE CONNE IG -SIP- SRA 1000BASELHA SIP 1000BASELHA SIP I Year 10/31/ 1 -HA -OM op,ric smi,' I -C CONN OP op,ric SMF I -C CONN Warranty 2024 OP IG -SIP- SRA 1000BASELHA SIP 1000BASELHA SIP I Year 10/31/ LHA-owr op,ric MMIC I -C op,ric mmi,' i -c Warranty 2024 CONNEC'r CONNEC'r IG -SIP- SRA MODULE MINIGBIC MODULE MINICII31C I Year 10/31/ I'l-113 op,ric ij-m SMF I -C op, IC ij-m smi,' i -c Warranty 2024 IG-SFP-I-X- SRA 1000BASELX SIP opTic IOOOBASEI-X SIP I Year 10/31/ OM SMI LC CONN OP op,ric SMF I -C CONN Warranty 2024 OP IG-SFP-I-X- SRA 1000BASELX SIP opTic IOOOBASEI-X SIP I Year 10/31/ OM -8 8 PACK SMI CONN op,ric 8 PACK SMI Warranty 2024 CONN IG-SFP-I-X- SRA 1000BASELX SIP opTic IOOOBASEI-X SIP I Year 10/31/ om-'r, SMI LC CONNEC'rOR op,ric SMF I -C Warranty 2024 CONNEC'rOR IG -SIP -SX- SRA 1000BASESX SIP op IC 1000BASESX SIP I Year 10/31/ OM MMIC LC CONN OP op,ric mmi,' I -C CONN Warranty 2024 OP IG -SIP -SX- SRA 1000BASESX SIP opTic 1000BASESX SIP I Year 10/31/ OM -8 8 PACKMMFTC CONN op,ric 8 PACKMMFTC Warranty 2024 CONN Attachment D Page 222 of 471 Page 503 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IG-SFSP-SX- SRA 1000BASESX SFP OPTIC 1000BASESX SFP I Year 10/31/ om-'r MMFI.0 CONNEC'rOR onic mmi,' i -c Warranty 2024 CONNEC'rOR IG-SIP-,rx SRA MODULE MINIGBIC'rx MODULE MINICII31C I Year 10/31/ 1000BASE RJ45 'rx 1000BASE RJ45 Warranty 2024 23844-00- WiNG CORD SE'rT8AWG sv,r CORD SE'rT8AWG sv,r I Month OOR Wireless 3COND 7.517'r 3COND 7.517'r Warranty Wing 25-19371-01 WiNG CBL ASsYAN'ri-,",ITA CBL ASsYAN'ri-,",ITA I Month Wireless Warranty Wing 25-72178-01 WiNG CABLE JUMPER CAB LE JUMPER I Month Wireless RPSMA(M) -ro RPBNC(F) RPSMA(M) -ro Warranty RPBNC(F) Wing 25-85391- WING Adapter RPSMAMNM RPSMA (Male) to 'hype N I Month OI R Wireless (Male) Adapter Warranty Wing 25-85392- WING Adapter RPSMAMNF RPSMA (Male),ro ,hype I Month OI R Wireless N (Female) Adapter Warranty Wing 25-90262- WING Adapter RPSMAFNF RPSMAFemale to I Month OIR Wireless NFemale adapter Warranty Wing 25-90263- WING Adapter RPSMAFNM RPSMAFemale to NMale I Month OR Wireless adapter Warranty Wing 25-90263- WiNG NMALETO RPSMA NMALE'ro RPSMA I Month 02R Wireless FEMALE ADAP'rER Fl -,".MAI -E ADAP'rER Warranty Wing 25-97593- WING CBL ASSYSERIAL NULL CBL ASSYSERIAL I Month OIR Wireless MODEM DB9RJ45 NULL MODEM Warranty DB9RJ45 Wing 25-99175- WING N'rype Female to N'rype N'rype Female to N'rype I Month OI R Wireless Female Adaptor Female Adaptor Warranty Wing 25G -SI P28- SRA 25CI13ASESR SF P28 25CI13ASESR SF P28 I Year 10/31/ SR MODULE1001 MODULE1001 Warranty 2024 25G -SI P28- SRA 2501 PASSIVE DIRECT 2501 PASSIVE DIRECT I Year 10/31/ 'rwx-P- AvrACHED SF P28 AvrACHED Warranty 2024 0101 COPPE SFP28COPPER imm IPI 25G -SI P28- SRA 2501 PASSIVE DIRECT 2501 PASSIVE DIRECT I Year 10/31/ 'rwx-P- AvrACHED SF P28 AvrACHED SF P28 Warranty 2024 0108 COPPE COPPER 1m,rR8PK Attachment D Page 223 of 471 Page 504 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 25G -SI P28- SRA 25G PASSIVE DIRECT 25G PASSIVE DIRECT I Year 10/31/ 'rwx-P- Ar[ rACHED Si P28 ArrACHED Si P28 Warranty 2024 0301 COPPE COPPER 3m,rRIPIS 2501-SFP28- SRA 2501 PASSIVE DIRECT 2501 PASSIVE DIRECT I Year 10/31/ 'rwx-P- Ar[ rACHED Si P28 ArrACHED Si P28 Warranty 2024 0308 COPPE COPPER 3m,rR8PK 40GB-CO.5- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces DAC 0.51 DAC 0.51 Warranty 40GB-001- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CABLE IM CABLE IM Warranty 40GB-0O3- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CABLE 3M CABLE 3M Warranty 40GB-007- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CAB LE 7M CAB LE 7M Warranty 40GB-ESR4- Modular 40GB EXTT".NDED 40GB EXTT".NDED I Year QSFP Interfaces REACH SR4 MM QSFP+ REACH SR4, MM Warranty QSFP+ 40GB-F10- Modular 40GB QSFP FIBER 40GB, QSFP FIBER I Year QSFP Interfaces CABLE 101 CAB LE I OM Warranty 40GB-F20- Modular 40GB QSFP FIBER 40GB, QSFP FIBER I Year QSFP Interfaces CAB LE 201 CAB LE 201 Warranty 40GB-[-R4- Modular 40GB 40GBASEI-R4 SMF 40GB, 40GBASE-I-R4 I Year QSFP Interfaces QSFP+ SMI QSFP+ Warranty 40GB-[-R4- Modular 40GB L SM QSFP+ 40GB, I -R4, SM, QSFP+, I Year QSFP-G Interfaces FAA FAA Warranty 40GB-SR4- Modular 40GB 40GBASESR4 MMIC 40GB, 40GBASE-SR4 I Year QSFP Interfaces QSFP- - MIT QSFP+ Warranty 40GB-SR4- Modular 40GB SR4 MM QSFP+ 40GB, SR4, MM, QSFP+, I Year QSFP-G Interfaces FAA FAA Warranty 40G-QSFP- SRA QSFP+ TO 4 SI P+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-AOC- AC'riVE op'riCAL QSFP+ to 4 SFP+ Active Warranty 2024 1001 CABLEIOM Optical Breakout Cable 10m 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-C- 'rO 4 SI P+ AC'riVE COP QSFP+ to 4 SI P+ Active Warranty 2024 0101 Copper Breakout Cable Im 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-C- 'rO 4 SI P+ AC'riVE COP QSFP+ to 4 SI P+ Active Warranty 2024 0301 Copper Breakout Cable 3m 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4xlOGF,". Direct Attached I Year 10/31/ 4SFP-C- 'rO 4 SI P+ AC'riVE COP QSFP+ to 4 SI P+ Active Warranty 2024 0501 Copper Breakout Cable 5m 1pack Attachment D Page 224 of 471 Page 505 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 400.1-QSFP- SRA 40G13 QSFP DIRECT 40GIH, QSFP Direct I Year 10/31/ C-0101 AvrACH CA BEIM Attached Copper Cable Warranty 2024 1m 1pack 40G -QS P- SRA 40G13 QSFP DIRECT 40GIH, QSFP Direct I Year 10/31/ C-0501 AvrACH CABLE5M Attached Copper Cable Warranty 2024 5m 1pack 40G -QS P- SRA 40GBASEER4 QSFP+ 40G13AS1-,-,1-,-,R4 QSFP+ I Year 10/31/ ER4-1 (I -C)40[ M SMF I PK (I -C)40[ M SMF I PK Warranty 2024 40G -QS P- SRA 40GBASESR4 QSFP+ 40GBASEESR4 QSFP+ I Year 10/31/ ESR4 (MODULE) 300M optic (m'rP 1x8 or 1x12) Warranty 2024 300m over MMIC 1pack 40G -QS P- SRA 40G13AS1-,-,1-,-,SR4 QSFP+ 40GBASEESR4 QSFP+ I Year 10/31/ ESR4-8 oP'rIC 300M MMF optic (m'rP 1x8 or 1x12) Warranty 2024 8PACK 300m over MMIC 8pack 40G -QS P- SRA 40GBASELM4 40GBASELM4 QSFP+ I Year 10/31/ LM4 QSFP+160M OM4 1310nm 160m over Warranty 2024 MMF'2KM SMF duplex I -C OM4 MMIC 2krn over duplex I -C SMF 40G -QS P- SRA 40GQSFP[-R4 OPTIC (I -C) 40GQSFP[-R4 OPTIC I Year 10/31/ LR4-1 (I -C) Warranty 2024 40G -QS P- SRA 40GBASELR4 QSFP+ 40G13aseI-R4 QSFP+ I Year 10/31/ LR4-8 op-ric (I-C)IOKM 8PACK optic (I -C} for up to I Okm Warranty 2024 over SMI 8 PACK 40G -QS P- SRA 4X10GBASELR4 QSFP+ 40G13aseI-R4 QSFP+ to 4 1 Year 10/31/ 1,R4-IN'r 'rO 4 SI P+ (MODULE) SI P+ optic (I -C} for up to Warranty 2024 l0krn over SMF 1pack 40G -QS P- SRA 4X10GBASELR4 QSFP+ 4XIOGBASELR4 QSFP+ I Year 10/31/ 1,R4-IN'r-8 'rO 4 SI P+ (8PACK) 'rO 4 SFP+ (8PACK) Warranty 2024 400.1-QSFP- SRA 40G13 QSFP DIREFr 40GIHH, Direct Attached I Year 10/31/ QSFP-AOC- Ar[ rACH AOC I OM QSFP+ to QSFP+ Active Warranty 2024 1001 Optical Cable 10m 1pack 400.1-QSFP- SRA 40CHH, QSFP+ To QSFP+ 40GIHH, Direct Attached I Year 10/31/ QSFP-C- AC'riVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0101 CABIM Ccs er cable Im 1pack 400.1-QSFP- SRA 40CHH, QSFP+ To QSFP+ 40GIHH, Direct Attached I Year 10/31/ QSFP-C- AC'riVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0301 CAB3M Ccs er cable 3m 1pack 400.1-QSFP- SRA 40CHH, QSFP+ To QSFP+ 40GIHH, Direct Attached I Year 10/31/ QSFP-C- AC'riVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0501 CA135M Ccs er cable 5m 1pack 40G -QS P- SRA 40G13 QSFP PASSIVE 40GIH. Passive Direct I Year 10/31/ QSFP-P- DIRE, ur ArrACH Attached QSFP+ to Warranty 2024 0501 CABLE5M QSFP+ Active Copper cable 5m 1pack Attachment D Page 225 of 471 Page 506 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 40G-QSFP- SRA QSFP+ TRANSCEIVER QSFP+ TRANSCEIVER I Year 10/31/ SR4-1 (40GBASESR4 (40GBASESR4 Warranty 2024 s'rANDARD s'rANDARD 400.1 -QS P- SRA 40GBASESR4 QSFP+ 40GBASESR4 QSFP+ I Year 10/31/ SR4-8 onic ioom mmy,' optic (m,rp N8 or 1x12) Warranty 2024 8PACK I 00m over MMIC 8pack 400.1 -QS P- SRA QSFP+ TRANSCEIVER 40GBASESR4 QSFP+ I Year 10/31/ SR4-IN'r (IOGBASESR optic (m,rp N8 or 1x12) Warranty 2024 COMPA'rIBLE I 00m over MMIC compatible with IOC113ASESR IOG breakoutcapable 1pack 40G-QSFP- SRA 40CHH, SR QSFP+ (I -C} 40CHH, SR QSFP+ optic I Year 10/31/ SR-BIDI BIDIREc'rIONAI, (I -C) Bidirectional 100m Warranty 2024 over OM3 MMIC 41632B BD 8K BD 89001OG24Xc DCB BlackDiamond 8900 1 Year 06/30/ 24 ort IOC113ASEX SI P+ Warranty 2023 50-16000- WING ACCord NEMA 115P AC Line Cord 1.8M I Month 182R Wireless ungrounded two wire Warranty Nl-,",MA 115P U S for Wing power supplies 5014000243R 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 I Month 217R Wireless OVA(Js,rRAI.IA 50VA(1s,rRAIIA Warranty Wing 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 I Month 218R Wireless OVJAPAN 50VJAPAN Warranty Wing 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 I Month 219R Wireless OVIJK 50VIJK Warranty Wing 50-16000- WiNG CORDPWR18AWG6A250 COR DPWR18AWG6A25 I Month 220R Wireless VEIJROPE OVEIJROPE Warranty Wing 50-16000- WiNG CORDPWR18AWGIOAl2 CORDPWR18AWGIOAI I Month 221R Wireless 5V(1SA 25V(1SA Warranty Wing 50-16000- WING ACCord C1-,".1-,".7/16 AC Line Cord 1.8M I 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 507 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 50-16000- WiNG CORDPWR S. KOREA CORDPWR S. KOREA I Month 256R Wireless CON'r. EUROPE CEF,".7 CON'r. 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 SERIA, 'ro (JSB CONY SERIA, 'ro [JSB CONY Warranty Wing 50-16000- WING ACCord G13209911996 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 paver supply 5014000243R 50-16000- WiNG CORDACPWR18AWG250 CORDACPWR18AWG2 I Month 669R Wireless V10A1.8MB[-KIN 50VIOA1.8MBI-KINDIA 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 V10A1.8MB[-KI'ri- 50V10A1.8MBI-KI'rAIY Warranty Wing 50-16000- WiNG CORDACPW18AWG250V CORDACPW18AWG250 I Month 672R Wireless 10A1.8MBI-KIR V10A1.8MB[-ISIS RAE[- Warranty Wing 50-16000- WiNG CORDACPWR18AWG3 CORDACPWR18AWG3 I Month 727R Wireless PI-I1C113[-KIOABZ P[-(1GBI-K10ABRAZI[- Warranty Wing 5601013-D Cables/Co Dl-,".NMARKCORDSRAFC 0 No nnectivity 13 Warranty 5601013-F Cables/Co BRAZILCORDNBR 14136 BRAZII-,CORD,NBR No nnectivity 10A C13 14136, 10A, C13 Warranty Attachment D Page 227 of 471 Page 508 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 5601013-IJ2 Cables/Co IJSACORDNEMA 615013 IJSA,CORD,Nl-,".MA 6- No nnectivity 208250V 15,013 Warranty 5601313-J Cables/Co JIJMPERCORDC14CI3 JIJMPER,CORD,C14,Cl No nnectivity 3 Warranty 5601313 -ISI Cables/Co IJSACORDNEMA 515013 IJSA,CORD,Nl-,".MA 5- No nnectivity 15,CI3Warranty 5601313- Cables/Co USA CORD NEMA USA, CORD, NEMA No IJ 11-5 nnectivity 1,5/15P C13 3.5 M I -5/15P, C13, 3.5 M Warranty 5601513-F Cables/Co BRAZILCORD NB R BRAZIL,CORD NB R No nnectivity 14136 201 C13 14136, 201, C13 Warranty 5601513 -ISI Cables/Co IJSACORDNEMA 515 IJSA,CORD,Nl-,-.MA 5-15, No nnectivity C13 14 AWG C13,14 AWG Warranty 5602019 -AS Cables/Co A(Js,rRAIIACORDAS311 A(Js,rRAIIA,CORD,AS No nnectivity 2C19SHLD 3112,CI9,Sl-ll-D Warranty 5602019 -BS Cables/Co soum soum No nnectivity AFRICACORDSABS AFRICA,CORD,SABS Warranty 164/IC19SI-11-D 164/1,CI9,Sl-ll-D 5602019 -CS Cables/Co ARGI-,".N,rINACO RDI RAM ARGI-,".N,rINA,CORD,IR No nnectivity 2073C19SHLD AM 2073,C19,Sl-ll-D Warranty 5602019 -ES Cables/Co E(JROPECORDCI-,".I-,".7C I 9S E(JROPE,CORD,CEE7,C No nnectivity 141-D 19iSHI-D Warranty 5602019 -FS Cables/Co BRAZILCORDNBR 14136 BRAZII-,CORD,NBR No nnectivity 201 C19 SII D 14136 201, C19, SII D Warranty 5602019-J Cables/Co CORD JUMPER C19 C20 CORD, JUMPER, C19, No nnectivity C20 Warranty 5602019 -KS Cables/Co IJKCORDBS IJK,CORD,BS No nnectivity 1363C19SHLD 1363,CI9,Sl-ll-D Warranty 5602019 -SS Cables/Co SWISSCORDSEVIOIIC19 SWISS,CORD,SEVIOII, No nnectivity SHI-D C19,Sl-ll-D Warranty 1 5602019- Cables/Co IJSACORDNEMA IJSA,CORD,Nl-,-.MA 5- No IT nnectivity 520C19SI-11-D 20,CI9,Sl-ll-D Warranty 5602019- Cables/Co IJSACORDNEMA IJSA,CORD,Nl-,-.MA 6- No IJ S2 nnectivity 620C19SI-11-D 20,CI9,Sl-ll-D Warranty 5602019- Cables/Co Twis,FLOCK Nl-,".MA 1-615 Twis,FLOCK Nl-,".MA No IJ S21-6 nnectivity ITS 220VAC 1-615 ITS 220VAC Warranty 5602019- Cables/Co Twis,FLOCK Nl-,".MA 1-620 Twis,FLOCK NEMA 1-6- No IJ S21-620 nnectivity ITS 220VAC 20 ITS 220VAC Warranty 5602019- Cables/Co IJSACORDNEMA IJSA,CORD,Nl-,-.MA 5- No USI -I nnectivity 520C19SI-11-D 3M 20,CI9,Sl-ll-D, 3M Warranty 71A- Fixed ITS 710001 FAN MO D (JI -E 710001 FAN MOD (JI -E 5 Year 05/30/ 7 1 G FAN SPARE SPARE, Warranty 2024 1 71 1 -EES- Fixed E 7100 ADVANCE 7100 ADVANCE Software 05/30/ ADVIA ROurING I -ICI -,".NSE ROurING I -ICI -,".NSE Warranty 2024 71 1 -EES -G- Fixed E 710OG ADVANCED 710OG ADVANCED Software 05/30/ ADVIA ROurING I -ICI -,".NSE ROurING I -ICI -,".NSE Warranty 2024 Attachment D Page 228 of 471 Page 509 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 71A-EOS- Fixed ITS 710OG MAC SEC 710OGMACSEC Software GMACSEC LICIHNSE LICIHNSE Warranty 71A-EOS- Fixed ITS 7100K MAC SEC 7100K MACSEC Software KMACSEC LICIHNSE LICIHNSE Warranty 71A -FAN Fixed ITS 7100 FAN MODULE 7100 AN MODULE I Year 05/30/ SPARE SPARE Warranty 2024 1 71A -POE -A Fixed ITS 710OG POE POWER 710OG POE POWER I Year 05/30/ SUPPLY 1/0 SIDE SUPPLY 1/0 SIDE Warranty 2024 EXI-IA(Js,r EXI-IA(Js,r 71A -POE -B Fixed ITS 710OG POE POWER 710OG POE POWER I Year 05/30/ SUPPLY 1/0 SIDE SUPPLY 1/0 SIDE Warranty 2024 IN,rAKE IN,rAKE 71A -PS -A Fixed ITS 7100 POWER SUPPLY 1/0 7100 POWER SUPPLY I Year 05/30/ SIDE AIR EXI-IA(Js,r 1/0 SIDE AIR EXI-IA(Js,r Warranty 2024 71A -PS -B Fixed ITS 7100 POWER SUPPLY 1/0 7100 POWER SUPPLY I Year 05/30/ SIDE AIR IN,rAKE 1/0 SIDE AIR IN,rAKE Warranty 2024 71A -RACK- Fixed ETS 7100 UNIVERSAL RACK I Year 05/30/ (i MO(JN,r KI,r Warranty 2024 71GIIK21-2- Fixed E 7148GF48 PORT SIP 2 7148GF48 PORT SIP 2 Limited 05/30/ 48 SI P+ 2 QSFP+ SI P+ 2 QSFP+ Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 71G2lK2[-2- FixedETS 7124/24G24PORTPOE 7124/24G 24 PORT POE Limited 05/30/ 24P24 24 SIP 2 SIS P+2 QSFP 24 SIP 2 SFP+2 QSFP Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 71G2lK2[-2- FixedETS 7148G48PORTPOE 2 7148G 48 PORT POE 2 Limited 05/30/ 48P SI P+ 2 QSFP+ SI P+ 2 QSFP+ Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 Attachment D Page 229 of 471 Page 510 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 71KIII-4-24 Fixed ETS 7124 24 PORTs SI P+ W/ 4 7124 24 PORTs SI P+ W/ I Year 05/30/ 40GIG GSI P+ 4 40GIG GSI P+ Warranty 2024 71KIII-4-48 Fixed ETS 7148 48 PORTs SI P+ 7148 48 PORTs SI P+ I Year 05/30/ wi-rH 4 40GIG GSI P+ wi-rH 4 40GIG GSI P+ Warranty 2024 71K911-4-24 Fixed E 7124'1 24 PORTs 7124'1 24 PORTs I Year 05/30/ IOGBASE'r W/4 40GIG I OGBASE'r W/4 40GIG Warranty 2024 QSFP+ QSFP+ 71K911-4-48 Fixed EES 7148'148 PORT s 7148'148 PORT s I Year 05/30/ I OGBASE'r W/ 4 40GIG Q I OGBASE-r W/ 4 40GIG Warranty 2024 Q 8G -SIP- SRA FRIJSFP[-Wl-8GIOKMIP FRIJSFP[-Wl-8GIOKMIP I Year 10/31/ 000153 KBR KBR Warranty 2024 8G -SIP- SRA FRIJSFPSWl-8GIPKBR FRIJSFPSWl-8GIPKBR I Year 10/31/ 000163 Warranty 2024 1 8G -SIP- SRA FRIJSFPSWl-8G8PKBR FRIJSFPSWl-8G8PKBR I Year 10/31/ 000164 Warranty 2024 8G -SIP- SRA FRIJSFP[-Wl-8GIOKM8P FRIJSFP[-Wl-8GIOKMMP I Year 10/31/ 000172 KBR KB R Warranty 2024 8G -SIP- SRA FR(JSFP+E[-Wl-8G25KMI FR(JSFP+E[-Wl-8G25K I Year 10/31/ 000174 PKBR MIPKBR Warranty 2024 9380010-3M Cables/Co CBL ASSY EC To i -c CBL ASSY, i -c To i -c No nnectivity DPLX IOG13 MM FBR 3M DPI -X, IOG13 MM FBR, Warranty 3M 9380011-3M Cables/Co CBL ASSY sTro i -c CBL ASSY, s -r To i -c No nnectivity DPLX IOG13 MM FBR 3M ISP[ -X, I OG13 MM FB R Warranty 3M 9380012-3M Cables/Co CBL ASSY suro i -c CBL ASSY, sc To i -c No nnectivity DPLX IOG13 MM FBR 3M DPI -X, IOG13 MM FBR, Warranty 3M 9380014-5M Cables/Co CBL MPO 4 I -C CBL, MPO- 4 I -C No nnectivity ISP I-XPI-I-,".NIJMIO GB D P [-X, P1 -1-,-,N (JM, 10 G13 Warranty MM 51 MM, 5M 9380527-3M Cables/Co CBL ASSY EC To sc CBL ASSY, i -c To sc No nnectivity DPLX 62.5 MM IAB R 3M ISP[ -X, 62.5 MM FB R, Warranty 3M 9380528-3M Cables/Co CBL ASSY EC To s'r CBL ASSY, i -c To s -r No nnectivity DPLX 62.5 MM IAB R 3M ISP[ -X, 62.5 MM FB R, Warranty 3M 9380529-3M Cables/Co CBL ASSY EC To i -c CBL ASSY, i -c To i -c No nnectivity DPLX 62.5 MM IAB R 3M ISP[ -X, 62.5 MM FB R, Warranty 3M 9380530-3M Cables/Co CBL ASSY EC To sc CBL ASSY, i -c To sc No nnectivity DPLX SM FBR 3M DPI -X, SM FBR, 3M Warranty 9380531-3M Cables/Co CBL ASSY EC To s'r CBL ASSY, i -c To s -r No nnectivity DPLX SM FBR 3M DPI -X, SM FBR, 3M Warranty Attachment D Page 230 of 471 Page 511 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 9380532-31 Cables/Co CBL ASSY EcTo i -c CBL ASSY, i -c TO i -c No nnectivity DPLX SM IAB R 3M DPI -X, SM FBR, 3M Warranty A4HI24- Fixed 1-2 HIGH AVAILABR-TrY 24 HIGH AVAILABHTFY Limited 12/31/ 24FX POR'r IOOBASEFX A4 24 POR'r I00BASI-,­TX Lifetime 2022 A4 Warranty with express Advanced Hardware Replacern ent-2 A4HI24-24P Fixed 1-2 24 PORT 10/100 POE A4 24 PORT 10/100 POE A4 Limited 12/31/ swrrCH swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 A4HI24- Fixed 1-2 HIGH AVAILABR-TrY 24 HIGH AVAILABHTFY Limited 06/30/ 24'rx POR'r 10/100 A4 24 POR'r 10/100 A4 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 A4HI24-48 Fixed 1-2 48 PORT 10/100 A4 48 PORT 10/100 A4 Limited 12/31/ swrrCH swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 A4HI24-48P Fixed 1-2 48 PORT 10/100 POE A4 48 PORT 10/100 POE A4 Limited 12/31/ swrrCH swrrCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 231 of 471 Page 512 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 232 of 471 Page 513 of 1174 Replacern ent-2 A41-1254- Fixed 1-2 HIGH AVAIABR -TrY A4 HIGH AVAILABUTFY Limited 06/30/ 8178'r w 8'rx 8 A4 w 8'rx 8 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 AA0020049- FAN PWR CRD 20A/125V POWER CORD I Year 06/30/ E6 NEMA 520 NA 20A/125V NEMA 520 Warranty 2022 NOR'rH AMF".RICA AA0020050- FAN PWR CRD 15A/250V POWER CORD I Year E6 NEMA 615 NA 15A/250V NEMA 615 Warranty NOR'rH AMF".RICA AA0020051- FAN PWR CRD 16A/250V POWER CORD I Year E6 Cl -,",l-,",7/7 EURO 16A/250V Cl -,",l-,",7/7 Warranty CON,rlNl-,".N,rAl, EUROPE AA0020052- FAN PWR CRD 16A/250V POWER CORD I Year E6 CE123 rrAI-Y 16A/250V CEI 2350 S17 Warranty rrALY AA0020053- FAN PWR CRD 16A/250V S132 POWER CORD I Year E6 ISRAEL 16A/250V SI 32 ISRAEL Warranty AA0020054- FAN PWR CRD 15A/250V POWER CORD I Year E6 BS546 IND/SAF 15A/250V BS546 INDIA Warranty / sourl-I AFRICA AA0020055- FAN PWR CRD 16A/230V MIN POWER CORD I Year E6 IN'ri- 16A/23 OV 3 PIN Warranty IEC60309 IN'rERNA'riONAL AA0020056- FAN PWR CRD 20A/250V POWER CORD I Year E6 NEMA 1.620 NA 20A/250V NEMA 1-620 Warranty 'rwis'r LOCK NOR'rH AMF".RICA AA0020057- FAN PWR CRD 15A/250V AS POWER CORD I Year E6 3112 AIT 15A/250V AS 3112 Warranty A[Js,rRAI,IA AA0020058- FAN PWR CRD 13A/230V POWER CORD I Year E6 B S 13 62 [1K/IRE, 13A/230V BS 1362 UK Warranty AND IRE, LAND AA0020059- FAN PWR CRD 16A/250V POWER CORD I Year E6 G1311918 CHINA 16A/250V G13 1191889 Warranty GRE,A'rER CHINA Attachment D Page 232 of 471 Page 513 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020060- EAN PWR CRD 15A/250V POWER CORD I Year E6 NEMA 1-615 NA 15A/250V NEMA 1-615 Warranty 'rwis'r LOCK NOR'rH AMF".RICA AA0020062 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 'rO NEMA 515P USA I OA IEC C15 'rO NEMA Warranty 515 USA AA0020063 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 'rO BS1363 IJK 10A IEC C13 'rO BS1363 Warranty IJK AA0020064 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 'ro CEIH. 7/17 EU 10 1 IEC C 13 'ro CEE Warranty 7/17 EU AA0020067 EAN POWER CORD IEC C13 POWER CORD IEC C13 I Year E6 'ro IS1293 INDIA 'ro IS1293 INDIA Warranty AA0020068 EAN POWER CORD IEC C13 POWER CORD 2.51 10 1 Year E6 'rO AS 3112 A[Js,r IEC C13 'rO AS 3112 Warranty AA0020069 EAN POWER CORD IEC C13 POWER CORD 2.51 I Year E6 JAPAN 'TAIWAN 12A IEC C13 'ro ji s Warranty 8303 JAPAN CNS10917 'TAIWAN AA0020071- EAN POWER CORD IEC C15 POWER CORD 2.51 I Year E6 'rO BS1363 IJK 10A IEC C15 'rO BS1363 Warranty IJK AA0020072- EAN POWER CORD IEC C15 POWER CORD 2.51 I Year E6 'ro CEIH. 7/17 EU 10A IEC C15'ro CEE Warranty 7/17 EU AA0020073- EAN POWER CORD IEC C15 POWER CORD 2.5 M I Year E6 'ro jis 0303 JAPAN 10A IEC C15 'ro jis Warranty 0303 JAPAN AA0020074- EAN POWER CORD IEC C15 POWER CORD 2.O1 I Year E6 'rO NEMA 515 U SA I OA IEC C 15 'rO NEMA Warranty 515 USA AA0020075- EAN POWER CORD IEC C15 POWER CORD 2.51 I Year E6 'rO AUS3112 AUS NZ 10A IEC C15 'ro Warranty AI1S3112 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 CEIH,7/7 EURO 16A/250V CEIH.7/7 EURO Warranty AA0020079- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 CE123 rrALY 16A/250V CE123 rrALY Warranty Attachment D Page 233 of 471 Page 514 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020080- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 S132 ISRAEL 16A/250V S132 ISRAEL Warranty AA0020081- EAN PWR CRD 16A/250V IEC PWR CRD 16A/250V No E6 C19 SAN 1641 SAF IEC C19 SAN 1641 SAF Warranty AA0020082- EAN VSP PWR CRD 16A/230V VSP PWR CRD No E6 3 PIN IN'r I- 16A/230V MIN IN'ri- Warranty AA0020083- EAN VSP PWR CRD 20A/250V VSP PWR CRD No E6 NEMA 1.620 NA 20A/250V NEMA 1-620 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 B S 13 62 ZTKIIItE 13A/230V BS1362 Warranty (JK/IRE AA0020086- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 G1311918 CHINA 16A/250V G1311918 Warranty CHINA AA0020087- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 NEMA 1-615 NA 15A/250V NEMA 1-615 Warranty NA AA0020094- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 CNS10917'rAIWAN IEC C15 'ro CNS 10917 Warranty 'rAIWAN AA0020097- EAN POWER CORD C15 'ro POWER CORD C15 TO I Year E6 SANS 1641 S. AFRICA SANS 1641 SC url-I Warranty AFRICA AA0020100- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 NB IZ 1413 6 B RAZI L IEC C15'rO NB R 14136 Warranty BRAZIL AA0020101- EAN POWER CORD C13 'ro POWER CORD2.51 IEC I Year E6 NB IZ 1413 6 B RAZI L C13 'rO NB R 14136 Warranty BRAZIL AA0020102- EAN POWER CORD cig,ro POWER CORD cTq'rO No E6 NB R 1413 6 BRAZI L NB R 14136 BRAZIL Warranty AA0020103- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 SHV 1011 SWISS IEC C15 'ro SHV 1011 Warranty swrrZERLAND AA0020104- EAN POWER CORD C13 'ro POWER CORD 2.51 I Year E6 SHV 1011 SWISS IEC C13 'ro SHV 1011 Warranty swrrZERLAND AA0020105- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 CEI 2316 rrALY IEC C15 'ro CEI 2316 Warranty rrALY AA0020106- EAN POWER CORD C15 'ro POWER CORD 2.51 I Year E6 S132 ISRAEL IEC C15 'ro S132 Warranty ISRAEL Attachment D Page 234 of 471 Page 515 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020107- IRAN POWER CORD C13'ro POWER CORD 2.5M I Year E6 S132 ISRAEL IEC C13 'ro S132 Warranty ISRAEL AA0020108- IRAN POWER CORD C15'ro POWER CORD C15 TO I Year E6 1,615P 1-615P 250V/15A 2.5 Warranty mE'rER'rwis'r AND LOCK AA0020109- IRAN POWER CORD C15'ro POWER CORD 2.5M I Year E6 BS546 INDIA IEC C15'rO BS546 Warranty INDIA AA00201 10- IRAN PWER CORD C15'ro POWER CORD 2.5M I Year E6 IRAM 2073 ARGIH.N'rINA IEC C15 'ro I RAM 2073 Warranty ARGIH.N'rINA AA0020112- IRAN VSP8608 DC Pwr Cord for VSP8608 DC Pwr Cord No E6 EC8605AO2E6 for EC8605AO2E6 Warranty AA1403001- IRAN XFP I-R/I-W LAN/WAN I PORT I Year E5 SM 10I M l0G13ASEI-R/I-W XIP Warranty LAN/WAN SINGLE MODE up,ro IOKM AA1403005- IRAN XFP SR MMIC upTo I PORT IOC113ASESR I Year E5 300M xi,,p mijurIMODE Warranty FIBRE up'rO 300M AA1403011- IRAN SI P+ LR SM 10I M SFP+ LR SM 10I M I Year E6 Warranty AA1403011- IRAN 10G13I-R SI P+ SMF UP IOC113ASEI-R (SFP+) 10G I Year E6H'r -ro IOKM (H -r 85C) S(JPPOR'rs SMF up,ro Warranty IOKM (unGurri-,-.mp oc -ro 85C) AA1403013- IRAN SF P+ ER SM 10I M SF P+ ER SM 10I M I Year E6 Warranty AA1403015- IRAN SFP+ SR MMF300M SF P+ S R MMIC 300M I Year E6 Warranty AA1403015- IRAN I OG13 S R SF P+ MMI' UP IOC113ASESR (SFP+) 10G I Year E6H'r -rO 300M (H -r 85C) S(JPPOR'rs mmi,' up,ro Warranty 300M (unGurri-,-.mp oc -ro 85C) AA1403016- IRAN IPORT IOGIH. SI P+ I -(3i I PO RT I OGIH, SF P+ I Year E6 REACHZR LONGRE, ACHZR Warranty AA1403017- IRAN SFP+ LRM MMI' SFP+ LRM MMIC I Year E6 220M/300M 220M/300M Warranty AA1403018- IRAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE IOM CABLE IOM Warranty AA1403019- IRAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE3M CABLE3M Warranty AA1403020- IRAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE5M CABLE5M Warranty Attachment D Page 235 of 471 Page 516 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA1403022- IRAN SFP+ DIRE, ur ATTACH SFP+ DIRECT ATTACH I Year E6 CAB LE 7M CAB LE 7M Warranty AA1403043- IAN IOC113ase'r SFP+ RJ45 IOC113ase'r SFP+ RJ45 I Year E6 Conn Upto 30m Conn Upto 30m Warranty AA1403165- IAN I PRT CWDM SFP+ I PRT CWDM SFP+ I Year E6 1550NM 70KM 1550NM 70KM Warranty AA1403169- IAN IOGBX l0krn SI P+ IOGBX l0krn SFP+ I Year E6 'IX/RX pair AA 1403170 'IX/RX pair AA 1403170 Warranty AA1403170- IAN IOGBX l0krn SI P+ IOGBX l0krn SFP+ I Year E6 Rx/,rx pair AA1403169 RX/'rx pair AA1403169 Warranty AA1404001- IAN 40GBASELR4 QSFP+ 40GBASELR4 QSFP+ I Year E6 'rRANSCEIVER 'rRANSCEIVER Warranty AA1404002- IAN 40G I -M4 QSFP+ tip To 40G I -M4 QSFP+ [1P To I Year E6 80m ON MMIC 80m ON MMIC Warranty AA1404003- IAN 40CIF-R4 QSFP+ 1310nm 40CIF-R4 QSFP+ 1310nm I Year E6 SMF up to 30krn SMF up to 30krn Warranty AA1404005- IAN 40GSR4/4XIOGSR QSFP+ 40GSR4/4XIOGSR I Year E6 'rRANSCEIVER QSFP+ -rRANSCEIVER Warranty AA1404006- IAN 40G13ASF".F".S R4/4x I OC113A 40C113ASEESR4/4xlOGB I Year E6 SESR Upto 300m ASESR Upto 300m Warranty AA1404028- IAN QSFP+ To QSFP+ IOM Q SF P+ To Q SF P+ I OM I Year E6 AOC AOC Warranty AA1404029- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE IM CABLE IM Warranty AA1404030- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 2M PASSIVE COPPER 2M PASSIVE COPPER Warranty AA1404031- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE 3M CABLE 3M Warranty AA1404032- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE 5M CAB LE 5M Warranty AA1404033- IAN QSFP+ To SI P+ DAC QSFP+ To SFP+ DAC I Year E6 BREAKOur CABLE IM BREAKOur CABLE IM Warranty AA1404035- IAN QSFP+ To SI P+ DAC QSFP+ To SFP+ DAC I Year E6 BREAKOur CABLE 31 BREAKOur CABLE 3M Warranty AA1404036- IAN QSFP+ To SI P+ DAC QSFP+ To SFP+ DAC I Year E6 BREAKOur CABLE 51 BREAKOur CABLE 5M Warranty AA1404037- IAN QSFP+ To QSFP+ DAC QSFP+ To QSFP+ DAC I Year E6 CABLE 0.5M CAB LE 0.5M Warranty AA1404041- IAN QSFP+ TO 4SFP+ AOC QSFP+ TO 4SFP+ AOC I Year E6 IOM (AC-rIVE) IOM (AC-riVE) Warranty AA1405001- IAN 1OOG13ASEI-R4 QS P28 lOOG13ASEI-R4 QS P28 I Year E6 (1-C Connector) (1-C Connector) Warranty AA1405005- IAN IOOGBASESR4 QS P28 IOOGBASESR4 QS P28 I Year E6 I (MPO Connector MPO Connector) Warranty AA1405029- IAN ING QSFP28 To QS P28 � ING QSFP28 To I Year E6 DAC IM QSFP28 DAC IM Warranty Attachment D Page 236 of 471 Page 517 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA1405031- FAN 100E QSF P28 TO QSFP28 100E QSF P28 TO I Year E6 DAC 31 QSFP28 DAC 3M Warranty AA1405032- FAN 100G QSF P28 TO QSFP28 100G QSF P28 TO I Year E6 DAC 51 QSFP28 DAC 5M Warranty AA1419043- FAN SFP 1000BASET (RJ45) SFP 1000BASET (RJ45) I Year E6 Warranty AA1419048- FAN SFP 100013ASESX DDI SFP 100013ASESX DDI I Year E6 (I -C) (I -C) Warranty AA1419049- FAN SFP 1000BASEI-X DDI SFP 1000BASEI-X DDI I Year E6 (I -C) (I -C) Warranty AA1419065- FAN SFP CWDM DDI (LC) SFP CWDM DDI (I -C} I Year E6 1550N1 70K1 1550N1 70K1 Warranty AA1419069- FAN SFP 1000BASEBX (I -C} SFP 1000BASF,-.13X (I -C} I Year E6 1310N1 1310N1 Warranty AA1419070- FAN SFP 1000BASEBX (I -C} SFP I000BASI-,-,13X (I -C} I Year E6 1490N1 1490N1 Warranty AA1419074- FAN SFP 100BASEFX (I -C} I PORT l00BAS1-,".FX I Year E6 SFP (I -C) Warranty AD -CMC -P- WING IICI-,".NSE CF-,",NTRALIZED I -ICI -,".NSE Software I WirelessMANAC!1-,"M-,".N'r CF-,".N,rRAI-IZED Warranty CONSOLE 1 ANAC11-,".M1-,".N'r CONSOLE AD-FERS-P- WING L ICI"N SERAD 10 SHARE, I-ICI-,".NSFRADIO SHARE, Software I Wireless ADV FORE, NSICS I AP ADV FORE, NSICS I AP Warranty AIS -I ESN -P- WiNG I -ICI -,".NSE ADV I -ICI -,".NSE ADV Software I Wireless FORE, NSICS FOR ONE FORE, NSICS FOR ONE Warranty Sl-,".NSORAD Sl -NSC RAD AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR I LICF,".NSERS WIPS FOR Software I Wireless SI -NSC RADSP I SI -NSC RADSP Warranty AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR LICF,".NSERS WIPS FOR Software 100 Wireless 100 SI -NSC RADSP 100 SI -NSC RADSP Warranty AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR LICF,".NSERS WIPS FOR Software 1000 Wireless 1000 SI -NSC RADSP 1000 SI -NSC RADSP Warranty AD -FI -RS -P- WING I - ICI -NSE RS WIPS FOR LICF,".NSERS WIPS FOR Software 2000 Wireless 2000 SI -NSC RADSP 2000 SI -NSC RADSP Warranty AD-SNFI--P- WING I -ICI -,".NSE WIPS FOR ONE I -ICI -,".NSE WIPS FOR Software I Wireless SEN SO RAI RDI -,".F, 1-,".N SE ONE Warranty Sl-,".NSORAI RDEFI-,".NSE AD-VASN- WING LICF,".NSEVULNERABILI LICF,".NSEVULNERABIL Software P-1 Wireless 'rY ASSESMN'r i rrY ASSESMN'r i Warranty Sl-,".NSOR Sl-,".NSOR AH3313105 FAN EPM INCREM1-,".N'rAI- EPM INCRE Kif"KFAL Software 03/12/ 1000 1000 Warranty 2021 Al- Smart AIDQ04360S AIDQ04360S Dipole I Year DQ04360S OmniEdge Omni Array 5.5dBi/6dBi Warranty Wireless dual band outdoor with Attachment D Page 237 of 471 Page 518 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 238 of 471 Page 519 of 1174 quad feed 36 leads and RPSMA connectors AL1011001- [SAN UNIVERSAL RACK UNIVERSAL RACK I Year E6 MO(JN'r KI'r D MO[JN'r KI'r D Warranty ERS48XX ERS55XX ERS56XX VSP4000 VSP7000 AL1905005- [SAN ERS5600 and VSP4000 ERS5600 and VSP4000 Limited 12/20/ E5 30OW DC P/S 30OW DC P/S Lifetime 2030 Warranty with express Advanced Hardware Replacern ent A[-19050613- EA N DC PSIJ 450W ERS5900 DC POWER SUPPLY Limited E6 VSP7000 B2F 450W ERS5900 VSP7000 Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent A[ -190506F- EA N DC PSIJ 450W ERS5900 DC POWER SUPPLY Limited E6 VSP7000 F2B 450W ERS5900 VSP7000 Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Replacern ent A[-1905AO8- EAN 4800G,rs/8100 30OW AC ERS4800G,rS/WI-AN810 Limited E5 P/S NO PC 0 30OW AC RE, D PSIJ Lifetime NO PWR CRD ROHS 6/6 Warranty with express Advanced Hardware Replacern ent A[ -1905A09- [SAN ERS4900 250W PSIJ NO ERS4900 250W POWER Limited E6 POWERCORD SUPPLY (JNI'r NO Lifetime POWERCORD Warranty Attachment D Page 238 of 471 Page 519 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 239 of 471 Page 520 of 1174 with express Advanced Hardware Replacern ent A[-1905AI9- EAN ERS4900 1025W PSIJ NO ERS4900 1025W Limited E6 POWERCORD POWER SUPPLY IJNI'r i-ifetime NO POWER CORD Warranty with express Advanced Hardware Replacern ent A[ -1905A21- EAN 4800GTsPWR+ 1000W ERS4800G'rsPWR+ Limited E6 AC P/S NO PC 1000 AC RE, D PS IJ NO Lifetime PWR CRD Warranty with express Advanced Hardware Replacern ent Al-1905A3B EAN ERS5900 B2F 1400W PSIJ ERS5900 1400W AC Limited -E6 NO PC PSIJ B2F NO PC Lifetime Warranty with express Advanced Hardware Replacern ent A[-1905A3F- EAN ERS5900 F2B 1400W PSIJ ERS5900 1400W AC Limited E6 NO PC PSIJ F2B NO PC Lifetime Warranty with express Advanced Hardware Replacern ent A[-1905EI9- EAN ERS4900 1025W PSIJ NO ERS4900 1025W Limited E6 PC ERA'rE POWER SUPPLY IJNI'r i-ifetime NO PWR CORD ERA'rE Warranty ONLY with Attachment D Page 239 of 471 Page 520 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 240 of 471 Page 521 of 1174 express Advanced Hardware Replacern ent A[ -1905E21- EAN 480OGTsPWR+ 1000W ERS4800G'rsPWR+ Limited E6 AC P/S NO PC ERA'rE 1000W AC RED PSIJ NO Lifetime PWR CRD IRATE Warranty ONLY with express Advanced Hardware Replacern ent A[-1905E3F- EAN ERS5900 F2B 140OW PSIJ ERS5900 FRON'Fro Limited E6 NO PC ERA'rE BACK 140OW PSIJ NO Lifetime PWR CORD ERA'rE Warranty ONLY with express Advanced Hardware Replacern ent AL2011020- EAN DB9 Fl-,".M,rO RJ45 CONS DB9 IE TO RJ45 I Year E6 CON RED CONS CON RE, D CONY Warranty DB9 M'rO RJ45 SERIAL AL2011022- EAN 1.51 RJ45/DB9 FEM 1.51 RJ45[DB9 INTEGR I Year E6 IN'rEGR CONS CBI. CONS CABLE W DB9 Warranty Fl -,".M FOR PC AND RJ45 A[-350OA01- EAN ERS 3526'r NO PC 3526'r 24 10/100 PORTS Limited 06/30/ E6 2 10/100/1000/SFP 2 Lifetime 2023 RE, AR SEP NO PC Warranty with express Advanced Hardware Replacern ent-2 A[ -3500A02- EAN 3556'r NO PC 3556'r 48 10/100 PORTS Limited 06/30/ E6 2 10/100/1 OOO/SF P 2 Rr Lifetime 2023 SIP NO PC Warranty with express Advanced Hardware Attachment D Page 240 of 471 Page 521 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 241 of 471 Page 522 of 1174 Replacern ent-2 A[ -3500A04- EAN ERS 3 5 1 0G'r NO PC 3510G,r NO PC Limited E6 Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-350OA05- EAN ERS 3 524G,r NO PC 3 524G,r 24 10/100/1000 Limited 06/30/ E6 PORTS 4 SEP 2 REAR Lifetime 2023 SIP NO PC Warranty with express Advanced Hardware Replacern ent-2 A[-350OA06- EAN 3549GTS NO PC 3549GTS 48 10/100/1000 Limited 06/30/ E6 PORTS 2 SHARED SIP Lifetime 2023 1 SFP+ 2 RE, AR s'rK NO Warranty PC with express Advanced Hardware Replacern ent-2 A[-350OAll- EAN ERS 3 526'r PWR+ NO PC 3526'r PWR+ 24 10/100 Limited 06/30/ E6 POEPORTS 2 Lifetime 2023 10/100/1000/SFP 2 RE, Warranty SIP NO PC with express Advanced Hardware Replacern ent-2 A[-3500Al2- EAN 3556'rPWR+ NO PC 3556'rPWR+ 48 10/100 Limited 06/30/ E6 POEPORTS 2 Lifetime 2023 10/100/1000/SFP 2 Rr Warranty SIP NO PC with express Advanced Hardware Attachment D Page 241 of 471 Page 522 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 242 of 471 Page 523 of 1174 Replacern ent-2 A[ -3500A14- FAN ERS 3 5 1 0G'r PW R+ NO ERS3510G'rPWR+NO Limited E6 PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -3500A15- FAN ERS 3524G,1 PWR+ NO 3524G,1 PWR+ 24 Limited 06/30/ E6 PC 10/100/1000 POE + Lifetime 2023 PC R'rS 4 SIP 2 REAR Warranty SIP NO PC with express Advanced Hardware Replacern ent-2 A[ -3500A16- FAN 3549G,FsPWR+ NO PC 3549G,FsPWR+ 48 Limited 06/30/ E6 10/100/1000 802.3at PoE Lifetime 2023 1 SI P+ 2 RE, AR s'rK NO Warranty PC with express Advanced Hardware Replacern ent-2 AL3511001- FAN ERS 3500 RACK MOUNT 3500 RACK MOUNT I Year E6 KI'r SPARE Warranty AL3511002- FAN ERS 3510 PAIR RACK 3510 PAI R RACK KIT I Year E6 KI'r JOIN 'rwO 3510 Warranty swacHES FOR 19 INCH RACK MN'r AL3511003- FAN ERS 3510 SINGLE RACK 3510 SINGLE RACK I Year E6 KI'r KIrl, ,ro MO(JN'r ONE Warranty 3510 swrrCH IN A19 INCH RACK AL3518001- FAN ERS3500 46CM STACK 350OSSC STACK I Year E6 CABLE CABLE 46CM (1.5F-1) Warranty FOR 3500 SERIES swrrams AL3518002- FAN ERS3500 1.51 s -IACD 350OSSC STACK I Year E6 CABLE CAB LE 1.51 (5F-r)FOR Warranty Attachment D Page 242 of 471 Page 523 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 243 of 471 Page 524 of 1174 3500 SERIES swrram,s AL3518003- FAN ERS3500 31 STACK 350OSSC STACK I Year E6 CABLE CABLE 3M (1017-r) FOR Warranty 3500 SERIES swrram,s AL3600A05- FAN ERS3626GTS NO POWER ERS3626GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL3600A06- FAN ERS3650GTS NO POWER ERS3650GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL3600A15- FAN ERS3626G,FSPWR+ NO ERS3626G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL3600A16- FAN ERS3650G,FSPWR+ NO ERS3650G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -3600E16- FAN ERS3650G,FSPWR+ NO ERS3650G,FsPWR+ NO Limited E6 PC ERA'rE PW R CORD ERA'rE Lifetime ONLY Warranty with Attachment D Page 243 of 471 Page 524 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 244 of 471 Page 525 of 1174 express Advanced Hardware Replacern ent-2 Al -4516001 EAN ERS4500 ADV LIC (I ERS4500 ADVANCED Software s-rAC) I -ICI -,-.NSE KI -r (i Warranty swrrCH s-rACK) AL4518001- IRAN 4500 SSC CABLE 46CM 4500 SSC HIs'rACK I Year E6 (IF -r 51N) CAB LE 46CM (IF I r 51N) Warranty AL4518002- IAN 4500 SSC CABLE I 51 4500 SSC HIs'rACK I Year E6 (5F -r) CAB LE I 5M (5F -r) Warranty AL4518003- IAN 4500 SSC CABLE 31 4500 SSC HIs'rACK I Year E6 (1017-r) CARIE 3M (IO rr Warranty AL4518004- IAN 4500 SSC CABLE 51 4500 SSC HIs'rACK I Year E6 (16F -r 41N) CARIE 5M (16F -r 41N) Warranty A[-4800178-EAN ERS 4850GTS NO PC 4850GTS 48 GIG 2 St P 2 Limited 06/30/ E6 SFP+ POR'rs I 300W Lifetime 2023 NO PC Warranty with express Advanced Hardware Replacern ent-2 A[-4800179-EAN ERS 4826GTS NO PC 4826GTS 24 GIG 2 St P 2 Limited 06/30/ E6 SFP+ PORTS I 30OW Lifetime 2023 NO PC Warranty with express Advanced Hardware Replacern ent-2 A[ -4800A88- IAN ERS 4850G,FsPWR+ NO 4850G,FsPWR+ 48 GIG Limited 06/30/ E6 PC POE 2 St P 2 SFP+ Lifetime 2023 PORTS i 1000W NO PC Warranty with express Advanced Hardware Replacern ent-2 A[ -4800A88- IAN 4850G,rs PWR+ NO PC 4850G,rs POWER PLUS Limited 06/30/ E6GS GSA NO POWI-,".R CORD GSA Lifetime 2023 Warranty Attachment D Page 244 of 471 Page 525 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 245 of 471 Page 526 of 1174 with express Advanced Hardware Replacer ent-2 A[ -4800A89- [SAN ERS 4826G,FsPWR+ NO 4826G,FsPWR+ 24 GIG Limited 06/30/ E6 PC POE 2 SIP 2 SFP+ Lifetime 2023 POR'rs i 1000W NO PC Warranty with express Advanced Hardware Replacer ent-2 A[ -4800A89- [SAN 4826G,rs PWR+ NO PC 4826G,rs POWER PLUS Limited 06/30/ E6GS GSA NO PC WF".R CORD GSA Lifetime 2023 Warranty with express Advanced Hardware Replacer ent-2 A[ -4800E88- [SAN ERS 4850G,FsPWR+ NO 4850G,FsPWR+ 48 GIG Limited 04/08/ E6 PC ERA'rE POE 2 SIP 2 SFP+ Lifetime 2023 POR'rs i 1000W NO Warranty P CORD ERA'rE with ONLY express Advanced Hardware Replacer ent-2 A[ -4800E89- [SAN ERS 4826G,FsPWR+ NO 4826G,FsPWR+ 24 GIG Limited 04/08/ E6 PC ERA'rE POE 2 SIP 2 SFP+ Lifetime 2023 POR'rs i 1000W NO Warranty P CORD ERA'rE with ONLY express Advanced Hardware Replacer ent-2 A[ -4900A01- [SAN ERS4926GTS NO POWER ERS4926GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with Attachment D Page 245 of 471 Page 526 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 246 of 471 Page 527 of 1174 express Advanced Hardware Replacern ent-2 A[ -4900A01- [SAN TAA ERS4926GTS NO ERS4926GTS NO Limited E6GS POWERCORD POWER CORD'rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A02- [SAN ERS4926G,FSPWR+ NO ERS4926G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A02- [SAN TAA ERS4926G,FsPWR+ ERS4926G,FsPWR+ NO Limited E6GS NO POWER CORD POWER CORD'rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A03- [SAN ERS4950GTS NO POWER ERS4950GTS NO Limited E6 CORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A03- [SAN TAA ERS4950GTS NO ERS4950GTS NO Limited E6GS POWERCORD POWER CORD'rAA Lifetime Warranty with express Attachment D Page 246 of 471 Page 527 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 247 of 471 Page 528 of 1174 Advanced Hardware Replacern ent-2 A[ -4900A04- EAN ERS4950G,FSPWR+ NO ERS4950G,FsPWR+ NO Limited E6 POWERCORD POWERCORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900A04- EAN TAA ERS4950G,FsPWR+ ERS4950G,FsPWR+ NO Limited E6GS NO POWER CORD POWER CORD'rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900E02- EAN ERS4926G,FSPWR+ NO ERS4926G,FsPWR+ Limited E6 PC ERA'rE BASE SW I -ICI -,".NSE Lifetime 1025W POWER SUPPLY Warranty NO PW R CORD ERA'rE with ONLY express Advanced Hardware Replacern ent-2 A[ -4900E02- EAN ED SPEC 4950G,rs ERS4926G,FsPWR+ NA Limited E6ED RES'rR NA PW R POWER CORD (1-,-.DIJC) Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[ -4900E04- EAN ERS4950G,FSPWR+ NO ERS4950G,FsPWR+ Limited E6 PC ERA'rE BASE SW I -ICI -,".NSE Lifetime 1025W POWER SUPPLY Warranty NO PW R CORD ERA'rE with ONLY express Advanced Attachment D Page 247 of 471 Page 528 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 248 of 471 Page 529 of 1174 Hardware Replacern ent-2 A[ -4900E04- FAN ED SPEC 4950G,rsPWR ERS4950G'rsPWR+ NA Limited E6ED RES'rR NA PWR POWER CORD (1-,-.DI1C) Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-59000113- FAN ERS5928GTS DC PSIJ ERS5928GTS 450W DC Limited E6 FANS BACK'rO FRON'r POWER SUPPLY FANS Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 AL59000117- FAN ERS5928GTS DC PSIJ ERS5928GTS 450W DC Limited E6 FANS FRON'r'rO BACK POWER SUPPLY FANS Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 A[-59000313- FAN ERS5952GTS DC PSIJ ERS5952GTS 450W DC Limited E6 FANS BACK'rO FRON'r POWER SUPPLY FANS Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 A[ -590003F- FAN ERS5952GTS DC PSIJ ERS5952GTS 450W DC Limited E6 FANS FRON'r'rO BACK POWER SUPPLY FANS Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Attachment D Page 248 of 471 Page 529 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 249 of 471 Page 530 of 1174 Replacern ent-2 A[-59000513- FAN ERS59100GTS DC PSIJ ERS59100GTS 450W DC Limited E6 FANS B'rO F POWER SUPPLY FANS Lifetime BACK'rO FRON'r AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 A[ -590005F- FAN ERS59100GTS DC PSIJ ERS59100GTS 450W DC Limited E6 FANS F'rO B POWER SUPPLY FANS Lifetime FRON'r'rO BACK AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 Al-590OAlB FAN ERS5928GTS 132F 450W ERS5928GTS B21 NO Limited -E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900AIF- FAN ERS5928GTS F213 450W ERS5928GTS F213 NO Limited E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AI -5900A213 FAN ERS5928G,FSPWR+ 132F ERS5928G,FsPWR+ 132F Limited 06/30/ -E6 1400W PSIJ NO PC NO PC Lifetime 2023 Warranty with express Advanced Hardware Attachment D Page 249 of 471 Page 530 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 250 of 471 Page 531 of 1174 Replacern ent-2 A[-5900A2F- )ELAN ERS5928G,FSPWR+ F2B ERS5928G,FsPWR+ F2B Limited 06/30/ E6 1400W PSIJ NO PC NO PC Lifetime 2023 Warranty with express Advanced Hardware Replacern ent-2 Al-5900A3B [SAN ERS5952GTS B2F 450W ERS5952GTS B2F NO Limited -E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A3F- [SAN ERS5952GTS F2B 450W ERS5952GTS F2B NO Limited E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AI-5900A4B [SAN ERS5952G,FSPWR+ B2F ERS5952G,FsPWR+ B2F Limited -E6 1400W PSIJ NO PC NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A4F- [SAN ERS5952G,FSPWR+ F2B ERS5952G,FsPWR+ F2B Limited E6 1400W PSIJ NO PC NO PC Lifetime Warranty with express Advanced Hardware Attachment D Page 250 of 471 Page 531 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 251 of 471 Page 532 of 1174 Replacern ent-2 AI-5900A5B [SAN ERS59100GTS B2F 450W ERS59100GTS B2F NO Limited -E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AI-5900A5B [SAN TAA ERS59100GTS B ERS59100GTS B Limited -E6GS 450W PSIJ NO PC 450W PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A5F- [SAN ERS59100GTS F2B 450W ERS59100GTS F2B NO Limited E6 PSIJ NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A5F- [SAN TAA ERS59100GTS ITB ERS59100GTS ITB Limited E6GS 450W PSIJ NO PC 450W PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A6B [SAN ERS59100G'rSPWR+B2F ERS59100G,FsPWR+ Limited -E6 1400W PSIJ NO PC B2F NO PC Lifetime Warranty with express Advanced Hardware Attachment D Page 251 of 471 Page 532 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 252 of 471 Page 533 of 1174 Replacern ent-2 Al-5900A6B [SAN 'rAAERS59100G'rsPWR+ ERS59100G,FsPWR+ Limited -E6GS B'rF PSIJ NO PC B'rF PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A6F- [SAN ERS59100G'rSPWR+F2B ERS59100G,FsPWR+ Limited E6 1400W PSIJ NO PC F2B NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A6F- [SAN 'rAAERS59100G'rsPWR+ ERS59100G,FsPWR+ Limited E6GS FrB PSIJ NO PC FrB PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A7B [SAN ERS5928G,rS(JPWR B2F ERS5928G,rs[JPWR B2F Limited -E6 1400W PSIJ NO PC 1400W PSIJ NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A7B [SAN TAA ERS5928G,rS[JPWR ERS5928G,rS[JPWR Limited -E6GS B'rF PSIJ NO PC B'rF PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Attachment D Page 252 of 471 Page 533 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 253 of 471 Page 534 of 1174 Replacern ent-2 A[-5900A7F- )ELAN ERS5928G,rS(JPWR F2B ERS5928G,rs(JPWR F2B Limited E6 1400W PSIJ NO PC 1400W PSIJ NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 A[-5900A7F- [SAN TAA ERS5928G,rS[JPWR ERS5928G,rS[JPWR Limited E6GS FrB PSIJ NO PC Fr[ PSIJ NO Pc,rAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 Al-5900A9B [SAN TAA ERS5928m,rs ERS5928m,rs(JPWR Limited -E6GS 1400W B tot NO PC B2F 1400W PSIJ NO PC Lifetime 'rAA Warranty with express Advanced Hardware Replacern ent-2 A[-5900A9F- [SAN TAA ERS5928m,rs ERS5928m,rs(JPWR Limited E6GS 1400W F'rO B NO PC F2B 1400W PSIJ NO PC Lifetime 'rAA Warranty with express Advanced Hardware Replacern ent-2 A[-5900B'rF [SAN ERS590OB2FFANTRAY ERS5900FANTRAY Limited -E6 Kl'r B2F Lifetime Warranty with express Advanced Hardware Attachment D Page 253 of 471 Page 534 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 254 of 471 Page 535 of 1174 Replacern ent-2 A[-5900EIB- EAN TAA ERS5928GTS B2F TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5928G,rS 24 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE LICIHNSE Advanced B2F AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900EIF- [SAN TAA ERS5928GTS F2B TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5928G,rS 24 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE LICIHNSE Advanced F2B AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900E3B- [SAN TAA ERS5952GTS B2F TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE LICIHNSE Advanced B2F AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900E3F- [SAN TAA ERS5952GTS F2B TAA ETHERNET Limited E6GS 450W PSIJ NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 4 SI P+ POR'rs with INCLUDES BASE express SOFrWARE LICIHNSE Advanced F2B AIRFLOW 1 450W Hardware PSIJ AA0020074E6 Replacern POWER CORD ent-2 A[-5900E4B- [SAN TAA ERS5952G,FsPWR+ TAA ETHERNET Limited E6GS B2F 1400W NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 802.3A,1 PWR+ 4 SFP+ with POR'rs INCLUDES express BASE SOF'rWARE Advanced LICIHNSE B2F Hardware AIRFLOW 11400 Attachment D Page 254 of 471 Page 535 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 255 of 471 Page 536 of 1174 AA0020108E6 POWER Replacern CORD ent-2 A[-5900E4F- FAN ERS5952GTSPWR+ F2B ERS5952GTsPWR+ Limited E6 140OW NO PC ERA'rE BASE SW I -ICI -,".NSE Lifetime FRON'r'rO BACK Warranty 140OW NO PW R CORD with ERA'rE ONLY express Advanced Hardware Replacern ent-2 A[-5900E4F- FAN FAA ERS5952G,FsPWR+ FAA ETHERNET Limited E6GS F2B 140OW NA PC ROu'rING swrrCH Lifetime 5952G,rS 48 10/100/1000 Warranty 802.3A,r PWR+ 4 SFP+ with PORTS INCLUDES express BASE SOF'rWARE Advanced I -ICI -,".NSE F2B Hardware AIRFLOW I 140OW Replacern AA0020108E6 POWER ent-2 CORD A[-5900E6F- FAN ERS59100G'rSPWR+F2B ERS59100G,FsPWR+ Limited E6 NO PC ERA'rE F2B 140OW NO PC Lifetime ERA'rE ONLY Warranty with express Advanced Hardware Replacern ent-2 A[-5900F'rB FAN ERS5900F2BFAN'rRAY ERS5900FANTRAY Limited -E6 Kl'r F 2 Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL5911001- FAN ERS49005900 FOUR FOUR POST RACK I Year E6 Pos'r RACK MOIJN'r MOIJN'r Kl'r FOR Warranty ERS4900 ERS5900 VSP7000 Attachment D Page 255 of 471 Page 536 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AI-7000AOB EAN VSP 7000 AC PSIJ 132F VSP 7000 AC POWER Limited -E6 NO PC SUPPLY BACK2FRON'r Lifetime COOLING (NO PC) Warranty with express Advanced Hardware Replacern ent AL7000A0E- EAN VSP 7000 AC PSIJ 17213 VSP 7000 AC POWER Limited E6 NO PC SUPPLY FRON'r2BACK Lifetime COOLING (NO PC) Warranty with express Advanced Hardware Replacern ent Al-700OAlB EAN VSP 7000 DC PSIJ 13217 VSP 7000 DC POWER Limited -E6 SUPPLY BACK2FRON'r Lifetime COMING Warranty with express Advanced Hardware Replacern ent A[-7000AIF- EAN VSP 7000 DC PSIJ 17213 VSP 7000 DC POWER Limited E6 SUPPLY FRON'r2BACK Lifetime COMING Warranty with express Advanced Hardware Replacern ent AP505i-FCC Smart AP505iFCC Cloudready Dual Radio Limited OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor I lax Warranty access point. Internal Wing Antenna Domain US Puerto Rico and Colombia AP505i- Smart AP505iFcc,rAA Cloudready Dual Radio Limited FCC-'rAA OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor I lax Warranty access point. Internal Wing Attachment D Page 256 of 471 Page 537 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 257 of 471 Page 538 of 1174 Antenna Domain ITS Puerto Rico and Colombia 'rAA 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 IHMEA and Rest Of World AP510e-FCC Smart AP510eFCC Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point with external antenna ports. Domain US Puerto Rico and Colombia. AP510e- Smart AP510eFcc'rAA Cloudready Dual 5G1-Iz Limited FCC-'rAA OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point with external antenna ports. Domain US Puerto Rico and Colombia'rAA Compliant. AP510e-WR Smart AP510eWR Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point with external antenna ports. Domain IHMEA and Rest Of World. AP510i-FCC Smart AP510iFCC Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point. Internal Antenna Domain ITS Puerto Rico and Colombia Attachment D Page 257 of 471 Page 538 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP510i- Smart AP510iFcc'rAA Cloudready Dual 5G1-Iz Limited FCC-'rAA OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point. Internal Antenna Domain ITS Puerto Rico and Colombia . 'rAA Comp] i ant AP510i-WR Smart AP510iWR Cloudready Dual 5G1-Iz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor I I ax access point. Internal Antenna Domain EMI -,".A and Rest Of World AP560h- Smart AP560hFCC Cloudready Dual 5G1-Iz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal 30deg/70deg Panel Antenna Domain US and Colombia AP560h-WR Smart AP560hWR Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal 30deg/70deg Panel Antenna Domain Canada IHMEA and Singapore AP560i-FCC Smart AP560iFCC Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna Domain US and Colombia AP560i-WR Smart AP560iWR Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio Attachment D Page 258 of 471 Page 539 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 259 of 471 Page 540 of 1174 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna Domain Canada E".MEA and Singapore AP560m- Smart AP560mFCC Cloudready Dual 5G1-Iz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna + Mounting Kit (p/n K' 14740702) Domain US and Colombia AP560t-FCC Smart AP560tFCC Cloudready Dual 5G1-Iz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal 30deg/70deg Panel Antenna + Mounting Kit (p/n 30520 WSM130POI-EOI MBOAR'r02) Domain US and Colombia AP560u- Smart AP560uFCC Cloudready Dual 5G1-Iz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I 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-EIJ Wireless Eruir,,RNE'r ErHERNE'r Lifetime 2022 WA L L P u WAI,[-P[-A,rEEIJ Warranty Wing AP -6511- WING AP6511 802.1 IN AP6511 802.1 IN Limited 03/01/ 60010 -WR Wireless Eruir,,RNE'r ErHERNE'r Lifetime 2021 WAI-I-P[-A,rE WR WAI,[-P[-A,rE WR Warranty Wing Attachment D Page 259 of 471 Page 540 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP651 IE- WiNG AP 6511 EXPRESS AP 6511 EXPRESS Limited 04/13/ 60010- Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Lifetime 2022 APME WR Warranty Wing AP -651 IE- WING AP6511 11N E'rPTRNE'r AP6511 11N ETHERNET Limited 07/13/ 60010-EIJ Wireless WALLPLA'm AP EU WAI,[-P[-A,rE AP EU Lifetime 2022 ONLY Warranty Wing AP -651 IE- WING AP6511 11N E'rPTRNE'r AP6511 11N ETHERNET Limited 04/13/ 60010 -WR Wireless WALLPLA'm AP WR WAI,[-P[-A,rE AP WR Lifetime 2022 ONLY Warranty Wing AP -6521- WiNG AP6521802.1 IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60010-EIJ Wireless I RAD IN'r AN'r EU I RAD IN'r AN'r EU Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521802.1 IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60010-11- Wireless I RAD IN'rAN'r u- I RAD IN'r AN'r I I- Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 07/13/ 60010 -US Wireless RADIO IN'r AN'r us ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty IN'rERNAL AN'ri-,".NNA Wing VERSION. AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 04/13/ 60010 -WR Wireless RADIO IN'r AN'r WR ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty IN'rERNAL AN'ri-,".NNA Wing VERSION. AP -6521- WiNG AP6521802.1 IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60020-EIJ Wireless I RAD EX'r AN'rE(J I RAD EX'r AN'rE(J Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 07/13/ 60020 -US Wireless RADIO EX'r AN'r us ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty EX'rERNAI, AN'ri-,".NNA Wing VERSION. AP -6521- WiNG AP6521 802.1 IN SNGL 802.1 IN INDEP1-,".ND1-,".N'r Limited 04/13/ 60020 -WR Wireless RADIO EX'r AN'r WR ACCESS POIN'r Lifetime 2022 SINGLE RADIO Warranty EX'rERNAI, AN'ri-,".NNA Wing VERSION. Attachment D Page 260 of 471 Page 541 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP6521E- WiNG AP 6521 EXPRESS AP 6521 EXPRESS Limited 04/13/ 60010- Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Lifetime 2022 APIA, WR Warranty Wing AP -6521E- WiNG AP6521 I IN INTERNAL AP6521 I IN INTERNAL Limited 04/13/ 60010-EIJ Wireless AN'rAP I RADIO EIJ AN'ri-,".NNA AP I RADIO Lifetime 2022 EU ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN INTERNAL AP6521 I IN INTERNAL Limited 04/13/ 60010 -US Wireless AN'rAP I RADIO US AN'ri-,".NNA AP I RADIO Lifetime 2022 US ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN INTERNAL AP6521 I IN INTERNAL Limited 04/13/ 60010 -WR Wireless AN'rAP I RADIO WR AN'ri-,".NNA AP I RADIO Lifetime 2022 WR ONLY Warranty Wing AP6521E- WiNG AP 6521 EXPRESS AP 6521 EXPRESS Limited 07/13/ 60020- Wireless 802.1 IN AP EX'r AN'r 802.1 IN AP EX'r AN'r Lifetime 2022 APIA, WR WR Warranty Wing AP -6521E- WiNG AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020-EIJ Wireless AN'rAP I RADIO EIJ EX'rERNAI, AN'ri-,".NNA Lifetime 2022 AP I RADIO EIJ ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020 -US Wireless AN'rAP I RADIO US EX'rERNAI, AN'ri-,".NNA Lifetime 2022 AP I RADIO US ONLY Warranty Wing AP -6521E- WiNG AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020 -WR Wireless AN'rAP I RADIO WR EX'rERNAI, AN'ri-,".NNA Lifetime 2022 AP I RADIO WR ONLY Warranty Wing AP -6522- WiNG PORTABLE AP US PORTABLE AP US I Year 01/31/ 66003P-I1S Wireless BA'r'rERY POWERED BA'r'rERY POWERED Warranty 2024 Wing AP -6522- WiNG PORTABLE AP US PORTABLE AP US I Year 04/29/ 66003 PW- Wireless BA'r'rERY POWERED BA'r'rERY POWERED Warranty 2024 (is cus'rom cus'rom Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030-EIJ Wireless 2RAD IN'r AN'rE(J 2RAD IN'r AN'rE(J Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030-11- Wireless 2RAD IN'r AN'r u- 2RAD IN'r AN'r ii- Lifetime 2023 Warranty Wing Attachment D Page 261 of 471 Page 542 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030 -US Wireless 2RAD IN'r AN'r 2RAD IN'r AN'r Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030 -WR Wireless 2RAD IN'r AN'r 2RAD IN'r AN'r Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040-EIJ Wireless 2RAD EX'r AN'rE(J 2RAD EX'r AN'rE(J Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040 -US Wireless 2RAD EX'r AN'r 2RAD EX'r AN'r Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040 -WR Wireless 2RAD EX'r AN'r 2RAD EX'r AN'r Lifetime 2023 Warranty Wing AP6522E- WiNG AP 6522 EXPRESS AP 6522 EXPRESS Limited 03/30/ 66030- Wireless 802.1 IN APIN'r AN'r WR 802.1 IN AP IN'r AN'r Lifetime 2023 APME WR Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030-EIJ Wireless AN'rAP 2 RADIO EIJ AN'ri-,".NNA AP 2 RADIO Lifetime 2023 EU ONLY Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030 -US Wireless AN'rAP 2 RADIO US AN'ri-,".NNA AP 2 RADIO Lifetime 2023 US ONLY Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030 -WR Wireless AN'rAP 2 RADIO WR AN'ri-,".NNA AP 2 RADIO Lifetime 2023 WR ONLY Warranty Wing AP6522E- WiNG AP 6522 EXPRESS AP 6522 EXPRESS Limited 03/30/ 66040- Wireless 802.1 IN AP EX'r AN'r 802.1 IN AP EX'r AN'r Lifetime 2023 APME WR WR Warranty Wing AP -6522E- WiNG AP6522 I IN EXTERNAL AP6522 I IN Limited 03/30/ 66040-EIJ Wireless AN'rAP 2 RADIO EIJ EX'rERNAI, AN'ri-,".NNA Lifetime 2023 AP 2 RADIO EIJ ONLY Warranty Wing Attachment D Page 262 of 471 Page 543 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -6522E- WING AP6522 I IN EXTERNAL AP6522 I IN Limited 03/30/ 66040 -US Wireless AN'rAP 2 RADIO US EX'rERNAI, AN'ri-,".NNA Lifetime 2023 AP 2 RADIO US ONLY Warranty Wing AP -6522E- WING AP6522 I IN EXTERNAL AP6522 I IN Limited 03/30/ 66040 -WR Wireless AN'rAP 2 RADIO WR EX'rERNAI. AN'ri-,".NNA Lifetime 2023 AP 2 RADIO WR ONLY Warranty Wing AP -6522- WiNG AP6522 EXT ANTNX9000 AP 6522 EXT Limited 03/30/ WM-Mx- Wireless uccoRD AN'r AN'ri-,".NNA wim Lifetime 2023 F RZ NX9000 LIC POE AC Warranty LINE CORD AND Wing MI-24521-IPA61 6072 AN'ri-,".ITA AP -6532- WiNG AP6532802.1 IN INDEP AP6532802.1 IN INDEP Limited 04/13/ 66030 -WR Wireless 2RADIO IN'r AN'r 2RADIO IN'r AN'r Lifetime 2022 Warranty Wing AP -6532- WiNG AP6532802.1 IN INDEP AP6532802.1 IN INDEP Limited 04/13/ 66040 -WR Wireless 2RADIO EX'r AN'r 2RADIO EX'r AN'r Lifetime 2022 Warranty Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030-EIJ Wireless 802.1 IN AP IN'r AN'r EU 802.1 IN AP IN'r AN'r Warranty 2023 EU Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030-11- Wireless 802.1 IN AP IN'r AN'r 11- 802.1 IN AP IN'r AN'r ii- Warranty 2023 Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030 -US Wireless 802.1 IN AP IN'r AN'r us 802.1 IN AP IN'r AN'r Warranty 2023 (is Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66030 -WR Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Warranty 2023 WR Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66040-EIJ Wireless 802.11 N AP EX'r AN'r EU 802.11 N AP EX'r AN'r Warranty 2023 EU Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66040 -US Wireless 802.1 IN AP EX'r AN'r us 802.1 IN AP EX'r AN'r Warranty 2023 (is Wing AP -6562- WiNG AP65620FFDOOR AP65620FFDOOR I Year 03/30/ 66040 -WR Wireless 802.11N AP EX'r AN'r 802.11N AP EX'r AN'r Warranty 2023 WR WR Wing AP -6562- WiNG AP6562 802.1 IN ACCESS I Year 03/30/ 6604J-11- Wireless ou'rDOOR EX'r AN'r ii- POIN'rAP6562Ou'rDOO Warranty 2023 Wing Attachment D Page 263 of 471 Page 544 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 264 of 471 Page 545 of 1174 R 802.1 IN AP EXT ANT IL AP6562E- WiNG AP 6562 EXPRESS AP 6562 EXPRESS I Year 03/30/ 66030- Wireless 802.1 IN AP IN'r AN'r WR 802.1 IN AP IN'r AN'r Warranty 2023 APME WR Wing AP -6562E- WiNG AP6562 I IN INT ANT AP6562 I IN INT ANT I Year 03/30/ 66030-EI1 Wireless Our AP 2 RADIO EU ou'rDOOR AP 2 RADIO Warranty 2023 EU ONLY Wing AP -6562E- WiNG AP6562 I IN INT ANT AP6562 I IN INT ANT I Year 03/30/ 66030 -US Wireless Our AP 2 RADIO US ou'rDOOR AP 2 RADIO Warranty 2023 US ONLY Wing AP -6562E- WiNG AP6562 I IN INT ANT AP6562 I IN INT ANT I Year 03/30/ 66030 -WR Wireless Our AP 2 RADIO WR ou'rDOOR AP 2 RADIO Warranty 2023 WR ONLY Wing AP6562E- WiNG AP 6562 EXPRESS AP 6562 EXPRESS I Year 03/30/ 66040- Wireless 802.1 IN AP EX'r AN'r 802.1 IN AP EX'r AN'r Warranty 2023 APME WR WR Wing AP -6562E- WiNG AP6562 I IN EXT ANT AP6562 I IN EXT ANT I Year 03/30/ 66040-EI1 Wireless Our AP 2 RADIO EU ou'rDOOR AP 2 RADIO Warranty 2023 EU ONLY Wing AP -6562E- WiNG AP6562 I IN EXT ANT AP6562 I IN EXT ANT I Year 03/30/ 66040 -US Wireless Our AP 2 RADIO US ou'rDOOR AP 2 RADIO Warranty 2023 US ONLY Wing AP -6562E- WiNG AP6562 I IN EXT ANT AP6562 I IN EXT ANT I Year 03/30/ 66040 -WR Wireless Our AP 2 RADIO WR ou'rDOOR AP 2 RADIO Warranty 2023 WR ONLY Wing AP -7161- WiNG AP716iou'rDOOR AP71616FFDOOR I Year 03/01/ 66040 -WR Wireless 802.1 IN AP IN'ri- 802.1 IN AP IN'ri- Warranty 2021 Wing AP -7161- WiNG AP7161 Our 802.1 IN AP7161 ou'rDOOR I Year 03/01/ 66540 -JP Wireless 802.1 IJ W SENSOR JP DUAL RADIO 802.1 IN Warranty 2021 AND 802.1 IJ wim Wing SENSOR FOR JAPAN ONLY (JP) AP -7161- WING AP716iou'rDOOR AP71616FFDOOR I Year 03/01/ 66540 -WR Wireless 802.1 IN AP W/SIH.NSOR 802.1 IN AP W/SIH.NSOR Warranty 2021 IN'ri- IN'ri- Wing AP -7502- WING AP 7502 WAPLATE AP 7502 WALLPLATE Limited 03/30/ 67030- Wireless I IAC AP IN'r AN'r APME 802.1 IAC AP IN'r AN'r Lifetime 2023 APME AP MIH, Warranty Wing AP -7502- WING WALLPLATE 802.1 IAC WALLPLATE 802.1 IAC Limited 03/30/ 67030-EIJ Wireless DUAL RADIO AP. EU DUAL RADIO AP. EU Lifetime 2023 Warranty Wing Attachment D Page 264 of 471 Page 545 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7502- WiNG WALLPLATE WALLPLATE Limited 03/30/ 67030-11- Wireless 802.1 lABGN/AC AP 802.1 lABGN/AC DUAL Lifetime 2023 wi,rH,r RIM IL RADIO AP wim Warranty AES'rH'rE'ric'rRIM. Wing ISRAEL AP -7502- WiNG WALLPLATE 802.1 IAC WALLPLATE 802.1 IAC Limited 67030 -US Wireless DUAL RADIO AP. US DUAL RADIO AP. US Lifetime Warranty Wing AP -7502- WING WALLPLATE 802.1 IAC WALLPLATE 802.1 IAC Limited 03/30/ 67030 -WR Wireless DUAL RADIO AP WR DUAL RADIO AP WR Lifetime 2023 Warranty Wing AP7502E- WiNG AP7502 EXPRESS AP 7502 EXPRESS Limited 03/30/ 67030- Wireless 802.1 1AC IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 AP IA, APME AP ME Warranty Wing AP -7502E- WiNG WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030-EIJ 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 (is 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 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime WR WR Extreme Warranty Wing AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67030-EIJ Wireless 802.1 1AC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 EU EU Warranty Wing AP -7522- WiNG AP7522 2RADIO AP 7522 DUAL RADIO Limited 03/30/ 67030-E(J-B Wireless 802.1 IAC IN'rE(J 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (1-,-,(1 SKU). INCLUDED IN K1'r IS A AP 7522 BEAM C I I P Attachment D Page 265 of 471 Page 546 of 1174 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 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime (is (is Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67030 -(JS -B Wireless 2X22 MIMO IN'r AN'r us 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (US SKU). INCLUDED IN KI'r IS AN AP 7522 BEAM C I I P AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67030 -WR Wireless 802.1 1AC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 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 IN'r AN'r 802.1 1AC 2X22 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (WR SKU). INCLUDED IN KI'r IS AN AP 7522 BEAM C I I P AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67040 -1 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime WR WR Extreme Warranty Wing AP -7522- WiNG AP7522 INDOOR AP 7522 INDOOR Limited 04/02/ 67040- Wireless 802.1 1AC EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 APME APME AP MF", Warranty Wing AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67040-EIJ Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 EU EU Warranty Wing AP -7522- WiNG AP7522 2 RADIO AP 7522 DUAL RADIO Limited 03/30/ 67040-E(J-B Wireless 802.1 IAC EX'r AN'rE(J 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (1-,-,(J SKU). -rum, AN'ri-,".NNAS ON AP 7522 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA PORTS. AP 7522 EX'rERNAI, SKU Attachment D Page 266 of 471 Page 547 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 267 of 471 Page 548 of 1174 REQUIRES 3 DUAL BANDED AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67040 -US Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime (is (is Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67040 -(JS -B Wireless 2X22 MIMO EX'r AN'r tis 802.1 1AC 2X22 MIMO Lifetime 2022 ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (US SKU). -rum, AN'ri-,".NNAS ON AP 7522 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA PORTS. AP 7522 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED INCLUDED IN KI'r is AN AP 7522 BEAM C LI P AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67040 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 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 EX'r AN'r 802.1 1AC 2X22 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (WR SKU). -rum, AN'ri-,".NNAS ON AP 7522 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA PORTS. AP 7522 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED. INCLUDED IN KI'r is AN AP 7522 BEAM C LI P AP7522E- WiNG AP7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030- Wireless 802.1 1AC IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 APME APME AP MIH, Warranty Wing Attachment D Page 267 of 471 Page 548 of 1174 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-EIJ Wireless 2X22 MIMO IN'r AN'rE(J 802.1 1AC 2X22 MIMO Lifetime 2023 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (1-,-,(1 SK(J) WING EXPRESS AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030 -US Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 (is (is Warranty Wing AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030 -WR Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 WR WR Warranty Wing AP7522E- WiNG AP7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040- Wireless 802.1 1AC EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 APME APME AP MF", Warranty Wing AP -7522E- WING AP7522E DUAL I IAC AP 7522E DUAL RADIO Limited 04/17/ 67040-EIJ Wireless 2X22 MIMO EX'r AN'r 802.1 1AC 2X22 MIMO Lifetime 2023 EU ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (1-,-,(1 SK(J) WING EXPRESS AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040 -US Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 (is (is Warranty Wing AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 WR WR Warranty Wing AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -1 -WR Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime WR WR Extreme Warranty Wing AP -7532- WiNG AP7532 INDOOR AP 7532 INDOOR Limited 04/02/ 67030- Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 APME APME AP MF", Warranty Wing AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -EG Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime EG Domain Egypt Warranty Wing Attachment D Page 268 of 471 Page 549 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67030-EIJ Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 2023 EU EU Warranty Wing AP -7532- WiNG AP7532 2 RADIO AP 7532 DUAL RADIO Limited 03/30/ 67030-E(J-B Wireless 802.1 IAC IN'r AN'rE(J 802.1 IAC 3X33 MIMO Lifetime 2022 ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (1-,-,(1 SK(J) INCLUDED IN KI'r IS A AP 7532 BEAM C LI P AP -7532- WING AP7532 DUAL RADIO AP 7532 DUAL RADIO Limited 67030-11- Wireless I IAC IN'r AN'r I 1- 802.1 IAC 3X33 MIMO Lifetime ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (ISRAEL SK(J) AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -US Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime (is (is Warranty Wing AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 67030 -(JS -B Wireless 3X33 MIMO IN'r AN'r us 802.1 IAC 3X33 MIMO Lifetime ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (US SK(J) INCLUDED IN KI'r IS AN AP 7532 BEAM C LI P AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67030 -WR Wireless 802.1 IAC AP IN'r AN'r 802.1 1AC AP IN'r AN'r iifetime 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 IN'r AN'r 802.1 IAC 3X33 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty IN'rERNAL AN'ri-,".NNA Wing (WR SK(J) INCLUDED IN KI'r IS AN AP 7532 BEAM C LI P AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67040 -1 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime WR WR Extreme Warranty Wing AP -7532- WiNG AP7532 INDOOR AP 7532 INDOOR Limited 04/02/ 67040- Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 APME APME AP MF", Warranty Wing Attachment D Page 269 of 471 Page 550 of 1174 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 EX'r AN'r 802.1 1AC AP IN'r AN'r iifetime EG Domain Egypt Warranty Wing AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67040-EIJ Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 EU EU Warranty Wing AP -7532- WiNG AP 7532 DUAL RADIO AP 7532 DUAL RADIO Limited 03/30/ 67040-E(J-B Wireless 802.1 IAC EX'r AN'rE(J 802.1 IAC 3X33 MIMO Lifetime 2022 ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (1-,-,(J SKU). -rum, AN'ri-,".NNAS ON AP 7532 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA PORTS. AP 7532 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67040 -US Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime (is (is Warranty Wing AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 67040 -(JS -B Wireless 3X33 MIMO EX'r AN'r tis 802.1 IAC 3X33 MIMO Lifetime ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (US SKU). -rum, AN'ri-,".NNAS ON AP 7532 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA PORTS. AP 7532 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED INCLUDED IN KI'r is AN AP 7532 BEAM C LI P AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67040 -WR Wireless 802.1 1AC AP EX'r AN'r 802.1 1AC AP EX'r AN'r iifetime 2023 WR WR Warranty Wing Attachment D Page 270 of 471 Page 551 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 03/30/ 67040 -WR -B Wireless 3X33 MIMO EX'r AN'r 802.1 IAC 3X33 MIMO Lifetime 2022 WR ACCESS POIN'r Warranty EX'rERNAI, AN'ri-,".NNA Wing (WR SKU). -rum, AN'ri-,".NNAS ON AP 7532 EX'rERNAI, AN'ri-,".ITA SKIJ ARE DIPLEX AN'ri-,".NNA POR' S. AP 7532 EX'rERNAI, SKU REQUIRES 3 DUAL BANDED. INCLUDED IN KI' r is AN AP 7532 BEAM C LI P AP -7562- WING AP7562 ou'rDOOR AP 7562 DUAL RADIO I Year 670042-1- Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty WR WR ou'rDOOR ACCESS Wing POIN'r AN'ri-,".NNA INs'rALLED A'r FAC'rORY WR Extreme AP -7562- WiNG AP7562 DUAL RADIO AP 7562 DUAL RADIO I Year 04/02/ 670042AP1 Wireless 802.1 IAC 3X33MIMO 802.1 IAC 3X33 MIMO Warranty 2023 E Our ou'rDOOR ACCESS Wing POIN'r AN'ri-,".NNA (APME RE, ,ION) AN'ri-,".NNA INs'rALLED A'r FAC'rORY AP -7562- WiNG AP7562 ou'FDOOR AP 7562 DUAL RADIO I Year 07/28/ 670042-EI1 Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty 2023 EU ou'rDOOR ACCESS Wing POIN'r AN'ri-,".NNA INs'rALLED A'r FAc'rORY EIJ AP -7562- WiNG AP7562 ou'FDOOR AP 7562 DUAL RADIO I Year 670042-11- Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty IL ou'rDOOR ACCESS Wing POIN'r AN'ri-,".NNA INs'rALLED A'r FAC-rORY IL (ISRAEL) AP -7562- WiNG AP7562 ou'FDOOR AP 7562 DUAL RADIO I Year 670042 -US Wireless mimo AN'r INs'rAII-ED 802.1 IAC 3X33 MIMO Warranty (is ou'rDOOR ACCESS Wing POIN'r AN'ri-,".NNA INs'rALLED A'r FAC'rORY US Attachment D Page 271 of 471 Page 552 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7562- WiNG AP7562 ou'rDOOR AP 7562 DUAL RADIO I Year 07/28/ 670042 -WR Wireless mimo AN'r INs'rALLED 802.1 IAC 3X33 MIMO Warranty 2023 WR ou'rDOOR ACCESS Wing POINT AN'ri-,".NNA INs'rALLED A'r FAC'rORY WR AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 67040 -1 -WR Wireless DI. RADIO EX'r AN'r WR IP67 DUAL RADIO Warranty EX'rERNAI, Wing AN'ri-,".NNAS WR Extreme AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 07/28/ 67040-EI1 Wireless DI. RADIO EX'r AN'r EU IP67 DUAL RADIO Warranty 2023 EX'rERNAI, Wing AN'ri-,".NNAS EU AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 67040 -US Wireless DI. RADIO EX'r AN'r us IP67 DUAL RADIO Warranty EX'rERNAI, Wing AN'ri-,".NNAS US AP -7562- WiNG AP7562 802.1 IAC Our 802.1 IAC ou'rDOOR I Year 07/28/ 67040 -WR Wireless DI. RADIO EX'r AN'r WR IP67 DUAL RADIO Warranty 2023 EX'rERNAI, Wing AN'ri-,".NNAS WR AP -7562- WiNG AP7562 DUAL I IAC Our AP 7562 DUAL RADIO I Year 67041 -1- Wireless EX'r AN'r 1 12 WR 802.1 IAC 3X33 MIMO Warranty WR ou'rDOOR ACCESS Wing POIN'r EX'rERNAL AN-ri-,-.NNA (WR SKIJ) 1 12 CONNEC'rOR VERSION Extreme AP -7562- WING AP7562 DUAL I IAC Our AP 7562 DUAL RADIO I Year 07/28/ 67041 -E[1 Wireless EX'r AN'r EU 1 12 802.1 IAC 3X33 MIMO Warranty 2023 ou'rDOOR ACCESS Wing POIN'r EX'rERNAI- AN-ri-,-.NNA (EIJ SIS I1} 1 12 CONNEC'rOR VERSION AP -7562- WiNG AP7562 DUAL I IAC Our AP 7562 DUAL RADIO I Year 67041 -I1S Wireless EX'r AN'r US 1 12 802.1 IAC 3X33 MIMO Warranty ou'rDOOR ACCESS Wing POIN'r EX'rERNAI- AN-ri-,-.NNA (IJS SKIJ) 1 12 CONNEC'rOR VERSION Attachment D Page 272 of 471 Page 553 of 1174 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/ 67041 -WR Wireless 3X33mimo Our 1 12 802.1 IAC 3X33 MIMO Warranty 2023 ou'rDOOR ACCESS Wing POIN'r EX'rERNAI- AN-ri-,-.NNA (WR SKIJ) 1 12 CONNEC'rOR VERSION AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WAPLATE Limited 681330 -1 -WR Wireless WIC DG1-,".IN'r AN'r WR WI GIH, AP DUAL AND Lifetime RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing IN'rERNAL AN'ri-,".N IXCII-,-.(WR SK(J) Extreme AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WAPLATE Limited 07/28/ 681330-E(J Wireless WIC DG1-,".IN'r AN'r EU WI GIH, AP DUAL AND Lifetime 2023 RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing IN'rERNAL AN'ri-,".N IXCII-,-.(E[J SKIJ) AP -7602- WING AP7602 802.1 IAC PLATE AP7602 802.11 AC Limited 681330-11- Wireless WIC DG1-,".IN'r AN'r ii- PLATE WEDG1-,".IN'r Lifetime AN'r Domain Israel Warranty Wing AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WAPLATE Limited 681330 -(JS Wireless WIC DG1-,".IN'r AN'r us WI GIH, AP DUAL AND Lifetime RADIO IXI OR SINGLE Warranty BAND RADIO Wing 2X2.IN'rERNAI, AN-ri-,-.N-,-. ([JS SIS IJ) AP -7602- WING AP7602 802.1 IAC PLATE 802.1 IAC WAPLATE Limited 07/28/ 681330 -WR Wireless WIC DG1-,".IN'r AN'r WR WI GIH, AP DUAL AND Lifetime 2023 RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing IN'rERNAL AN'ri-,".NNA IXCII-,-.(WIZ. SK(J) AP -7622- WING AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 681330 -1 -WR Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime WR SINGLE BAND RADIO Warranty 2X21 'rERNAI, Wing AN'ri-,".NNA B LE I XCIF,", (WR SK(J) Extreme AP -7622- WING AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 07/28/ 681330-E(J Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime 2023 EU SINGLE BAND RADIO Attachment D Page 273 of 471 Page 554 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 274 of 471 Page 555 of 1174 2X2 INTERNAL Warranty AN'rE".NNA B LE I XCIE", Wing (1-,-,(1 SK(J) AP -7622- WiNG AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 68B30 -(1S Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime (is SINGLE BAND RADIO Warranty 2X21 'rERNAI, Wing AN'ri-,",ITA B LE I XCIE", [1S SK (J) AP -7622- WiNG AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 07/28/ 681330 -WR Wireless DI-/SNG IN'r AN'r IXGE RADIO IXI OR Lifetime 2023 WR SINGLE BAND RADIO Warranty 2X21 'rERNAI, Wing AN'ri-,",ITA B LE I XCIE", (WR SK(J) AP -7632- WING AP763268OB30'rN WING 802.11 ac Indoor Limited 68OB30-'rN Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgn internal Wing antenna Domain 'runisia AP -8122- WiNG AP8122 INDOOR 802.1 IN AP8122 INDOOR Limited 04/13/ 66030-EIJ Wireless AP IN'r AN'r EU 802.1 IN AP IN'r AN'r Lifetime 2022 EU Warranty Wing AP -8132- WiNG AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040-EIJ Wireless MIMOEIJ MIMOEIJ Lifetime 2022 Warranty Wing AP -8132- WiNG AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040 -US Wireless MIMOUS MIMOUS Lifetime 2022 Warranty Wing AP -8132- WiNG AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040 -WR Wireless MIMOWR MIMOWR Lifetime 2022 Warranty Wing AP -8163- WiNG AP8163 ou'rDOOR AP8163 ou'rDOOR I Year 66540 -1 -WR Wireless 802.1 IN AP EX'rwips 802.1 IN AP EX'rERNAI- Warranty WR AN'ri-,".N WR Wing Extreme AP -8163- WiNG AP8163 ou'rDOOR AP8163 ou'rDOOR I Year 07/28/ 66540-EIJ Wireless 802.1 IN AP EX,rwiPS EU 802.1 IN AP EX'rwips Warranty 2023 EU Wing AP -8163- WiNG AP8163 ou'FDOOR AP8163 ou'FDOOR I Year 66540-(1S Wireless 802.1 IN AP EX'rwips us 802.1 IN AP EX'rwips Warranty (is Wing Attachment D Page 274 of 471 Page 555 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8163- WiNG AP8163 ou'rDOOR AP8163 ou'rDOOR I Year 07/28/ 66540 -WR Wireless 802.11N AP EX'rwips 802.11N AP EX'rwips Warranty 2023 WR WR Wing AP -8232- WING AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040-EIJ Wireless 2RAD EX'r AN'r EU 2RAD EX'r AN'r EU Lifetime 2022 Warranty Wing AP -8232- WING AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040 -US Wireless 2RAD EX'r AN'r us 2RAD EX'r AN'r us Lifetime 2022 Warranty Wing AP -8232- WING AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040 -WR Wireless 2RAD EX'r AN'r WR 2RAD EX'r AN'r WR Lifetime 2022 Warranty Wing AP -8432- WING AP8432 I IAC DUAL INT AP8432 802.11AC Limited 6801330-1- Wireless AN'r2GPOE WR MUMIMODUAL RADIO Lifetime WR BAND UNLOCKED Warranty BLE IN'rERNAL Wing AN'ri-,",ITA POE Our 1JSB 2GIH. WR Extreme AP -8432- WING AP843 802.1 IAC DI- INT 802.1 IAC Limited 07/28/ 68OB30-EIJ Wireless AN'r2GPOE EU MUMIMODUAL RADIO Lifetime 2023 BAND UNLOCKED Warranty BLE IN'rERNAL Wing AN'ri-,",ITA POE Our (JSB 2GIH. IN'rERNAI- AN'ri-,".NNA EU AP -8432- WING AP8432 I IAC DUAL INT 802.1 IAC WAVE2DUAL Limited 6801330 -US Wireless AN'r 2GPOE US RADIO BAND Lifetime UNLOCKED BLE Warranty IN'rERNAL AN'ri-,".NNA Wing POE Our (JSB 2GIH, IN'rERNAL AN'ri-,",ITA [is AP -8432- WING AP843 802.1 IAC DI- INT 802.1 IAC Limited 07/28/ 68OB30-WR Wireless AN'r2GPOE WR MUMIMODUAL RADIO Lifetime 2023 BAND UNLOCKED Warranty BLE IN'rERNAL Wing AN'ri-,",ITA POE Our (JSB 2GIH. IN'rERNAI- AN'ri-,".NNA WR AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.11ac Limited 68SB30-1- Wireless IN'r AN'r 2XCII-,". WR mumimoml RADIO Lifetime WR IN'rERNAL AN'ri-,".NNA Warranty 2XCII-,"-, WR Extreme Wing Attachment D Page 275 of 471 Page 556 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 07/28/ 68SB30-EIJ Wireless IN'r AN'r 2XGE EU 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE IN'rERNAL AN'ri-,",ITA 2XCII-,"-, EU VERSION AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.1 lac Limited 68SB30-11- Wireless IN'r AN'r 2XCII-,". IL mumimoml Lifetime RADIOIN'rERNAL Warranty AN'ri-,".NNA 2XCII-,"-, IL Wing Extreme AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 rFRI RADIO Limited 68SB30-(1S Wireless IN'r AN'r 2XCII-,"-, US 802.1 IAC M(JMIMO Lifetime ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE IN'rERNAL AN'ri-,".NNA 2XCII-,"-, US VERSION AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 07/28/ 68SB30-WR Wireless IN'r AN'r 2XCII-,"-, WR 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE IN'rERNAL AN'ri-,".NNA 2XCII-,"-, IN'rERNA'rIONAI, VERION WR AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533 802.1 lac Limited 68SB40-1- Wireless EX'r AN'r 2XGE WR mumimoml RADIO Lifetime WR EX'rERNAI, AN'ri-,".NNA Warranty 2XCII-,"-, WR Extreme Wing AP -8533- WING AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 07/28/ 68SB40-EIJ Wireless EX'r AN'r 2XCII-,"-, EU 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE EX'rERNAI, AN'ri-,".NNA 2XCII-,"-, EU VERSION AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 68SB40-(1S Wireless EX'r AN'r 2XCII-,"-, US 802.1 IAC M(JMIMO Lifetime ACCESS POIN'r Warranty DEDICA'rED SIHNSOR Wing BLE EX'rERNAI, AN'ri-,".NNA 2XCII-,"-, US VERSION Attachment D Page 276 of 471 Page 557 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8533- WiNG AP8533 TRI RADIO I IAC AP8533TRI RADIO Limited 07/28/ 68SB40-WR Wireless EX'r AN'r 2XGE WR 802.1 IAC M(JMIMO Lifetime 2023 ACCESS POIN'r Warranty DEDICA'rED SIHNSOR In BLE EX'rERNAI, AN'ri-,".NNA 2XCII-,"-, IN'rERNA'riONAL VERION WR AP-PSBIAS- WiNG ou'rDOOR POE ou'rDOOR IP66 I Year 7161 -US Wireless INJEC'rOR US 802.3A,r GIGABrr Warranty E'rHERNE'r POWER Wing INJEC'rOR 100240 VAC (is 135G124-24 Fixed 1-2 B5 sw 24X3SPD+4SFP B5 sw 24X3SPD+4SFP Limited 06/30/ Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 135G124-24- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ G 24X3SPD+4SFP'rAA 24X3SPD+4SFP'rAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 135G124- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 24P2 24X3SPDA'rPOE+4SFP 24X3SPDA'rPOE+4SFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 135G124- Fixed 1-2 B 5 sw B5 sw Limited 06/30/ 24P2 -CI 24X3SPDA'rPOE+4SFP'r 24X3SPDA'rPOE+4SFP'r Lifetime 2022 AA AA Warranty with express Advanced Attachment D Page 277 of 471 Page 558 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 278 of 471 Page 559 of 1174 Hardware Replacern ent-2 13501I24-48 Fixed 1-2 135 sw 48X3SPD-1-4SFP 135 sw 48X3SPD+4SFP Limited 06/30/ Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 13501I24-48- Fixed 1-2 135 sw 135 sw Limited 06/30/ G 48X3SPD+4SFP'rAA 48X3SPD+4SFP'rAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 13501I24- Fixed 1-2 135 sw 135 sw Limited 06/30/ 48P2 48X3SPDA'rPOE+4SFP 48X3SPDA'rPOE+4SFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 13501I24- Fixed 1-2 135 sw 135 sw Limited 06/30/ 48P2-01 48X3SPDA'rPOE+4SFP'r 48X3SPDA'rPOE+4SFP'r i-ifetime 2022 AA AA Warranty with express Advanced Hardware Replacern ent-2 B5KI25-24 Fixed 1-2 135 sw 135 sw Limited 06/30/ 24X3SPD+2SFPP[-(1S 24X3SPD+2SFPP[-(1S Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 278 of 471 Page 559 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 279 of 471 Page 560 of 1174 Replacern ent-2 B5KI25-24- Fixed 1-2 135 sw 135 sw Limited 06/30/ G 24X3SPD+2SFPPi-us'rAA 24X3SPD+2SFPPI-(Js'rA Lifetime 2022 A Warranty with express Advanced Hardware Replacern ent-2 B5KI25- Fixed 1-2 135 sw 135 sw Limited 06/30/ 24P2 24X3SPDA'rPOE+2SFPPI- 24X3SPDA'rPOE+2SFPP Lifetime 2022 (is Uis Warranty with express Advanced Hardware Replacern ent-2 B5KI25- Fixed 1-2 135 sw 135 sw Limited 06/30/ 24P2 -G 24X3SPDA'rPOE+2SFPPI- 24X3SPDA'rPOE+2SFPP Lifetime 2022 us'rAA i-tjs,rAA Warranty with express Advanced Hardware Replacern ent-2 B5KI25-48 Fixed 1-2 135 sw 135 sw Limited 06/30/ 48X3SPD+2SFPPI-(JS 48X3SPD+2SFPPI-(JS Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 B5KI25-48- Fixed 1-2 135 sw 135 sw Limited 06/30/ G 48X3SPD+2SFPPi-us'rAA 48X3SPD+2SFPPI-(Js'rA Lifetime 2022 A Warranty with express Advanced Hardware Attachment D Page 279 of 471 Page 560 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 280 of 471 Page 561 of 1174 Replacern ent-2 B5KI25- Fixed 1-2 135 sw 135 sw Limited 06/30/ 48P2 48X3SPD+2SFPP[-(1S 48X3SPD+2SFPP[-(1S Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 B5KI25- Fixed 1-2 135 sw 135 sw Limited 06/30/ 48P2 -G 48X3SPD+2SFPPi-us'rAA 48X3SPD+2SFPP[-(1s'rA Lifetime 2022 A Warranty with express Advanced Hardware Replacern ent-2 1351 -24- Fixed 1-2 QTY 8 BUNDLE OF Limited 06/30/ BUN B5KI2524 Lifetime 2020 Warranty with express Advanced Hardware Replacern ent 1351 -48- Fixed 1-2 QTY 8 BUNDLE OF Limited 06/30/ BUN B5KI2548 Lifetime 2020 Warranty with express Advanced Hardware Replacern ent BR -6910- SRA 12 P C11HH, COM130NO AC Brocade 691012 x I GbE I Year 02/28/ IE AS -H -AC POWER coRDqo'r0260V combination copper Warranty 2023 10/100/1000 Base'r (RJ45)OR 100/1000 BaseX SFP portsredundant AC power supplytemperature hardened Attachment D Page 280 of 471 Page 561 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -6910- SRA 12 P C11HH, CO 30 W/ Brocade 691012 x I GbE I Year 02/28/ EAS -II -LSC DUAL DC POWER combination copper Warranty 2023 2o'rO60V 10/100/1000 Base'r (RJ45)OR 100/1000 BaseX SFP portsredundant DC power supplytemperature hardened BR -BFO- SRA BFO APPLICATION 20OG Brocade Flow Optimizer Software LRG PERPE'r(JAL Application Perpetual Warranty License for up to 20OG traffic management capabi ity BR -BFO- SRA BFO APPLICATION 20G Brocade Flow Optimizer Software SMI- PERPE'r(JAL Application Perpetual Warranty License for up to 20G traffic management capability. BR -CER- SRA CER 2024C4XR'rI 50OW Brocade CER2024C4XR'r I Year 20240-4X- ACBASE SW includes24 RJ45 portsof Warranty R'r-AC 10/100/1000Mbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024C4XR'rI 50OW Brocade CER2024C4XR'r I Year 20240-4X- DCBASE SW includes24 RJ45 portsof Warranty R'r-DC 10/100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024F4XRTI 50OW Brocade CER2024F4XR,r I Year 2024F -4X- ACBASE SW includes24 SIP ports of Warranty R'r-AC 100/100OMbps Ethernet with 4 combination Attachment D Page 281 of 471 Page 562 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 282 of 471 Page 563 of 1174 RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024F4XRT1500 W Brocade CER2024F4XR,r I Year 2024F -4X- DCBASE SW includes24 SEP ports of Warranty R'r-DC 100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024C4XI 50OW Brocade CES 2024C4X I Year 10/27/ 20240-4X- 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 SIP + 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024C4XI 50OW Brocade CES2024C4X I Year 10/27/ 20240-4X- DCBASE SW includes24 RJ45 portsof Warranty 2023 DC 10/100/100OMbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet Ports 4 fixedports of IOGigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024F4X I 50OW Brocade CES 2024F4X I Year 10/27/ 2024F -4X- ACBASE SW includes 24 SEP ports of Warranty 2023 AC 100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Attachment D Page 282 of 471 Page 563 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 283 of 471 Page 564 of 1174 Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SFP+ 500W AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024F4X I 50OW Brocade CES 2024F4X I Year 10/27/ 2024F -4X- DCBASE SW includes 24 SIP ports of Warranty 2023 DC 100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SI P+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BRK'r- WiNG BEAM CLIP for Mounting BEAM CLIP for I Month 0001471-01 Wireless Plate Mounting Plate Warranty Wing BRK'r- WiNG AP75327522 BRCK'r AP 7532 AP 7522 1 Month 000167A-01 Wireless ADAP'rER WALL BRACKE'r ADAP'rER Warranty MO(JN'r FOR WALL MO(JN'r Wing BR -MI -X- SRA MI -XE, IPORT lOOGBE lOOGbE 1port module Software 10001X 1- LIC IJPG,rO 2POR'r license upgrade 'rO 2ports Warranty 2P(1P01 ON a MI -Xe BR -MI -X- SRA MI -X 2PORT lOOGBE (M) Brocade MI -Xe two I Year I0001X2- CFP2 MODULE. SUPP (2)port I OOGbE (M) Warranty CI P2 -M module with lPv4/lPv6/MPI-S hardware support. Requires CFP2 optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -X- SRA MI -X 2PORT lOOGBE Brocade MI -Xe two I Year I0001X2- (X2) CI P2 MODULE. SUP (2)port I OOGbE (X2) Warranty CI P2 -X2 module with lPv4/lPv6/MPI-S hardware support. Requires CFP2 optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or simultaneous 1.5M IPv4 and IM IPv6 routes Attachment D Page 283 of 471 Page 564 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 284 of 471 Page 565 of 1174 in FIB. Requires high speed switch fabric module BR -MI -X- SRA MLXE IOPORT MI -X SOFTWARE Software 10GX10- lGB1-,"./10GBE LIC (JPG LICF,".NSE'ro UPGRADE Warranty 20PIJPG 'rO 20P FROM 10 POR -r (X2) -ro 20 POR'r 10G/IG COM130 MODULE. BR -MI -X- SRA l0X1/10011-,".SFP+ BLADE MI -X IOPORT I Year 10GX10-X2 X2 I OGBE/ I C113E (X2) SF P+ Warranty AND SIP COM130 MODULE wim EX,ri-,".N ROti'rE 'rABLE S[JPPOR,r tip 'rO 2M IPV4 AND 800K IPV6 ROurES IN HARDWARE. MACSEC ENABLED. UPGRADEABLE'ro 20XIOGX2 USING ADDI'riONAI- SOF'rWARE LICF,".NSE. BR -MI -X- SRA MI -X 20PORT Brocade MI -Xe twenty I Year I0GX20-M 10 GB GB E (M) (20)port 10GBE/1GBE Warranty COM130 MODULE (M) combo module with lPv4/lPv6/MPI-S hardware support. Requires SI P+ and SI P optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -X- SRA MI -X 20PORT Brocade MI -Xe twenty I Year 10GX20-X2 10 GB GB E (X2) (20)port 10GBE/1GBE Warranty COM130 MODUL (X2) combo module with lPv4/lPv6/MPI-S hardware support. Requires SI P+ and SI P optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or simultaneous 1.5M IPv4 and IM IPv6 routes in FIB. Requires hSFM. Attachment D Page 284 of 471 Page 565 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -X- SRA MI -X 24PORT IOC113E Brocade MI -Xe twenty I Year 10/27/ I00.1X24-DM MODIJI-EW/MPI-S four (24)port l0GbE Warranty 2023 S(JPPOR'r (DM) module with lPv4/lPv6/MPI-S capabilities. Requires SI PP optics. Supports 256K IPv4 routes in FIB. BR -MI -X- SRA MI -X 4PORT IO0113E AND Brocade MI -Xe eight port I Year 1001X4- 4POR-r IC113E (M) IP (4port IOC113E and 4port Warranty IPSEC-M IGBE) (M) IP Security (IPSEC) module with lPv4/lPv6/VRF hardware support. Requires SI P+ and SIP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -X- SRA XMR/M[-XF,, 4PORT XMR/M[-Xe four (4)port I Year 10/27/ I001X4-X IOC113E (X) XIP MODULE 1001bE (X) module with Warranty 2023 lPv4/lPv6/MPI-S hardware supportrequires XIP optics. Supports IM IPv4 routes in FIB. BR -MI -X- SRA XMR/M[-XF,, 4PORT MI-X/M[-Xe four (4)port I Year 10/27/ I001X4-X- IO0113E (MI-) XIP 1001bE (MI-) module with Warranty 2023 ML MODULE lPv4/lPv6/MPI-S hardware supportrequires XIP optics. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MI -X- SRA MI -X 4PORT IO0113E MI -X 4PORT IO0113E Software 1001X4- IICI-,-.NSE (JPGD -ro (x) I -ICI -,-.NSE (JPGD'ro (x) Warranty X(JPG BR -MI -X- SRA XMR/M[-XF,, 8PORT MI-Xe/XMR eight (8)port I Year 10/27/ I001X8-X IOC113E (X) SI PP 1001bE (X) module with Warranty 2023 MODULE lPv4/lPv6/MPI-S hardware supportrequires SI PP optics. Supports IM IPv4 routes in FIB. Requires high speed switch fabric modules. BR -MI -X- SRA XMR/M[-XF,, 24PORT XMR/M[-XF,, 24port I Year IGCX24-X IC113E (X) COPPER I GbE (X) Copper (RJ45) Warranty MODULE Attachment D Page 285 of 471 Page 566 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 286 of 471 Page 567 of 1174 Module. Supports IM IPv4 routes in FIB. BR -MI -X- SRA MI-X/M[-XF,, 24PORT MI-X/M[-XF,, 24port I Year IGCX24-X- I0113E (MI-) COPPER I GbE (MI-) Copper Warranty NIL MODUL (RJ45) Module. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MI -X- SRA XMR/MI-XE, 24PORT XMR/MI-XE, 24port I Year IG X24 -X I0113E (X) SIP MODULE lGbE (X) Fiber (SEP} Warranty Module. Supports IM IPv4 routes in FIB. BR -MI -X- SRA MI-X/M[-XF,, 24PORT MI-X/M[-XF,, 24port I Year 101 X24 -X- IC113E (MI-) SEP lGbE (MI-) Fiber (SIP} Warranty NIL MODULE Module. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MI -X- SRA MIA 20PORT IC113E (M) Brocade M[ -Xe twenty I Year I01X20- MODULE (20)port IGBIHAGBE (M) Warranty U I OG -M module with lPv4/lPv6/MPI-S hardware support. Requires SEP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules. Upgradeable to 1001 with BRMI-XIGX20IJ10CIMIJ PG license. BR -MI -X- SRA MLXE 20PR-r(m)10GBE M[ -Xe 20PORT (m) To Software I01X20- LIC (JPG 1100113E, Gigabit Ethernet license to Warranty (J10G- upgrade from I C113E 'ro M(JPG 101BE/1001BE combo port BR -MI -X- SRA MIA 20PORT IC113E (X2) Brocade M[ -Xe twenty I Year I01X20- MODULE (20)port I C113E (X2) Warranty U I OG -X2 module with lPv4/lPv6/MPI-S hardware support. Requires SEP optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or 1.5M IPv4 and IM Attachment D Page 286 of 471 Page 567 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 287 of 471 Page 568 of 1174 IPv6 routes in FIB. Requires hSFM. Upgradeable to I OG with extra license. BR -MI -X- SRA MI -XE, 20PR-r(X2)10C!13E MI -Xe 20PORT (X2) 10 Software IGX20- I.ICIJPG,ro 110/GBE Gigabit Ethernet license to Warranty (J10G- upgrade from I C113E 'ro X2(JPG lGBE/10GBE combo port BR -MI -X- SRA MI -X 24PORT IC113E M[-X/MI-XE, 24PORT Software IGX24- LICIHNSE UPC' RADE, IC113E LICIHNSE Warranty X(JPG N UPGRADE -ro (x) BR -MI -X- SRA MI-XE,/MI-X GIHN2 MI-Xe/MI-X Gent I Year 32-MR2-M MANAC!1-,-.mI-,-.N-r (m) management (M) module Warranty MODULE FOR for 32slot systems. Includes 4 GB RAM I internal compact flash drive (2GB) I external compact flash slot with included 203 card RS232 serial console port and 10/100/1000 Ethernet port for management BR -MI -X- SRA MI-XE,/MI-X GIHN2 MI-Xe/MI-X Gent I Year 32-MR2-X MANAC!1-,-.mI-,-.N-r (x) management (X) module Warranty MODULE FOR for 32slot systems. Includes 4 GB RAM I internal compact flash drive (2GB) I external compact flash slot with included 203 card RS232 serial console port and 10/100/1000 Ethernet port for management BR -MI -X- SRA MI -X 4PORT 40C113E (M) Brocade MI -Xe four I Year 40GX4-M QSFP+ MODULE. SUPP (4)port 40CIbE (M) Warranty module with lPv4/lPv6/MPI-S hardware support requires QSFP+ optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MI -XE,- SRA MLXE,16 EXHAUST FAN M[-Xe16 exhaust fan I Year 16 -FAN ASSEMBLY KI'r assembly kit Warranty BR -MI -XE,- SRA MLXE,16 AIR FIFFER M[-Xe16 air filter I Year 16-FurR Warranty Attachment D Page 287 of 471 Page 568 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 AC I Year 16-MR2-M- AC I MR2 (M) MG system with I MR2 (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 BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 DC I Year 16-MR2-M- DC I MR2 (M) MG system with I MR2 (M) Warranty DC management module 3 high speed switch fabric modules 4 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 AC I Year 16-MR2-X- AC I MR2 (X) MG system with I MR2 (X) Warranty AC management module 3 high speed switch fabric modules 4 180OW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA M[-XE16 3 HSF 4 180OW Brocade M[-Xe16 DC I Year 16-MR2-X- DC I MR2 (X) MG system with I MR2 (X) Warranty DC management module 3 high speed switch fabric modules 4 180OW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-M[-XF,,- SRA SPARE, M I -XE 16 Spare M[-Xe16 chassis I Year 16-S CHASSIS with 2 exhaust fan Warranty assembly kits and air filter BR-M[-XF,,- SRA 32Si-o,r NETIRON 32slot NetIron I Year 32-ACPWR- MI-XF,,/XMR/M[-X AC MI-Xe/XMR/M[-X AC Warranty 3000 300OW PS 300OW power supply BR-M[-XF,,- SRA 32Si-o,r NETIRON 32slot NetIron I Year 32-DCPWR- MI-XF,,/XMR/M[-X DC MI-Xe/XMR/M[-X DC Warranty 3000 300OW PS 300OW power supply Attachment D Page 288 of 471 Page 569 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -XE- SRA MI-XE32 EXI-IA(Js,r FAN M[-Xe32 exhaust fan I Year 32 -FAN ASSE"MBLY KI'r Warranty BR -MI -XE- SRA UPWARD DE"T LECTOR M[-Xe32 / MI -X32/ I Year 32 -FAN- FOR 32Si.o,r sys,ri-,"m XMR32000 upward fan Warranty DE"T LEC'ro FAN deflector for 32slot R chassis exhaust fans. Directs air exhaust upwards. I deflector per exhaust fan. BR -MI -XE- SRA MI-XE32 AIR FIFFERS 2 M[-Xe32 air filters 2 filter I Year 32-FurR FlurER KI'r kit Warranty BR -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 AC I Year 32-MR2-M- AC I MR2 (M) MG system with I MR2 (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 -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 DC I Year 32-MR2-M- DC I MR2 (M) MG system with I MR2 (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 -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 AC I Year 32-MR2-X- AC I MR2 (X) MG system with I 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 -MI -XE- SRA MI-XE32 7 HSF 4 3000W Brocade M[-Xe32 DC I Year 32-MR2-X- DC I MR2 (X) MG system with I MR2 (X) Warranty DC management module 7 high speed switch fabric modules 4 3000W DC Attachment D Page 289 of 471 Page 570 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 290 of 471 Page 571 of 1174 power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR -MI -XE,- SRA SPARE, MLXE,32 Spare M[-Xe32 chassis I Year 32-S CHASSIS with 2 power supply fans Warranty 8 exhaust fans and 2 air filters. BR -MI -XE,- SRA MI-XE,4 EXHAUST AN M[-Xe4 exhaust fan I Year 4 -FAN ASSF,".MBLY KI'r assembly kit Warranty BR -MI -XE,- SRA MI-XE,4 AIR FIFTER M[-Xe4 air filter I Year 4-FurR Warranty BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 AC I Year 4-MR2-M- AC I MR2 (M) MGM system with I MR2 (M) Warranty AC management module 2 high speed switch fabric modules I 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 DC I Year 4-MR2-M- DC I MR2 (M) MGM system with I MR2 (M) Warranty DC management module 2 high speed switch fabric modules I 180OW DC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 AC I Year 4-MR2-X- AC I MR2 (X) MGM system with I MR2 (X) Warranty AC management module 2 high speed switch fabric modules I 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,4 2 HSI I 180OW Brocade M[-Xe4 DC I Year 4-MR2-X- DC I MR2 (X) MGM system with I MR2 (X) Warranty DC management module 2 high speed switch fabric modules I 180OW DC power supply 4 exhaust Attachment D Page 290 of 471 Page 571 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 291 of 471 Page 572 of 1174 fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA SPARE, MI.XE,4 CHASSIS Spare M[-Xe4 chassis I Year 4-S with 4 exhaust fan Warranty assembly kits and air filter BR -MI -XE,- SRA MI-XE,8 EXHAUST AN M[-Xe8 exhaust fan I Year 8 -FAN ASSF,".MBLY KI'r assembly kit Warranty BR -MI -XE,- SRA MI-XE,8 AIR FIFTER M[-Xe8 air filter I Year 8-FurR Warranty BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 AC I Year 8-MR2-M- AC I MR2 (M) MGM system with I MR2 (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 BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 DC I Year 8-MR2-M- DC I MR2 (M) MGM system with I MR2 (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 BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 AC I Year 8-MR2-X- AC I MR2 (X) MGM system with I 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 BR -MI -XE,- SRA MI-XE,8 2 HSI 2 180OW Brocade M[-Xe8 DC I Year 8-MR2-X- DC I MR2 (X) MGM system with I 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 572 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -XE,- SRA SPARE, MI.XE,8 CHASSIS Spare M[-Xe8 chassis I Year 8-S with 2 exhaust fan Warranty assembly kits and air filter BR -MI -XE,- SRA 16/8/4Si-o,r 16 8 and 4slot MI -Xe and I Year ACPWR- M[-XE,16/8si-C'r 16 and 8S]ot XMR/MI-X Warranty 1800 XMR/MI.X AC 18 AC 180OW power supply BR -MI -XE,- SRA 16/8/4Si-o,r 16 8 and 4slot MI -Xe and I Year DCPWR- M[-XE,16/8si-C'r 16 and 8S]ot XMR/MI-X Warranty 1800 XMR/MI.X DC 18 DC 180OW power supply BR -MI -XE,- SRA MI-XE,4 HSFAC MR2 Brocade M[-Xe4 AC I Year F,,N,r-4- FANSFu-'rER enterprise switch system Warranty MR2-M-AC with I MR2 (M) management module 2 high speed switch fabric modules I 180OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -XE,- SRA MI-XE,8 HSFAC MR2 Brocade M[-Xe8 AC I Year F,,N,r-8- FANSFu-'rER enterprise switch system Warranty MR2-M-AC with I MR2 (M) management module 2 high speed switch fabric modules 2 180OW AC power supply 2 exhaust fan assembly kits and air filter. Power cord not included. BR -MI -X- SRA MI-XE,/MI-X 011-,".N2 MI-XE,/MI-X 011-,".N2 I Year MR2-M MANA011-,-.1 I-,-.N-r (m) MANAGI-,-.Ml-,-.N-r (m) Warranty MODULE FOR MODULE FOR 4 8 AND 16Si-o,r sys,rEMS. INCLUDES 4 GB RAM I IN'rERNAI- COMPACT[, FLASH DRIVE (20113) I EX'rERNAI- COMPACT[, FLASH si-o'r wim INCLUDED 20113 CARD RS232 SERIAL CONSOLE PC R'r AND 10/100/1000 E'ruir,,RNE'r POR' FSO MANA011-,".M1-,".N'r Attachment D Page 292 of 471 Page 573 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MI -X- SRA MI-XF,,/XMR GIH.N2 MI-Xe/XMR Gent I Year MR2-X MANAG1-,-.mI-,-.N-r (x) management (X) module Warranty MODULE FOR for 4 8 and 16slot systems. Includes 4 GB RAM I internal compact flash drive (2G13) I 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 [.ICI -,".NSE 10 Adds MPLS management Software 11/20/ N'rWADV- MPLS to 10 devices licensed for Warranty 2020 MPI -S-10 1-,".NN,rWADVIP or BRN'rWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. BR- SRA IP ADD ON [.ICI -,".NSE 25 Adds MPLS management Software 11/20/ N'rWADV- MPLS to 25 devices licensed for Warranty 2020 MPI -S-25 1-,".NN,rWADVIP or BRN'rWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. BR- SRA IP ADD ON [.ICI -,".NSE 50 Adds MPLS management Software 11/20/ N'rWADV- MPLS to 50 devices licensed for Warranty 2020 MPI -S-50 1-,".NN,rWADVIP or BRN'rWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. BR-NVA- SRA VISIBUTry mANAG1-,­R VISIBHTFY MANAGIH.R Software BVM-1 I -ICI -,".NSE FOR I DEVICE [.ICI -,".NSE FOR I Warranty DEVICE. Perpetual Visibility Manager license for up to I device. Attachment D Page 293 of 471 Page 574 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-NVA- SRA GTP CORRE LATION SDN controller module Software GCC MODULE FOR for the M[ -Xe Network Warranty OFFLOADWHI'r Packet Broker platform. Performs G'rP Correlation and other control functions to dynamically reprogram outbound flows from MI -Xe. BR-NVA- SRA INF OSIM STABLE NET NF OSIM sTABLENET Software INF OSIM-1 I -ICI -,".NSE FOR I DEVICE [.ICI -,".NSE FOR I Warranty DEVICE. Perpetual Infosim StableNet license for up to I device with 250 measurements. BR-NVA-SD SRA SESSION DIRECTOR SESSION DIRECTOR Software wim EXPER'r wim EXPER'r Warranty FEA'r11RES FEA'r1JRES. Perpetual license for up to 40 Gbps of traffic with 10 million subscribers (ISIS} and 25 million sessions. BR-NVA- SRA SESSION Brocade Session Director Software SD7100-P- DIREc'rORFEA'r (SFS} 7 100 feature bundle Warranty 01 BNDI-710OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SD8100-P- DIREc'rORFEA'r (SFS} 8 100 feature bundle Warranty 01 BNDI-810OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SF 8200-P- DIREc'rORFEA'r (SD) 8200 feature bundle Warranty 01 BNDI-820OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SD9100-P- DIREc'rORFEA'r (SFS} 9 100 feature bundle Warranty 01 BNDI-910OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA ANALYSIS ENGINE AND Analytics Engine within Software VACE Ul FOR REPOR'rs AND A the Vistapointe Analytics Warranty suite. Receives processed traffic metadata from APE probes computes metrics and KPIs. 'rhe vVID reporting engine and ASE SDN engine (for third art integration) are Attachment D Page 294 of 471 Page 575 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 295 of 471 Page 576 of 1174 both contained within this SKU BR-NVA- SRA PROTOCOL DECODER vIPE is the probing Software VIPE-DIA FOR DIAMF".'rER BASED platform within the Warranty IN'rE 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 IN'rERFAC 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-G'rP FOR CL'I'P vi AND V2 platform within the Warranty IN'rER Vistapointe analytics suite. vIPEG'rP is the G'rP v1 and v2 protocol probe (for G'rPu and G' Pc traffic) which extracts decodes and reduces G'rP traffic for processing by the Anal ytics engine (vACE). BR-NVA- SRA VIRTUAL BROKER ADV Brocade NVA Virtual Software VPB-API PFS RPE'r[JAL LICIHNSE Packet Broker Warranty (vPB)Advanced feature bundle (also includes Basic features)perpetual License aggregating up to 25 'l AP end points BR-NVA- SRA VIRTUAL BROKER Brocade NVA Virtual Software VPB-BP1 BASIC PERPE'r1JAI- Packet Broker (vPB)Basic Warranty LICIHNSE feature bundleperpetual License aggregating up to 25 'l AP end points Attachment D Page 295 of 471 Page 576 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-NVA- SRA VIRTUALTAP ADV 25 Brocade NVA Virtual Software v'rAP- PERPE'r(JAL LICE"NSE 'rAP (v,rAP)Advanced Warranty AP125 feature bundle(Includes Basic Features)perpetual 25 instance License BR-NVA- SRA VIRTUALTAP BASIC 25 Brocade NVA Virtual Software v'rAP- PERPE'r(JAL LICE"NSE 'rAP (v,rAP)Basic feature Warranty BP125 bundleperpetual 25 instance License BR -SI -X- SRA 48X25GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH AC FB Switch AC with Front to Warranty AC -F AIRFLOW Back airflow (Portside to nonport side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -SI -X- SRA 4 8X2 5 GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH AC BF Switch AC with Back to Warranty AC -R AIRFLOW Front airflow (Nonportside to port side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -SI -X- SRA 4 8X2 5 GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH DC FB Switch DC with Front to Warranty DC -F AIRFLOW Back airflow (Portside to nonport side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -SI -X- SRA 4 8X2 5 GE",+6X I OOGE", Brocade SLX 914048V I Year 9140-48V- swrrCH DC BF Switch DC with Back to Warranty DC -R AIRFLOW Front airflow (Nonportside to port side airflow) 48x25GE"./1OGE"./1GE". + 6x100GE"Y40GE".. (14-1) redundant power supplies Attachment D Page 296 of 471 Page 577 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 297 of 471 Page 578 of 1174 and (44-1) redundant fans included. BR -S[ -X- SRA S/WADVANCED Advanced Feature License Software 9140 -ADV- FEA'r(JRE LICE".NSE Warranty LIC -P BR -S[ -X- SRA 32XI00CIE". swiTCH NO Brocade SLX 9240320 I Year 9240-32C FAN[PS Switch. No Fans/Power Warranty supplies included. 3 2x I 00C!E",/40C!E",. BR -S[ -X- SRA 32XI00CIE". swiTCH FB Brocade SLX 9240320 I Year 9240-32C- AIRFLOW AC Switch AC with Front to Warranty AC -F Back airflow (Portside to nonport side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 32XI00CIE". SWITCH BF Brocade SLX 9240320 I Year 9240-32C- AIRFLOW AC Switch AC with Back to Warranty AC -R Front airflow (Nonportside to port side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 32XI00CIE". swiTCH FB Brocade SLX 9240320 I Year 9240-32C- AIRFLOW DC Switch DC with Front to Warranty DC -F Back airflow (Portside to nonport side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 32XI00CIE". SWITCH BF Brocade SLX 9240320 I Year 9240-32C- AIRFLOW DC Switch DC with Back to Warranty LSC -It Front airflow (Nonportside to port side airflow) 32xI00C!E"./40C!E".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA S/WADVANCED Advanced Feature License Software 9240 -ADV- FEA'r(JRE LICE".NSE Warranty LIC -P Attachment D Page 297 of 471 Page 578 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH AC PR'rSD Switch AC with Front to Warranty AC -F IN'rK Back airflow (Portside to nonport side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH AC PR'rSD EXI-I Switch AC with Back to Warranty AC -R Front airflow (Nonport Side to port side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA UPGRADE 24XICIIH.To Upgrade 24x I GE to Software 9540-24S- 2 4 X 10 C11HY I CIIH, 24xI0C!I-,"./IC!I-,". Warranty COD -P BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH DC PR'rSD Switch DC with Front to Warranty DC -F IN'rK Back airflow (Portside to nonport side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA 24X I 0C!I-,",+24X I CIIH, Brocade SLX 954024S I Year 9540-24S- swrrCH DC PR'rSD EXI-I Switch DC with Back to Warranty LSC: -It Front airflow (Nonport Side to port side airflow). Supports 24xI0C!I-,"./IC!I-,". + 24x I C11H. ports. BR -S[ -X- SRA PORTS ON DEMAND Ports on Demand for Software 9540-2C- F0 R 2 X 10 0 C11HY4 0 CIIH, 2xI00C!I-,"./40C!I-,"-, Uplinks Warranty POD -P BR -S[ -X- SRA 48XI0C!I-,".+6XI00C!I-,"-, Brocade SLX 954048S I Year 9540-48S- swrrCH AC PR'rSD Switch AC with Front to Warranty AC -F IN'rK Back airflow (Portside to nonport side airflow). Supports 48xI0C!I-,"./IC!I-,". + 6xI00C!I-,"./40C!I-,".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 4 8X I OCIF,",+6X I 00CIF,", Brocade SLX 954048S I Year 9540-48S- swrrCH AC PR'rSD EXI-I Switch AC with Back to Warranty AC -R Front airflow (Nonport Side to port side airflow). Supports 48xI0C!I-,"./IC!I-,". + 6xI00C!I-,"./40C!I-,".. (14-1) redundant power supplies Attachment D Page 298 of 471 Page 579 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 299 of 471 Page 580 of 1174 and (44-1) redundant fans included. BR -S[ -X- SRA 4 8X I 0GI-,",+6X I 00CIF,", Brocade SLX 954048S I Year 9540-485- swrrCH DC PR'rSD Switch DC with Front to Warranty DC -F II 'rK Back airflow (Portside to nonport side airflow). Supports 48xI0GI-,"./IGI-,". + 6xI00GI-,"./40GI-,".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA 4 8X I 0GI-,",+6X I 00CIF,", Brocade SLX 954048S I Year 9540-485- swrrCH DC PR'rSD EXIT Switch DC with Back to Warranty LSC: -It Front airflow (Nonport Side to port side airflow). Supports 48xI0GI-,"./IGI-,". + 6xI00GI-,"./40GI-,".. (14-1) redundant power supplies and (44-1) redundant fans included. BR -S[ -X- SRA ADVANCED FEATURE Advanced Feature License Software 9540 -ADV- IICI-,".NSE Warranty LIC -P BR- SRA SLX 9850 IOOGX12 SLX 9850 IOOGX12 I Year SLX9850- IN'rERFACE MODULE IN'rERFACE MOD (JI -E Warranty IOOGX12CQ W/MPLS W/MPLS -M BR- SRA SLX9850 IOOGX36 Brocade SLX 9850 36port I Year SLX9850- IN'rERFACE MODULE I 00GbE60port 40GbE or Warranty IOOGX36CQ 240port I 0GbE flexspeed -D (D) interface module with lPv4/lPv6 hardware support. Requires QSFP28QSFP+ optics 40GbE to I 0GbE break out(I 0GbE) connectivity. Supports 750K MAC256K IPv4 64K IPv6 routes BR- SRA SLX9850 IOOGX36 BR SLX 9850 36port I Year SLX9850- IN'rERFACE MODULE I 00GbE60port 40GbEor Warranty IOOGX36CQ W/ MPLS 240port I 0GbE flexspeed -M (M) interface module with lPv4/lPv6/MPI-S hardware Attachment D Page 299 of 471 Page 580 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 300 of 471 Page 581 of 1174 support. Requires QSFP28QSFP+ optics 40CIbE to I 0GbE break out(I 0GbE) connectivity. Supports 750K MAC256K IPv4 64K IPv6 routes BR- SRA 6XIOOG POD SW 6xI00G POD SW license Software SLX9850- LIC E"NSE FOR ING POD to be used with Warranty I OOGX6CQ- BLADE S[-X985010OGx12CQM M-IJPG I OOG blade only BR- SRA SLX9850 IOGX72 Brocade SIX 9850 72port I Year SLX9850- IN'rERFACE MODULE I OC!bl-,-./ I GbE (D) Warranty IOGX72S-D interface module with IPv4/IPv6 hardware support. Requires SI P+ optics for l0GbE connectivity and SI P optics for IGbE connectivity. Supports 750K MAC 256K IPv4 routes and 64K IPv6 routes BR- SRA SLX9850 IOGX72 Brocade SIX 9850 72port I Year SLX9850- IN'rERFACE MODULE I 0GbE/IGbE (M) Warranty IOGX72S-M W/ MPI -S interface module with lPv4/lPv6/MPI-S hardware support. Requires SFP+ optics for l0GbE connectivity and SIP optics for IGbE connectivity. Supports 750K MAC 256K IPv4 routes and 64K IPv6 routes BR- SRA SLX98504 AC sysTT"m Brocade SIX 9850 4slot I Year SLX9850-4- BUNDLE chassis with I Warranty BND-AC management module 5 switch fabric modules 2 300OW AC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SIX 98504 DC SYSTEM Brocade SIX 9850 4slot I Year SLX9850-4- BUNDLE chassis with I Warranty BND-DC management module 5 Attachment D Page 300 of 471 Page 581 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 301 of 471 Page 582 of 1174 switch fabric modules 2 300OW DC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SI -X98504 SWITCH Brocade SLX 9850 switch I Year SI -X9850-4- FABRIC MODULE fabric module for 4slot Warranty SI M chassis BR- SRA SLX 98508 AC SYSTEM Brocade SLX 9850 Not I Year SI -X9850-8- BUNDLE chassis with I Warranty BND-AC management module 5 switch fabric modules 4 300OW AC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SLX 98508 DC SYSTEM Brocade SLX 9850 Not I Year SI -X9850-8- BUNDLE chassis with I Warranty BND-DC management module 5 switch fabric modules 4 300OW DC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SI -X98508 SWITCH Brocade SLX 9850 switch I Year SI -X9850-8- FABRIC MODULE fabric module for Not Warranty SI M chassis BR- SRA SI -X9850 Brocade SLX 9850 1 Year SI -X9850- MANAGE".mI-,".N'r management module for Warranty NIM MODULE 4slot and Not systems includes 32GB RAM 2 internal Solid State Drives 4Core Intel CPIJ 2 (TSB 3.0 ports 2 RJ45 console ports and 10GbE Services port BR- SRA S/WVCS S/W LICE"NSE VCS S/W LICE"NSE FOR Software VDX6710- FOR VDX671054 VDX671054 Warranty 54VCS-01 BR- SRA S/WFCOE S/W LICE"NSE Software License to Software 06/29/ VDX6720- VDX672024/16PP enable FCoE on Warranty 2024 24FCOE-01 VDX672016 or VDX672024 BR- SRA S/W8POR'r POD 8PORT Ports on Demand Software 06/29/ VDX6720- LICENSE FOR License for VDX672016 Warranty 2024 24POD-01 VDX672016PP Attachment D Page 301 of 471 Page 582 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 302 of 471 Page 583 of 1174 to make a1124 ports enabled BR- SRA S/WVCS S/W LICIH.NSE Software License to Software 06/29/ VDX6720- FOR VDX672024/16PP enable VCS on Warranty 2024 24VCS-01 VDX672024 or VDX672016 BR- SRA S/WFCOE [.ICI -,".NSE FOR Software License to Software 06/29/ VDX6720- VDX672060/40PP enable FCoE on Warranty 2024 60F COO -01 VDX672040 VDX672060 BR- SRA S/W10POR'r POD IOPORT Ports on Software 06/29/ VDX6720- I -ICI -,".NSE FOR Demand License for Warranty 2024 60POD-01 VDX6720/40PP VDX672040 to enable 10 more ports BR- SRA S/WVCS [.ICI -,".NSE FOR Software License to Software 06/29/ VDX6720- VDX672060/40 enable VCS on Warranty 2024 60VCS-01 VDX672060 or VDX672040 BR- SRA 8PORT POD LICIH.NSE 8PORT POD LICIH.NSE Software VDX6730- FOR VDX673016 FOR VDX673016 Warranty 24POD-01 BR- SRA S/WVCS S/W LICIH.NSE VCS S/W LICIH.NSE FOR Software VDX6730- FOR VDX673024/16PP VDX673024 VDX673016 Warranty 24VCS-01 BR- SRA IOPORT POD LICIH.NSE IOPORT POD LICIH.NSE Software VDX6730- FOR VDX673040 FOR VDX673040 Warranty 60POD-01 BR- SRA S/WVCS S/W LICIH.NSE VCS S/W LICIH.NSE FOR Software VDX6730- FOR VDX673040/60PP VDX673060 VDX673040 Warranty 60VCS-01 BR- SRA VDX674024PSFP+DCPOR VDX 6740 24P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r Al POR'rs ONLY NO Warranty 24 -DC -F op'ricS DC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674024PSFP+DCPOR VDX 6740 24P SI P+ I Year VDX6740- 'r SIDE EXI-IA[Js,r AF POR'rs ONLY NO Warranty 24 -DC -R op'ricS DC PC R'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674024PSFP+ACNO VDX 6740 24P SI P+ I Year VDX6740- N PC R'r SIDE EX AF POR'rs ONLY NO Warranty 24-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674024PSFP+ACPOR VDX 6740 24P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r AF POR'rs ONLY NO Warranty 24-R Attachment D Page 302 of 471 Page 583 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 303 of 471 Page 584 of 1174 op'ricS AC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA SW2PORT 40G POD LIC 2PORT 40G Ports on Software VDX6740- FOR VDX6740/674o,1 Demand(POD) LICIH.NSE Warranty 2X40G-POD FOR VDX6740 AND VDX674o,r BR- SRA VDX674048PSFP+ACNO VDX 674048P SI P+ I Year VDX6740- N PC R'r SIDE EX AF POR'rs ONLY NO Warranty 48-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674048PSFP+ACPOR VDX 6740 48P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r AF POR'rs ONLY NO Warranty 48-R op'ricS AC PC R'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674064PSFP+FCOEA VDX 6740 BUNDLE 64P I Year VDX6740- CNONPOR'r EX AF SFP+ POR'rs ONLY NO Warranty 64 -Al,[ -SW- onics vcs LIC FCOE F LIC AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674064PSFP+FCOEA VDX 6740 BUNDLE 64P I Year VDX6740- CPC R'r SD EX AF SFP+ POR'rs ONLY NO Warranty 64 -Al,[ -SW- onics vcs LIC FCOE R LIC AC PC R'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674064PSFP+ACNO VDX 674048P SI P+ I Year VDX6740- N PC R'r SIDE EX AF PC R'rS and 4P QSFP+ Warranty 64-F OnlyNO op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674064PSFP+ACPOR VDX 674048P SI P+ I Year VDX6740- 'r SIDE EXI-IA(Js,r AF PC R'rS and 4P QSFP+ Warranty 64-R ports ONLY NO onics AC POR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA SW8POR'r 10G POD LIC 8PORT 10G SFP+ Ports Software VDX6740- FOR VDX6740/674o,1 on Warranty 8XIOG-POD Dernand(POD)LICIH.NSE FOR VDX6740 and VDX674o,r BR- SRA S/WVCS AND FCOE VCS S/W LICIH.NSE and Software VDX6740- I-ICl-,".NSEVDX6740/674o'r FCOE S/W LICIH.NSE Warranty ALLSW FOR VDX6740 AND VDX674o,r Attachment D Page 303 of 471 Page 584 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA S/WFCOE [.ICI -,".NSE FOR FCOE S/W [.ICI -,".NSE Software VDX6740- VDX6740/VDX674o,r FOR VDX6740 AND Warranty FCOE 674o'r BR- SRA SW16PORT 10G COD SW16PORT 10G Software VDX674o,r- (JPGRD [-ICVDX674o,rlG Capacity on Demand LIC Warranty IG-16XIOG- FOR VDX674o,rlG COD BR- SRA VDX674o'r24P1ocii3'rDC VDX 6746'r 24P l0G13'r I Year VDX674o,r- NONPOR'rSIDE EX AF PORTS ONLY NO Warranty 24 -DC -F op'ricS DC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r24P1ociJ3'rDCP VDX 6746'r 24P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY NO Warranty 24 -DC -R op'ricS DC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r24P1ociJ3'rAC VDX 6746'r 24P l0G13'r I Year VDX674o,r- NONPR'rSD EX AF PORTS ONLY NO Warranty 24-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r24P1ocii3'rACP VDX 6746'r 24P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY NO Warranty 24-R op'ricS AC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r48P1ocii3'rAC VDX 6746'r 48P l0G13'r I Year VDX674o,r- NONPR'rSD EX AF PORTS ONLY NO Warranty 48-F op'ricS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r48P1ociJ3'rACP VDX 6746'r 48P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY NO Warranty 48-R op'ricS AC PORT SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX 6746TIG 48P VDX 6746'r 48P I Year VDX674o,r- lG'rNPOR'rSIDE EXI-I Al IGBASE'r PC R'rS2 Warranty 56 -IG -DC -F 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS DC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX 6746TIG 48P VDX 6746'r 48P I Year VDX674o,r- lG'rPOR'rSIDE EXI-I Al IGBASE'r POR'rS2 Warranty 56 -IG -DC -R 40C113E QSFP+ Attachment D Page 304 of 471 Page 585 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 305 of 471 Page 586 of 1174 UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS DC POR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX6746TIG48PIGRAS VDX 6746'r 48P I Year VDX674o,r- E'r POR'rS2 40CII31-,".N IGBASE'r POR'rS2 Warranty 56 -IG -F 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX6746TIG48PIGRAS VDX 6746'r 48P I Year VDX674o,r- E'r POR'rS2 40C113E IGBASE'r POR'rS2 Warranty 56 -IG -R 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC POR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674o'r64PTociJ3'rFCO VDX 6746'r BUNDLE I Year VDX674o,r- EACNONPR'r EX AF 48P l0G13'r PORTS and Warranty 64 -Al,[ -SW- 4P QSFP+ POR-rs ONLY F NO op,rics vcs uc FCOE LIC AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674o'r64PTocii3'rFCO VDX 6746'r BUNDLE I Year VDX674o,r- EACPOR'r EX AF 48P l0G13'r PORTS and Warranty 64 -Al,[ -SW- 4P QSFP+ POR-rs ONLY R NO op,rics vcs uc FCOE LIC AC POR'r SIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX674o'r64PTociJ3'rSFP VDX 6746'r 48P l0G13'r I Year VDX674o,r- +ACNON PR'r EX AF PORTS ONLY and 4P Warranty 64-F QSFP+ NO op -TICS AC NONPOR'r SIDE EXI-IA[Js,r AIRFLOW BR- SRA VDX674o'r64PTocii3'rACP VDX 6746'r 48P l0G13'r I Year VDX674o,r- R'r SD EX AF PORTS ONLY and 4P Warranty 64-R QSFP+ NO op -TICS AC POR'r SIDE EXI-IA[Js,r AIRFLOW Attachment D Page 305 of 471 Page 586 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA S/WVCS LICIH.NSE FOR VCS S/W LICE".NSE FOR Software VDX6740- VDX6740/VDX674o,r VDX6740 AND Warranty vCS VDX674o,r BR- SRA SW16PORT IOG POD LIC 16x1OCIbE Ports On Software VDX6940- FOR VDX6940144S Demand(POD) LICE".NSE Warranty 1445-16- FOR VDX694064S AC IOCIPOD and DC models BR- SRA SW6X40C!/2XI00G POD 6x40C!bE or 2x I 00GbE Software VDX6940- LIC FORVDX6940144S Ports On Demand(POD) Warranty 1445- LICE".NSE FOR 6X40G-POD VDX694064S and VDX694096S models BR- SRA VDX6940144SACNON Brocade VDX 6940144S I Year VDX6940- POR'rsIDE EXI-IA(Js,r base system with 96 Warranty 1445 -AC -F l0GbE SI P+ ports and up to 12 40CIbE QSFP+ ports or up to 4 1 00GbE QSFP28 ports AC power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX6940144SACPORTSI Brocade VDX 6940144S I Year VDX6940- DE EXI-IA(Js,r base system with 96 Warranty 1445 -AC -R l0GbE SI P+ ports and up to 12 40CIbE QSFP+ ports or up to 4 1 00GbE QSFP28 ports AC power supply POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694024QACNON Brocade VDX 694036 1 Year VDX6940- POR'rsIDE EXI-IA(Js,r basesystern with 24 Warranty 24Q -AC -F 40CIbE COSI P+ portsAC power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694024QACPOR,rSI Brocade VDX 6940360 I Year VDX6940- DE EXI-IA(Js,r base system with 24 Warranty 24Q -AC -R 40CIbE COSI P+ ports AC power supply POR'rSIDE EXI-IA(Js,r BR- SRA VDX694024QDCNONPO Brocade VDX 6940360 I Year VDX6940- R'rsIDE EXI-IA(Js,r base system with 24 Warranty 24Q -DC -F 40CIbE COSI P+ ports DC Power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW Attachment D Page 306 of 471 Page 587 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA VDX694024QDCPOR,rSI Brocade VDX 694036Q I Year VDX6940- DE EXI-IA(Js,r base system with 24 Warranty 24Q -DC -R 40CIbE QSFP+ ports DC Power supply POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA SW12PORT 40G POD LIC 12x40C!bE Ports On Software VDX6940- FORVDX694036Q Demand(POD) license for Warranty 3602- the VDX 694024Q AC 12X40G- and DC models POD BR- SRA VDX694036QACNON Brocade VDX 694036Q I Year VDX6940- POR'rsIDE EXI-IA(Js,r base system with 36 Warranty 3602 -AC -F 40CIbE QSFP+ ports AC power supply NON POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694036QACPOR,rSI Brocade VDX 694036Q I Year VDX6940- DE EXI-IA(Js,r base system with 36 Warranty 3602 -AC -R 40CIbE QSFP+ ports AC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SACNON Brocade VDX 69401445 I Year VDX6940- POR'rsIDE EXI-IA(Js,r base system with 64 Warranty 64S -AC -F I 0GbE SFP+ ports AC power supply NON POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SACPORTSID Brocade VDX 69401445 I Year VDX6940- E EXI-IA(Js,r base system with 64 Warranty 64S -AC -R I 0GbE SFP+ ports AC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SDCNON Brocade VDX 69401445 I Year VDX6940- POR'rsIDE EXI-IA(Js,r base system with 64 Warranty 64S -DC -F 10GbE SFP+ ports DC power supply NON POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694064SDCPOR,rSID Brocade VDX 69401445 I Year VDX6940- E EXI-IA(Js,r base system with 64 Warranty 64S -DC -R 10GbE SFP+ ports DC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694096SACNON Brocade VDX 69401445 I Year VDX6940- POR'rSIDE EXI-IA(Js,r base system with 96 Warranty 96S -AC -F I 0GbE SI P+ ports AC Attachment D Page 307 of 471 Page 588 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 308 of 471 Page 589 of 1174 power supply NON POR'rsIDE EXI-IA(Js,r AIRFLOW BR- SRA VDX694096SACPORTSID Brocade VDX 6940144S I Year VDX6940- E EXI-IA(Js,r base system with 96 Warranty 96S -AC -R I 0GbE SI P+ ports AC power supply POR'rSIDE EXI-IA(Js,r AIRFLOW BR- SRA S/WFCOE S/W I -ICI -,".NSE FCOE software license for Software VDX6940- VDX6940 VDX6940 Warranty FCOE BR- SRA 12X40GQSFP+ 12 x 40CII-,", QSFP Blades I Year VDX8770- BLADIH.NO orrICS8770 No Optics Warranty 12X40G- QSFP-1 BR- SRA 27X40GBE QSFP 27 x 40CII-,", QSFP Blades I Year VDX8770- BLADES NO orrics No Optics Warranty 27X40G- QSFP BR- SRA 2 X IOOCII-,".CFP2B[.ADES 2XI00GbECFP2 Blades I Year VDX8770- W[PODNO onics with 2 ports activated by Warranty 2XIOOG- default and available for CI P2 2XIOOG POD license upgrade No Optics BR- SRA SW2XIOOG POD LIC FOR 2xI00G POD SW license Software VDX8770- 2X I OOGCF P2 BLADE to be used with Warranty 2XIOOG- VDX87702xlOOGCFP2 POD I OOG blade only BR- SRA 48XIOGSFP+ BLADIH.NO 48 x 11100IF,". SFP+ Blades I Year VDX8770- op,ricS8770 No Optics Warranty 48XIOG- SI PP -I BR- SRA 48XIOGBASET COPPER 48 X l0GBase'r Copper I Year VDX8770- BLADES NO orrics Blades No Optics Warranty 48XIOG-,r BR- SRA 48XIGSFP+ BLADIH.NO 48 x ICA,". SIP Blade No I Year VDX8770- op,ricS8770 Optics Warranty 48XIG-SFP- I BR- SRA 4 si-o'r CHASSIS3SFMI VDX8770 4 1/0 Slot I Year VDX8770-4- MM2FAN2 300OW AC chassis with 3 Switch Warranty BND-AC Fabric Modules I Management Module 2 exhaust Fan and 2 300OW AC Power supply unit. Additional Management Attachment D Page 308 of 471 Page 589 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 309 of 471 Page 590 of 1174 modules to be ordered separately. Power cord ordered separately BR- SRA 4 si-o'r CHASSIS3SFMI VDX8770 4 1/0 Slot I Year VDX8770-4- MM2FAN2 300OW DC chassis with 3 Switch Warranty BND-DC Fabric Modules I Management Module 2 exhaust Fan and 2 300OW DC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA 6X I 00GBE CF P2 6 X 100GIH. CF P2 Blades I Year VDX8770- BLADES NO orrics No Optics Warranty 6X 100G - CF BR- SRA 8 si-o'r CHASSIS6SFMI VDX8770 8 1/0 Slot I Year VDX8770-8- MM4FAN3 300OW AC chassis with 6 Switch Warranty BND-AC Fabric Modules I Management Module 4 exhaust Fan and 3 300OW AC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA 8 si-o'r CHASSIS6SFMI VDX8770 8 1/0 Slot I Year VDX8770-8- MM4FAN3 300OW DC chassis with 6 Switch Warranty BND-DC Fabric Modules I Management Module 4 exhaust Fan and 3 300OW DC Power supply unit. Additional Management modules to be ordered separately. Power cord ordered separately BR- SRA ADV SERVICE LICIH.NSE ADVANCED SERVICE Software VDX8770- FOR FCOEVCSLAYER 3 LICIH.NSE 'ro 1H.NABLE Warranty LIC -ADV FCOE VCS AND LAYER 3 ON 'rum, VDX8770 BR- SRA FCOE S/W LICIH.NSE FCOE License for Software VDX8770- VDX8870 VDX8770 Warranty LIC-FCOE Attachment D Page 309 of 471 Page 590 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA LAYER3 S/W LICIH.NSE LAYER3 license for the Software VDX8770- FOR VDX8770 VDX8770 Warranty LIC- LAYER3 BR- SRA (JPG LICIH.NSE'ro UPGRADE LICIH.NSE'ro Software VDX8770- ENABLE ADV SERVICE ENABLE ADVANCED Warranty I,IC-IJPG SERVICE ON VDX8770 BR- SRA VCS S/W LICIH.NSE FOR VCS License for Software VDX8770- VDX8770 VDX8770 Warranty LIC -VCS BR- SRA 8770 MANAG1-,".M1-,".N'r Management Module for I Year VDX8770- MODULE VDX 87704 and Warranty MM -1 VDX87708 BR- SRA 8770 SWITCH FABRIC Switch Fabric Module for I Year VDX8770- MODULE VDX 87704 and Warranty SIM -1 VDX87708 C5G124-24 Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ 24X10/100/1000+4XSFP 24X10/100/1000+4XSFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5G124-24- Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ G 24X10/100/1000+4XSFP 24X10/100/1000+4XSFP Lifetime 2022 'rAA 'rAA Warranty with express Advanced Hardware Replacern ent-2 C5G124- Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ 24P2 24X10/100/1000A'rPOE+4 24X10/100/1000A'rPOE+ Lifetime 2022 XSFP 4XSFP Warranty with express Advanced Hardware Replacern ent-2 C5G124- Fixed 1-3 C5 STACK C5 STACK Limited 06/30/ 24P2 -G 24XI0/100/1000A,rPOE 24XI0/100/1000A,1'POE Lifetime 2022 'rAA 'rAA Warranty Attachment D Page 310 of 471 Page 591 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 311 of 471 Page 592 of 1174 with express Advanced Hardware Replacern ent-2 C5GI24-48 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48XI0/100/10004-4XSFP 48XI0/100/10004-4XSFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5GI24-48- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 48XI0/100/10004-4XSFP 48XI0/100/10004-4XSFP Lifetime 2022 ,FAA FAA Warranty with express Advanced Hardware Replacern ent-2 C5GI24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 48XI0/100/1000A'rPOE+4 48XI0/100/1000A'rPOE+ Lifetime 2022 XSFP 4XSFP Warranty with express Advanced Hardware Replacern ent-2 C5GI24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 -C1 48XI0/100/1000A'rPOE+4 48XI0/100/1000A'rPOE+ Lifetime 2022 SI P,rAA 4SFP,rAA Warranty with express Advanced Hardware Replacern ent-2 C5KI25-24 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24XI0/100/10004-2XSFPP 24XI0/100/10004-2XSFP Lifetime 2022 P Warranty with Attachment D Page 311 of 471 Page 592 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 312 of 471 Page 593 of 1174 express Advanced Hardware Replacern ent-2 C5KI25-24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 24XI0/100/10004-2XSFPP 24XI0/100/10004-2XSFP Lifetime 2022 ,FAA P rFAA Warranty with express Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24P2 24XI0/100/1000A'rPOE+2 24XI0/100/1000A'rPOE+ Lifetime 2022 SI PP 2SFPP Warranty with express Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24P2 -C1 24XI0/100/1000A,rPOE 24XI0/100/1000A,rPOE Lifetime 2022 ,FAA FAA Warranty with express Advanced Hardware Replacern ent-2 C5KI25-48 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48XI0/100/10004-2XSFPP 48XI0/100/10004-2XSFP Lifetime 2022 P Warranty with express Advanced Hardware Replacern ent-2 C5KI25-48- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 48XI0/100/10004-4XSFP 48XI0/100/10004-4XSFP Lifetime 2022 ,FAA FAA Warranty with express Attachment D Page 312 of 471 Page 593 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 313 of 471 Page 594 of 1174 Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 48XIO/100/1000A'rPOE+2 48XIO/100/1000A'rPOE+ Lifetime 2022 XSFPP 2XSFPP Warranty with express Advanced Hardware Replacern ent-2 C5KI25- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 48P2 -CI 48XIO/100/1000A,rPOE 48XIO/100/1000A,rPOE Lifetime 2022 ,FAA FAA Warranty with express Advanced Hardware Replacern ent-2 C5KI75-24 Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ 24XSFP4-2XSFPP 24XSFP4-2XSFPP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5KI75-24- Fixed 1-3 C5 s'FACK C5 s'FACK Limited 06/30/ G 24XSFP4-2XSFPP rFAA 24XSFP4-2XSFPP rFAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5K-24P2- Fixed 1-3 QTY 8 C5KI2524P2 Limited 06/30/ BUN BUNDLE Lifetime 2020 Warranty with express Advanced Attachment D Page 313 of 471 Page 594 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 314 of 471 Page 595 of 1174 Hardware Replacern ent C5K-48P2- Fixed 1-3 QTY 8 C5K12548P2 Limited 06/30/ BUN SALES BUNDLE Lifetime 2020 Warranty with express Advanced Hardware Replacern ent 051 -3 -I -IC Fixed 1-3 C5 ADVANCED C5 ADVANCED Software IPV4/IPV6 ROurING IPV4/IPV6 ROurING Warranty I.ICI- Ion SE LICIH.Ion SFS, CC SRA CONSOLE CABLE Console Port Serial Cable No (DB9F to DB9F) Warranty Straightthrough CI P2-,ro- SRA 100GIHH, CI P2 To QSFP28 100 GbE CI P2 to I Year 10/31/ QSFP28- CONVERSION MODULE QSFP28 conversion Warranty 2024 MOD module CNTR-DIV- SRA ci-,".NTER si-o'r CENTER si-o'r I Year MI -XE -16 DIVIDERSMLXE,16 DIVIDERS FOR'rum, Warranty CHASSIS MLXE,16 CHASSIS CNTR-DIV- SRA ci-,".NTER si-o'r CENTER si-o'r I Year MI -XE -32 DIVIDERSMLXE,32 DIVIDERS FO 'ILII: Warranty CHASSIS MLXE,32 CHASSIS CNTR-DIV- SRA ci-,".NTER si-o'r CENTER si-o'r I Year MLXE-4-8 DIVIDERSMI-XE4 DIVIDERS FO 'ILII: Warranty MI-XE8 M[-XE,4 AND M[-XE,8 CHASSIS Cs- Subscriptio CLOUD WI -AN mGmT CLOUD WLAN mGmT No WLANJP9 n JAPAN REG DOMAIN JAPAN REG DOMAIN Warranty Cs- Subscriptio CLOUD WI -AN mGmT CLOUD WLAN mGmT Software WLANNAM n FCC REG DOMAIN FCC REG DOMAIN Warranty 9 D2G124-12 Fixed 1-2 12 X 10/100/1000 FIXED 12 X 10/100/1000 FIXED Limited 03/31/ CONFIG 1-2 swrrCH CONFIG 1-2 swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 Attachment D Page 314 of 471 Page 595 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. D2GI24-12- Fixed 1-2 12 X 10/100/1000 1-2 12 X 10/100/1000 1-2 Limited 03/31/ G swrrCH rFAA swrrCH rFAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 D2GI24-12P Fixed 1-2 12 X 10/100/1000 FIXED 12 X 10/100/1000 FIXED Limited 03/31/ POE 1-2 swrrCH POE 1-2 swrrCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 D2G124- Fixed 1-2 12 X 10/100/1000 POE 1-2 12 X 10/100/1000 POE Limited 03/31/ 12P -C1 swrrCH rFAA 1-2 swrrCH rFAA Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 D2- Fixed 1-2 D2 WALLMOUNTED No 12/31/ LOCKBOX LOCKBOX Warranty 2022 D2PO[--I-IC Fixed 1-2 POLICY LICIH.NSE FOR POLICY LICIH.NSE FOR Limited 04/01/ D2 swrrCHES D2 swrrcums Lifetime 2024 Warranty with express Advanced Hardware Replacern ent-2 D2-PWR- Fixed 1-2 EXTERNAL POE POWER EXTERNAL POE Limited 03/31/ POE BRICK FOR D2 POWER BRICK FOR D2 Lifetime 2022 swrrcum,s swrrcums Warranty with express Advanced Hardware Attachment D Page 315 of 471 Page 596 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 316 of 471 Page 597 of 1174 Replacem ent-2 D2-RM'r Fixed 1-2 D2 RACK MOUNT KIT No 12/31/ Warranty 2022 D2-,rB[-- Fixed 1-2 D2 UNDERTABLE No 12/31/ MN'r MO[JN'r KI'r Warranty 2022 1 D2-WAI,[-- Fixed 1-2 WALL MOUNT FOR D2 No 12/31/ MN'r Warranty 2022 Dl -,".MS -Al- Intrusion EMS APPLIANCE FOR 25 EMS APPLIANCE FOR I Year 09/30/ 25 Defense NODES 25 NODES Warranty 2020 Dl -,".MS -Al- Intrusion DEMSA125 HW ONLY DF -;l SA125 HW ONLY I Year 09/30/ 25R Defense FOR UPGRADES FOR UPGRADES Warranty 2020 Dl -,".MS -Al -IJ Intrusion EMS APPLIANCE WITH EMS APPLIANCE WITH I Year 09/30/ Defense NO NODE mcmr NO NODE mcmr Warranty 2020 RES,rRlc,r RE, s,rRlc,r DIPS -I E-'rx Intrusion DRAGON IPS ADDON I Year 09/30/ Defense 'rO DIPAFECOPPER FO Warranty 2020 DNIC- Intrusion 2PORT 10GIG FIBER NIC 2PORT 10GIG FIBER I Year 09/30/ 2XIOG-SR Defense NIC Warranty 2020 1 DNIC- Intrusion 4PORTTRIPLE SPD 4PORTTRIPLE SPD I Year 09/30/ 4POR'r-SX Defense FIBER NIC FIBER NIC Warranty 2020 DNIC- Intrusion 4PORT TRIPLE SPD CIJ 4PORT TRIPLE SPD CIJ I Year 09/30/ 4POR'r-'rX Defense NIC NIC Warranty 2020 DNICFO- Intrusion 4PORT FAILOPIH.N CIJ 4PORT FAILOPIH.N CIJ I Year 09/30/ 4POR'r-'rX Defense NIC NIC Warranty 2020 DNIC- Intrusion 2XIOG HIGH PRF NIC 2X I OG HIGH PRF NIC I Year 09/30/ HS2XIOG-S Defense FOR IDS/IPS MG FOR IDS/IPS MG Warranty 2020 1 DNIC- Intrusion 141CII-I PERF 4p'r NIC FOR HIGH PERF 4p'r NIC I Year 09/30/ I-IS4POR'r- Defense IDS/IPS MG FOR IDS/IPS MG Warranty 2020 SX DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 100 Defense SOFTWARE 1001 3PS Warranty 2020 umn DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 250 Defense SOFTWARE 250 M13PS Warranty 2020 umn DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 500 Defense SOFTWARE 500 M13PS Warranty 2020 umn DNIPS-Al- Intrusion DNIPSAIGHWONLY DNIPSAIG HW ONLY I Year 09/30/ G R Defense FOR UPGRADES FOR UPGRADES Warranty 2020 DNIPS-Al- Intrusion INLINE IPS/IDS APPL 6 INLINE IPS/IDS APPL 6 1 Year 09/30/ MG Defense C113PS (NIC REQ) C113PS (NIC REQ) Warranty 2020 1 DSEMS7- Intrusion DRAGON T".NTERPRISE I Year 09/30/ ME Defense MANAGl-,".mI-,".N'r Warranty 2020 SOF'rWARE Attachment D Page 316 of 471 Page 597 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. DSEMS7-SE Intrusion DRAGON ENTERPRISE I Year 09/30/ Defense MANAG1-,"M-,".N'r Warranty 2020 SOF'rWARE EB1639193 FAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ LARGE LARCH-,", Warranty 2021 EB 1639194 FAN IDE IGNITION SERVER IDE IC1NIrriON SERVER Software 12/31/ SMALL SMALL Warranty 2021 EB1639195 FAN IDE GUEST and io'r IDE GUEST and io'r Software 12/31/ MANAG1-,­R MANAGE, It Warranty 2021 EB1639197 FAN IDETACACS+ IDETACACS+ Software 12/31/ Warranty 2021 EB1639245 FAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ u'rE u'rE Warranty 2021 1 EC 1100010- FAN ONA 1101 C'Irr ONA 1101 C'Irr ITT T000 I Year E6 BASET POR,r.op,rN[- Warranty AC ADAP'rER SOLD SEPARA'rEI-Y. EC4005A03- FAN VSP 4450 TAC PSIJ NO VSP 4450 Limited E6H'r POWERCORD HIGurri-,".mPAC POWER Lifetime SUPPLY (JNI'r NO Warranty POWERCORD with express Advanced Hardware Replacem ent EC4400004- FAN 4450GSXDC Virtual Services Platform Limited 11/30/ E6 4450GSXPWR+ with 36 Lifetime 2024 port 100/1000 Mbps SIP Warranty 12 port 10/100/1000 plus with 2 MOG SI P+ ports. Inc. express Base Software License I Advanced Field replaceable 30OW Hardware PS [J. Replacem ent EC440OA03- FAN 4450G'rxP'rPWR+ NO Virtual Services Platform Limited E6 POWERCORD 4450G'rxurrPWR+ High Lifetime temperature with 48 port Warranty 10/100/1000 802.3at with PoE+ plus 2 MOG SI P+ express ports. Inc. Base Software Advanced License I Field Hardware replaceable 1000W PS(J. Replacem (No Power Cord) ent Attachment D Page 317 of 471 Page 598 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC440OA05- FAN VSP4450GSXPWR+ NO Virtual Services Platform Limited E6 PC 4450GSXPWR+ with 36 Lifetime port 100/1000 Mbps SFP Warranty 12 port 10/100/1000 with 802.3at PoE+ plus 2 express MOG SFP+ ports. Inc. Advanced Base Software License I Hardware Field replaceable 1000W Replacem PSU. 0 PC) ent EC4400A05- FAN VSP4450GSXPWR NO PC Virtual Services Platform Limited E6GS 4450GSXPWR+ with 36 Lifetime port 100/1000 Mbps SIP Warranty 12 port 10/100/1000 with 802.3at PoE+ plus 2 express MOG SFP+ ports. Inc. Advanced Base Software License I Hardware Field replaceable 1000W Replacem PS(J. No Power Cord) ent EC4800078- FAN VSP4850G'rS DC VSP4850G'rS DC Limited 11/30/ E6 Lifetime 2024 Warranty with express Advanced Hardware Replacem ent EC4800078- FAN VSP4850G'rS DC VSP4850G'rS LSC 'rAA Limited 11/30/ E6GS Lifetime 2024 Warranty with express Advanced Hardware Replacem ent EC4800A78- FAN VSP4850G'rS NO PC VSP4850G'rS NO PC Limited 11/30/ E6 Lifetime 2024 Warranty with express Advanced Hardware Replacem ent Attachment D Page 318 of 471 Page 599 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC4800A88- )ELAN VSP485OGTsPWR+ NO VSP485OGTsPWR+ NO Limited 11/30/ E6 PC PC Lifetime 2024 Warranty with express Advanced Hardware Replacern ent EC4800A88- )ELAN VSP485OGTsPWR+ NO VSP485OGTsPWR+ NO Limited 11/30/ E6GS PC Pc'rAA Lifetime 2024 Warranty with express Advanced Hardware Replacern 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 Replacern ent EC72000IF- EAN VSP 7254XSQ F2B DC Virtual Services Limited E6GS PSIJ 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 Replacern ent EC720002F- EAN VSP 7254X-rQ F2B DC Virtual Services Limited E6 PSU 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and 6 Warranty x 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacern ent Attachment D Page 319 of 471 Page 600 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720002F- EAN VSP 7254X-rQ F2B DC Virtual Services Limited E6GS PSIJ GSA 7254X,rQ with 48 x Lifetime 100M/IG/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 PSIJ 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 PSIJ 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 PSIJ 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 PSIJ 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 601 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720OA2B EAN VSP 7254X-rQ B2F AC Virtual Services Limited -E6 PSIJ NO PC 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA2B EAN VSP 7254X-rQ B2F AC Virtual Services Limited -E6GS PSIJ NO PC GSA 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA2F- EAN VSP 7254X-rQ F2B AC Virtual Services Limited E6 PSIJ NO PC 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA2F- EAN VSP 7254X-rQ F2B AC Virtual Services Limited E6GS PSIJ NO PC GSA 7254X,rQ with 48 x Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OA3B EAN 7254XSQ AC B2F 24 Virtual Services Limited -E6 IOG4 40G PR'r 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 602 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720OA3F- FAN 7254XSQ AC F2B 24 Virtual Services Limited E6 IOG4 40G PR'r 7254XSQ with 48 x Lifetime ICl/IOG 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 EC720OA4B FAN 7254X-rQ AC B2F 24 Virtual Services Limited -E6 IOG4 40G PR'r 7254X,rQ with 48 x Lifetime IOOM/ICl/IOG RJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC720OA4F- FAN 7254X-rQ AC F2B 24 Virtual Services Limited E6 IOG4 40G PR'r 7254X,rQ with 48 x Lifetime IOOM/ICl/IOG RJ45 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- FAN VSP 7200 SPARE FAN VSP 7200 Limited E6 MODULE B2F BACK2FRON'r SPARE, Lifetime FAN'rRAY Warranty with express Advanced Hardware Replacem ent EC7200F'rB- FAN VSP 7200 SPARE FAN VSP 7200 Limited E6 MODULE F2B FRON'r2BACK SPARE, Lifetime FAN'rRAY Warranty with express Advanced Hardware Replacem ent Attachment D Page 322 of 471 Page 603 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC7205AOB )ELAN VSP 7200 80OW AC PSIJ VSP 7200 80OW AC Limited -E6 B2F (NO PC) POWER SUPPLY BACK Lifetime -rO FRON-r (No POWER Warranty CORD) with express Advanced Hardware Replacer ent EC7205AOF- )ELAN VSP 7200 80OW AC PSIJ VSP 7200 80OW AC Limited E6 F2B (NO PC) POWER SUPPLY Lifetime FRON-r -rO BACK (NO Warranty POWER CORD) with express Advanced Hardware Replacer ent EC7205AIB )ELAN VSP 7200 460W AC PSIJ VSP 7200 460W AC Limited -E6 B2F (NO PC) POWER SUPPLY BACK Lifetime -rO FRON-r (No POWER Warranty CORD) with express Advanced Hardware Replacer ent EC7205AIF- )ELAN VSP 7200 460W AC PSIJ VSP 7200 460W AC Limited E6 F2B (NO PC) POWER SUPPLY Lifetime FRON-r -rO BACK (NO Warranty POWER CORD) with express Advanced Hardware Replacer ent EC7205EOF- )ELAN VSP 7200 80OW AC PSIJ VSP 7200 80OW AC Limited E6 F2B NO PC ERA'rE POWER SUPPLY Lifetime FRON'r'rO BACK NO Warranty P CORD ERA'rE with ONLY express Advanced Hardware Replacer ent Attachment D Page 323 of 471 Page 604 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8005001- FAN VSP 7200 8000 80OW DC VSP 7200 8000 80OW DC I Year E6 PSIJ F'rB COOL POWER SUPPLY F'rB Warranty COOLING EC8005A01- FAN VSP 8000 100240V AC VSP 8000 100240V I Year E6 PSIJ (No PC) 80OW AC Power Supply Warranty No power cord) EC8011002- FAN VSP 8K Chas Rck Mnt it VSP 8000 Chassis I Year E6 300900mm Universal Slide Rack Warranty Mount Kit (300mm 900mm) EC8011003- FAN VSP 8000 Chassis PS Filler VSP 8000 Chassis Power I Year E6 Panel Supply Filler Panel Warranty EC8011004- FAN VSP 8200 CHASSIS VSP 8200 CHASSIS I Year E6 SPARE, IRAN 'rRAY SPARE IRAN 'rRAY Warranty EC8011005- FAN VSP 8400 CHASSIS VSP 8400 CHASSIS I Year E6 SPARE, FAN MODULE SPARE FAN MODULE Warranty (QuAyrrry i) EC820OA01- FAN VSP 8284XSQ AC PS No Virtual Services Platform Limited E6 PC 8284XSQ with 80 IOG Lifetime SI P+ and 4 40G QSFP+ Warranty ports 1 800 W AC PS (no with PC). Must order I Slide express Rack Mount kit Advanced separately. Note Includes Hardware Base License Fan 'trays. Replacern Pluggable transceivers ent sold separately. EC820OA01- FAN VSP 8284XSQ AC PS No Virtual Services Platform Limited E6GS PC GSA 8284XSQ with 80 IOG Lifetime SI P+ and 4 40G QSFP+ Warranty ports 1 800 W AC PS (no with PC). Must order I Slide express Rack Mount kit Advanced separately. GSA Version. Hardware Note Includes Base Replacern License Fan drays. ent Pluggable transceivers sold separately. EC8400002- FAN 8404C CHASSIS 4 SI-o'rs VSP 8400C 100G chassis I Year E6 I DC PS with 4 10 module slots I Warranty 800 W DC power supply included EC840OA02- FAN 8404C CHASSIS 4 SI-o'rs VSP 8400C 100G chassis I Year E6 I AC PS NO PC with 4 10 Module slots I Warranty 800 W AC power supply included No over cord) Attachment D Page 324 of 471 Page 605 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC840OA02- FAN 84040 CHASS 4 si.6'r I VSP 84000 100G chassis I Year E6GS AC PS NO PC GSA with 4 10 Module slots I Warranty 800 W AC power supply included No power cord) EC8400E02- FAN 84040 CHAS 4 si.o,rs I 84040 CHASSIS 4 1 Year E6 AC PS NO PC ERA'rE SI-o'rs I AC PS PWR Warranty CORD ERA'rE ONLY 4 FANS NO PWR CORD ERA'rE ONLY EC8404001- FAN 8424XS ESM 24 PORT VSP 8400 24 port I/1001 I Year E6 I/1001 SI P+ SI P+ 10 Module Warranty EC8404001- FAN 8424XS 24 PORT I/1001 8424XS ESM 24 PORT I Year E6GS SI P+ GSA I/1001 SFP+ GSA Warranty VERSION EC8404002- FAN 8424X,1 ESM VSP 8400 24 port I/10G I Year E6 24x I 00M/1 G/1 OG BASET Copper 10 Module Warranty EC8404002- FAN 8424X,1 24x100M/1G/10G 8424X,1 ESM 24 PORT I Year E6GS BASET GSA 100M/1G/10GBASE'r Warranty GSA VERSION EC8404003- FAN 8408QQ ESM 8 PORT 40G VSP 8400 8 port 400.1 I Year E6 QSFP+ QSFP+ 10 Module Warranty EC8404003- FAN 8408QQ 8 PORT 40G 8408QQ ESM 8 PORT I Year E6GS QSFP+ GSA 40G GSI P+ GSA Warranty VERSION EC8404005- FAN 8418XSQESM 16x1/10G VSP 8400 16 port I/10G I Year E6 SI P+2x40G GSI P+ SI P+ and 2 port 400.1 Warranty QSFP+ combination 10 Module EC8404005- FAN 8418XSQ 16x1/1001 8418XSQ ES1 16 PORT I Year E6GS SI P+2x40G GSI P+GSA I/1001 SFP+2 PORT 40G Warranty QSFP+ COMBO GSA VERSION EC8404006- FAN 8418x-rQ 16 PT I/10G VSP 8400 16 port I/10G I Year E6 CIJ2 P -r 40G QSFP+ Copper and 2 port 40G Warranty QSFP+ combination 10 Module EC8404006- FAN 8418x -1Q 16 I/1001 CI12 8418x -1Q ESM 16 PORT I Year E6GS 40G GSI P+ GSA I/10G BASE -r () 2 POR'- Warranty 40G GSI P+ GSA EC8404007- FAN 8424GS 24 PORT VSP 8400 24 port I Year E6 1001 /I01 SIP 100/1000 Mbps SIP 10 Warranty Module EC8404007- FAN 8424GS 24 PORT 8424GS ESM 24 PORT I Year E6GS 1001 /I01 SI P GSA 1001 /I01 SIP GSA Warranty Attachment D Page 325 of 471 Page 606 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8404008- FAN 8424G,r 24 PORT VSP 8400 24 port I Year E6 1OM/1OOM/1G CIT 10/100/1000 Mbps Warranty Ccs er 10 Module EC8404008- FAN 8424G,r 24 PORT 8424G,r ESM 24 PORT I Year E6GS lOM/1OOM/1G CIJ GSA IOM/ZOOM/1G BASET Warranty GSA EC8404009- FAN 8402CQ ESM 2 PORT VSP 8400 2 port 1000I0 1 Year E6 ING QSFP28 Module Warranty EC8404009- FAN 8402CQ ESM 2 PORT 8402CQ ESM 2 PORT I Year E6GS ING QSFP28 GSA ING QSFP28 GSA. Warranty 'rRANSCEIVERS NO'r INCL EC8411002- FAN VSP 8404 ESM FILLER VSP 8400 E'rPTRNET I Year E6 PANEL swrrCH MODULE Warranty FILLER PANEL EC8602001- FAN VSP8608 Chassis includes VSP8608 Chassis I Year E6 5 Fan 'rrays includes 5 Fan 'rrays Warranty EC8602002- FAN VSP8608 Bundle. Inc] VSP8608 Bundle. Inc] I Year E6 3xSF 4xACPSI1 3xSF 4xACPSI1 Warranty EC8602003- FAN VSP8608 Bundle. Inc] VSP8608 Bundle. Inc] I Year E6 3xSF 4xDCPSI1 3xSF 4xDCPSI1 Warranty EC8604001- FAN VSP8608 Switch Fabric VSP8608 Switch Fabric I Year E6 Module Module required for Warranty Fabric Slots 57 EC8604002- FAN 8624XS IOC 24x1G/1OG 8624XS 24 port lG/1OG I Year E6 SI P+ SI P+ IOC Module Warranty EC8604003- FAN 8624X,r 166 8624X,r 24 port I Year E6 24x I OOM/1 G/1 OG BASE'r 1OOM/1G/1OGBASE'r Warranty IOC Module EC8604004- FAN 8616QQ IOC 16x4OG 8616QQ 16 port 40G I Year E6 QSFP+ QSFP+ IOC Module Warranty EC8604005- FAN 8606CQ IOC 6x1OOG 8606CQ 6 port I OOG I Year E6 QS P28 QSFP28 IOC Module Warranty EC8605A0I- FAN VSP8608 3000W AC PSIJ VSP8608 3000W AC I Year E6 No Power Cord) PSIJ No Power Cord) Warranty EC8605A02- FAN VSP8608 2500W DC PSIJ VSP8608 2500W DC I Year E6 No Power Cord) PSIJ No Power Cord) Warranty EC8611001- FAN VSP8608 Spare Fan VSP8608 Spare Fan I Year E6 Module Module Warranty EC8611002- FAN VSP8608 Spare IOC Filler VSP8608 Spare IOC I Year E6 Panel Filler Panel Warranty EC8611003- FAN VSP8608 Spare PSIJ Filler VSP8608 Spare PSIJ I Year E6 Panel Filler Panel Warranty EC8611004- FAN VSP8608 Chassis Rack VSP8608 Chassis Rack I Year E6 Mount it Mount it Warranty Attachment D Page 326 of 471 Page 607 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8611005- FAN VSP8608 Cable Guide Kit VSP8608 Cable Guide Kit I Year E6 Warranty EC8611006- FAN VSP8608 PSIJ Cover VSP8608 PSIJ Cover I Year E6 Warranty EIO-03 Smart E1003 Underseat Mounting I Year OmniEdge Solution for AP560i Warranty Wireless EIO-03-SP Smart E1003SP Service Panel for No OmniEdge AP560i/AP560h Warranty Wireless EN- - SRA IP ADD ON [.ICI -,".NSE 100 Adds IP management SW Software 11/20/ N'rWADV- DEVICES license FOR 100 devices Warranty 2020 IP -100 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. EN- - SRA IP ADD ON [.ICI -,".NSE Adds IP management SW Software 11/20/ N'rWADV- 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 requir d. EN- - SRA IP ADD ON [.ICI -,".NSE 500 Adds IP management SW Software 11/20/ N'rWADV- DEVICES license for 500 devices Warranty 2020 IP -500 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. EN- - SRA ip mGmT SWI IT INT IP management SW Software 11/20/ N'rWADV- 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 requir d. EN- - SRA POWER CORD CHINA POWER CORD CHINA No PC15CHINA PRC/3/16'ro cig 16A PRC/3/16'ro cig 16A Warranty EN- - SRA POWER CORD CHINA POWER CORD CHINA No PC15CHINA IEC309'ro cig 16A 2 IEC3 09 'ro C19 16A 2 Warranty -IEC309 EN- - SRA POWER CORD B15K Power Cord for RPS4 and No PC I 5E(JRO EUROPEAN SIACPWR European Warranty version Attachment D Page 327 of 471 Page 608 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EN- SRA POWER CORD INDIA POWER CORD INDIA No PC151NDIA- BS1363 'ro cig 13A 2 BS1363 'ro cig 13A 2 Warranty BS1363 EN- SRA POWER CORD INDIA Power cord uses British No PC151NDIA- B S546 'ro C19 16A 25 Standard plug for use in Warranty BS546 India (reseller Dlink) and South Africa. F,,N-PC151JK SRA POWER CORD B15K IJK Power Cord for RPS4 and No VERSION SIACPWR United Warranty Kingdom version EN- SRA POWER CORD B15K US Power Cord for RPS4 and No PC151JSA VERSION SIACPWR USA version Warranty NEMA 520P Plug (20amp) EN- SRA ACCESSORY RPS4 250v Cord for RPS4 and No PC151JSA- POWER CORD USA SIACPWR USA version Warranty NEMA615 VERSION NEMA 615P Plug (15 amp) EN-PCA1JS SRA PC RPS5/8/9RPSX424 POWER CORD FOR No RPSX448 A(Js,rRAIIA USE IN A(Js,rRAIIA Warranty F,,N-PCAIJS- SRA POWER POWER No EPS CORDA(Js,rRAIIA15A25 CORDA(Js,rRAI-IA15A2 Warranty 0V 50V EN -PC- SRA PWRCDC13/C14 15A C13/C14 15A Power Cord No C13C14 POWERCORD Warranty EN- SRA PC RPS9CHINA10A PC RPS9CHINA10A No PCCHINA- 250VAC INPur 250VAC INPur Warranty 250 EN- SRA POWER POWER CORD CHINA No PCCHINA2- CORDCHINAIEC309'ro IEC309'ro C13 10A Warranty IEC309 C131OA250V 250V EN- SRA POWER CORD CHINA Power Cord China No PCCHINA- IEC309'ro C13 10A I IEC309'ro C13 10A Warranty IEC309 I I OV 2.51 EN- SRA PC FOR RPS2/3/5/9 Power Cord for No PCEIJRO EUROPEAN VERSION RPS2/3/5/9 European Warranty version EN- SRA POWER POWER No PCEIJRO- CORDE(JRO16A250V COI DE(JR016A250VC Warranty EPS EF,", 7/7 E(JROPCI91.8MR6 EN- SRA SINGLE 6 Four AC SINGLE 6 Four AC No PCINDIA POWERCORD ISO R POWERCORD ISO R Warranty INDIA INDIA Attachment D Page 328 of 471 Page 609 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EN- SRA POWER POWER No PCINDIA- CORDINDIA16A250V CORDINDIA16A/250V Warranty EPS EN- SRA PWRCDI,rAI-YI0A250V2. PWRCDI,rAI-YI0A250V No Pci,rAI,Y- 5MCEI 2316/C13 2.5MCEI 2316/C13 Warranty CEI EN- SRA PC FOR RPS2/3/5/9 Power Cord for No PCJAPAN JAPAN VERSION RPS2/3/5/9 Japan version Warranty EN- SRA POWER CORD IEC 320 Power Cord IEC 320 C19 No PCJAPAN- 019 'rO 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- CORDSWISSIOA250VHA SEV101 I 'ro C13 10A Warranty C 131201-1-117 LOCHH.NFREE, 250V HALOCHH.NFREE, EN-PC(JK SRA PC FOR RPS2/3/5/9 UK Power Cord for No VERSION RPS2/3/5/9 United Warranty Kingdom version F,,N-PCIJK- SRA POWER POWER No EPS CORDI1K13A250V CORDI1K13A250V Warranty F,,N-PCIJSA SRA PC RPS2/3/5/9(1SA NEMA Power Cord for No 515PIOA/125V RPS2/3/5/9 USA version Warranty 910 10 F,,N-PCI1SA2 SRA POWER CORD USA POWER CORD USA No NEMA515/C13 13A 125V Nl-,".MA515/CI3 13A Warranty 125V F,,N-PCIJSA- SRA PC FOR RPS2/3/5/9 USA Power Cord for No 31 VERSIOMmi-,".'rER RPS2/3/5/9 USA version Warranty NEMA 515P Plug (15amp)a F,,N-PCIJSA- SRA POWER CORD IEC Power Cord IEC No C 19C20 60320019 '103 IEC 60320019 to IEC Warranty 6032002 60320020 250V 20A F,,N-PCIJSA- SRA PWR CRD IEC 60320019 Power Cord IEC No C191 -620P LCKNG NEMA 1.620P 60320019 to locking Warranty Nema 1-620P 250V 20A F,,N-PCIJSA- SRA POWER CORD FOR Power Cord for use with No NEMA620 SXACPWR2500POE VDX 8770. NEMA 6/20 Warranty specification. F,,N-S[-X- SRA SIA 903048S with no PS Extreme SIA 903048S I Year 9030 -48S -4C and no fans with No Power supplies Warranty No fans Supports 4 8 x 10 C11HY I CA,", + 4 x 10 0 GIHA 0 GE Attachment D Page 329 of 471 Page 610 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. F,,N-S[-X- SRA SLX 903048S AC Front to Extreme SLX 903048S I Year 9030-485- Back Airflow Switch AC with Front to Warranty 4C -AC -F Back Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048S AC Back to Extreme SLX 903048S I Year 9030-485- Front Airflow Switch AC with Back to Warranty 4C -AC -R Front Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048'1, with no PS Extreme SLX 903048'1, I Year 9030-48'1-4C and no fans IOC113ase'r Switch with Warranty No Power supplies No fans Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048'1, AC Front to Extreme SLX 903048'1, I Year 9030-48'1- Back Airflow IOC113ase'r Switch AC Warranty 4C -AC -F with Front to Back Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 903048'1 AC Back to Extreme SLX 903048'1 I Year 9030-48'r- Front Airflow IOC113ase'1 Switch AC Warranty 4C -AC -R with Back to Front Airflow Supports 4 8 x 10 C11HY I CIIH, + 4 x 10 0 C11HY4 0 GE F,,N-S[-X- SRA SLX 9030 Advanced SLX 9030 Advanced Software 9030 -ADV- Feature License Feature License Warranty LIC -P F,,N-S[-X- SRA 24X I OCIF,",44X I OOCIIH, Extreme SLX 964024S I Year 9640-245 ROurER Router. Supports Warranty 2 4 x 10 C11HY I CIIH, + 4xIOOC!I-,"./40C!I-,".. (24S+4C sku no Power supplies or Fans) F,,N-S[-X- SRA 24X I OCIIH,+ I 2X I OOCIIH, Extreme SLX 964024S I Year 9640-245- ROurER Router. Supports Warranty 12C 2 4 x 10 C11HY I CIIH, + 12xIOOC!I-,"./40C!I-,".. (All ports 24S+12C sku with no Power supplies or Fans) Attachment D Page 330 of 471 Page 611 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. F,,N-S[-X- SRA 24X I OCIF,",+ I 2X I 00CHH, Extreme SLX 9640245 I Year 9640-24S- ROurER AC PR'rSD Router AC with Front to Warranty 12C -AC -F IN'rK Back airflow. Supports 2 4 x 10 C11HY I GIH, + 12x 10 0 C11HY4 0 Gl-,",. (I Power supply 6 Fans) F,,N-S[-X- SRA 24X I 0G1 -,",+4X I 00CHH, Extreme SLX 964024S I Year 9640-24S- ROurER AC PR'rSD Router AC with Front to Warranty AC -F IN'rK Back airflow. Supports 2 4 x 10 C11HY I GIH, + 4x100G1-,"./40G1-,"..(1 Power supply 6 Fans) F,,N-S[-X- SRA EXT SW LICIH.NSE'ro Extreme SLX 9640 Ports Software 9640-4C- ENABLE 4 POR'r of 100G on Demand License for 4 Warranty POD -P ports of 100C1F,/40CIF,". Uplinks F,,N-S[-X- SRA EXTERNAL SW Extreme SLX 9640 Software 9640 -ADV- I -ICI -,".NSE 'r C3 ENABLE Advanced Feature License Warranty LIC -P ADV LIC EN -SX- SRA POWER CORD FOR USE POWER CORD FOR No PCAIJS IN A(Js,rRAIIA/NEW USE IN Warranty ZEAL A(Js,rRAIIA/NEW ZEAL EWC-INCR- SRA EWC ADDITIONAL 100 Workflow Composer 100 Software 100 'rARCHH.'rs targets addon Warranty EWC-s,rD- SRA EWC sm WITH HA Workflow Composer Software HA -100 Standard Software with Warranty HA includes loo 'rargets EXOS- Smart X465 EXOS CORE, Feature Core Feature Pack for Software CORE -FP- OmniEdge Pack ExtremeSwitching X465 Warranty X465 Switching EXOS- Smart X465 EXOS MACsec MACsec Feature Pack for Software MACSEC- OmniEdge Feature Pack ExtremeSwitching X465 Warranty FP -X465 Switching EXOS- Smart X465 EXOS MPLS Feature MPLS Feature Pack for Software MPI -S -FP- OmniEdge Pack ExtremeSwitching X465 Warranty X465 Switching EXOS- Smart X590 EXOS MPLS Feature MPLS Feature Pack for Software MPDS -FP- OmniEdge Pack ExtremeSwitching X590 Warranty X590 Switching CBCT-24'rX Fixed 1-3 G3 1/0 CARD 24'rX 2 Lifetime 09/30/ SFP COM130 PORTS Warranty - 2020 NBD Delivery G31PV6-I-IC Fixed 1-3 G3 IPV6 ROOFING G3 IPV6 ROFFING Software 08/30/ I,ICI-,".NSE LICIH.NSE Warranty 2024 Attachment D Page 331 of 471 Page 612 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. G31 -3 -1 -IC Fixed 1-3 G3 ADV. ROuTING G3 ADV. ROFFING Software 08/30/ I -ICI -,".NSE PIM OSPF LICIH.NSE PIM OSPF Warranty 2024 VRRP VRRP 13H-12,rx Fixed 1-2 INDUSTRIAL SWITCH 12 INDUSTRIAL SWITCH I Year 06/30/ P'r 10/100 I/O CARD 12 P'r 10/100 I/O CARD Warranty 2020 131-1252- Fixed 1-2 FACTORY FACTORY 5 Year 06/30/ 12'rx CONFIGURE D 131-125202 CONFIGURE D Warranty 2020 13 H 12'rx 131125202 131-112'rx 1311252- Fixed 1-2 16 PORT 100BASEFX 16 PORT 100BASFYX 5 Year 06/30/ 16FXM ISI RIES swrrCH ISE IES swrrCH Warranty 2020 1311252- Fixed 1-2 FACTORY FACTORY 5 Year 06/30/ 24'rx CONFIGURED 24 P'r CONFIGURE D 24 P'r Warranty 2020 10/100 ISERIES 10/100 ISI RIES 1311252- Fixed 1-2 8 l00BAS1-,­TX 12 'rx 8 100BASEFX 12'rx 5 Year 06/30/ 8FXM-12,rx ISI RIES swrrCH ISE IES swrrCH Warranty 2020 13H-8FX- Fixed 1-2 INDUSTRIAL SWITCH 8 INDUSTRIAL SWITCH 5 Year 06/30/ MM P'r MIDI FX 1/0 CARD 8 P'r MMFFX 1/0 CARD Warranty 2020 13H -DIN- Fixed 1-2 DIN RAIL KIT FOR DIN RAIL KIT FOR No 06/30/ Krr ISI RIES swrrCH ISIS RIES swrrCH Warranty 2022 13H-PWR Fixed 1-2 24VDC POWER UNIT I Year 06/30/ FOR ISI RIES swrrCH Warranty 2020 13H -RACK- Fixed 1-2 19 RACK MOUNT KIT 19 RACK MOUNT KIT No 06/30/ MN'r FOR ISI RIES swrrCH FOR ISE IES swrrCH Warranty 2022 IA -A-20 Enterasys ID1-,".N'rrrY ACCESS IF 1-,".N'rTrY ACCESS I Year 12/29/ Sentinel APPLIANCE 3000 ES APPLIANCE 3000 ES Warranty 2022 1 IA -A-300 Enterasys IA HW APPLIANCE FOR IA HW APPLIANCE I Year 12/29/ Sentinel EN'rERPRISE FOR EN'rERPRISE Warranty 2022 LICIH.NSING LICIH.NSING IA -ES -12K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel I -ICI -,".NSE FOR 12K ES LICIH.NSE FOR 12K ES Warranty IA -ES -1K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel I -ICI -,".NSE FOR lK ES LICIH.NSE FOR lK ES Warranty IA -ES -3K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel I -ICI -,".NSE FOR 3K ES LICIH.NSE FOR 3K ES Warranty IA -GIM -12K NAC G(JEs'r16'rMNGR NAC Software ONBOARDING 12K G(JES'rio'rmANAG1-,­R Warranty IJSERS/I-,".S FOR ONBOARDING 121 (1SERS/1-,".NDsYs'rEMS IA -GIM -1K NAC G(JEs'r16'rMNGR NAC Software ONBOARDING lK G(JES'rio'rmANAG1-,­R Warranty IJSERS/I-,".S FOR ONBOARDING lK (1SERS/1-,".NDsYs'rEMS IA -GIM -3K NAC G(JEs'r16'rMNGR NAC Software ONBOARDING 3K G(JES'rio'rmANAG1-,­R Warranty IJSIS RS/I-,".S Attachment D Page 332 of 471 Page 613 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 333 of 471 Page 614 of 1174 FOR ONBOARDING 3K (1SERS/1-,".NDsYs'rEMS IA -PA -12K Enterasys IA 12000 ES SEC IA 12000 ES SEC Software Sentinel Pos,r(JRE ASSESsmEN'r Pos'ruRE Warranty LIC ASSESsmEN'r uc IA -PA -3K Enterasys IA 3000 ES SEC IA 3000 ES SEC Software Sentinel Pos,r(JRE ASSESsmEN'r Pos'ruRE Warranty LIC ASSESsmEN'r uc I-MGBIC- Fixed 1-2 INDUSTRIAL 1000[-X INDusTRIAL 1000[-X I Year CTX SIP SIP Warranty I-MGBIC- Fixed 1-2 INDUSTRIAL 1000SX INDUSTRIAL 1000SX I Year GSX SIP SIP Warranty I-MGBIC- Fixed 1-2 KM 1000BASEI-X MM KM 1000BASE-I-X, MM I Year LC03 Warranty K10- Modular K10 192 PORT TRIPLE Limited 04/30/ 192,rRpi-- 1-3 S D B UN D LE Lifetime 2024 BUN Switching Warranty - 10 Business Day Ship K10- Modular KSIS RIES To si-6'r KSERIES To si-6'r Limited 04/30/ CHASSIS 1-3 CHASSIS AND FAN CHASSIS AND FAN Lifetime 2024 Switching FRAY 'TRAY Warranty - 10 Business Day Ship K10 -FAN Modular K10 FANTRAY K10 FANTRAY Limited 04/30/ 1-3 Lifetime 2024 Switching Warranty - 10 Business Day Ship K10 -MID- Modular K 10 MI DMO UNT KIT I Year 04/30/ Krr 1-3 Warranty 2024 Switching K6-120SFP- Modular K6 120 PORT SIP Limited 04/30/ BUN 1-3 BUNDLE Lifetime 2024 Switching Warranty - 10 Business Day Ship K6- Modular KSIS RIES 6 si.6'r KSERIES 6 si.6'r Limited 04/30/ CHASSIS 1-3 CHASSIS AND FAN CHASSIS AND FAN Lifetime 2024 Switching FRAY 'TRAY Warranty - 10 Attachment D Page 333 of 471 Page 614 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 334 of 471 Page 615 of 1174 Business Day Ship K6 -FAN Modular K6 FANTRAY K6 FANTRAY Limited 04/30/ 1-3 Lifetime 2024 Switching Warranty - 10 Business Day Ship K6 -MID- Modular K6 MIDMOUNT KIT I Year 04/30/ Krr 1-3 Warranty 2024 Switching K -AC -PS Modular KSERIES POWER KSERIES POWER I Year 04/30/ 1-3 SUPPLY SUPPLY Warranty 2024 Switching K-EOS-1-3 Modular ADVANCED ROFFING ADVANCED ROFFING Software 04/30/ 1-3 IICI-,".NSE LICIH.NSE Warranty 2024 Switching K-EOS-PPC Modular KSERIES PER PORT KSERIES PER PORT Software 04/30/ 1-3 USER CAPACI'ry USER CAPACrry Warranty 2024 Switching I.ICI-,".NSE LICIH.NSE K-EOS-VSB Modular ISE IES VSB LICIH.NSE ISE IES VSB LICIH.NSE Software 04/30/ 1-3 Warranty 2024 Switching KG2001- Modular K 24 PORT IGB SFP IOM K 24 PORT IGB SFP Limited 04/30/ 0224 1-3 IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KG2001- Modular K 24 PORT IGB SFP IOM K 24 PORT IGB SFP Limited 04/30/ 0224-G 1-3 IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K 4 PORT l0GB SFP+ K 4 PORT 10GB SFP+ Limited 04/30/ 0204 1-3 IOM IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K6 mcmr/FABRIC W 4 K6 mcmr/FAB RIC W 4 Limited 04/30/ 0204-F 1 1-3 l0GB VIA SFP+ l0GB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Attachment D Page 334 of 471 Page 615 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 335 of 471 Page 616 of 1174 Business Day Ship KK2008- Modular K6 mcmr/FABRIC W 4 K6 mcmr/FAB RIC W 4 Limited 04/30/ 0204-F IG 1-3 l0GB VIA SFP+ l0GB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K10mcmr/SAB RICW4 K 10 mcmr/FABRIC W Limited 04/30/ 0204-172 1-3 l0GB VIA SI P+ 4 l0GB VIA SI P+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K10mcmr/SAB RICW4 K 10 mcmr/FABRIC W Limited 04/30/ 0204-F2G 1-3 l0GB VIA SI P+ 4 l0GB VIA SI P+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K 4 PORT l0GB SI P+ K 4 PORT 10GB SFP+ Limited 04/30/ 0204-G 1-3 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 1-3 POWER SHELF POWER SHELF Warranty 2024 Switching K -POE- Modular MOUNTING KIT FOR I Year 04/30/ 4BAY-RAIL 1-3 KPOE413AY POWER Warranty 2024 Switching SHELF K -POE- Modular K POE POWER TO HS I Year 04/30/ CB[ --21 1-3 CHASSIS CABLE 21 Warranty 2024 Switching KT -135628- WiNG UNIVERSAL UNIVERSAL I Month 01 Wireless MO(JN'rING KI'r FOR MO[JN'rING KI'r FOR Warranty EWLAN APS EWLAN APS Wing KT 147407- WiNG ou'rDOOR AP ou'rDOOR AP I Month 09/13/ 01 Wireless MO(JN'rING MO[JN'rING Warranty 2020 HARDWARE, Krr HARDWARE, KI'r Wing KT 147407- WING ou'rDOOR I-IDW KIT ss ou'rDOOR MOUNTING I Month 02 Wireless 14ARSH HARDWARE, KI' r FOR Warranty F,,NVIRONMI-,".N,rs ou'rDOOR ACCESS Wing POIN'rs s'rAINLESS Attachment D Page 335 of 471 Page 616 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 336 of 471 Page 617 of 1174 STEEL FOR HARSH ENVI RONmI-,".N'rs KT -150173- WiNG ou'rDOOR AP 12 IN EXT ou'rDOOR AP 12 IN I Month 01 Wireless ARM FOR MN'rG KI'r EX'r ARM FOR MN'rG Warranty KI'r Wing KT -153676- WiNG ou'rDOOR RJ45 ou'rDOOR RJ45 I Month 01 Wireless CONNEC'rOR PLUG KI'r CONNEC'rOR PLUG Warranty KI'r Wing KT -158767- WING KIT AP7161 VEHICLE KIT AP7161 VEHICLE I Month 01 Wireless MO(JN'r MO(JN'r Warranty Wing KT2006- Modular K 24 PORT 16/166/1666 K 24 PORT 16/166/1666 Limited 04/30/ 0224 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT2006- Modular K 24 PORT ionoon000 K 24 PORT ionoon000 Limited 04/30/ 0224-G 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT20 10- Modular K 24 PORT MINIRJ21 K 24 PORT MINIRJ21 Limited 04/30/ 0224 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT20 10- Modular K 24 PORT MINIRJ21 K 24 PORT MINIRJ21 Limited 04/30/ 0224-G 1-3 802.3A,r POE IOM 802.3A,r POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT -6511- WING AP4511 Opt Sport Eth Optional threeport I Month 12/01/ OOOOD-WR Wireless Module Ethernet Module for Warranty 2019 AP4511 Wing I,BS-CI-D- WING LBS CLOUD 100AP I lyear LBS cloud Software 100AP-PV- Wireless YEAR PV subscription paperless Warranty IYR voucher for 100 APs I,BS-CI-D- WING LBS CLOUD 100AP 3 3year LBS cloud Software 100AP-PV- Wireless YEAR PV subscription paperless Warranty 3YR voucher for 100 APs Attachment D Page 336 of 471 Page 617 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. LBS -CI -D- WING LBS CLOUD IOOAP 5 5year LBS cloud Software IOOAP-PV- Wireless YEAR PV subscription paperless Warranty 5Y1Z voucher for 100 APs LBS -CI -D- WING LBS CLOUD IOAP I lyear LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 1 Y1 voucher for 10 APs LBS -CI -D- WING LBS C 1-0 (JD I OAP 3 3year LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 3Y1Z voucher for 10 APs LBS -CI -D- WING LBS C 1-0 (JD I OAP 5 5year LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 5Y1Z voucher for 10 APs LBS -CI -D- WING LBS CLOUD IAP I YEAR lyear LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 1 Y1 voucher for I AP LBS -CI -D- WING LBS CLOUD IAP 3 YEAR 3year LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 3Y1Z voucher for I AP LBS -CI -D- WING LBS CLOUD IAP 5 YEAR 5year LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 5Y1Z voucher for I AP LBS -CI -D- WING LBS CLOUD IOOOAP I lyear LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty 1 Y1 voucher for 1000 APs LBS -CI -D- WING LBS CLOUD IOOOAP 3 3year LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty 3Y1Z voucher for 1000 APs LBS -CI -D- WING LBS CLOUD IOOOAP 5 5year LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty 5Y1Z voucher for 1000 APs LBS -CI -D- WING LBS CLOUD 5AP I YEAR lyear LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 1 Y1 voucher for 5 APs LBS -CI -D- WING LBS CLOUD 5AP 3 YEAR 3year LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 3Y1Z voucher for 5 APs LBS -CI -D- WING LBS CLOUD 5AP 5 YEAR 5year LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 5Y1Z voucher for 5 APs LBS- Smart 1,Bsi-vs,rs1001 PVIY1t ExtremeLocation Voucher No i,vs,rs- OmniEdge for lOOK Long Visits for Warranty 100K -PV- Applicatio I Year IYR ns LBS- Smart 1,Bsi-vs,rsIMPVIY1t ExtremeLocation Voucher No i,vs'rs-im- OmniEdge for IM Long Visits for I Warranty PV-IYR Year Attachment D Page 337 of 471 Page 618 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 338 of 471 Page 619 of 1174 Applicatio ns LBS- Smart 1,Bsi-vs,rS25OKPVIYR ExtremeLocation Voucher No i,vs,rs- OmniEdge for 250K Long Visits for Warranty 250K -PV- Applicatio I Year IYR ns LBS- Smart 1,Bsi-vs,rS50OKPVIYR ExtremeLocation Voucher No i,vs,rs- OmniEdge for 500K Long Visits for Warranty 50OK-PV- Applicatio I Year IYR ns LBS- Smart 1,Bssys,rslOOKPVIYR ExtremeLocation Voucher No sys,rs- OmniEdge for lOOK Short Visits for Warranty IOOK-PV- Applicatio I Year IYR ns LBS- Smart 1,Bssys,rsIMPVIYR ExtremeLocation Voucher No sys,rs-im- OmniEdge for IM Short Visits for I Warranty PV-1YR Applicatio Year ns LBS- Smart 1,Bssys,rS250KPVIYR ExtremeLocation Voucher No sys,rs- OmniEdge for 250K Short Visits for Warranty 250K -PV- Applicatio I Year IYR ns LBS- Smart 1,Bssys,rS50OKPVIYR ExtremeLocation Voucher No sys,rs- OmniEdge for 500K Short Visits for Warranty 50OK-PV- Applicatio I Year IYR ns MBO- Smart MBOART02 MBOART02 Articulating I Year AR'r02 OmniEdge Mt g Brkt Warranty Wireless MC113IC-02 Modular 1000BASET RJ45 MINI 1000BASE-T, RJ45 MINI I Year Interfaces G13IC C GBI C Warranty MC113IC-08 Modular MINI C1131C MINI C1131C lOOOBASE- I Year Interfaces IOOOBASI-,-.I-,-.[-X (70KM) I ELX (70KM) I LC POR'r Warranty LC POR'r MGBIC- Modular 100BASET SIP I Year 12/31/ 1 0013'r Interfaces Warranty 2021 MGBIC- Modular IOOOBASEBXIOD IOOOBASE-BXIO-D I Year BXIO-D Interfaces BIDIRr,.c,rIONAI, SIP BIDIREC,riONAI- SIP Warranty MGBIC- Modular IOOOBASEBXIOIJ IOOOBASE-BXIO-IJ I Year BXIO-IJ Interfaces BIDIREcrIONAL SIP BIDIREC,riONAI- SIP Warranty MGBIC- Modular IOOOBASEBX120D SIP IOOOBASE-BX120-D I Year BX120-D Interfaces SIP Warranty MGBIC- Modular IOOOBASEBX1201J SIP IOOOBASE-BX120-(1 I Year BX 120-[1 Interfaces I SIP Warranty MGBIC- Modular IOOOBASEBX40D SIP IOOOBASE-BX40-D SIP I Year BX40-D Interfaces Warranty Attachment D Page 338 of 471 Page 619 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. MGBIC- Modular IOOOBASEBX40I1 IOOOBASE-BX40-I1 I Year BX40-I1 Interfaces BIDIREurIONAL SFP BIDIREC,riONAI- SFP Warranty MGBIC- Modular MINI C1131C 1000BASESX MINI C1131C I Year LCOI Interfaces W/ I I -C MM PC R'r 1000BASESX W/ I I -C Warranty MM PC R'r MGBIC- Modular I G13 SX MM SF P TAA I G13 SX MM, SF P, TAA I Year LCO I -G Interfaces Warranty MGBIC- Modular MINI C1131C IOOOBASEFX MINI C1131C IOOOBASE- I Year LC03 Interfaces w/ I i -c mm P'r 2 FX W/ I i -c mm P'r - Warranty 2KM MGBIC- Modular I OOBASEFX MM 13 1 ONM IOOBASE-FX, MM, I Year LC04 Interfaces 2 KM I -C SIP 13 1 ONM 2 KM, I -C SF P Warranty MGBIC- Modular 24 PACK MGBICLC04 24 PACK MG13IC-[.004 I Year I,C04-24PK Interfaces Warranty MGBIC- Modular 48 PACK MGBICLC04 48 PACK MG13IC-[.004 I Year I,C04-48PK Interfaces Warranty MGBIC- Modular 96 PACK MGBICLC04 96 PACK MG13IC-[.004 I Year I,C04-96PK Interfaces Warranty MGBIC- Modular I00BASE[-XI0 SM 100BASE-I-XIO, SM, I Year LC05 Interfaces 13 IONM 10 KM I -C SIP 131 ONM, 10 KM, I -C SF P Warranty MGBIC- Modular IG13802.3 SM1550 NMI 10 IG13,802.3 SM,1550 I Year LC07 Interfaces ILMI -C SIP NMi I 10 KM,[.0 SIP Warranty MGBIC- Modular MINI C1131C 1000BASEI-X MINI C1131C I Year LC09 Interfaces W/ I I -C SM PC R'r 1000BASEI-X W/ I I -C Warranty SM PC R'r MGBIC- Modular IG13 LX SM SFP'rAA I G13 LX SM, SIP, TAA I Year LC09-G Interfaces Warranty ML -1499- WiNG LLC CableJump 10 10 ft Lowl-oss coaxial I Month I OJK-0 I R Wireless cable jumper N Male to N Warranty Male Wing ML -1499- WiNG LLC CableJump 25 25 ft Lowl-oss coaxial I Month 25JK-OIR Wireless cable jumper N Male to N Warranty Male with 2 connector Wing sea] kits ML -1499- WiNG LLC CableJump 50 50 ft Lowl-oss coaxial 3 Month 06/30/ 50JK-OIR Wireless cable jumper N Male to N Warranty 2020 Male with 2 connector Wing sea] kits ML -1499- WiNG KITANTT".NNA KITANTT".NNA I Month SD3MK-OIR Wireless MO1JN'rFOR MO1JN'rFOR Warranty MI-2499SD301 MI-2499SD301 Wing ML -2452- WING Dipole Omni 3.2/4.9 dBi Antenna 2.4/5 GI-Iz I Month APA2-01 Wireless BLK Indoor 'hype Dipole Warranty (Paddle) Gain Wing 3dBi/2AG1-Iz 4dBi/5G1-Iz Beam Width EPlane 35 Attachment D Page 339 of 471 Page 620 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 340 of 471 Page 621 of 1174 degrees HPlane 360 degrees Connector RPSMA Male ML -2452- WING Dipole Omni 3.2/4.9 dBi AN,r2.45C!I-IZDBANDDP I Month APA2-02 Wireless White 67 DBIRPSMAWH'r Warranty Wing ML -2452- WiNG AN'rDIPO[-EGN2DBI2AG AN'rDIPO[-EGN2DBI2A I Month APAG2A1- Wireless I-IZ1DBI5G1-IZB[-K G1-IZ1DBI5G1-IZB[-K Warranty 01 Wing ML -2452- WING Antenna 2G5G3dB Omni Antenna 2G and 5G 3dB I Month APAG2A1- Wireless White Omni for indoor White Warranty 02 Color Wing ML -2452- WING Antenna outdoor 2G5G3dB Antenna 2G and 5G I Month 14PA5-036 Wireless Omni 3dBOmni directional Warranty Dipole for outdoor use Wing ML -2452- WiNG AN'rD(JAI- BAND 6 DBI AN'rD(JAI- BAND 6 DBI I Month 14PA6-01 Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty Wing ML -2452- WiNG ANT 6 DUAL E[-EmT".N'r ANT 6 DUAL I Month I-IPA61 6- Wireless O AN'ri-,".NNA EI-E".ME".N'r O Warranty 072 AN'ri-,".NNA Wing ML -2452- WiNG ANT 6 PORT OMNI ANT 6 PORT OMNI I Month I-IPA6X6- Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty 036 Wing ML -2452- WiNG AN'rDP4.0DBI AN'rDP4.0DBI I Month I-IPAG4A6- Wireless 2ACHUTODBI 5G1 -Il 2ACHUTODBI 5G1 -Il Warranty 01 Wing ML -2452- WiNG AN'rDP4.5DBI AN'rDP4.5DBI I Month I-IPAG5A8- Wireless 2AG1-IZ7.5DBI 5G1-IZ 2AG1-IZ7.5DBI 5G1-IZ Warranty 01 Ntype Ntype Wing ML -2452- WING 2.4/5G LightArrest 2.4/5 G1-Iz 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 ARRE s'rOR uciurrNING Warranty ARRE s'rO R Wing ML -2452- WING Antenna 25G5dBDIR Antenna 2.4/5 G1-Iz I Month PNA5-01R Wireless Outdoor Panel 5 dBi Warranty Beam Width EPlane 65 Wing degrees HPlane 120 degrees Connector 'rype NMale ML -2452- WING Antenna 25G7dBDIR Antenna 2.4/5 G1-Iz I Month PNA7-01 R Wireless Outdoor Panel 7 dBi Warranty Beam Width EPlane 66 Wing Attachment D Page 340 of 471 Page 621 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 341 of 471 Page 622 of 1174 degrees FIPlane 68 degrees Connector 'rype NMale ML -2452- WiNG DUALBAND DUAL DUALBAND DUAL I Month PNI-31 3-1 Wireless POLARIZED SEC'rOR POLARIZED SEC'rOR Warranty AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG ANT3 PORT DI- PANEL ANT3 PORT DUAL I Month PN[ -61 3- Wireless 36 IN CB L NI ALE BAND PANEL Warranty N36 AN'ri-,".NNA wim 36 Wing INCH CABLE AND NI ALE CONNEC'rOR ML -2452- WiNG ANT NRW BEAM DUAL POLARIZED I Month PN[ -61 4- Wireless DIR36IN CBI- NI ALE DUAL BAND NARROW Warranty N36 CONN BEAM DIREC'rIONAI- Wing AN'ri-,".NNA wI 36 INCH CABLE AND NI ALE CONNEC'rOR ML -2452- WiNG ANT MIMO DUAL BAND ANT MIMOI UAL I Month PN[ -91 3- Wireless SEC'rOR BAND SEC'rOR Warranty 036 Wing ML -2452- WiNG ANT3 PORT DUAL ANT3 PORT DUAL I Month PN[ -91 3- Wireless BAND PANEL BAND PANEL Warranty N36 AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG ANT 2 PORT DUAL ANT 2 PORT DUAL I Month P,rA21 2- Wireless BAND PA'rCH BAND PA'rCH Warranty 036 AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG AP7131 3 PORT mimo AP7131 3 PORT mimo I Month P,rA31 3- Wireless AN'ri-,".NNA 361N PIG'rAII- AN'ri-,".NNA 361N Warranty 036 PIG'rAII- Wing ML -2452- WiNG ANT802.11 ABGN 3X3 ANT802.11 ABGN 3X3 3 Month 12/26/ P,rA41 3X3- Wireless MIMO ISI' S4011 1t4 MO RFS4011 Warranty 2020 1 Wing ML -2452- WiNG ANTT".NNA PATCH4 ANTT".NNA PATCH4 I Month P,rA41 4- Wireless DUAL ELF".MF".N'r DUAL E[-EmI-,".N'r Warranty 036 INDOOR INDOOR Wing ML -2452- WiNG ANT 6 PORT PATCH ANT 6 PORT PATCH I Month P,rA6M6- Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty 036 Wing ML -2452- WiNG ANT 6 PORT PATCH ANT 6 PORT PATCH I Month P,rA6X6-03 6 Wireless AN'ri-,".NNA AN'ri-,".NNA Warranty Wing ML -2452- WiNG ANT3 PORT DI- SECTOR ANT3 PORT DUAL I Month SEC6M3- Wireless 36 IN CB L NI ALE BAND SEC'rOR Warranty N36 AN'ri-,".NNA wim 36 Wing INCH CABLE AND NMALE CONNEC'rOR Attachment D Page 341 of 471 Page 622 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ML -2452- WiNG ANT WIDE BEAM DUAL POLARIZED I Month SEC61 4- Wireless DIR36IN CBI- DUAL BAND WIDE Warranty 036 RPSMAMALE BEAM DIREC'rIONAI- In AN'ri-,".NNA wim 36 INCH CABLE AND RPSMAMALE CONNEC'rOR ML -2452- WiNG ANT DUAL SECTOR DUAL BAND SECTOR I Month SEC61 4- Wireless wim 30IN CBI- N CONN wim 30 INCH CABLE Warranty N30 AND N CONNEC'rORS Wing ML -2452- WiNG ANT WIDE BEAM DUAL POLARIZED I Month SEC61 4- Wireless DIR36IN CBI- NI ALE DUAL BAND WIDE Warranty N36 CONN BEAM DIREC'rIONAI- In AN'ri-,".NNA wim 36 INCH CABLE AND NI ALE CONNEC'rOR ML -2452- WiNG ANT 3 DUAL BAND ANT 3 DUAL BAND I Month VM1 3M3- Wireless E[-EmI-,".N'rs vmm EI-1-,".M1-,".N'rs vmm Warranty 036 AN'ri-,".NNA AN'ri-,".NNA Wing ML -2452- WiNG 3 PORT DUAL BAND 3 PORT DUAL BAND I Month VM1 5M3- Wireless vmm AN'ri-,".NNA vmm AN'ri-,".NNA Warranty N72 Wing ML -2499- WING AN'r2AGHZ7DBIINDOO AN,r2.4CII-IZ7DBIINDO 3 Month 12/31/ 7PNA2-01R Wireless R65 DEGREE PNI. O 6 DEGREE PNL Warranty 2013 Wing ML -2499- WING Antenna 2G I 4dB Di it Antenna 2.4 GI-Iz Outdoor 3 Month 06/30/ BYGA2-01R Wireless 'hype Yagi Gain (Net) Warranty 2020 14.2dBi (13.9dBi) Beam Wing Width EPlane 30 degrees FIPlane 35 degrees Cable 12 inches Connector Type N Female ML -2499- WING Antenna 2G5dBOmni Antenna 2.4 GI-Iz Outdoor I Month FSI IPA5-01R Wireless Type Dipole Array (Pipe) Warranty Omni Directional 5 dBi Wing Beam Width EPlane 25 degrees FIPlane 360 degrees Connector type N Male ML -2499- WING Antenna 2G9dBOmni Antenna 2.4 GI-Iz Outdoor 3 Month 06/30/ F1-IPA9-01R Wireless 'hype Dipole Array (Pipe) Warranty 2020 OmniDirectional 9 dBi Wing Beam Width EPlane 14 degrees FIPlane 360 degrees Connector type N Male Attachment D Page 342 of 471 Page 623 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ML -2499- WING ANT 2AGI-IZ 3.3DBI ANT 2AGHZ 3.3DBI I Month 14PA3-02R Wireless DIPOLE AN'ri-,".NNA DIPOLE AN'ri-,".NNA Warranty Wing ML -2499- WING ANTT".NNA ourDOOR Outdoor Rated Type I Month 14PA4-01 Wireless 4dBi 2AGI-IZ Dipole Gain 4dBi Warranty 2AGI-Iz Connector NMale Wing ML -2499- WING ANTT".NNA ou'FDOOR Environment Outdoor I Month HPA8-01 Wireless 8dBi 2AGI-IZ Rated 'hype Dipole Gain 8 Warranty dBi 2AGI-Iz Connector Wing NMale ML -5299- WING ANT5.5 GFIZ DP ANT5.5 GFIZ DP I Month APAI-01R Wireless AJ2DBICBI- OSMARPF AJ2DBICBI- OSMARPF Warranty Wing ML -5299- WING Antenna 5G6dBOmni Antenna 5 GI-Iz Outdoor I Month FI-IPA6-OIR Wireless Type Dipole Array (Pipe) Warranty Omnidirectional 6 dBi Wing Beam Width EPlane 16 degrees HPlane 360 degrees NMale connector type ML -5299- WING ANTT".NNA ou'FDOOR Environment Outdoor I Month 14PAIO-01 Wireless lOdBi 5GI-IZ Rated 'hype Dipole Gain Warranty 10 dBi 5.0GI-Iz4.9GI-Iz Wing Connector NMale ML -5299- WING Antenna 5G5dBOmni Antenna 5 GI-Iz Outdoor I Month 14PAI-OIR Wireless 'hype Dipole Array (Pipe) Warranty Gain (Net) 5.9dBi (5dBi) Wing Beam Width EPlane 17 degrees HPlane 360 degrees Cable 36 inches Connector RPSMA Male ML -5299- WING ANTT".NNA Outdoor Rated Type I Month HPA5-01 Wireless ou'rDOOR5dBi 5GI-IZ Dipole Gain 5dBi 5.0GI-Iz Warranty Connector NMale Wing ML -5299- WING Antenna 5GI3dBDir Antenna 5 GI-Iz Outdoor 3 Month 06/30/ WPNAI-OIR Wireless Type Panel Gain (Net) Warranty 2020 14.2dBi (13dBi) Beam Wing Width EPlane 27 degrees HPlane 31 degrees Cable 36 inches Connector RPSMA Male MOD- WING SENSOR MODULE SENSOR MODULE I Month 07/13/ 8XXX- Wireless AMBii-,".N,r AMBiEN'r Warranty 2022 OOOIE-WW F,,NVIRONMI-,".N,r ENVIRONmi-,".N'r Wing MIjX- Modular CWDM MIJX 4 1 Year 05/30/ CWDM-01 Interfaces CANNIE LOBAND Warranty 2024 Attachment D Page 343 of 471 Page 624 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. M(jX- Modular RACK MOUNT PANEL RACK MOUNT PANEL, I Year 12/31/ RACK -01 Interfaces 1 (J 1 (J Warranty 2024 NIBI-32- SRA NETIRON XMR/MI-X NetIron XMR/MI-X and I Year FurR BIGIRON RX32 AIR Flur Bi Iron RX32 air filters Warranty for 32slot chassis 2 filter kit NIBI-32- SRA 32Si-o,r NETIRON 32Slot NetIron I Year PSFAN XMR/MI-X BIGIRON XMR/MI-X and Bi Iron Warranty RX SPA RX spare power supply fan (I fan) NI-CE2000- SRA SPARE FANTRAY FOR Spare fan tray for NetIron I Year FAN NI CER/CES SERIES CES and NetIron CER Warranty Series NI -CER- SRA ADV SRVS PREM SW Advanced Services I Year 2024-ADVIJ FOR NI CER 24POR'r Premium upgrade for Warranty R'rR NetIron CER 2000 24port routers (NetIron CER 20240 NetIron CER 20241) NI -CER- SRA S/WPPADV SRVS PREM Advanced Services Software 2024- LIC CER 24POR'r R'rR Premium software Warranty ADV(J-SW upgrade for NetIron CER 2000 24port routers (NetIron CER 20240 NetIron CER 20241) NI -CER- SRA S/WPPADV SRVS PREM Advanced Services Software 2048- LIC CER 48POR'r R'rR Premium software Warranty ADV(J-SW upgrade for NetIron CER 2000 48port routers (NetIron CER 20480 NetIron CER 2048F NetIron CER 2048CX NetIron CER 2048FX) NI -CES- SRA S/WPPI-3 PREM LIC CES Layer 3 Premium software Software 2024-1-3 (J- 24POR'r swrrcums upgrade for NetIron CES Warranty SW 2000 24port switches (NetIron CES 20240 NetIron CES 20241) NI -CES- SRA S/WPPMF`. PREM LIC CES Metro Edge Premium Software 2024-ME',(J- 24POR'r swrrcums software upgrade for Warranty SW NetIron CES 2000 24port switches (Netiron CES 20240 NetIron CES 20241) Attachment D Page 344 of 471 Page 625 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NI -CES- SRA S/WPPI-3 PREM LIC CES Layer 3 Premium software Software 2048-1-3 (J- 48POR'r swrrcums upgrade for NetIron CES Warranty SW 2000 48port switches (NetIron CES 20480 NetIron CES 2048F NetIron CES 2048CX NetIron CES 2048FX) NI -CES- SRA S/WPPMF"", PREM LIC CES Metro Edge Premium Software 2048 -Mf -,",(J- 48POR'r swrrcums software upgrade for Warranty SW NetIron CES 2000 48port switches (Netiron CES 20480 NetIron CES 20481 NetIron CES 2048CX NetIron CES 2048FX) NI -MI -X- SRA NI MI -X 8PORT IOC113E Brocade MI -X Series I Year IOGX8-M (M) Si PP MO D (JI -E eight (8)port I 0GbE (M) Warranty module with lPv4/lPv6/MPI-S hardware support requires SI PP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules NI -X-16-8- SRA M[-X/XMR 16 8si-C3'r HI MI-Xe/M[-X/XMR high I Year I-ISF SPI -,".I -,".D FABRIC MOD speed switch fabric Warranty module for Not and 16slot chassis NI -X-16- SRA NI XMR/MI-X 16Si-o,r NetIron XMR/MI-X air I Year Fur AIR FlurER filter for 16slot chassis Warranty NI -X-32- SRA NI MI-Xl-,"./XMR/M[-X MI-Xe/M[-X/XMR high I Year I-ISF 141CII-I SPEED SF32SI- speed switch fabric Warranty CHAS module for 32slot chassis NI -X-4- SRA NI XMR/MI-X 4Si-o,r AIR NetIron XMR/MI-X air I Year Fur FlurER filter for 4slot chassis Warranty NI-X-4-HSF SRA M[-X/XMR 4si-o'r HI MI-Xe/M[-X/XMR high I Year SPI -,".I -,".D FABRIC MOD speed switch fabric Warranty module for 4slot chassis NI -X-8- SRA NI XMR/MI-X 8si-o'r AIR NetIron XMR/MI-X air I Year Fur FlurER filter for Not chassis Warranty NI-X-IPNI- SRA NETIRON XMR/MI-X NetIron XMR/MI-X I Year IN'rERFACE MODULE Series interface module Warranty PANEL blank panel NI-X-MPNI- SRA NETIRON XMR/MI-X NetIron XMR/MI-X I Year MANAG1-,";MI-,".N'r Series management Warranty MODULE PANEL module blank panel Attachment D Page 345 of 471 Page 626 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NI -X- SRA NETIRON XMR/M[-X NetIron XMR/M[-X I Year PWRPNL POWER SUPPLY PANEL power supply blank panel Warranty FOR I for 16 and 8slot chassis NI -X- SRA NIXMR/M[-X 4S[-o,r NetIron XMR/M[-X I Year PWRPNL-A CHASSIS POWER power supply blank panel Warranty SUPPLY B for 4slot chassis NI -X- SRA NIXMR/M[-X 4S[-o,r NetIron XMR/M[-X I Year SFIPNI- CHASSIS swrrCH switch fabric module Warranty FABRIC blank panel for 4slot chassis NI -X- SRA NETIRON XMR/M[-X NetIron XMR/M[-X I Year SF3PN[- swrrCH FABRIC switch fabric module Warranty BLANK PANE blank panel for 16 and 8slot chassis NMS -10 Network NIS 10 DEVICES / 100 NIS 10 DEVICES / 100 Software Manageme 'rHIN APS 'rHIN APS Warranty nt NMS -100 Network NIS 100 DEVICES/ NIS 100 DEVICES/ Software Manageme i000,rHIN APS i000,rHIN APS Warranty nt NMS -100- Network I -ICI -,".NSE UPGRADE I -ICI -,".NSE UPGRADE Software A100 -(JG Manageme N1 S100'ro N1 S100'ro Warranty nt NI SADV100 NI SADV100 NMS -100- Network UPGRADE N1 S50 IJPCIADE NMS50'ro Software (JG Manageme NMS100 NMS100 Warranty nt NMS -10- Network I -ICI -,".NSE UPGRADE I -ICI -,".NSE UPGRADE Software A10 -(JG Manageme N1 S10'rONMSADV10 N1 S10'rO NI SADVIO Warranty nt NMS -10 -(JG Network IJPCIADE NMS5,ro UPGRADE NMS5 TO Software Manageme NMS10 NMS10 Warranty nt NMS -25 Network NIS 25 DEVICES/ 250 NIS 25 DEVICES / 250 Software Manageme 'rHIN APS 'rHIN APS Warranty nt NMS -250 Network NIS 250 DEVICES/ NIS 250 DEVICES/ Software Manageme 2500'rHIN APS 2500rHIN APS Warranty nt NMS -250- Network I -ICI -,".NSE UPGRADE I -ICI -,".NSE UPGRADE Software A250 -(JG Manageme N1 S250 N1 S250 Warranty nt NI SADV250 NI SADV250 NMS -250- Network UPGRADENXIS100'ro UPGRADENXIS100'ro Software (JG Manageme N1 S250 N1 S250 Warranty nt Attachment D Page 346 of 471 Page 627 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -25- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software A25 -(JG Managerne N1 S25 NI SADV25 N1 S25 'rO NI SADV25 Warranty nt NMS -25 -(JG Network UPGADE NXIS10'ro UPGADE NXIS10'ro Software Managerne N1 S25 N1 S25 Warranty nt NMS -5 Network NXIS 5 DEVICES/ 50 NIS 5 DEVICES / 50 Software Managerne 'rHIN APS 'rHIN APS Warranty nt NMS -50 Network NXIS 50 DEVICES/ 500 NIS 50 DEVICES/ 500 Software Maria erne 'rHIN APS 'rHIN APS Warranty nt NMS -500 Network NXIS 500 DEVICES/ NIS 500 DEVICES/ Software Managerne 5000'rHIN APS 5000rHIN APS Warranty nt NMS -500- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software A500 -(JG Managerne N1 S500 N1 S500 Warranty nt NI SADV500 NI SADV500 NMS -500- Network UPGRADE N1 S250 UPGRADE N1 S250 Software (JG Managerne N1 S500 N1 S500 Warranty nt NMS -50- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software A50 -(JG Managerne N1 S50 NI SADV50 N1 S50 NI SADV50 Warranty nt NMS -50 -(JG Network IJPCIADE NMS25'ro UPGRADE N1 S25 To Software Managerne N1 S50 N1 S50 Warranty nt NMS -5-A5- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne NMS5'rO NI SADV5 NMS5'rO NI SADV5 Warranty nt NMS -A-100- Network IICI-,".NSE (JPG LICIH.NSE UPGRADE Software (JG Managerne NMSADV50'ro NMSADV50'ro Warranty nt NMSADVlOO NMSADVIO NMS -A-10- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne NMSADV5'ro NMSADV5'ro Warranty nt NMSADVIO NMSADVIO NMS -A-250- Network LIC UPGRADE LIC UPGRADE Software (JG Managerne NMSADVIOO,ro NMSADVIOO,ro Warranty nt NI SADV250 NI SADV250 NMS -A-25- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne NMSADVIO,ro NMSADVIO,ro Warranty nt NI SADV25 NI SADV25 NMS -A-500- Network LIC UPGRADE LIC UPGRADE Software (JG Managerne NMSADV250'ro NMSADV250'ro Warranty nt NI SADV500 NI SADV500 Attachment D Page 347 of 471 Page 628 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -A-50- Network LICE".NSE UPGRADE LICE".NSE UPGRADE Software (JG Managerne NMSADV25'ro NMSADV25'ro Warranty nt NI SADV50 NI SADV50 NMS -ADV- Network NI SADV 10 NI SADV 10 Software 10 Managerne DEVICES/100 APS DEVICES/100 APS Warranty nt NMS -ADV- Network NI SADV 100 NI SADV 100 Software 100 Managerne DEVICES/1000 APS DEVICES/1000 APS Warranty nt NMS -ADV- Network MSADV 25 MSADV 25 Software 25 Managerne DEVICES/250 APS DEVICES/250 APS Warranty nt NMS -ADV- Network NI SADV 250 NI SADV 250 Software 250 Managerne DEVICES/2500 APS DEVICES/2500 APS Warranty nt NMS -ADV- Network NI SADV 5 DEVICES/50 NI SADV 5 Software 5 Managerne APS DEVICES/50 APS Warranty nt NMS -ADV- Network NI SADV 50 NI SADV 50 Software 50 Managerne DEVICES/500 APS DEVICES/500 APS Warranty nt NMS -ADV- Network MSADV 500 MSADV 500 Software 500 Managerne DEVICES/5000 APS DEVICES/5000 APS Warranty nt NMS -ADV- Network NMSADV IJ DEVICESAJ NI SADV IJ Software (i Managerne APS DEVICES/IJ APS Warranty nt NMS -A -IJ- Network LIC UPGRADE LIC UPGRADE Software (JG Managerne NMSADV500'ro NMSADV500'ro Warranty nt NI SADVIJ NI SADVIJ NMS-BIOO- Network IJPCIADE NMSBASEIOO UPGRADE Software 100 -(JG Managerne 'rO N1 NMSBASEIOO,ro Warranty nt NIBS 100 NMS -B-100- Network UPGRADE NMSBASE50 UPGRADE Software (JG Managerne 'rO NMSBASEIOO NMSBASE50'ro Warranty nt NMSBASEIOO NMS -BIO- Network IJPCIADE NMSBASEIO UPGRADE Software 10 -(JG Managerne 'rO NI NMSBASEIO,ro Warranty nt NMS IO NMS -B250- Network UPGRADE NMSBASE250 UPGRADE Software 250 -(JG Managerne 'rO N1 S250 NMSBASE250'ro Warranty nt NMS250 NMS -B-250- Network IJPCIADE NMSBASEIOO UPGRADE Software (JG Managerne 'rO NMSBASE250 NMSBASEIOO,ro Warranty nt NMSBASE250 Attachment D Page 348 of 471 Page 629 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -1325- Network UPGRADE N1 SBASE25 UPGRADE Software 25 -(JG Managerne 'rO N1 S25 N1 SBASE25 'ro Warranty nt NMS25 NMS -13-25- Network lJPGADE NMSBASElO UPGRADE Software (JG Managerne 'rO N1 SBASE25 NMSBASElO'ro Warranty nt N1 SBASE25 NMS -13500- Network UPGRADE N1 SBASE500 UPGRADE Software 500 -(JG Managerne 'rO N1 S500 N1 S13ASE500'ro Warranty nt NMS500 NMS -13-500- Network UPGRADE N1 SBASE250 UPGRADE Software (JG Managerne 'rO N1 SBASE500 N1 S13ASE250'ro Warranty nt N1 SBASE500 NMS -1350- Network UPGRADE N1 SBASE50 UPGRADE Software 50 -(JG Managerne 'rO N1 S50 N1 S13ASE50'ro Warranty nt NMS50 NMS -13-50- Network UPGRADE N1 SBASE25 UPGRADE Software (JG Managerne 'rO N1 SBASE50 N1 SBASE25 'ro Warranty nt N1 SBASE50 NMS -BASE- Network BASE NXIS 10 DEVICES BASE NMS 10 Software 10 Managerne / ioo,rHIN APS DEVICES / ioo,rHIN Warranty nt APS NMS -BASE- Network BASE NMS 100 BASE NMS 100 Software 100 Managerne DEVICES / i000,rHIN DEVICES / i000,rHIN Warranty nt APS APS NMS -BASE- Network BASE NXIS 25 DEVICES BASE NXIS 25 Software 25 Managerne / 250'rHIN APS DEVICES / 250 'THIN Warranty nt APS NMS -BASE- Network BASE NXIS 250 BASE NXIS 250 Software 250 Managerne DEVICES / 2500'rHIN DEVICES / 2500'rHIN Warranty nt APS APS NMS -BASE- Network BASE NXIS 50 DEVICES BASE NXIS 50 Software 50 Managerne / 500'rHIN APS DEVICES / 500 'THIN Warranty nt APS NMS -BASE- Network BASE NXIS 500 BASE NXIS 500 Software 500 Managerne DEVICES / 5000 'THIN DEVICES / 5000'rHIN Warranty nt APS APS NMS -BASE- Network BASE NXIS U DEVICES/ BASE NXIS U DEVICES Software (i Managerne u 'rHIN APS u'rHIN APS Warranty nt NMS -B -(J- Network UPGRADE N1 SBASE500 UPGRADE Software (JG Managerne 'rO NMSBASEIJ N1 S13ASE500'ro Warranty nt NMSBASEIJ NMS-BIJ-(J- Network UPGRADE NMSBASEIJ UPGRADE NMSBASEIJ Software (JG Managerne 'rO NMS[J 'rO NMS[J Warranty nt Attachment D Page 349 of 471 Page 630 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -K-12 Network NE'rsicifrr FOR K12 NETSIGHT FOR K12 Software Managerne Warranty nt NMS -IJ Network NMS U DEVICES/ U NMS U DEVICES/ U Software Managerne 'rHIN APS 'r TIDY APS Warranty nt NMS-IJ-AIJ- Network I -ICI -,".NSE UPGRADE LICIH.NSE UPGRADE Software (JG Managerne FROM NMS(J'ro FROM NMS(J'ro Warranty nt NI SADVIJ NI SADVIJ NMS-IJ-IJG Network UPGRADE N1 S500 UPGRADE NM S 5 00 TO Software Managerne NMS(J NMS(J Warranty nt NS -A-20 Network NE'rsicifrr APPLIANCE NE'rsicifrr APPLIANCE I Year 12/29/ Managerne REQUIRES I -ICI -,",NSE REQUIRES I -ICI -,-,NSE Warranty 2022 nt NS-(JSER Network NE'rsicifrr NETSIGHT Software 03/30/ Managerne AI DrrIONAI- AI DI'rIONAL Warranty 2020 nt cowuRREN'r cu-EN'r CONCIJRREN'r cui-,".N'r NX -4500- WING NX4500 TIFS RED AP NX4500TIERED AP Software AP -12 Wireless IICI-,-.NSE(CO(JN-r 12) I-ICI-,-.NSE(CO(JN-r 12) Warranty NX -4500- WING NX4500 TIFF RED AP NX4500TIERED AP Software AP -24 Wireless IICI-,-.NSE(CO(JN-r 24) I-ICI-,-.NSE(CO(JN-r 24) Warranty NX -4500- WING NX4500 TIFF RED AP NX4500TIERED AP Software AP -48 Wireless IICI-,-.NSE(CO(JN-r 48) I-ICI-,-.NSE(CO(JN-r 48) Warranty NX -4500- WING I-IC1-,".NSECON'rT".N'r LIC1-,".NSECON'rT".N'r Software CACH-LIC Wireless CACHE FOR NX45XX CACHE FOR NX45XX Warranty NX -5500- WING NX5500 SERVICES NX5500 SERVICES I Year 100R0 -WR Wireless PLA'rFORM PLA'rFORM Warranty Wing NX -5500- WiNG I-ICI-,".NSE128X AP I-ICI-,".NSE128X AP Software ADP -128 Wireless I -ICI -,".NSE PACK FOR [.ICI -,".NSE PACK FOR Warranty NX5500 NX5500 NX -5500- WING I-ICI-,".NSE16X AP I-ICI-,".NSE16X AP Software ADP -16 Wireless I -ICI -,".NSE PACK FOR [.ICI -,".NSE PACK FOR Warranty NX5500 NX5500 NX -5500- WING I-ICI-,".NSE64X AP I-ICI-,".NSE64X AP Software ADP -64 Wireless I -ICI -,".NSE PACK FOR [.ICI -,".NSE PACK FOR Warranty NX5500 NX5500 NX5500E- WING NX5500E EXPRSS NX5500E EXPRESS I Year 04/17/ 100R0- Wireless MANAG1-,­RS PLA'rFORM MANAGIH.RS Warranty 2023 APME APAC PLA'rFORM APAC Wing REGION NX -5500E- WiNG EXPRESS MANN 11-,I EXPRESS MANAGIH.R I Year 04/17/ 100R0 -WR Wireless PLA'rFORM PLA'rFORM Warranty 2023 Wing Attachment D Page 350 of 471 Page 631 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX -6500- WiNG NX6500 TIERED AP NX6500 TIERED AP Software AP -12 Wireless IICI-,-.NSE (CO(JN-r 12) I -ICI -,-.NSE (CO(JN-r 12) Warranty NX -6500- WiNG NX6500 TIERED AP NX6500TIERED AP Software AP -24 Wireless I.ICI-,-.NSE (CO(JN-r 24) I -ICI -,-.NSE (CO(JN-r 24) Warranty NX -6500- WiNG NX6500 TIERED AP NX6500TIERED AP Software AP -48 Wireless I.ICI-,-.NSE (CO(JN-r 48) I -ICI -,-.NSE (CO(JN-r 48) Warranty NX -6500- WiNG I,ICI-,".NSECON'rT".N'r I-ICI-,".NSECON'rT".N'r Software CACH-LIC Wireless CACHE FOR NX65XX CACHE FOR NX65XX Warranty NX -7500- WiNG NX 7500 2PORT 1001 NX 7500 2PORT 1001 I Year l0G-NMC Wireless SFP+ NMC MODULE SI P+ NMC MODULE Warranty Wing NX -7500- WiNG NX 7500 4PORT IG SIP NX 7500 4PORT IG SIP I Year lG-NMC Wireless NMC MODULE NMC MOD (JI -E Warranty Wing NX -7500- WiNG NX 7500 AC POWER NX 7500 AC POWER I Year AC-PSIJ Wireless SUPPLY SUPPLY Warranty Wing NX -7500- WiNG IICI-,".NSI-,".NX 7500 1024 I-ICI-,".NS1-,".NX 7500 1024 Software ADP -1024 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG IICI-,".NSI-,".NX 7500 256 I -ICI -,".NSI -,".NX 7500 256 Software ADP -256 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG LIC1-,".NSI-,".NX 7500 64 I -ICI -,".NSI -,".NX 7500 64 Software ADP -64 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG IICI-,".NSI-,".NX 7500 8 I -ICI -,".NSI -,".NX 7500 8 Software ADP -8 Wireless PACK ADAP'rIVE AP PACK ADAP'rIVE AP Warranty NX -7500- WiNG IICI-,".NSI-,".NX 7500 I -ICI -,".NSI -,".NX 7500 Software ADSEC-LIC Wireless ADVANCED SECIJRI'rY ADVANCED Warranty SEC(JRI'rY NX -7500- WiNG NX 7500 DC POWER NX 7500 DC POWER I Year DC-PSIJ Wireless SUPPLY SUPPLY Warranty Wing NX -7500- WiNG NX 7530 50OC113 SPARE, NX 7530 50OC113 SPARE, I Year FII -500GB Wireless 14ARD DRIVE HARD DRIVE Warranty Wing NX -7500- WiNG NX 7500 MOUNTING KIT NX 7500 MOUNTING I Month RAIL Wireless SLIDING RAILS K1'r SLIDING RAILS Warranty Wing NX -7500- WiNG NX 7500 IC113PS I-ONG NX 7500 IC113PS I-ONG I Year SIP -I -X Wireless RANGF,". SIP XCVR RANGF,". SIP XCVR Warranty Wing NX -7500- WiNG NX 7500 IOC113PS LONG NX 7500 IOC113PS LONG I Year SI PPI --1-X Wireless RANGF,". SFP+ XCVR RANGF,". SFP+ XCVR Warranty Wing NX -7500- WiNG NX 7500 IOC113PS SHORT NX 7500 IOC113PS I Year SI PPI --SX Wireless RANGF,". SFP+ XCVR SHOR'r RANGF,". SFP+ Warranty XCVR Wing Attachment D Page 351 of 471 Page 632 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX -7500- WiNG NX 7500 IC113PS SHORT NX 7500 IC113PS SHORT I Year SF P -SX Wireless RANCIF"", SF P XCVR RANCIF"", SF P XCVR Warranty Wing NX -7510- WiNG NX 7510 INTEGRATED NX 7510 INTEGRATED I Year 100R0 -WR Wireless SVC PLA'rFORM SVC PLA' ICOR Warranty Wing NX7510E- WiNG NX 75 1 OE EXPRESS NX 7510E EXPRESS I Year 04/17/ 100 t0- Wireless MANAG1-,­R PLA' ICOR MANACII-,".R PLA' ICOR Warranty 2023 APME APAC APAC REGION Wing NX -7510E- WiNG NX 75 1 OE EXPRESS NX 7510E EXPRESS I Year 04/17/ 100R0 -WR Wireless MANAG1-,­R PLA' ICOR MANACII-,".R PLA' ICOR Warranty 2023 Wing NX -7520- WiNG NX 7520 INTEGRATED NX 7520 INTEGRATED I Year 100R0 -WR Wireless SVC PLA'rFORM SVC PLA' ICOR Warranty Wing NX -7530- WiNG NX 7530 INTEGRATED NX 7530 INTEGRATED I Year 100R0 -WR Wireless SVC PLA'rFORM SVC PLA' ICOR Warranty Wing NX -9000- WiNG I-ICI-,".NSE1024 ADP AP I-ICI-,".NSE1024 ADP AP Software 10241 -IC- Wireless FOR NX 9000 FOR NX 9000 Warranty WR NX -9000- WiNG I-ICI-,".NSE128 ADP AP I-ICI-,".NSE128 ADP AP Software 1281 -IC -WR Wireless FOR NX 9000 FOR NX 9000 Warranty NX -9000- WiNG I-ICI-,".NSE8 PACK FOR I-ICI-,".NSE8 PACK FOR Software 81 -IC -WR Wireless NX 95XX NX 95XX Warranty NX -9000- WiNG I-ICI-,".NSEADVANCED LICF,".NSEADVANCED Software ADVSEC- Wireless SEC(JRI'rY FOR NX 9000 SEC(JRI'rY FOR NX Warranty LIC 9000 NX -9600- WiNG NX 9600 AirDefense NX 9600 AirDefense I 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 I Year 100R0 -WR Wireless SERVICES PLA' ICOR SERVICES PLA'rFORM Warranty Wing NX -9600- WiNG NX 9600 HARD DRIVE NX 9600 HARD DRIVE I Year HD -ACC Wireless (2-rB) ACCESSORY (2-rB) ACCESSORY Warranty Wing NX -9600- WiNG NX 9600 POWI-,",R NX 9600 POWER I Year PSIJ-ACC Wireless SUPPLY ACCESSORY SUPPLY ACCESSORY Warranty Wing NX -9610- WiNG NX 9610 INTEGRATED NX 9610 INTEGRATED I Year 100R0 -WR Wireless SERVICES PLA' ICOR SERVICES PLA'rFORM Warranty Wing Attachment D Page 352 of 471 Page 633 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr-i Wireless LIC FOR I AP PERPE'r[JAL I -ICI -,".NSE Warranty FOR I AP NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr- Wireless LIC FOR 1024 APS PERPE'r[JAL I -ICI -,".NSE Warranty 1024 FOR 1024 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr-16 Wireless LIC FOR 16 APS PERPE'r[JAL I -ICI -,".NSE Warranty FOR 16 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr- Wireless LIC FOR 2048 APS PERPE'r[JAL I -ICI -,".NSE Warranty 2048 FOR 2048 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr- Wireless LIC FOR 256 APS PERPE'r[JAL I -ICI -,".NSE Warranty 256 FOR 256 APS NX9- WING NX9XXX Nsicifrr PERP NX9XXX Nsicifrr Software Nsiciurr-64 Wireless LIC FOR 64 APS PERPE'r[JAL I -ICI -,".NSE Warranty FOR 64 APS PD -3501G- WING SINGLE PORT 8023AF SINGLE PORT 8023AF I Year F, N, r Wireless MIDSPAN DEVICE MIDSPAN DEVICE Warranty PD-9001GO- WING ourDOOR 8023AT POE ourDOOR 8023AT I Year F, N, r Wireless SINGLE PC R'r MIDSPAN POE SINGLE PC R'r Warranty MIDSPAN PD-9001CIR- WING SINGLE PORT 8023AT SINGLE PORT 8023AT I Year F, N, r Wireless compuwr MIDSPAN compuwr MIDSPAN Warranty PD-9501GO- WING SINGLE PORT 8023AT SINGLE PORT 8023AT I Year F, N, r Wireless Puffs ou'rDOOR Puis ou'rDOOR Warranty MIDSPAN MIDSPAN PD- WING MOUNTING BRACKET MOUNTING BRACKET I Year MBKOur Wireless FOR ou'rDOOR FOR ou'rDOOR Warranty MIDSPANS MIDSPANS PV -50K- AppID EA SYS 50K FPM HW EXT RE, mf". ANAL Y'ric s I 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 EXT RE, mf". ANAL Y'ric s I Year SYS -2 W[PAS SYS 50K FPM HW Warranty W[PAS PV -A-300 AppID EA APPLIANCE EXT RE, mf". ANAL Y'ric s I Year 12/29/ (HARDWARE, ONLY) APPLIANCE Warranty 2022 (HARDWARE, ONLY PV -A-300- AppID I OG INTERFACE I OG INTERFACE I Year I OG-IJG UPGRADE FOR PVA305 UPGRADE FOR PV -A- Warranty 300 Attachment D Page 353 of 471 Page 634 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. PV -FC -180 Apply EA APP SIHNSOR 4 SFP+ EXTRE, Kif". ANALY'rics I Year PORTS APP SIHNSOR 4 SFP+ Warranty PORTS PV -FC -180- Apply FAA Purview Application PURVIEW APP I Year 01/15/ G Sensor w/ 2 PSB SIH NSOR, 4 SFP+ Warranty 2025 POR-rs(-rAA) PV -FPM- Apply EA LICIHNSE 100K FPM EXTREME ANALY'rics Software 100K LICIHNSE 100K FPM Warranty PV -FPM -1M Apply EA LICIHNSE IM FPM EXTREME ANALY'rics Software LICIHNSE IM FPM Warranty I PV -FPM -3M Apply EA LICIHNSE FOR 3M EXT RE, KIT". ANAL Tric s Software FPM LICIHIon SE FOR 3M FPM Warranty PV -FPM- Apply EA LICIHNSE 500K FPM EXTREME ANALY'rics Software 500K LICIHNSE 500K FPM Warranty PV -FPM- Apply EA LICIHNSE 50K FPM EXTREME ANALY'rics Software 50K LICIHNSE 50K FPM Warranty PV-V50K- Apply EA SYS 50K FPM VIRT EXT RE, Kif". ANAL Y'r ic s I 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 EXT RE, mi-,". ANAL Y'r ic s I Year SYS -2 W[PAS SYS 50K FPM VIR'r Warranty W[PAS PWR- WiNG PWR SUPPLY POWER SUPPLY I Month BGA48VI20 Wireless 100240VAC 48VDC 2.5A INFRAs,rRtjc,r(JREPO Warranty WOWW WER BRICKACDC2.5 A Wing 48VDC 120W PWR- WiNG PS ACDCO.93 A 45W POWER SUPPLY I Month BGA48V45 Wireless INFRAsmuuruRE, ADAP'rORPOWER Warranty WOWW BRICKACDCO.93 Wing APOWER SUPPLY INF RAs,rRtjc,r(JREPO WER BRICKACDCO.9375 A 45W QSFP-SFPP- Modular 100113 QSFP+SIS P+ 100113, QSFP+-SFP+ I Year AF P'r Interfaces ADAP'rOR ADAP'rOR Warranty RAN4054A WING ANTT".NNA ou'rDOOR 8 Environment Outdoor I Year 06/30/ Wireless dBi 2AG1-IZ Rated Down tilt 'Type Warranty 2020 Dipole Gain 8 dBi 2AG1-Iz Connector NMale RFS -4000- WING LICIHNSE12 ADAPTIVE LICIHNSE12 ADAPTIVE Software 12ADP-1-IC Wireless FOR R 5400 FOR RFS4000 Warranty RFS -4000- WiNG LICIHNSE24 ADAPTIVE LICIHNSE24 ADAPTIVE Software 24ADP-1-IC Wireless FOR R 5400 FOR RFS4000 Warranty Attachment D Page 354 of 471 Page 635 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. RFS -4000- WiNG I-ICF".NSE48 ADAPTNE LICF".NSE48 ADAP'FiVE Software 48ADP-1-IC Wireless FOR RFS4000 FOR RFS4000 Warranty RFS -4000- WING IICI-,".NSE RFS4000 LICF".NSE RFS4000 Software 6ADP-1-IC Wireless SERIES 6 ADP SERIES 6 ADP Warranty RFS -4010- WING RFS400OW/ INT POE +PS RFS400OW/ I Year 00010 -WR Wireless IN'r.POE +PS Warranty Wing RFS -4010- WiNG RFS400OW/ INTPOE+PS RFS400OW/ I Year 07/17/ 00010-ZIJS Wireless IN'r.POE+PS Warranty 2023 Wing RFS -4010- WiNG RACK MOUNTFRAY I[1 RACK MOUNT TRAY I Month m,rK,r i u- Wireless RF' 54010 IIJ F' 54010 Warranty WR Wing RFS -4011- WiNG Summit WM3411 Rack Summit WM3411 Rack I Year 06/30/ m' 'r2[1- Wireless Mount Kit Mount Kit Warranty 2020 WR RFS -6010- WING KIT sWrrCH IAF; 56010 KIT sWTrCH RFS6010 I Year 06/21/ 100R0 -WR Wireless wim ZERO POR'rs wim ZERO POR'rs Warranty 2021 Wing RFS -6010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -128 Wireless 128 POR'rRF56000 AP 128 POR'rRF56000 Warranty RFS -6010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -16 Wireless 16 POR'rRF56000 AP 16 POR'rRF56000 Warranty RFS -6010- WiNG I -ICI -,".NSE ADAPTNE AP [.ICI -,".NSE ADAP'FiVE Software ADP -256 Wireless 256 POR'rRF56000 AP 256 POR'rRF56000 Warranty RFS -6010- WiNG I -ICI -,".NSE ADVANCED LICIH.NSE ADVANCED Software ADSEC-LIC Wireless SEC(1RI'rYRF56000 SEC(1RI'rYRF56000 Warranty RFS -6010- WING IICI-,".NSE 8 LICIH.NSE 8 Software t1c-08- Wireless POR'rRF56000 SERIES POR'rRF56000 SERIES Warranty WWII RFS -7010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -1024 Wireless 1024 POR'rRFS7000 AP 1024 POR'rRF57000 Warranty RFS -7010- WiNG I -ICI -,".NSE ADAPTIVE AP [.ICI -,".NSE ADAP'FiVE Software ADP -512 Wireless 512 POR'rRFS7000 AP 512 POR'rRF57000 Warranty RFS -7010- WiNG I -ICI -,".NSE ADAPTNE AP [.ICI -,".NSE ADAP'FiVE Software ADP -64 Wireless 64 POR'rRF57000 AP 64 POR'rRF57000 Warranty RFS -7010- WiNG I -ICI -,".NSE ADVANCED LICIH.NSE ADVANCED Software ADSEC-LIC Wireless SEC(1RI'rYRF57000 SEC(1RI'rYRF57000 Warranty RFS -7010- WING UPGRADE CERT 16 UPGRADE CERT 16 Software I1C-16-WR Wireless POR'rRF57000 SERIF, POR'rRF57000 SERIF, Warranty RMK- SRA RACK MOUNT KIT FOR MI.XE32 RACK I Year 4pos,r- 32Si-o,r sys,rEMS MO1JN'r K1'r FOR A Warranty MI -XE -32 4pos-r RACK (FLUSH MO(JN'r INs'rAIJ-A'riON) Attachment D Page 355 of 471 Page 636 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. RMK-CAB- SRA FRIJ M[.XE,32 4pos'r M[-Xe32 4Post Rack Kit I Year Cil o- RACK KI'r cro Custom Federal Warranty MI -XE -32 Rack/Cabinet (Cil o). RMK-CAB- SRA MLXE,16 MOUNT KIT MLXE,16 MOUNT KIT I Year MI -XE -16 CABINE'r/4 Pos'r RACK For M[-Xe16 installation Warranty in a Cabinet or a 4 post Rack. Includes a Cable Management Comb for cable management RMK-CAB- SRA MLXE,32 RACK MOUNT MLXE,32 RACK I Year MI -XE -32 ICI' r FOR INs'ri- IN CAB MO[JN'r ISI' r FOR Warranty INs'rAI,I-A'riON IN CABINE-r (RECESS KI -r) RMI,', -CAB- SRA M[-XE,4 MOUNT KIT M[-XE,4 MOUNT KIT I Year MI -XE -4 CABINE'r/4 Pos'r RACK For M[-Xe4 installation in Warranty a Cabinet or a 4 post Rack RMK-CAB- SRA M[-XE,8 MOUNT KIT M[-XE,8 MOUNT KIT I Year MI -XE -8 CABINE'r/4 Pos'r RACK For M[-Xe8 installation in Warranty a Cabinet or a 4 post Rack RMC -NI -X- SRA RACK MOUNT KIT FOR M[-Xe32 / MI -X32/ I Year 32 32Si-o,r sys,rEMS XMR32000 Rack Mount Warranty Kit for installation in a standard 2 post rack RPS9 SRA 50OW AC PWR SUPPLY 50OW AC Power supply I Year FOR NI CER/CES SERIES for NetIron CES NetIron Warranty CER and Server1ron ADX 1000 Series RPS9DC SRA 50OW DC PWR SUPPLY 50OW DC Power supply I Year FOR NI CER/CES SERIES for NetIron CES NetIron Warranty CER and and Server1ron ADX 1000 Series RPS9DC-I SRA RPS9DCIEXI-IA(1s,r 50OW DC Power Supply No with supply side intake Warranty airflow Si- Modular SSE IES S1 CHASSIS A SSE IES S1 CHASSIS A I Year 04/30/ CHASSIS -A 1-3 wim FANS wim FANS Warranty 2024 Switching SI-EOS- Modular SI/SIA USE CAPACITY SI/SIA USE Software 04/30/ USE 1-3 I -ICI -,".NSE UPGRADE CAPACI'ry [.ICI -,".NSE Warranty 2024 Switching UPGRADE SI-EOS- Modular S1 VIRTUAL SWITCH S1 VIRTUAL SWITCH Software 04/30/ VSB 1-3 BONDING [.ICI -,".NSE BONDING [.ICI -,".NSE Warranty 2024 Switching Attachment D Page 356 of 471 Page 637 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SI -FAN -A Modular S I A FAN TRAY S1 A FANTRAY I Year 04/30/ 1-3 Warranty 2024 Switching 51-1 O(JN'r- Modular SI MO UNT ING IT I Year 04/30/ Krr 1-3 Warranty 2024 Switching SI -5150- Modular S1 CHASSIS 16PORTs I Year 12/31/ l0G-B(JN 1-3 SF P+ B UN D LE wim Warranty 2019 Switching 5150 53-108SFP- Modular S3 5130 108 PORT SIP I Year 12/31/ BUN 1-3 BUNDLE Warranty 2019 Switching S3- Modular SSERIES S3 SSE IES S3 I Year 04/30/ CHASSIS -A 1-3 CHAS si s/i,'AN'rRAY CHAS si s/i,'AN'r RAY Warranty 2024 Switching S3- Modular S3 CHASSISA AND 4 S3 CHASSISA AND 4 1 Year 04/30/ CHASSIS- 1-3 BAY POE SHELF BAY POE SHELF Warranty 2024 POEA Switching S3- Modular S3MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S3 -POE- Modular S3 4 BAY POE UPGRADE I Year 04/30/ 4BAY-(JGK 1-3 KI'r Warranty 2024 Switching 54-64SFPP- Modular S4 64 PORTS SFP+ I Year 12/31/ BUN 1-3 Warranty 2019 Switching S4- Modular SSE IES S4 SSE IES S4 I Year 04/30/ CHASSIS 1-3 CHAS si s/i,'AN'rRAY CHAS si s/i,'AN'r RAY Warranty 2024 Switching S4- Modular SSE IES S4 AND 4 BAY SSE IES S4 AND 4 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S4- Modular S4MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S4 -POE- Modular S4 4 BAY POE UPGRADE I Year 04/30/ 4BAY-(JGK 1-3 KI'r Warranty 2024 Switching 56-96SFPP- Modular S6 96 PORTS SFP+ I Year 12/31/ BUN 1-3 Warranty 2019 Switching S6- Modular S6 CHASSIS W S6 FANS S6 CHASSIS W S6 I Year 04/30/ CHASSIS 1-3 FANS Warranty 2024 Switching Attachment D Page 357 of 471 Page 638 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S6- Modular SSERIES S6 AND 4 BAY SSE IES S6 AND 4 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S6 -FAN Modular S6FAN I Year 04/30/ 1-3 Warranty 2024 Switching S6- Modular S6MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S8- Modular S8POE4 348 PORT I Year 12/31/ 348,rRpi-- 1-3 'r RI P LE S PEI-,", D B UN D LE Warranty 2019 BUN Switching S8- Modular SSE IES S8 SSE IES S8 I Year 04/30/ CHASSIS 1-3 CHAS si s/i,'AN'r RAYS CHAS sis/i,'AN'rRAYS Warranty 2024 Switching S8- Modular SSE IES S8 AND 4 BAY SSE IES S8 AND 4 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S8- Modular SSE IES S8 AND 8 BAY SSE IES S8 AND 8 1 Year 04/30/ CHASSIS- 1-3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE8 Switching S8- Modular S8MIDMO(JN'rKI'r I Year 04/30/ MIDMOUN 1-3 Warranty 2024 'r-KI'r Switching S8 -POE- Modular S8 4 BAY POE UPGRADE I Year 04/30/ 4BAY-(JGK 1-3 KI'r Warranty 2024 Switching S8 -POE- Modular S8 8 BAY POE UPGRADE I Year 04/30/ 8BAY-(JGK 1-3 KI'r Warranty 2024 Switching S -AC -PS Modular SSE IES AC POWER I Year 04/30/ 1-3 SUPPLY S3/S4/S8 Warranty 2024 Switching S -AC -PS- Modular 15 AMP S POWER I Year 04/30/ 15A 1-3 SUPPLY Warranty 2024 Switching S -AC -PS -G Modular SSE IES AC POWER I Year 04/30/ 1-3 SUPPLY S3/S4/S6/S8 Warranty 2024 Switching 'rAA S -DC -PS Modular SSE IES DC POWER I Year 04/30/ 1-3 SUPPLY S3/S4/S8 Warranty 2024 Switching S-EOS- Modular SSFP RIES FLOW SSERIES FLOW Software FLOW 1-3 CAPAcrry [.ICI -,".NSE CAPACI'ry [.ICI -,".NSE Warranty Switching Attachment D Page 358 of 471 Page 639 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S-EOS- Modular SSERIES MACSEC Software 04/30/ KMACSEC L3 LICE".NSE Warranty 2024 Switching S-EOS-1-3- Modular 5130 CLASS ROuTING 5130 CLASS ROUTING Software 04/30/ 5130 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS-1-3- Modular 5150 CLASS ROFFING 5150 CLASS ROUTING Software 04/30/ 5150 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS- Modular SSE IES MACSEC SSE IES MACSEC Software 04/30/ MACSEC 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS-PPC Modular PORT USE CAPACITY PORT USE CAPACITY Software 04/30/ 1-3 LICE".NSE LICE".NSE Warranty 2024 Switching S-EOS-VSB Modular VIRTUAL SWITCH VIRTUAL SWITCH Software 04/30/ 1-3 BONDING CHASSIS BONDING CHASSIS Warranty 2024 Switching LICE".NSE LICE".NSE S - FAN Modular SSE IES FANTRAY I Year 04/30/ 1-3 S3/S4/S8 Warranty 2024 Switching SG1201- Modular SIOM 48 PORT SIP W2 SIOM 48 PORT SIP W2 I Year 12/31/ 0848 1-3 op'rIONSi-o'rs op'rIONSi-o'rs Warranty 2019 Switching SG1201- Modular SI/OFAB 48 PORT SIP SI/OFAB 48 PORT SIP I Year 12/31/ 0848-176 1-3 W2 opsi-o'rs W2 opsi-o'rs Warranty 2019 Switching SG2201- Modular 5140 48PORT SIP 10 5140 48PORT SIP 10 1 Year 04/30/ 0848 1-3 Warranty 2024 Switching SG2201- Modular 5140 48PORT SIP 10 5140 48PORT SIP 10 1 Year 04/30/ 0848G 1-3 (-FAA) (-FAA) Warranty 2024 Switching SG4101- Modular SIOM 48 PORT SIP W1 SIOM 48 PORT SIP W1 I Year 04/30/ 0248 1-3 op'rION si-o'r op'rION si-o'r Warranty 2024 Switching SG4101- Modular SIOM 48 PORT SIP W1 SIOM 48 PORT SIP W1 I Year 04/30/ 0248G 1-3 op-IONsi-o-r (-FAA) op -LION si-o-r (-FAA) Warranty 2024 Switching SG5201- Modular 5155 CLASS 1/0 FABRIC 5155 CLASS 1/0 1 Year 12/31/ 0848-176 1-3 48 POR'rs SIP +2 OM FABRIC 48 POR'rs SIP Warranty 2019 Switching +2 OM SG8201- Modular S180 48PORT SIP S180 48PORT SIP I Year 04/30/ 0848-178 1-3 FABRIC FABRIC Warranty 2024 Switching Attachment D Page 359 of 471 Page 640 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SG8201- Modular S180 48PORT SIP S180 48PORT SIP I Year 04/30/ 0848-F 8G 1-3 FABRIC (-rAA) FABRIC (-rAA) Warranty 2024 Switching SGI-2001- Modular 48 PORTs SIP 2 PORTS 48 PORTs SIP 2 PORTs I Year 04/30/ 0850 1-3 QSFP+ S140 I/O QSFP+ S140 I/O Warranty 2024 Switching SGI-2001- Modular 48 PORT SI P2 PORTs 48 PORT SI P2 PORTs I Year 04/30/ 0850G 1-3 QSFP+S140 i/o(-rAA) QSFP+S140 i/o(-rAA) Warranty 2024 Switching SIS 1008- Modular SIOM 16 PORTs SIP SIOM 16 PORTs SIP I Year 12/31/ 0816 1-3 PLUS PLUS Warranty 2019 Switching SIS 1208- Modular SI/OFAB 8 SFP+ PORTs SI/OFAB 8 SI P+ PORTs I Year 12/31/ 0808-176 1-3 W2 opsi-o'rs W2 opsi-o'rs Warranty 2019 Switching SK2008- Modular 5140 32PORT SI PP 10 5140 32PORT SI PP 10 1 Year 04/30/ 0832 1-3 Warranty 2024 Switching SK2008- Modular 5140 32PORT SI PP 10 5140 32PORT SI PP 10 1 Year 04/30/ 0832G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK2009- Modular 5140 24PORT iociivr io 5140 24PORT IOGBT io I Year 04/30/ 0824 1-3 Warranty 2024 Switching SK2009- Modular 5140 24PORT iociirr io 5140 24PORT IOGBT io I Year 04/30/ 0824G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK5208- Modular 155 CLASS 1/0 FABRIC 8 155 CLASS 1/0 FABRIC I Year 12/31/ 0808-176 1-3 POR'rs lOGB + 20M 8 POR'rs lOGB + 20M Warranty 2019 Switching SK8008- Modular S180 24PORT SI PP 10 5180 24PORT SI PP 10 1 Year 04/30/ 1224 1-3 Warranty 2024 Switching SK8008- Modular S180 24PORT SI PP 5180 24PORT SI PP I Year 04/30/ 1224-178 1-3 FABRIC FABRIC Warranty 2024 Switching SK8008- Modular S180 24PORT SI PP 5180 24PORT SI PP I Year 04/30/ 1224-F 8G 1-3 FABRIC (-rAA) FABRIC (-rAA) Warranty 2024 Switching SK8008- Modular S180 24PORT SI PP 10 5180 24PORT SI PP 10 1 Year 04/30/ 1224G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK8009- Modular S180 24PORT iociirr io S180 24PORT IOGBT io I Year 04/30/ 1224 1-3 Warranty 2024 Switching Attachment D Page 360 of 471 Page 641 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SK8009- Modular S180 24PORT iociivr S180 24PORT inch rr I Year 04/30/ 1224-178 1-3 FABRIC FABRIC Warranty 2024 Switching SK8009- Modular S180 24PORT inch rr S180 24PORT inch rr I Year 04/30/ 1224-F8G 1-3 FABRIC (-rAA) FABRIC (-rAA) Warranty 2024 Switching SK8009- Modular S180 24PORT inch rr io S180 24PORT IOGBT io I Year 04/30/ 1224G 1-3 (-rAA) (-rAA) Warranty 2024 Switching SK8208- Modular 8 PORTs SFP+ S180 8 PORTs SFP+ S180 I Year 04/30/ 0808-178 1-3 FABRIC wim 2 OP FABRIC wim 2 OP Warranty 2024 Switching MOD MOD SK8208- Modular 8 PORTs SF P+ 5180 8 PORTs SF P+ 5180 I Year 12/19/ 0808-F8G 1-3 FABRIC W/2 OP FABRIC W/2 OP Warranty 2023 Switching 1iD('rAA) MOD(-rAA) SKI -8008- dular 8 PORTs SF P+ 2 PORTs 8 PORTs SF P+ 2 PORTs I Year 12/19/ 0810-178 1-3 QSFP+ 5180 FABRIC QSFP+ 5180 FABRIC Warranty 2023 Switching SKI -8008- Modular 8 PORTs SF P+ 2 PORTs 8 PORTs SF P+ 2 PORTs I Year 04/30/ 0810-F 8G 1-3 QSFP+S180 FAB(-rAA) QSFP+S180 FAB(,rAA) Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 10 5180 6PORT QSFP 10 1 Year 06/24/ 1206 1-3 Warranty 2023 Switching S1-8013- Modular S180 6PORT QSFP 10 A 5180 6PORT QSFP 10 A I Year 04/30/ 1206A 1-3 Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 10 A 5180 6PORT QSFP 10 A I Year 04/30/ 1206AG 1-3 (-rAA) (-rAA) Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 5180 6PORT QSFP I Year 12/31/ 1206-178 1-3 FABRIC FABRIC Warranty 2023 Switching S1-8013- Modular S180 6PORT QSFP 5180 6PORT QSFP I Year 04/30/ 1206-178A 1-3 FABRIC A FABRIC A Warranty 2024 Switching S1-8013- Modular S180 6PORT QSFP 5180 6PORT QSFP I Year 04/30/ 1206-178AG 1-3 FABRIC A (-rAA) FABRIC A (-rAA) Warranty 2024 Switching SOG2201- Modular 12 PORTs SF'rYPE1 12 PORTs SF'rYPE1 I Year 04/30/ 0112 1-3 OM OM Warranty 2024 Switching SOG2201- Modular 12 PORTs SF'rYPE1 12 PORTs SF'rYPE1 I Year 04/30/ 0112G 1-3 om (-rAA) om (-rAA) Warranty 2024 Switching Attachment D Page 361 of 471 Page 642 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S03GK2218- Modular 10SFP 2SFP+ PORTS 10SFP 2SFP+ PORTS I Year 04/30/ 0212 1-3 'rYPE2 OM 'rYPE2 OM Warranty 2024 Switching S03GK2218- Modular l0SFP 2SFP+ PORTS l0SFP 2SFP+ PORTS I Year 04/30/ 021201 1-3 -rYPE2 om (-1 AA}-rYPE2 om (-1AA}Warranty 2024 Switching SO 2208- Modular 2 PORTS SFP+'rYPE1 2 PORTS SFP+'rYPE1 I Year 04/30/ 0102 1-3 OM OM Warranty 2024 Switching SO 2208- Modular 2 PORTS SFP+'rYPE1 2 PORTS SFP+'rYPE1 I Year 04/30/ 010201 1-3 om (-1AA}om (-1AA}Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE1 4 PORTS SFP+'rYPE1 I Year 04/30/ 0104 1-3 OM OM Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE1 4 PORTS SFP+'rYPE1 I Year 04/30/ 010401 1-3 om (-1AA}om (-1AA}Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE2 4 PORTS SFP+'rYPE2 I Year 04/30/ 0204 1-3 OM OM Warranty 2024 Switching SO 2208- Modular 4 PORTS SFP+'rYPE2 4 PORTS SFP+'rYPE2 I Year 04/30/ 020401 1-3 om (-1AA}om (-1AA}Warranty 2024 Switching SO 2209- Modular 1o01i3TTYPE2 OPTION 1o01i3TTYPE2 OPTION I Year 04/30/ 0204 1-3 MODULE MODULE Warranty 2024 Switching SO 2209- Modular 1o01i3TTYPE2 OPTION 1o01i3TTYPE2 OPTION I Year 04/30/ 020401 1-3 MODULE (-rAA) MODULE (-rAA) Warranty 2024 Switching so,r2206- Modular 12 P03RTsTRIPLETYPE1 12 PORTsTRIPLE I Year 04/30/ 0112 1-3 OM 'rYPE1 OM Warranty 2024 Switching so,r2206- Modular 12 P03RTsTRIPLETYPE1 12 PORTsTRIPLE I Year 04/30/ 011201 1-3 om (-1AA}-rYPE 1031 (-1AA}Warranty 2024 Switching so, K2268- Modular ToTS 2SFP+ PORTS ToTS 2SFP+ PORTS I Year 04/30/ 0212 1-3 'rYPE2 OM 'rYPE2 OM Warranty 2024 Switching so, K2268- Modular ToTS 2SFP+ PORTS ToTS 2SFP+ PORTS I Year 04/30/ 021201 1-3 -rYPE2 om (-1AA}-rYPE2 om (-1AA}Warranty 2024 Switching SOV3008- Modular 4 PORT VSB 4 PORT VSB I Year 04/30/ 0404 1-3 EXPANSION MODULE EXPANSION MODULE Warranty 2024 Switching Attachment D Page 362 of 471 Page 643 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SOV3008- Modular 4 PORT VSB 4 PORT VSB I Year 04/30/ 0404E 1-3 EXPANSION MODULE EXPANSION MODULE Warranty 2024 Switching (,FAA) (-FAA) SOV3208- Modular 2 VSB PORTTYPE2 OM 2 VSB PORTTYPE2 OM I Year 04/30/ 0202 1-3 Warranty 2024 Switching SOV3208- Modular 2 VSB PORTTYPE2 OM 2 VSB PORTTYPE2 OM I Year 04/30/ 0202G 1-3 (-FAA) (-FAA) Warranty 2024 Switching S -POE -PS Modular SSI RIES POE POWER SSI RIES POE POWER I Year 04/30/ 1-3 SUPPLY SUPPLY Warranty 2024 Switching SP-SWSV-P- WING AIRDEFI-,".NSE ADSP AIRDI-,".FI-,".NSE ADSP Software I Wireless SERVER SW LICIH.NSE SERVER SW LICIH.NSE Warranty SSA -AC -PS- Modular FAA COM[ IANT SSA I Year 04/30/ 1 OOOG 1-3 1000W PS Warranty 2024 Switching SSA -AC -PS- Modular SSA AC POWER SUPPLY S -Series Standalone (SSA I Year 01/15/ 1000W 1-3 1000W 5130 and SSA150 Class) Warranty 2025 Switching and SI Chassis - AC and PoE power supply, 15A, 110-240VAC input, (1000/1200W) SSA -AC -PS- Modular SSA AC POWER SUPPLY S -Series Standalone (SSA I Year 01/15/ 625W 1-3 625W 5130 and SSA150 Class) - Warranty 2025 Switching AC power supply, 151, 100-240VAC input, (625W) SSA-EOS- Modular SSA DOUBLE USER SSA DOUBLE USER Software 2X(1SER 1-3 CAPAcrry [.ICI -,".NSE CAPACI'ry [.ICI -,".NSE Warranty Switching SSA-EOS- Modular VIRTUAL SWITCH VIRTUAL SWITCH Software VSB 1-3 BONDING SSA LICIH.NSE BONDING SSA Warranty Switching LICIH.NSE SSA -FAN- Modular SSA AN S -Series Standalone (SSA I Year 01/15/ Krr 1-3 REP[-ACEmi-,".N,r KI'r 5130 and 5150 Class) - Warranty 2025 Switching Replacement fan assembly (Single FAN) SSA -FB -AC- Modular SSA F'rB PS 1/0 SIDE S -Series Standalone I Year 01/15/ PS -A 1-3 EXI-IA(Js,r (SSA180 Front to Back) - Warranty 2025 Switching AC power supply, 151, 100-240VAC input, I/O side exhaust SSA -FB -AC- Modular SSA F'rB PS 10 SIDE S -Series Standalone I Year PS -I3 1-3 IN'rAKE (SSA180 Front to Back) - Warranty Switching AC power supply, 15A, Attachment D Page 363 of 471 Page 644 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 364 of 471 Page 645 of 1174 100-240VAC input, I/O side intake SSA -FB- Modular SSA FRONTTO BACK SSA FRONTTO BACK I Year 01/15/ FAN 1-3 FAN,rRAY FLAN ,rRAY Warranty 2025 Switching SSA -FB- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ FAN -G 1-3 SSA180 FAN ASSEMBLY SSA180 FAN Warranty 2024 Switching ASSEM131-Y SSA -FB- Modular OPTIONAL Optional Rack Mount it No 01/15/ MOIJN,rKl,r 1-3 RACKMO(JN,r KI,r FOR for the S SA 180 'Front to Warranty 2025 Switching SSA FB MODELS Back'models. SSA-GI018- Modular SSA 48 SF P AND 4 SI PP SSA 48 SIP AND 4 SI PP I Year 03/31/ 0652 1-3 POR,rs ix POR,rs ix Warranty 2021 Switching SSA -018018- Modular SSA180 F RONT To SSA180 FRONTro I Year 01/15/ 0652 1-3 BACK SF P BACK SF P Warranty 2025 Switching SSA -018018- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ A -G 1-3 SSA180 SF P wim 2 PSA SSA180 SF P wim 2 Warranty 2024 Switching PSA SSA -018018- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ B -G 1-3 SSA180 SF P wim 2 PSB SSA180 SF P wim 2 Warranty 2024 Switching PSB SSA -T1068- Modular SSA 48TS RJ45 POEAT SSA 48TS RJ45 POEAT I Year 01/15/ 0652A 1-3 AND 4 SI PP PC R,r IXA AND 4 SI PP PC R,r IXA Warranty 2025 Switching SSA -T1068- Modular SSA150ATRIPLE SPEED SSA150ATRIPLE I Year 04/30/ 0652G 1-3 POE,rAA SPEED POE,rAA Warranty 2024 Switching SSA -T4068- Modular SSA 48 TS RJ45 POE AT SSA 48 TS RJ45 POE AT I Year 01/15/ 0252 1-3 AND 4 SI PP PC R,r 4X AND 4 SI PP PC R,r 4X Warranty 2025 Switching SSA -T4068- Modular SSA 48 TS RJ45 POE AT 4 SSA 48 TS RJ45 POE AT I Year 04/30/ 0252-G 1-3 SI PP PC R,r 4X,rAA 4 SI PP PC R,r 4X,rAA Warranty 2024 Switching SSA -T8028- Modular SSA180 F RONT To SSA180 FRONTro I Year 01/15/ 0652 1-3 BACK rrRIPLES PEED BACK rrRIP[-ESPI-,".I-,".D Warranty 2025 Switching SSA -T8028- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ A -G 1-3 SSA180,rs wim 2 PSA SSA180,rs wim 2 PSA Warranty 2024 Switching SSA -T8028- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ B -G 1-3 SSA180,rs wim 2 PSB SSA180,rs wim 2 PSB Warranty 2024 Switching Attachment D Page 364 of 471 Page 645 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SSA-WAIJ-- Modular SSA 130 I50 CLASS SSA 5130, 5150 and I Year 01/15/ MO(JN'r 1-3 WALL MO(JN'r SSA180 class Wall Mount Warranty 2025 Switching BRACKET Bracket SSCON- Fixed 1-3 CONSOLE CABLE FOR No 11/01/ CAB SECURE s'rACK B2 AND Warranty 2023 C2 s'r 1206- Modular SIOM 48 POR'rs'rS RJ45 SIOM 48 PORTs Ts I Year 12/31/ 0848 1-3 POE A'r W2 OPSL RJ45 POE A'r W2 OPSL Warranty 2019 Switching s'r 1206- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 12/31/ 0848-176 1-3 W2 onsi-urs POE W2 orrsi.o'rs Warranty 2019 Switching sT2206- Modular 5140 48PORT'rs io 5140 48PORT'rs io I Year 12/31/ 0848 1-3 Warranty 2023 Switching sT2206- Modular 5140 48PORT'rs 10 A 5140 48PORT'rs 10 A I Year 04/30/ 0848A 1-3 Warranty 2024 Switching sT2206- Modular 5140 48PORT'rs 10 A 5140 48PORT'rs 10 A I Year 04/30/ 0848AG 1-3 (-FAA) (-FAA) Warranty 2024 Switching sT4106- Modular SIOM 48 PORTTS RJ45 SIOM 48 PORTTS RJ45 I Year 04/30/ 0248 1-3 POE A'r wi opsi.o'r POE A'r wi opsi.o'r Warranty 2024 Switching sT4106- Modular SIOM 48P TS RJ45 POE SIOM 48P TS RJ45 POE I Year 04/30/ 0248G 1-3 A -r wi opsi-o-r (-FAA) A -r wi opsi-o-r (-FAA) Warranty 2024 Switching s' 4106- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 01/30/ 0348-176 1-3 wi onsi-urs POE W1 orrsi.o'rs Warranty 2023 Switching s' 4106- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 04/30/ 0348-F6G 1-3 wi onsi-o-rs (-FAA) POE W1 onsi.urs Warranty 2024 Switching (-FAA) sT5206- Modular 5155 1/0 FABRIC 48 5155 1/0 FABRIC 48 1 Year 12/31/ 0848-176 1-3 POR'rs,rRIPLE4- 2 OM POR'rs,rRIPLE4- 2 OM Warranty 2019 Switching sT8206- Modular S180 48PORTTS FABRIC S180 48POR'Frs I Year 09/30/ 0848-178 1-3 FABRIC Warranty 2020 Switching sT8206- Modular S180 48PORTTS FABRIC S180 48POR'Frs I Year 04/30/ 0848-178A 1-3 A FABRIC A Warranty 2024 Switching sT8206- Modular S180 48PORTTS FABRIC S180 48POR'Frs I Year 04/30/ 0848-178AG 1-3 A (-FAA) FABRIC A (-FAA) Warranty 2024 Switching Attachment D Page 365 of 471 Page 646 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. s,rK-CAB- Fixed 1-3 21 sTACKING CABLE 21 sTACKING CABLE No 21 umnED S(JPPOR'r III nED S[1 PC Warranty s,rK-CAB- Fixed 1-3 51 sTACKING CABLE 51 sTACKING CABLE No 12/31/ 51 Warranty 2022 s,rK-CAB- Fixed 1-3 im sTACKING CABLE im sTACKING CABLE No LONG Warranty s,rK-CAB- Fixed 1-3 30CM sTACKING 30CM sTACKING No SHOR'r CABLE CABLE Warranty s,rK-RPS- Fixed 1-3 3SFur MOD (JI -AR 3SFur MOD (JI -AR I Year 1005CH3 SHELF FOR 1005W PS SHELF FOR 1005W PS Warranty s,rK-RPS- Fixed 1-3 1005W 8023AT POE 1005W 8023AT POE Limited 1005PS REDIJNDAN'r POWER REDIJNDAN'r POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacern ent-2 s,rK-RPS- Fixed 1-3 2SEur MO D (JI -AR 2Si-o,r MODULAR I Year 150CH2 SHELF FOR 150W RPS SHELF FOR 150W RPS Warranty s,rK-RPS- Fixed 1-3 8SEur MO D (JI -AR 8si-o'r MODULAR I Year 150CH8 SHELF FOR 150W PS SHELF FOR 150W PS Warranty s,rK-RPS- Fixed 1-3 150W NONPOE 150W NONPOE Limited 150PS REDIJNDAN'r POWER REDIJNDAN'r POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacern ent-2 s,rK-RPS- Fixed 1-3 500W 8023AT POE 500W 8023AT POE Limited 50OPS REDIJNDAN'r POWER REDIJNDAN'r POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacern ent-2 sTI-2006- Modular 48 PORTs TRIPLE 2 48 PORTs TRIPLE 2 1 Year 04/30/ 0850 1-3 POR-rs QSFP+ 5140 1/0 POR-rs QSFP+ 5140 1/0 Warranty 2024 Switching Attachment D Page 366 of 471 Page 647 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. sTI-2006- Modular 48 PC RTs TRIPLE 2P 48 PC RTs TRIPLE 2P I Year 04/30/ 0850G 1-3 QSFP+ S140 i/o(-rAA) QSFP+ S140 i/o(,rAA) Warranty 2024 Switching SV -1252- WING KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ BK- I Wireless BACKUP APPLIANCE BACKUP APPLIANCE Warranty 2022 1252 1252 Wing SV -1252 -P -I WiNG KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ Wireless APPLIANCE MODEL APPLIANCE MODEL Warranty 2022 1252 1252 Wing SV -3652- WiNG KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ BK -I Wireless BACKUP APPLIANC BACKUP APPLIANC Warranty 2022 3652 3652 Wing SV -3652 -P -I WiNG KITAIRDEFF".NSE KITAIRDEFF".NSE I Year 07/31/ Wireless APPLIANCE MODEL APPLIANCE MODEL Warranty 2022 3652 3652 Wing TS -0524 -WR WiNG TS0524 POWER TS0524 POWER I Year 06/28/ Wireless BROADBAND swrrCH BROADBAND swrrCH Warranty 2024 Wing TW -0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 07/13/ 60010-EIJ Wireless AP802.11 ABCIN EIJ AP802.11 ABCIN EIJ Lifetime 2022 Warranty Wing TW -0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 07/13/ 60010 -US Wireless AP802.11 ABCIN ITS AP802.11 ABCIN ITS Lifetime 2022 Warranty Wing TW -0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 04/13/ 60010 -WR Wireless AP802.11 ABCIN WR AP802.11 ABCIN WR Lifetime 2022 Warranty Wing TW -0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 06/28/ 67030 -1 -WR Wireless N.AC. WR NAC. WR Extreme Lifetime 2024 Warranty Wing TW -0522- WING WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 07/28/ 67030-EIJ Wireless N.AC. EIJ NAC. EIJ Lifetime 2023 Warranty Wing TW -0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 06/28/ 67030 -US Wireless N.AC. ITS NAC. ITS Lifetime 2024 Warranty Wing TW -0522- WING WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 07/28/ 67030 -WR Wireless N.AC. WR N.C. WR Lifetime 2023 Warranty Wing Attachment D Page 367 of 471 Page 648 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. V300 -8P -2'r- VPH V3008P2'rW V3008P2'rW 8 port Limited W 10/100/1000BASE'r Lifetime POE + ports half/full Warranty duplex 2x1000BASE'r with ports POE powered express 802.3bt type 4 fanless Advanced Hardware Replacem ent VIM5-2Q Smart VIM5 2x40GIH, QSFP Versatile Interface Limited OmniEdge Module 5 with two Lifetime Switching 40CIbE (QSFP) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-2Y Smart VIM5 2x25C!I-,"-, SFP28 Versatile Interface Limited OmniEdge Module 5 with two Lifetime Switching 25GbE (SFP28) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-4X Smart VIM5 4xI0CIF,". SFP+ Versatile Interface Limited OmniEdge Module 5 with four Lifetime Switching 10GbE (SFP+) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-4XE Smart VIM5 4xIOCIF,",", SFP+ Versatile Interface Limited OmniEdge MACsec LRM Module 5 with four Lifetime Switching l0GbE (SFP+) ports LRM Warranty MACsec capable with supported on express ExtremeSwitching X465 Advanced and VSP4900 Hardware Replacem ent Attachment D Page 368 of 471 Page 649 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. VI1 54Y Smart VI1 5 4x25GE"", SFP28 Versatile Interface Limited OmniEdge Module 5 with four Lifetime Switching 25GbE (SFP28) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VI1 54YE Smart VI1 5 4x25GE"", SFP28 Versatile Interface Limited OmniEdge MACsec Module 5 with four Lifetime Switching 25GbE (SFP28) ports Warranty MACsec capable with supported on express ExtremeSwitching X465 Advanced and VSP4900 Hardware Replacem ent vmm-ANT WiNG Kl,rM[-2452VMM3M3036 Kl,rM[-2452VMM3M303 I Month CON- Wireless 259026302R 6259026302R Warranty BUNDLE Wing VSP4900- EAN VSP490048P with I I OOW VSP490048P Bundle Limited 48P-131 PSIJ Bundle includes VSP490048P and Lifetime one 1100W AC PSIJ FB Warranty (10941) with express Advanced Hardware Replacem ent VSP4900- EAN VSP490048PBlVIM52Y VSP490048P Bundle Limited 48P -BI -2Y Bundle includes one VSP490048P Lifetime one 1100W AC PSIJ FB Warranty (10941) and one VIM52Y with express Advanced Hardware Replacem ent VSP4900- EAN VSP490048PBI VI1 54X VSP490048P Bundle Limited 48P -BI -4X Bundle includes one VSP490048P Lifetime one 1100W AC PSIJ FB Warranty (10941) and one VIM54X with express Advanced Hardware Attachment D Page 369 of 471 Page 650 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 370 of 471 Page 651 of 1174 Replacern ent VSP4900- FAN VSP490048PBI VI1 54XE VSP490048P Bundle Limited 48P-BI-4XE Bundle includes one VSP490048P Lifetime one 1100W AC PSIJ FB Warranty (10941) and one with VI1 54XE express Advanced Hardware Replacern ent VSP7400- FAN VSP 7432CQ VSP 7400 32 x lOOGbps I Year 32C QSFP28 ports Score CP(J Warranty 16GB RAM 128GB SSD 4post rack mount kit No PSIJ No Fans VSP7400- FAN VSP 7432CQF VSP 7400 32 x lOOGbps I Year 32C -AC -F QSFP28 ports Scare CP(J Warranty 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Front to Back Airflow VSP7400- FAN VSP 7432CQR VSP 7400 32 x lOOGbps I Year 32C -AC -R QSFP28 ports Score CP(J Warranty 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Back to Front Airflow VSP7400- FAN VSP 740048Y8C VSP 7400 48 x I Year 48Y -8C 10/25C!bps SFP28 ports 8 Warranty x lOOGbps QSFP28 ports Score CP(J 16GB RAM 128GB SSD 4post rack mount kit No PSIJ No Fans VSP7400- FAN VSP 740048Y8CACF VSP 7400 48 x I Year 48Y -8C -AC- 10/25C!bps SFP28 ports 8 Warranty F x lOOGbps QSFP28 ports Score CP(J 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Front to Back Airflow VSP7400- FAN VSP 740048Y8CACR VSP 7400 48 x I Year 48Y -8C -AC- 10/25C!bps SFP28 ports 8 Warranty R x lOOGbps QSFP28 ports Attachment D Page 370 of 471 Page 651 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 371 of 471 Page 652 of 1174 Score CP(J 16GB RAM 128GB SSD Single 750W AC PSIJ six fans 4post rack mount kit Back to Front Airflow VSP-PRMR- FAN VSP 4900 Premier License VSP 4900 Premier Software I,E-I-IC-P with MACsec Feature License with Warranty MACsec for I Chassis VSP-PRMR- FAN VSP Premier License VSP 7400 Premier Software LIC -P Feature License Includes Warranty Insight license VSP-PRMR- FAN VSP 4900 Premier License VSP 4900 Premier Software I' -I -IC -P Feature License for I Warranty Chassis VX -9000- WiNG I-ICI-,".NSEVX9000 1024X LICE".NSEVX9000 Software ADP -1024 Wireless ADAP'rIVE AP 1024X ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 16X LICE".NSEVX9000 16X Software ADP -16 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 256X LICE".NSEVX9000 256X Software ADP -256 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 512X LICE".NSEVX9000 512X Software ADP -512 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 64X LICE".NSEVX9000 64X Software ADP -64 Wireless ADAP'rIVE AP ADAP'rFVE AP Warranty VX -9000- WING I-ICI-,".NSEVX9000 LICE".NSEVX9000 Software APPLNC- Wireless APPLIANCE APPLIANCE Warranty LIC VX9- WiNG VX9000 Io sicifrr PERP VX9000 Io sicifrr Software Nsiciurr-i Wireless LIC FOR I AP PERPE'r(JAL LICE"NSE Warranty FOR I AP VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr- Wireless LIC FOR 1024 APS PERPE'r(JAL LICE"NSE Warranty 1024 FOR 1024 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr-16 Wireless LIC FOR 16 APS PERPE'r(JAL LICE"NSE Warranty FOR 16 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr- Wireless LIC FOR 2048 APS PERPE'r(JAL LICE"NSE Warranty 2048 FOR 2048 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr- Wireless LIC FOR 256 APS PERPE'r(JAL LICE"NSE Warranty 256 FOR 256 APS VX9- WING VX9000 Nsicifrr PERP VX9000 Nsicifrr Software Nsiciurr-64 Wireless LIC FOR 64 APS PERPE'r(JAL LICE"NSE Warranty FOR 64 APS Attachment D Page 371 of 471 Page 652 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAB910001 FAN WLAN 9100 WALL WI -AN 9100 WALL I Year 06/30/ -E6 MO(JN'rING BRACKE'r MO[JN'rING BRACKE'r Warranty 2023 FOR 9122 9123 9132 9133 APs WAB910004 FAN ENCLOSURE 12X12X6 POLY ENCLOSURE I Year 04/08/ -E6 IA'rCH LOCK 12X12X6 I-A'rCH LOCK Warranty 2023 4 WAB910005 FAN ENCLOSURE 14X12X6 POLY ENCLOSURE I Year 04/08/ -E6 KEY LOCK 14X12X6 KEY LOCK 4 Warranty 2023 N WAP913200 FAN WAP 9132 n/ac 2X2 ROO WI -AN AP 9132 Limited 06/30/ -E6 US CANADA INDOOR n/ac 2X2 ROO Lifetime 2023 US () CANADA Warranty Wing WAP913201 FAN WAP 9132 N/AC 2X2 RO I WI -AN AP 9132 Limited 06/30/ -E6 'rAIWAN INDOOR N/AC 2X2 ROI Lifetime 2023 'rAIWAN Warranty Wing WAP913202 FAN WAP 9132 N/AC 2X2 R02 WI -AN AP 9132 Limited 06/30/ -E6 MEXICO INDOOR N/AC 2X2 R02 Lifetime 2023 MEXICO Warranty Wing WAP913203 FAN WAP 9132 N/AC 2X2 R03 WI -AN AP 9132 Limited 06/30/ -E6 COLUMBIA INDOOR N/AC 2X2 R03 Lifetime 2023 COI-IJM131A Warranty Wing WAP913204 FAN WAP 9132 N/AC 2X2 R04 WI -AN AP 9132 Limited 06/30/ -E6 SAUDI ARABIA INDOOR N/AC 2X2 R04 Lifetime 2023 SAUDI ARABIA Warranty Wing WAP913205 FAN WAP 9132 N/AC 2X2 R05 WI -AN AP 9132 Limited 06/30/ -E6 CHINA INDOOR N/AC 2X2 R05 Lifetime 2023 CHINA Warranty Wing WAP913206 FAN WAP 9132 n/ac 2X2 R06 WI -AN AP 9132 Limited 06/30/ -E6 EU EF'rA INDOOR n/ac 2X2 R06 Lifetime 2023 EU i-,".F,,rA Warranty Wing WAP913207 FAN WAP 9132 N/AC 2X2 R07 WI -AN AP 9132 Limited 06/30/ -E6 ISRAEL INDOOR N/AC 2X2 R07 Lifetime 2023 ISRAEL Warranty Wing WAP913208 FAN WAP 9132 N/AC 2X2 R08 WI -AN AP 9132 Limited 06/30/ -E6 A(Js,rRAI IA INDOOR N/AC 2X2 R08 Lifetime 2023 A(Js,rRAI,IA Warranty Wing Attachment D Page 372 of 471 Page 653 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913209 EAN WAP 9132 N/AC 2X2 R09 WI -AN AP 9132 Limited 06/30/ -E6 (JAE INDOOR 2X2 I IAC R09 Lifetime 2023 (JAE Warranty Wing WAP913210 EAN WAP 9132 N/AC 2X2 RIO WI -AN AP 9132 Limited 06/30/ -E6 sourl-I KOREA INDOOR N/AC 2X2 RIO Lifetime 2023 sourl-I KOREA Warranty Wing WAP913211 EAN WAP 9132 N/AC 2X2 RI I WI -AN AP 9132 Limited 06/30/ -E6 INDIA INDOOR N/AC 2X2 RI I Lifetime 2023 INDIA Warranty Wing WAP913212 EAN WAP 9132 n/ac 2X2 R12 WI -AN AP 9132 Limited 06/30/ -E6 JORDAN INDOOR n/ac 2X2 R12 Lifetime 2023 JORDAN Warranty Wing WAP913213 EAN WAP 9132 N/AC 2X2 R13 WI -AN AP 9132 Limited 06/30/ -E6 NEW ZEALAND INDOOR N/AC 2X2 R13 Lifetime 2023 NEW ZEALAND Warranty Wing WAP913214 EAN WAP 9132 N/AC 2X2 R14 WI -AN AP 9132 Limited 06/30/ -E6 'rHAILAND INDOOR N/AC 2X2 R14 Lifetime 2023 'rHAILAND Warranty Wing WAP913215 EAN WAP 9132n/ac2X2 R15 WI -AN AP 9132 Limited 06/30/ -E6 JAPAN INDOOR n/ac 2X2 RI 5 Lifetime 2023 JAPAN Warranty Wing WAP913216 EAN WAP 9132 n/ac 2X2 R16 WI -AN AP 9132 Limited 06/30/ -E6 DOMINICAN REP. INDOOR n/ac 2X2 R16 Lifetime 2023 DOMINICAN RE, P. Warranty Wing WAP913217 EAN WAP 9132 n/ac 2X2 R17 WI -AN AP 9132 Limited 06/30/ -E6 BA14AMAS INDOOR n/ac 2X2 R17 Lifetime 2023 BA14AMAS Warranty Wing WAP913218 EAN WAP 9132 N/AC 2X2 R18 WI -AN AP 9132 Limited 06/30/ -E6 QA-rAR INDOOR N/AC 2X2 RI 8 Lifetime 2023 QA-rAR Warranty Wing WAP913219 EAN WAP 9132 n/ac 2X2 R19 WI -AN AP 9132 Limited 06/30/ -E6 INDONESIA INDOOR n/ac 2X2 R19 Lifetime 2023 INDONESIA Warranty Wing Attachment D Page 373 of 471 Page 654 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913220 EAN WAP 9132 n/ac 2X2 R20 WI -AN AP 9132 Limited 06/30/ -E6 EGYp'r INDOOR n/ac 2X2 R20 Lifetime 2023 EGYP'r Warranty Wing WAP913221 EAN WAP 9132 n/ac 2X2 R21 WI -AN AP 9132 Limited 06/30/ -E6 BA14RAIN INDOOR n/ac 2X2 R21 Lifetime 2023 BA14RAIN Warranty Wing WAP913222 EAN WAP 9132 n/ac 2X2 R22 WI -AN AP 9132 Limited 06/30/ -E6 LE"BANON INDOOR n/ac 2X2 R22 Lifetime 2023 LEBANON Warranty Wing WAP913225 EAN WAP 9132 NAC 2X2 R25 WI -AN AP 9132 Limited 06/30/ -E6 CHILE INDOOR NAC 2X2 R25 Lifetime 2023 CHILE Warranty Wing WAP913226 EAN WAP 9132 NAC 2X2 R26 WI -AN AP 9132 Limited 06/30/ -E6 14ONG KONG INDOOR NAC 2X2 R26 Lifetime 2023 HONG KONG Warranty Wing WAP913227 EAN WAP 9132 NAC 2X2 R27 WI -AN AP 9132 Limited 06/30/ -E6 PERIJ INDOOR NAC 2X2 R27 Lifetime 2023 PIS RIJ Warranty Wing WAP913228 EAN WAP 9132 NAC 2X2 R28 WI -AN AP 9132 Limited 06/30/ -E6 Vl-,".NEZIJEI-A INDOOR NAC 2X2 R28 Lifetime 2023 Vl-,".N-A Warranty Wing WAP913229 EAN WAP 9132 NAC 2X2 R29 WI -AN AP 9132 Limited 06/30/ -E6 AI GE".VrINA INDOOR NAC 2X2 R29 Lifetime 2023 ARGE".N'rINA Warranty Wing WAP913230 EAN WAP 9132 N/AC2X2 R30 WI -AN AP 9132 Limited 06/30/ -E6 BRAZIL INDOOR NAC 2X2 R30 Lifetime 2023 BRAZIL Warranty Wing WAP913231 EAN WAP 9132 n/ac 2X2 R31 WI -AN AP 9132 Limited 06/30/ -E6 BRUNEI INDOOR n/ac 2X2 R31 Lifetime 2023 BRUNEI Warranty Wing WAP913232 EAN WAP 9132 NAC 2X2 R32 WI -AN AP 9132 Limited 06/30/ -E6 K(JWAI'r INDOOR NAC 2X2 R32 Lifetime 2023 K(JWAI'r Warranty Wing Attachment D Page 374 of 471 Page 655 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913233 EAN WAP 9132 N/AC 2X2 R33 WI -AN AP 9132 Limited 06/30/ -E6 MALAYSIA INDOOR N/AC 2X2 R33 Lifetime 2023 MALAYSIA Warranty Wing WAP913234 EAN WAP 9132 N/AC 2X2 R34 WI -AN AP 9132 Limited 06/30/ -E6 OMAN INDOOR N/AC 2X2 R34 Lifetime 2023 OMAN Warranty Wing WAP913235 EAN WAP 9132 N/AC 2X2 R35 WI -AN 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 WI -AN AP 9132 Limited 06/30/ -E6 SINGAPORE, INDOOR n/ac 2X2 R36 Lifetime 2023 SINGAPORE Warranty Wing WAP913237 EAN WAP 9132 N/AC 2X2 R37 WI -AN AP 9132 Limited 06/30/ -E6 sourl-I AFRICA INDOOR N/AC 2X2 R37 Lifetime 2023 sourl-I AFRICA Warranty Wing WAP913238 EAN WAP 9132 n/ac 2X2 R38 WI -AN AP 9132 Limited 06/30/ -E6 'rRINIDAD INDOOR n/ac 2X2 R38 Lifetime 2023 'rRINIDAD Warranty Wing WAP913239 EAN WAP 9132 N/AC 2X2 R39 WI -AN AP 9132 Limited 06/30/ -E6 'r(JRKEY INDOOR N/AC 2X2 R39 Lifetime 2023 'r(JRKEY Warranty Wing WAP913240 EAN WAP 9132 N/AC 2X2 R40 WI -AN AP 9132 Limited 06/30/ -E6 RUSSIA INDOOR N/AC 2X2 R40 Lifetime 2023 RUSSIA Warranty Wing WAP913241 EAN WAP 9132 n/ac2X2 R41 WI -AN 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 WI -AN AP 9132 Limited 06/30/ -E6 VIE'rNAM INDOOR n/ac 2X2 R43 Lifetime 2023 VIETNAM Warranty Wing WAP913246 EAN WAP 9132 n/ac 2X2 R46 WI -AN AP 9132 Limited 06/30/ -E6 MOROCCO INDOOR n/ac 2X2 R46 Lifetime 2023 MOROCCO Warranty Wing Attachment D Page 375 of 471 Page 656 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913247 FAN WAP 9132 n/ac 2X2 R47 WI -AN AP 9132 Limited 06/30/ -E6 Kl-,".NYA INDOOR n/ac 2X2 R47 Lifetime 2023 KI- Ion YA Warranty Wing WAP913248 FAN WAP 9132 n/ac 2X2 R48 WI -AN AP 9132 Limited 06/30/ -E6 AICll-,".RIA INDOOR n/ac 2X2 R48 Lifetime 2023 AI,Cll-,".RIA Warranty Wing WAP913249 FAN WAP 9132 n/ac 2X2 R49 WI -AN AP 9132 Limited 06/30/ -E6 NICII-,".RIA INDOOR n/ac 2X2 R49 Lifetime 2023 NIGl-,­RIA Warranty Wing WAP913250 FAN WAP 9132 n/ac 2X2 R50 WI -AN AP 9132 Limited 06/30/ -E6 GHANA INDOOR n/ac 2X2 R50 Lifetime 2023 GHANA Warranty Wing WAP914400 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 ROO US CANADA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 ROO Warranty US CANADA Wing WAP914400 FAN WAP9144 WAVE 2 ROO WI -AN AP 9144 Limited 06/30/ -E6ED ITS CAN (ED(JC) RE, s,rRlc,rED CODE Lifetime 2023 No'r AVAILABLE FOR Warranty Cll-,".NERAI- ORDERS Wing WAP914401 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 ROl'rAIWAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 ROI Warranty 'rAIWAN Wing WAP914402 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R02 MEXICO INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R02 Warranty MEXICO Wing WAP914403 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R03 COLUMBIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R03 Warranty COI-IJM131A Wing WAP914404 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R04 SAUDI ARABIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R04 Warranty SAUDI ARABIA Wing WAP914405 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R05 CHINA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R05 Warranty I CHINA Wing WAP914406 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R06 EU i-,".F,,rA � INDOOR WAVE 2 Lifetime 2023 Attachment D Page 376 of 471 Page 657 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 377 of 471 Page 658 of 1174 DUAL RADIO 4X4 R06 Warranty EIJ EF,'rA Wing WAP914407 EAN WAP9144 WAVE 2 4x4 WI -AN 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 WI -AN AP 9144 Limited 06/30/ -E6 R08 A(Js,rRAI IA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R08 Warranty A(Js,rRAI,IA Wing WAP914409 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R09 (JAE INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R09 Warranty (JAE Wing WAP914410 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 RIO sourl-I KOREA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 RIO Warranty sourl-I KOREA Wing WAP914411 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 RI I INDIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 RI I Warranty INDIA Wing WAP914412 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R12 JORDON INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R12 Warranty JORDON Wing WAP914413 EAN WAP9144 WAVE 2 4x4 WI -AN 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 WI -AN AP 9144 Limited 06/30/ -E6 R14'rHAILAND INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R14 Warranty 'rHAILAND Wing WAP914415 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R 15 JAPAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R15 Warranty JAPAN Wing WAP914416 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R16 DOMINICAN RE, P. INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R16 Warranty DOMINICAN RE, P. Wing WAP914417 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R17 BA14AMAS INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R17 Warranty BA14AMAS Wing Attachment D Page 377 of 471 Page 658 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP914418 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R 18 QA-rAR INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R18 Warranty QA-rAR Wing WAP914419 EAN WAP9144 WAVE 2 4x4 WI -AN 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 WI -AN AP 9144 Limited 06/30/ -E6 R20 EGYPT INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R20 Warranty EGYP'r Wing WAP914421 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R21 BA14RAIN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R21 Warranty BA14RAIN Wing WAP914422 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R22 1-1-,".13ANON INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R22 Warranty LEBANON Wing WAP914425 EAN WAP9144 WAVE 2 4x4 WI -AN 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 WI -AN AP 9144 Limited 06/30/ -E6 R26 HONG KONG INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R26 Warranty HONG KONG Wing WAP914427 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R27 PERI) INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R27 Warranty PERIJ Wing WAP914428 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R28 VENEZUELA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R28 Warranty VENEZUELA Wing WAP914429 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R29 ARGl-,".N'rINA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R29 Warranty ARGl-,".N'rINA Wing WAP914430 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R30 BRAZI I. INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R30 Warranty I BRAZIL Wing WAP914431 EAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R31 BRUNEI � INDOOR WAVE 2 Lifetime 2023 Attachment D Page 378 of 471 Page 659 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 379 of 471 Page 660 of 1174 DUAL RADIO 4X4 R31 Warranty BRUNEI in WAP914432 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R32 K(JWAI'r INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R32 Warranty K(JWAI'r Wing WAP914433 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R33 MALAYSIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R33 Warranty MALAYSIA Wing WAP914434 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R34 OMAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R34 Warranty OMAN Wing WAP914435 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R35 PHILIPPINES INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R35 Warranty PHILIPPINES Wing WAP914436 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R36 SINGAPORE, INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R36 Warranty SINGAPORE Wing WAP914437 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R37 sourl-I AFRICA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R37 Warranty sourl-I AFRICA Wing WAP914438 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R38'rRINIDAD INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R38 Warranty 'rRINIDAD Wing WAP914439 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R39'r(JRKEY INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R39 Warranty 'r(JRKEY Wing WAP914440 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R40 RUSSIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R40 Warranty RUSSIA Wing WAP914441 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R41 MACAU INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R41 Warranty MACAU Wing WAP914443 FAN AP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R43 VIE'rNAM INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R43 Warranty VIETNAM Wing Attachment D Page 379 of 471 Page 660 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP914446 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R46 MOROCCO INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R46 Warranty MOROCCO Wing WAP914447 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R47 ISI-,".NYA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R47 Warranty Kl-,".NYA Wing WAP914448 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R48 AI-Gl-,­RIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R48 Warranty AI,Cll-,".RIA Wing WAP914449 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R49 NIGl-,­RIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R49 Warranty NIGl-,­RIA Wing WAP914450 FAN WAP9144 WAVE 2 4x4 WI -AN AP 9144 Limited 06/30/ -E6 R50 GHANA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R50 Warranty GHANA Wing WI-CO002N FAN WI -AN 9100 2 AP I IN TO WI -AN 9100 LICIH.NSE Software 06/30/ AC I IAC LIC NIJ UPGRADE FOR 2 AP Warranty 2023 1 IN to I IAC LIC NIJ WI-CO005A FAN WI -AN 9100 APP WI -AN 9100 Software 06/30/ PP CON'rROI- 5 AP LIC NIJ APPLICA'riON Warranty 2023 CON'rROI- LICIH.NCE SW UPGRADE 5 AP LIC NIJ WI-COOION FAN WI -AN 9100 10 AP I IN to WI -AN 9100 LICIH.NSE Software 06/30/ AC I IAC LIC NIJ UPGRADE FOR 10 AP Warranty 2023 1 IN to I IAC LIC NIJ WI-CO020A FAN WI -AN 9100 APP WI -AN 9100 Software 06/30/ PP CON'rROI- 20 AP LIC NIJ APPLICA'rION Warranty 2023 CON'rROI- LICIH.NCE SW UPGRADE 20 AP LIC NIJ WI-CO05ON FAN WI -AN 9100 50 AP I IN to WI -AN 9100 LICIH.NSE Software 06/30/ AC I IAC LIC NIJ UPGRADE FOR 50 AP Warranty 2023 1 IN to I IAC LIC NIJ WI-CO05OW FAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 50 AP LIC NIJ ORCuiFs'rRA'riON SYS Warranty 2023 LIC FOR 50 AP REQ. BASE SW LIC NIJ WI -00100W FAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 100 AP LIC NIJ ORCuiFs'rRA'riON SYS Warranty 2023 Attachment D Page 380 of 471 Page 661 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 381 of 471 Page 662 of 1174 LIC FOR 100 AP REQ. BASE SW LIC NIJ WI-CO200A IRAN WI -AN 9100 APP WI -AN 9100 Software 06/30/ PP CON'rROI- 200 AP LIC APPLICA'riON Warranty 2023 NIJ CON'rROI- LICIH.NCE SW UPGRADE 200 AP LIC NIJ WI-CO50OW IRAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 500 AP LIC NIJ ORCuiFs'rRA'riON SYS Warranty 2023 LIC FOR 500 AP REQ. BASE SW LIC NIJ WI-C1000W IRAN WLAN 9100 ORCH SYS WI -AN 9100 Software 06/30/ OS 1000 AP LIC NIJ ORCuiFs'rRA'riON SYS Warranty 2023 LIC FOR 1000 AP REQ. BASE SW LICNIJ WOS9100E IRAN WI -AN 9100 ORCH WI -AN 9100 Software 06/30/ sys,ri-,"m LIC NIJ ORCuiFs'rRA'rION Warranty 2023 sys,ri-,"m SW ONLY RE, Q AP LIC NIJ WPR9100AI IRAN WI -AN 9100 POE WI -AN 9100 POE Limited 06/30/ -E6 INJEC'rOR NO PC INJEC'rOR FOR 912X Lifetime 2023 913X AP NO POWER Warranty CORD Wing WS -Al- IdentiFi 2.4/50-1/2' 120DEG DUAL 2.4/50-1/2' 120DEG I Year 11/01/ DD05120 Wireless FD IND AN'r DUAL FD IND AN'r Warranty 2023 WS -Al- IdentiFi 2.4/50-1/2' OMNI QUAD 2.4/50-1/2' OMNI QUAD I Year 07/31/ DQ04360 Wireless FD IND AN'r FD IND AN'r Warranty 2024 WS -Al- IdentiFi 4 DBI IN It 3FEED I Year 11/01/ D'r04360 Wireless 2.4/50-1/2' Warranty 2023 Ws -ANT IdentiFi 2AGHZ INDOOR DIPOLE 2AGHZ INDOOR I Year 11/01/ 2DIP-2 Wireless AN'r DIPOLE AN'r Warranty 2023 Ws -ANT IdentiFi 5GHZ INDOOR DIPOLE 5GHZ INDOOR DIPOLE I Year 11/01/ 5DIP-2 Wireless AN'r AN'r Warranty 2023 WS -AO- IdentiFi ou'rDOOR 2AG DIPOLE I Year 12/31/ 2DIPN3 Wireless 3 PACK Warranty 2019 WS -AO- IdentiFi ou'FOOR 5G MIMO 9 ouroOR 5G MIMO 9 1 Year 5D23009N Wireless DEG N DEG N Warranty WS -AO- IdentiFi ou'rDOOR 5G DIPOLE 3 1 Year 12/31/ 5DIPN3 Wireless PACK Warranty 2019 WS -AO- IdentiFi ou'FOOR DUAL BAND I Year 12/31/ DS02360N3 Wireless OMNI 3 PACK Warranty 2019 1 WS -AO- IdentiFi ou'FOOR DUAL BAND ouroOR DUAL BAND I Year 12/31/ D'r05120N Wireless MIMO 120 DEG N MIMO 120 DEG N Warranty 2019 WS -AO- IdentiFi ou'rDOOR DUAL BAND ou'rDOOR DUAL I Year 12/31/ DX07025N Wireless MIMO 25 DEG N BAND MIMO 25 DEG N Warranty 2019 Attachment D Page 381 of 471 Page 662 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -AO- IdentiFi ou'rDOOR DUAL BAND ou'rDOOR DUAL I Year 12/31/ DX07180N Wireless MIMO 180 DEG N BAND MIMO 180 DEG Warranty 2019 N WS -AO- IdentiFi ou'rDOOR DUAL BAND I Year 12/31/ DX10055N Wireless MIMO 55 DEG N Warranty 2019 WS -AO- IdentiFi ourOOR DUAL BAND I Year 12/31/ DX13025N Wireless MIMO 25 DEG N Warranty 2019 1 WS-AP37051 IdentiFi DUAL BAND 2X2X2 DUAL BAND 2X2X2 Limited 12/31/ Wireless MIMO INDOOR I IABGN MIMO INDOOR Lifetime 2020 AP I IABGN AP Warranty with express Advanced Hardware Replacern ent-2 Ws- IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Lifetime 07/31/ AP3710E Wireless MIMO EX'rERNAI, MIMO EX'rERNAI- Warranty - 2020 AN'ri-,".NNA AN'ri-,".NNA NBD Ship for Indoor APs WS-AP37101 IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Lifetime 07/31/ Wireless MIMO IN'rEGRA'rED MIMO IN'rEGRA'rED Warranty - 2020 AN'ri-,".NNA AN'ri-,".NNA NBD Ship for Indoor APs Ws- IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Limited 12/31/ AP3715E Wireless MIMO EX'r AN'ri-,".NNA 2 MIMO EX'r AN'ri-,".NNA Lifetime 2020 ENE'r 2 ENE'r Warranty with express Advanced Hardware Replacern ent-2 WS-AP37151 IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Limited 12/31/ Wireless MIMO IN'r AN'ri-,".NNA 2 MIMO IN'r AN'ri-,".NNA 2 Lifetime 2020 ENE'r ENE'r Warranty with express Advanced Hardware Replacern ent-2 Attachment D Page 382 of 471 Page 663 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Ws- IdentiFi DUALBAND 3X3X3 DUALBAND 3X3X3 I Year 07/31/ AP3765E Wireless ou'rDOOR I IAGN EX'r ou'rDOOR I IAGN EX'r Warranty - 2020 AN'r AN'r Stand Alone Outdoor APs WS-AP37651 IdentiFi DUALBAND 3X3X3 DUALBAND 3X3X3 I Year 07/31/ Wireless ou'rDOOR I IAGN IN'r ou'rDOOR I IAGN IN'r Warranty - 2020 AN'r AN'r Stand Alone Outdoor APs Ws- IdentiFi DUAL BAND 3X3X3 I Year 07/31/ AP3767E Wireless Our SIP I IAGN IN'r Warranty - 2020 AN'r Stand Alone Outdoor APs WS-AP38011 IdentiFi AP38011 AP38011 Limited 06/30/ Wireless DUALBANDSINGLE DUALBANDSINGLE Lifetime 2023 RADIO I lAC/BGN RADIO I lAC/BGN Warranty with express Advanced Hardware Replacern ent-2 Ws- IdentiFi AP3805E I IAC DUAL Dual Radio 802.1 lac/abgn Limited 06/30/ AP3805E Wireless RADIO EX'r AN'r 2x22 MIMO (on 50-12) 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 Replacern (antennas wall bracket or ent-2 protruded drop ceiling bracket must be ordered separately) WS-AP38051 IdentiFi AP38051 I IAC DUAL Dual Radio 802.1 lac/abgn Limited 06/30/ Wireless RADIO IN'r AN'r 2x22 MIMO (on 50-12) 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 664 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 384 of 471 Page 665 of 1174 protruded drop ceiling Replacern bracket must be ordered ent-2 separately) Ws- IdentiFi DUAL RADIO I IAC 3X33 DUAL RADIO I IAC Limited 06/30/ AP3825E Wireless MIMO EX'r AN'r 2 F",N 3X33 MIMO EX'r AN'r 2 Lifetime 2023 F",N Warranty with express Advanced Hardware Replacern ent-2 WS-AP38251 IdentiFi DUAL RADIO IIAC 3X33 D(JAI-RADIO 11AC Limited 06/30/ Wireless MIMO IN'r AN'r 2 F",N 3X33 MIMO IN'r AN'r 2 Lifetime 2023 F",N Warranty with express Advanced Hardware Replacern ent-2 Ws- IdentiFi DUAL RADIO DUAL RADIO I Year 12/31/ AP3865E Wireless 802.1 IAC/GN ou'rDOOR 802.1 IAC/GN Warranty - 2023 EX'r AN'r ou'rDOOR EX'r AN'r 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 (05210) UPGRADE (05210) Warranty WS-APCAP- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 100XFR Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE 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 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS-APCAP- IdentiFi ONE AP CAPACITY ONE AP CAPACITY Software 1X BIZ Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS-APCAP- IdentiFi 25 AP CAPACITY 25 AP CAPACITY Software 25 Wireless UPGRADE (05210) UPGRADE (05210) Warranty WS-APCAP- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 25XFR Wireless 'rRANSFER LICF".NSE 'rRANSFER LICF".NSE Warranty WS -BASE- IdentiFi 802.1 lac Wired Wireless 802.1 lac Wireles Wired I Year 04/01/ DEM038 Wireless Security Bundle Security Demo bundle Warranty 2022 Attachment D Page 384 of 471 Page 665 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 385 of 471 Page 666 of 1174 with AP3825 access point DSeries PoE switch RADAR license Ws- IdentiFi C20/C20N WI -AN uri- 16 C20/C20N WI -AN url- No 12/31/ C20XCAPI1 Wireless APS CAPACI'ry [JPG 16 APS CAPACI'ry [JPG Warranty 2020 P16 WS -C25 IdentiFi C25 WIANC25 WIANLifetime 12/31/ Wireless CON'rROLLER CON'rROLLER Warranty - 2020 R'rF 15 Day Ship WS -05210 IdentiFi 05210 WI -AN 05210 WI -AN I Year 03/31/ Wireless CON'rROLLER CON'rROLLER Warranty 2023 WS -CAB- IdentiFi 6DB LOSS 6DB LOSS I Year 06DBA'rN Wireless A'r'ri-,".N(JA'rOR A'r'ri-,".N(JA'rOR Warranty WS -CAB- IdentiFi IODB LOSS IODB LOSS I Year 10DBA'rN Wireless A'r'ri-,".N(JA'rOR A'r'ri-,".N(JA'rOR Warranty WS -CAB- IdentiFi IODBI A'r'rT".N(JA'rOR IODBI A'r'rT".N(JA'rOR I Year IODBA'rN- Wireless wim N'rYPE wim N'rYPE Warranty SN CONNEC'rOR CONNEC'rOR Ws- IdentiFi INDOOR RSMA 10 F'r INDOOR [Z -SMA 10 F'r I Year CAB240- Wireless CABLE CABLE Warranty PIORP Ws- IdentiFi INDOOR RSMA 25 F'r INDOOR [Z -SMA 25 F'r I Year CAB240- Wireless CABLE CABLE Warranty P25RP WS -CAB- IdentiFi 6DB A'r'rT".N(JA'rOR 6DB A'r'rT".N(JA'rOR I Year 6DBA'rN- Wireless wim N'rYPE wim N'rYPE Warranty SN CONNEC'rORS CONNEC'rORS WS -CAB- IdentiFi I-MR200 20 F'r N LMR200 20 F'r N I Year 1-20OC20N Wireless Warranty WS -CAB- IdentiFi I-MR400 6' N LMR400 6' N I Year 1-400006N Wireless Warranty WS -CAB- IdentiFi I-MR400 20 F'r N LMR400 20 F'r N I Year 1-40OC20N Wireless Warranty WS -CAB- IdentiFi I-MR400 50 F'r N LMR400 50 F'r N I Year 1-400050N Wireless Warranty WS -CAB- IdentiFi I-MR400 75 F'r N LMR400 75 F'r N I Year 1-40OC75N Wireless Warranty WS -CAB- IdentiFi I-MR600 25 F'r N LMR600 25 F'r N I Year 1-60OC25N Wireless Warranty WS -CAB- IdentiFi I-MR600 50 F'r N LMR600 50 F'r N I Year 1-600050N Wireless Warranty WS -CAB- IdentiFi CABLE I F'r I-MR400 CABLE, I Fr I-MR400, I Year NP-RPNJ Wireless 'rypi-,".N PIAJG'ro RPNJ 'TYPE -N P[-(JG'rO RPNJ Warranty Attachment D Page 385 of 471 Page 666 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -CAB- IdentiFi CABLE I F'r I-MR400 CABLE, I FT I-MR400, I Year NP-RPNP Wireless rypi-,".N PIAJG'ro RPNP 'rYPE-N PI-IJG,ro Warranty RPNP WS -CAB- IdentiFi NTYPE PORT N -TYPE PORT I Year N'rERM Wireless 'rERMINA'rOR 'rERMINA'rOR Warranty WS -CAB- IdentiFi RN JACK TO N JACK RN JACK TO N JACK I Year P10RJNJ Wireless EX,ri-,".NDER EX,ri-,".NDER Warranty WS -CAB- IdentiFi RN PUJGTON PIAJG RN PIAJGTO N PIAJG I Year PIORPNP Wireless EX,ri-,".NDER EX,ri-,".NDER Warranty Ws- IdentiFi WI -AN CONTROLLER 25 WI -AN CONTROLLER Software c,r[-CAP[JP Wireless APS CAPACI'ry [JPG 25 APS CAPACI'ry [JPG Warranty 25 wsc,r[-CAP IdentiFi 25 AP CAPACITY 25 AP CAPACITY Software IJP25XFR Wireless 'rRANSFER LICIH.NSE 'rRANSFER LICIH.NSE Warranty WS -MB- IdentiFi OPTIONAL BRACKET No 11/01/ A105120 Wireless FOR INDOOR 120 DEG Warranty 2023 AN'r Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -1 Wireless RADAR ON ONE AP RADAR ON ONE AP Warranty Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -100 Wireless RADAR ON 100 APS RADAR ON 100 APS Warranty Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty 100XFR 'rRANSFER Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -16 Wireless RADAR ON 16 APS RADAR ON 16 APS Warranty Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty 16XFR 'rRANSFER Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty IXFR 'rRANSFER Ws- IdentiFi LICIH.NSE'ro 1H.NABLE LICIH.NSE'ro 1H.NABLE Software RADAR -25 Wireless RADAR ON 25 APS RADAR ON 25 APS Warranty Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless I-ICI-,".NSE,rRANSFER CAPACI'ry LICIH.NSE Warranty 25XFR 'rRANSFER WS-REG9P- IdentiFi V9 RE,G DOMAIN KEY V9 RE,G DOMAIN KEY No 03/31/ JP Wireless JAPAN JAPAN Warranty 2020 WS-REG9P- IdentiFi V9 RE,G DOMAIN KEY V9 ItI;C1 DOMAIN KEY Software 03/31/ NAM Wireless FCC FCC Warranty 2020 WS-REG9P- IdentiFi V9 RE,G DOMAIN KEY V9 RE,G DOMAIN KEY No 03/31/ ROW Wireless ROW ROW Warranty 2020 WS -V2110- IdentiFi V2110 VI RT (JAI, GW IL V2110 VI RTUAL GW IL Software 12/31/ 8-11- Wireless Warranty 2020 Attachment D Page 386 of 471 Page 667 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -V2110- IdentiFi V2110 VI RT (JAI, GW JP V2110 VI RT (JAI, GW JP Software 12/31/ 8 -JP Wireless Warranty 2020 WS -V2110- IdentiFi V2110 VI RT (JAI, GW V2110 VIRTUAL GW Software 12/31/ 8 -NAM Wireless NAM NAM Warranty 2020 WS -V2110- IdentiFi V2110 VI RT (JAI, GW V2110 VIRTUAL GW Software 12/31/ 8 -ROW Wireless ROW ROW Warranty 2020 1 WS -V2110- IdentiFi V2110 V9 VI RT UAL V2110 V9 VI RTIJAI- Software 03/31/ 9-11- Wireless APPLIANCE FOR APPLIANCE FOR Warranty 2020 ISRAEL ISRAEL WS -V2110- IdentiFi V2110 V9 VI RT UAL V2110 V9 VI RTIJAI- 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 REGIJI-A'rORY FCC REGIJI-A'rORY Warranty 2020 DOMAIN DOMAIN WS -V2110- IdentiFi V2110 V9 VIRT APPL V2110 V9 VIRT APPL Software 03/31/ 9 -ROW Wireless ROW RE, GIJI-A'rORY ROW RE, GIJI-A'rORY Warranty 2020 DOMAIN DOMAIN X465- Smart X465241 J24W with ExtremeSwitching Limited 24M(J-24W- OmniEdge 1100W PSIJ Bundle X465241 IJ24W Bundle Lifetime 131 Switching includes X465241t4IJ24W Warranty and one 1100W AC PSIJ with FB (10941) express Advanced Hardware Replacern ent X465- Smart X46524MIJ24W with ExtremeSwitching Limited 241 (J -24W- OmniEdge 200OW PSIJ Bundle X465241 IJ24W Bundle Lifetime B2 Switching includes X465241t4IJ24W Warranty and one 200OW AC PSIJ with FB (XNACPWR2000WF) express Advanced Hardware Replacern ent X465- Smart X46524MIJ with I I OOW ExtremeSwitching Limited 241 IJ -131 OmniEdge PSIJ Bundle X465241t4IJ Bundle Lifetime Switching includes X465241t4IJ and Warranty one 1100 AC PSIJ FB with (10941) express Advanced Hardware Replacern ent Attachment D Page 387 of 471 Page 668 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X465- Smart X46524MIJ with 200OW ExtremeSwitching Limited 24M(J-B2 OmniEdge PSIJ Bundle X465241t4IJ Bundle Lifetime Switching includes X465241t4IJ and Warranty one 200OW AC PSIJ FB with (XNACPWR200OWF) express Advanced Hardware Replacem ent X465 -24W- Smart X46524W with I IOOW ExtremeSwitching Limited BI OmniEdge PSIJ Bundle X46524W Bundle Lifetime Switching includes X46524W and Warranty one I IOOW AC PSIJ FB with (10941) express Advanced Hardware Replacem ent X465 -24W- Smart X46524W with 200OW ExtremeSwitching Limited 132 OmniEdge PSIJ Bundle X46524W Bundle Lifetime Switching includes X46524W and Warranty one 200OW AC PSIJ FB with (XNACPWR200OWF) express Advanced Hardware Replacem ent X465 -48P- Smart X46548P with I IOOW PSIJ ExtremeSwitching Limited BI OmniEdge Bundle X46548P Bundle includes Lifetime Switching X46548P and one I IOOW Warranty AC PSIJ FB (10941) with express Advanced Hardware Replacem ent X465 -48'r- Smart X46548'r with 350W PSIJ ExtremeSwitching Limited B3 OmniEdge Bundle X46548'r Bundle includes Lifetime Switching X46548'r and one 350W Warranty AC PSIJ FB (10953) with express Advanced Hardware Replacem ent Attachment D Page 388 of 471 Page 669 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X465 -48W- Smart X46548W with I I OOW ExtremeSwitching Limited BI OmniEdge PSIJ Bundle X46548W Bundle Lifetime Switching includes X46548W and Warranty one 1100W AC PSIJ FB with (10941) express Advanced Hardware Replacem ent X465 -48W- Smart X46548W with 200OW ExtremeSwitching Limited B2 OmniEdge PSIJ Bundle X46548W Bundle Lifetime Switching includes X46548W and Warranty one 200OW AC PSIJ FB with (XNACPWR2000WF) express Advanced Hardware Replacem ent X 1144 FAN ExtremeAccess Platform ExtremeAccess Platform I Year 1440 1440 hardware appliance Warranty with 6 10/100/1000Mbps Base'r ports and 2 I/IOGb SFP+ ports includes Fan and I 12V external power adapter. Power Cord to be ordered separately X 1148 FAN ExtremeAccess Platform ExtremeAccess Platform I Year 1480 1480 hardware appliance Warranty with 6 10/100/1000Mbps Base'r ports and 2 I/IOGb SFP+ ports includes Fan and I 12V external power adapter. Power Cord to be ordered separately X13 R- SRA FRIJ 1100W DCPSNON F It IJ I I OOW DC Power I Year I I OOWPS DC POR'rsIDE EXI-IA(Js,r Supply for Warranty -01-F VDX6940144S with Non Port side exhaust airflow X13 R- SRA FRIJ 1100W F It IJ I I OOW DC Power I Year I I OOWPS DC DCPSPOR'rsIDE Supply for Warranty -01-R EXI-IA(Js,r VDX6940144S with Port side exhaust airflow X13 R- SRA FRIJ 250W DCPS/FAN DC Power supply(with I Year 250WPSDC- integrated fans) for Warranty F VDX6740DCF Attachment D Page 389 of 471 Page 670 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FRIJ 250W DCPS/FAN DC Power supply(with I Year 250WPSDC- integrated fans) for Warranty R VDX6740DCR X13 R- SRA SI.X FIXED FAN AC SLX Fixed FAN Front to I Year 3250CFM- POR'rsIDE IN'rAKE Back airflow Warranty FAN -F X13 R- SRA SI.X FIXED FAN AC SLX Fixed FAN Back to I Year 3250CFM- POR'rsIDE EXI-IA(Js,r Front airflow Warranty F; AN -It XBR- SRA FRIJ 50OW ACPS FRIJ 50OW AC Power No 500WPSAC- Supply with Non Port side Warranty 01-F exhaust airflow for VDX674o,r XBR- SRA FRIJ 50OW ACPS FRIJ 50OW AC Power No 500WPSAC- Supply with Port side Warranty 01-R exhaust airflow for VDX 674o'r XB -AC- SRA FRIJ AC FAN FRIJ AC fan assembly I Year FAN -F with Non port side Warranty Exhaust airflow for VDX674o,rF XB -AC- SRA FRIJ AC FAN FRIJ AC fan assembly I Year FAN -R with port side Exhaust Warranty airflow for VDX674o,rR X13 R- SRA FRIJ300OW AC POWER 32slot NetIron I Year ACPWR- SUPPLY MI-Xe/XMR/M[-X AC Warranty 3000 3000W power supply XBR- SRA SI.X FIXED AC 650W PS SI.X Fixed AC 650W I Year ACPWR- POR'rsIDE IN'rAKE Power Supply Front to Warranty 650-F Back airflow. Power cords not included. XBR- SRA SI.X FIXED AC 650W PS SI.X Fixed AC 650W I Year ACPWR- POR'rsIDE EXI-IA(Js,r Power Supply Back to Warranty 650-R Front airflow. Power cords not included. XBBR-BI-NK- SRA PIT BLANK 10 Blank Panel I Year FULL MOD(JI-ES/I-C forVDX87704 and Warranty VDX87708 I/O Modules XBBR-BI-NK- SRA PIT BLANK SIM/MIS Blank Panel for I Year HALF FOR 4/8 si.o,r CHASSIS VDX87704 and Warranty VDX87708 SFM and Mgmt Module Slots XBBR-BI-NK- SRA PIT BLANK PS FOR 4/8 Blank Panel for I Year PSU si-o'r CHASSIS VDX87704 and Warranty VDX87708 PSIJ Slots Attachment D Page 390 of 471 Page 671 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR-DC- SRA F RIJ CABLE HARNESS Cable harness for VDX No CB[--1-IRNS FOR VDX 69401445 DC 69401445 DC skus Warranty XBR- SRA FRIJ300OW DC POWER 32slot NetIron I Year DCPWR- SUPPLY MI-Xe/XMR/M[-X AC Warranty 3000 3000W power supply XBR- SRA SLX FIXED DC 650W PS SLX Fixed DC 650W I Year DCPWR- POR'rsIDE IN'rAKE Power Supply Front to Warranty 650-F BDCk airflow. Power cords not included. XBR- SRA SLX FIXED DC 650W PS SLX Fixed DC 650W I Year DCPWR- POR'rsIDE EXI-IA(Js,r Power Supply BDCk to Warranty 650-R Front airflow. Power cords not included. XB -FAN- SRA FRIJ FRIJ AC fan assembly I Year 40-F FAN40MMNONPOR'r with Non port sideExhaust Warranty SIDE EXI-IA(Js,r airflow for VDX694036Q XB -FAN- SRA FRIJ FAN40MMPOR'r FRIJ AC fan assembly I Year 40-R SIDE EXI-IA(Js,r with port side Warranty Exhaustairflow for VDX694036Q XB -FAN- SRA FRIJ FAN80MMNON FRIJ AC fan assembly I Year 80-01-F POR' r SIDE EXI-IA(Js,r with non port side Warranty Exhaust airflow for VDX6940144S XB -FAN- SRA FRIJ FAN80MMPOR'r FRIJ AC fan assembly I Year 80-01-R SIDE EXI-IA(Js,r with port side Exhaust Warranty airflow for VDX6940144S XB -FAN- SRA FRUFAN ASSY 4/8 si.6'r Fan FRIJ for VDX87704 I Year FRIJ CHASSIS and VDX87708 Slot Warranty Chassis XB -F SRA FRUM4 FIFTER RPi-cm,r Filter replacement for all I Year 4DS 4 Pos,rsHELF Dtjc,r VDX87704 installed with Warranty a duct shelf XBR-Fi-,rR- SRA VDX87704 FILTER Filter replacement for all I Year 4'rEI- REP LAci-,".mi-,".N'r 'rEI-CO VDX87704 mid mounted Warranty 2pos'r on a 2 Post rack XB -F SRA M8 FIFFER FRIJ Filter replacement for all I Year 8 VDX87708 rack mounts Warranty X13 R- SRA FR(JS[-X FIXED SLX Fixed Rackmount I Year R000297 RACKMOIJN'r KI'r kit. 4post mid/flush mount Warranty compatible XBR-RMK- SRA VDX87708 RK KIT VDX87708 Rack kit for I Year 4P-8 4pos'r 2731 R ,CD FLUSH Flushed or recessed mount Warranty on a 4 Post rack Attachment D Page 391 of 471 Page 672 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR-RMK- SRA VDX87704 RACK KIT 4 VDX87704 RACK KIT 4 1 Year FI --4 Pos'r 2731F LUSI=I Pos'r 2731 FLUSH Warranty XBR-RMK- SRA VDX87704 RACK KIT4 VDX87704 RACK KIT 4 1 Year FI--4DS-2 Poo, rF[-IJSH MO(JN'r Pos'r SHELF Dtjc,r Warranty 2731 FLUSH (MODIFIED FOR G1 -,-.N2 MODULES) XBR-RMK- SRA VDX87704 RACK KIT4 VDX87704 RACK KIT 4 1 Year RE-4DS-2 Pos'rRECESSED MN'r Pos'r SHELF Dtjc,r Warranty 2731 RECESSED (MODIFIED FOR G1 -,-.N2 MODULES) XBR-RMK- SRA VDX87704 RACK KIT VDX87704 RACK KIT I Year 'rEI-CO-4 'rEI-CO 2pos'r MID m,r -rEI-CO (2 Pos-r) MID Warranty FH MO(JN'r AND FLUSH XBR-RMK- SRA VDX87708 RACK KIT VDX87708 RACK KIT I Year 'rEI-CO-8 'rEI-CO 2pos'r MID m,r -rEI-CO (2pos-r) MID Warranty MO(JN'r XBR- SRA 2pos'r RACK Brocade SIX 9850 1 Year SI -X9850-4- MO(JN'rING KI'r FOR twopost rack mounting kit Warranty 2PRM-KI'r SI -X98504 for 4 slot chassis. Include telco flush and midplane mounting XBR- SRA 4pos'r RACK Brocade SIX 9850 1 Year SI -X9850-4- MO(JN'rING KI'r FOR fourpost rack mounting kit Warranty 4PRM-KI'r SI -X98504 for 4 slot chassis. Include 2731 flush and recessed mounting XBR- SRA FRUCABLE Brocade SIX 9850 Cable I Year SI -X9850-4- MANAG1-,".MF".N'r KI' r FOR Management kit for 4slot Warranty CAB SIX 98504 chassis XBR- SRA SI -X98504 FAN MODULE Brocade SIX 9850 fan I Year SI -X9850-4- module for 4slot chassis. Warranty FANM Fan module has 2 fans. XBR- SRA SI -X98504 AIR ETTER Brocade SIX 9850 air I Year SI -X9850-4- filter for 4slot chassis Warranty FurR XBR- SRA NEBS KIT FOR SI.X98504 Brocade SIX 9850 NEBS I Year SI -X9850-4- kit for 4slot chassis. Warranty IAF-,".13S-Kl,r Includes air filter door air filter and cable management kit X13 R- SRA SPARE, SI -X98504 Brocade SI -X9850 Spare I Year SI -X9850-4- CHASSIS 4slot chassis Warranty S Attachment D Page 392 of 471 Page 673 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA BLANK PANEL FOR Brocade SIX 9850 switch I Year SI -X9850-4- SI -X98504 SEM fabric module blank panel Warranty SF MPN[- for 4slot chassis X13 R- SRA 2pos'r RACK Brocade SIX 9850 1 Year SI -X9850-8- MO(JN'rING KI'r FOR twopost rack mounting kit Warranty 2PRM-KI'r SI -X98508 for 8 slot chassis. Include telco flush and midplane mounting X13 R- SRA 4pos'r RACK Brocade SIX 9850 1 Year SI -X9850-8- MO(JN'rING KI'r FOR fourpost rack mounting kit Warranty 4PRM-KI'r SI -X98508 for 8 slot chassis. Include flush and recessed mounting X13 R- SRA FRUCABLE Brocade SIX 9850 Cable I Year SI -X9850-8- MANAG1-,".MF".N'r KI' r FOR Management kit for Not Warranty CAB SIX 98508 chassis X13 R- SRA SI -X98508 FAN MODULE Brocade SIX 9850 fan I Year SI -X9850-8- module for Not chassis. Warranty FANM Fan module has 4 fans. X13 R- SRA SI -X98508 AIR ETTER Brocade SIX 9850 air I Year SI -X9850-8- filter for Not chassis Warranty FurR X13 R- SRA NEBS KIT FOR SI.X98508 Brocade SIX 9850 NEBS I Year SI -X9850-8- kit for Not chassis. Warranty IAF-,".13S-Kl,r Includes air filter door air filter and cable management kit X13 R- SRA SPARE, SI -X98508 Brocade SI -X9850 Spare I Year SI -X9850-8- CHASSIS Not chassis Warranty S X13 R- SRA BLANK PANEL FOR Brocade SIX 9850 switch I Year SI -X9850-8- SI -X98508 SEM fabric module blank panel Warranty SI MPN[- for Not chassis X13 R- SRA SI -X9850 AC 300OW Brocade SIX 9850 AC I Year SI -X9850- POWER SUPPLY 300OW power supply for Warranty ACP WR- 4slot and Not chassis 3000 90270V AC input X13 R- SRA SI -X9850 DC 300OW Brocade SIX 9850 DC I Year SI -X9850- POWER SUPPLY 300OW power supply for Warranty DCPWR- 4slot and Not chassis 3000 48V DC input X13 R- SRA BLANK PANEL FOR Brocade SIX 9850 1 Year SI -X9850- SI -X9850 IN'rERFACE interface module blank Warranty IMPNL MODULE panel for 4slot and Not chassis Attachment D Page 393 of 471 Page 674 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA BLANK PANEL FOR Brocade SIX 9850 1 Year SI -X9850- SI -X9850 mcmr management module Warranty MMPN[- MODULE blank panel for 4slot and 8slot chassis X13 R- SRA BLANK PANEL FOR Brocade SIX 9850 power I Year SI -X9850- SI -X9850 POWER supply blank panel for Warranty PWRPNL SUPPLY 4slot and 8slot chassis X13 R- SRA FR(JVDX674024PSFP+DC FRIJ VDX 6746'1, 48P I Year VDX6740- NONPOR'rsIDE EX IGBASE'r POR'rS2 Warranty 24 -DC -F 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674024PSFP+CSC FRIJ VDX 6746TIG 48P I Year VDX6740- POR'rsIDE EXI-I AF IGBASE'r POR'rS2 Warranty 24 -DC -1t 40C113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICIH.NSE ONLY NO op'ricS AC PO 'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674024PSFP+AC FRIJ VDX 6740 24P I Year VDX6740- NONPR'r SD EX AF SFP+ AC NONPOR'r Warranty 24-F SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674024PSFP+AC FRIJ VDX 6740 24P I Year VDX6740- POR'rsIDE EX AF SFP+ AC PO 'r SIDE Warranty 24-1t EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX674o,r24PIOG,r FRIJ VDX 6746'r 24P I Year VDX674o,r- DCNONPOR'rSIDE EX iociivr DC NONPOR'r Warranty 24 -DC -F SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR[JVDX674o'r24PTociB'r FRIJ VDX 6746'r 24P I Year VDX674o,r- DCPR'r SD EX AF iociirr DC PO 'r SIDE Warranty 24 -DC -1t EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674o'r24PTociB'r FRIJ VDX 6746'r 24P I Year VDX674o,r- ACNONPR'r SD EX iociirr AC NONPOR'r Warranty 24-F SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FR(JVDX674o'r24PTociB'r FRIJ VDX 6746'r 24P I Year VDX674o,r- ACPR'r SD EX AF iociirr AC PO 'r SIDE Warranty 24-1t EXI-IA(Js,r AIRFLOW Attachment D Page 394 of 471 Page 675 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FR(JVDX674o'rlG48PlG FRIJ VDX 6746'1, 48P I Year VDX674o,r- BASE'r POR'rSN IGBASE'r POR'rS2 Warranty 56 -IG -DC -F 400113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX674o,rIG48PX FRIJ VDX 6746TIG 48P I Year VDX674o,r- I G'rN PO 'rSIDE DE EX IGBASE'r POR'rS2 Warranty 56 -IG -DC -R 400113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS DC PO 'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX6740,rIG48P FRIJ VDX 6746'r 48P I Year VDX674o,r- XlG'rNON PO 'r EX IGBASE'r POR'rS2 Warranty 56 -IG -F 400113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS AC NONPOR'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJVDX674o,rIG48PX FRIJ VDX 6746TIG 48P I Year VDX674o,r- lG'rPOR'rsIDE EX AF IGBASE'r POR'rS2 Warranty 56 -IG -1t 400113E QSFP+ UPGRADABLE'ro IOGBASE'r VIA LICF".NSE ONLY NO op'ricS AC PO 'r SIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QACNON 694036Q base system Warranty 24Q -AC -F POR'rsIDE EXI-IA(Js,r with 24 40GbE QSFP+ ports AC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QACPOR'rSI 694036Q base system Warranty 24Q -AC -1t DE EXI-IA(Js,r with 24 40GbE QSFP+ ports AC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW Attachment D Page 395 of 471 Page 676 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QDCNON 694036Q base system Warranty 24Q -DC -F POR'rsIDE EXI-IA(Js,r with 24 40GbE QSFP+ ports DC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694024QDCPOR'rSI 694036Q base system Warranty 24Q -DC -R DE EXI-IA(Js,r with 24 40GbE QSFP+ ports DC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SACNON 69401445 base system Warranty 64S -AC -F POR'rsIDE EXI-IA(Js,r with 64 l0GbE SFP+ ports AC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW XBR- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SACPOR,rSID 69401445 base system Warranty 64S -AC -R E EXI-IA(Js,r with 64 l0GbE SFP+ ports AC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SDCNON 69401445 base system Warranty 64S -DC -F POR'rsIDE EXI-IA(Js,r with 64 l0GbE SFP+ ports DC powersupply NON POR'rsIDE EXI-IA(Js,r AIRFLOW X13 R- SRA FRIJ FRIJ Brocade VDX I Year VDX6940- VDX694064SDCPOR,rSID 69401445 base system Warranty 64S -DC -R E EXI-IA(Js,r with 64 l0GbE SFP+ ports DC powersupply POR'rsIDE EXI-IA(Js,r AIRFLOW XBR- SRA 4 si-o'r 4 1/0 Slot chassis 0 SIM I Year VDX8770-4 CHAS SI SOSFMOMM2FA 0 MM 2 AN 0 PSIJ Warranty NODS Blanks fully populated XBR- SRA 8 si-o'r 8 1/0 Slot chassis 0 SIM I Year VDX8770-8 CHAS SI SOSFMOMM4FA 0 MM 4 AN 0 PSIJ Warranty NODS Blanks fully populated XBR- SRA CONVERCIF,"D SERVICE FCOE S/W [.ICI -,".NSE 8 1 Year 10/31/ VDXFCOE- FRIJVDX673016/24 8G FC ports 8 FC optics Warranty 2024 01 FOR VDX673024 VDX673016 Attachment D Page 396 of 471 Page 677 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA CONVERGIH.D SERVICE FCOE S/W [.ICI -,".NSE 16 1 Year 10/31/ VDXFCOE- FRIJVDX674040/60 8G FC ports 16 FC optics Warranty 2024 02 FOR VDX673060 VDX673040 X 1H, N - SRA FRIJ1100W F RIJ I I OOW AC Power I Year I I OOWPSAC PSACNONPOR'r SIDE supply for VDX6940144S Warranty -F EXI-IA(Js,r AF NONPOR'rSIDE EXI-IA[Js,r AF Xl-,",N- SRA FRIJ1100W F RIJ I I OOW AC Power I Year I I OOWPSAC PSACPOR'rsIDE supply for VDX6940144S Warranty -R EXI-IA(Js,r AF PC R'rSIDE EXI-IA[Js,r AF Xl-,",N- SRA FRIJ250WACPS/FANNO Brocade VDX 6740 0.1620 I Year 250WPSAC- NPOR'rsIDE EXI-IA(Js,r PS/I anRIJ NONPOR'r Warranty F SIDE EXI-IA(Js,r AIR FLOW Xl-,",N- SRA FRIJ250WACPS/FANPOR Brocade VDX 6740 0.1620 I Year 250WPSAC- 'r SIDE EXI-IA(Js,r PS/I anRIJ PC R'r SIDE Warranty R EXI-IA(Js,r AIR FLOW Xl-,",N- SRA FRIJ SERIAL CABLE Serial Cable (RJ45 I Year R000030 RJ45 / ADAP'rOR Connector) Warranty Xl-,",N- SRA F [ZI1 6510 FIXED RACK FRIJ6510/6505/6710/674 No R000291 MO(JN'r KI'r OI IXED RACK MO[JN'r Warranty KI'rfor 4 post racks Xl-,",N- SRA F RUMI DMO UNT KITB R F RIJ 6 5 10/6 5 0 5/6710/674 No R000292 0 MIDMO[JN,rKl,r for 2 Warranty postracks Xl-,",N- SRA FRUFLUSH MOUNT Flush mount kit for 2 post No R000293 KI'r 14 U RM KI'rB R racks for VDX6710/VDX Warranty 6740 Xl-,",N- SRA FRI12 POST MID MOUNT G620/VDX6940/VDX674 No R000294 Kl,r/i,,[-IJSH MO(JN'r KI'r o'r MIDMO(JN'r RACK Warranty KI'r for 2 post racks Xl-,",N- SRA FRIJUNIVERSAL RCK FRIJUNIVERSAL RACK I Year R000295 MN'r KI'r4 Pos'r MO(JN'r KI'r4 Pos'r Warranty 2432 DEP'rH RCK VDX 674o,1/VDX674o,11G Xl-,",N- SRA FRIJUNIVERSAL RCK G620/VDX6940/VDX674 No R000296 MN'r KI'r4 Pos'r o'r FIXED RACK Warranty MO1JN'r KI'r for 4 post racks Xl-,",N- SRA SLX 9640 FAN AC F2B SLX 9640 FAN Front to I Year SI -X9640- AIRFLOW Back airflow Warranty FAN -F Attachment D Page 397 of 471 Page 678 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Xl-,",N- SRA SIX 9640 FAN AC 132F SIX 9640 FAN Back to I Year SI -X9640- AIRFLOW Front airflow Warranty FAN -R xi-,".N-,rwx- SRA FRUTWINAXI KiTTER1 FRUTWINAXI I Year 10/31/ 0101 PACK mE'rER1 PACK Warranty 2024 xi-,".N-,rwx- SRA FRUTWINAXI 1 TTER8 FRUTWINAXI I Year 10/31/ 0108 PACK mE'rER8 PACK Warranty 2024 1 xi-,".N-,rwx- SRA FRU TWINAX3 KiTTER1 FRU TWINAX3 I Year 10/31/ 0301 PACK mE'rER1 PACK Warranty 2024 xi-,".N-,rwx- SRA FRU TWINAX3 mTTER8 FRU TWINAX3 I Year 10/31/ 0308 PACK mE'rER8 PACK Warranty 2024 xi-,".N-,rwx- SRA FRU TWINAX5 KiTTER1 FRU TWINAX5 I Year 10/31/ 0501 PACK mE'rER1 PACK Warranty 2024 xi-,".N-,rwx- SRA FRU TWINAX5 mTTER8 FRU TWINAX5 I Year 10/31/ 0508 PACK mE'rER8 PACK Warranty 2024 Xl-,".N-IJSB- SRA FR(J4GB (JSB DRIVEBR FRIJ 4 GB (JSB Drive I Year 4 GB Warranty I XESN- Network Extreme Essential Plus Extreme Essential Plus Software PI-IJS-SW- Managerne Software Package Software Package Warranty P nt includes Network Management (NMS) AP Adoption Licenses and Network Access Control (NAC) XN-2P- SRA Two Post NEBS it for Spare two post mounting I Year RKM,r299 SI -X9150 ear NEBS earthquake kit Warranty for use in SI -X9150 XN-2P- Smart 2P RMRj'r X465 VSP4900 Optional two post rack Limited RMI<J,r-ooi OmniEdge mount kit for Lifetime Switching ExtremeSwitching X465 Warranty and VSP4900 models. with Includes brackets for front express or midmount of chassis in Advanced a two post rack. Hardware Replacern ent XIS -2P- Smart RM it 200 series X430 Rack Mount it Spare for No RMI<J,r-004 OmniEdge X435 X440G2 24 and 48 port models of Warranty Switching 200 series X430 X435 X440G2 XN-2P- FAN Two Post Rack Mount kit Optional two post rack No RMI<J,r-XA for XA 1400 mount kit for Warranty ExtremeAccess Platform 1400 models. Includes brackets for front mount Attachment D Page 398 of 471 Page 679 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 399 of 471 Page 680 of 1174 of chassis in a two post rack. XN-4P- Smart Spare 4P RMKIT X465 Spare four post rack Limited RKM,r-001 OmniEdge VSP4900 mount kit for use with Lifetime Switching ExtremeSwitching X465 Warranty and VSP4900 with express Advanced Hardware Replacern ent XN-4P- FAN Four Post Rail it VSP Spare four post rack I Year RKM,r298 7400 SLX9150 mount rail kit for use in Warranty VSP7400 SLX9150 XN- Smart 200OW AC PSIJ X465 Modular Power Supply I Year ACP WR- OmniEdge VSP4900 200OW AC Front to Back Warranty 200OW-F Switching Supported on ExtremeSwitching X465 and VSP4900 XN- FAN VSP/S[-X 750W AC PSIJ AC 750W PSIJ Front to I Year ACP WR- Front to Bk airflow Back Airflow for use in Warranty 750W -F VSP7400 SLX9150 XN- FAN VSP/S[-X 750W AC PSIJ AC 750W PSIJ Back to I Year ACPWR- Bk to Front airflow Front Airflow for use in Warranty 750W -[t VSP7400 SLX9150 XN- FAN VSP/S[-X 750W DC PSIJ DC 750W PSIJ Front to I Year DCPWR- Front to Bk airflow Back Airflow for use in Warranty 750W -F VSP7400 SLX9150 XN- FAN VSP/S[-X 750W DC PSIJ DC 750W PSIJ Back to I Year DCPWR- Bk to Front airflow Front Airflow for use in Warranty 750W -[t VSP7400 SLX9150 XN-FAN- FAN VSP/S[-X Front to Back Single Fan module Front I Year 001-F Fan to Back Airflow for use in Warranty VSP7400 SLX9150 XN-FAN- FAN VSP/S[-X Back to Front Single Fan module Back I Year 001-R Fan to Front Airflow for use in Warranty VSP7400 SLX9150 XN-FAN- Smart Spare Fan Module X465 Spare fan module front to Limited 002-F OmniEdge VSP4900 back airflow supported on Lifetime Switching ExtremeSwitching X465 Warranty and VSP4900 with express Advanced Hardware Replacern ent Attachment D Page 399 of 471 Page 680 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XIII- SRA SPARE AN TRAY FOR Leadfree spare fan tray for I Year CE2000- NI CER/CES ROHS6 NetIron CES and NetIron Warranty AN CER Series XIS -SSI - Smart 120C113 SSD MODULE Modular SSD 120C113 I Year 001-120 Omni Edge supported on Warranty Switching ExtremeSwitching X465 and VSP4900 Attachment D Page 400 of 471 Page 681 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Table 1 - Extreme Product Warranty Summary of Entitlements Warranty DurationOf Warrant al Technical "Warranty Period"y Assistance Center On -Line Support Portal Software/Firmware Availability Hardware Replacement' 90 Days -- Defective Return and Replace -- Hardware I 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 - I lardware 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 Advanced exchange replacement ProdLICt and Upgrades' Warranty --10 BLIsiness Product Lifetime Product Lifetime Lifetime hardware is shipped within'10 Day Ship One Year for business days Advanced Software License Updates' Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty With Express Droduct Lifetime Droduct Lifetime Dr - od uct Base Operational hardware shipped next business day Advanced hardware Lifetime Software Updates' from RMA approval time Replacement' Limited Lifetime ProdLICt 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 Droduct Lifetime Droduct Lifetime Droduct Base Operational hardware shipped next business day Advanced hardware Lifetime Software Updates from RMA approval time Replacement -2 and Upgrades Software Warranty' 90 Days 90 Days 90 Days 90 Days N/A I Month Warranty I Month for Return and Replace - I lardware (W i N G)" hardware 90 Days I Month N/A shipped within 10 business days of receipt of defective asset 3 Month Warranty Return and Replace -- Hardware (WiNG)` 3 Months 90 Days 3 Months N/A shipped within '10 business days of receipt of defective asset 90 Days - Defective Return and Replace - I lardware I Year Warranty One Year 90 Days I Year software media shipped within 10 business days of (WNG)��,lc) replacement receipt of defective asset Limited Lifetime ProdLICt 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 Droduct Lifetime Droduct Lifetime' Droduct Base Operational hardware shipped next business day Advanced hardware Lifetime Software Updates and from RMA approval time Replacement -B9 Upgrades '8 A1v1 to 5 j1\1 (1\1ondov to ridov) locol Find Uer'ti bine, "pocilic I ''I 1 -1, kw'fli�)Ii I SI "I'lli III "r,"111,111 11''1 1,11 C', up''I'll'' I I, ''I''1111''d ln�,, I fi','Irfw ln,+)w `Ho,,, QpOl',fl )I1,11 SVhmli", I, ''I''1111''d ln�,, I' ll',Tfw r), )re Ihiworrdlflv is ANO opplicohle Io he W1 A1\1 and A1-,)S1j procfiicIti occrIJred I 11,111ni'' I,, 1, luHh''i, ''I''1111''d '111''I 11''1111�)Iwd Inv I ;+di",Irfw h''k)W [roin -,,ehro Ieadhnoloyiea hu Fxhreine 11,1c,Iworkti jrovKons provided lander Ix Fxhreine Worroiflv ore coifflimohons or Ilu -"ohro worronh/ proviSionS III jpldl"11'1,'r"1, hil'Hwi, ''I''1111''d ln�,, I ;+dl',Tfw h''k)W ploce ail IIx hine or IIx occrIJtiMon Advoinced So[Iwore I icentic ond Advoinced So[Iwore I icense Ujpdok,ore (`Iohol lechnicol rIljpjpoN provided viol lelophone, Online SIIppoN Fjoi-IA luHh''i, ''I''1111''d Inv di for h''k)W 1111,1 'P1,111 V 111I I' rfi�)11111" 0111 )Irfi Skul I)IIIIII'SIIqqx)1'1 lorIA ond einoil �IijpjpoN lor reinoinder or Wonroiflv Period 'Advoinced exchom4c, rejploceineifl hordwore delivered nmd hIitiinc,ss dov [roin R1\1A opprovol bine [or A,>, (`,r procfiwIIn 'IjrocfiwI [ehine for W1 A11,19100jrocfiwI� iti r veorti potil and or tiAe dok, 11,loi-Ilh Americo, Wc,tilers) FIii-ope and AINroki oi)l\/ Advoince Hordwore P''JAm-''ins ''111 IluHh''i, ''I1111''d '111''I 11''1111 I lny I�di','Irfw ln,,Jmn� WWW.EXTREMENETWORKS.COM 2 Attachment D Page 402 of 471 Page 683 of 1174 Attachment oExtreme networks Product Warranty, End User License Agreement, Etc. Product (Limited) Warranty l�ensure hme|y�eiptofProduct War�ntyenhdements - as described herein, end-usercustomer must register your Hardware Product Warranty Extreme products. Product registration is required within Subject tothe limitations and conditions set forth herein. 30days after purchase tovalidate product warranty. Failure Extreme warrants tothe original purchasing End User todoso may result in delays in receiving warranty support. that each unit of Extreme hardware products ("Hardware Product warranty registration isavailable at: Products" or^Pnrducts^)will befree from defects in material and workmanship under normal use consistent with Extreme's published written specifications for the Product atthe time of shipment. Warranty Period is for the duration specified in Table - Product Warranty, beginning from the date of shipment. Breach ofwarranty will be enforceable against Extreme only if written notice of such breach is received byExtreme within the applicable Warranty Period. Subject tothe limitations and conditions set forth herein, Extreme warrants that commencing on the Warranty Start Date and continuing for aperiod ofninety (90)days: (a) the mediaonwhich the Software isfurnished will befree of defects in materials and workmanship under normal use and (b)the Software substantially conforms tothe documentation. Except for the foregoing limited warranty, the Software is provided `Y\S |S"This limited warranty extends only tothe Software purchased from anapproved source byanEnd User who isthe first registered end user. End User's sole and exclusive remedyand the entire liability of Extreme and its suppliers under this limited warranty will be(i)replacement ofthe defective mediaarid/or (ii) at Extreme's sole ophon, repair or replacement of the Software subject tothe condition that any error ordefect constituting a breach of this limited warranty is reported to Extreme within the warranty period. In noevent does Extreme warrant that the Software is error free or that End User will beable tooperate the Software without problems or interruptions. In addihon, due to the continual development ofnew techniques for intruding upon and attacking networks. Extreme does riot warrant that the Software orany equipment, systemornetwork onwhich the Software is used will befree ofvulnerability to intrusion or attack. Rennedies-|ntheeventofafai|ureofanyPnrductto comply with the foregoing warranty during the applicable warranty period. Extreme shaU, at its sole option, repair or replace the Product (which may include aworkaround) or refund the fees paid for such Product following return of such Product. The foregoing sets forth Customer's sole and exclusive remedies for breach of warranty. Todetermine the applicable warranty for a particular product reference the Definitions Used inThis Policy Documentation - Extreme supplied or published then - current technical docurnentation describing the features and functions of the associated Products. Warranty Start Date- Used in this policy is from the date of shipment of the Product from Extreme, or in the case of resale by an Extreme authorized reseller, commencing not more than 90 days after shipment by Extreme. Warranty Dmration- Product Lifetinne- Except where otherwise defined, aperiod oftime commencing onthe Warranty Start Date from Extreme (see be|ow)and ending onfive years from the Product's announced end-of-sa|e date inaccordance with Extreme's End ofLife policy described at: . For purposes offurther clarity, end-of-sa|edates are defined in the Extreme End ofLife Policy. Extreme Wireless Controllers Product Lifetime warranty duration is one year from the Product's end-of- sa|edate. Base Operational Softvare-Embeddedsoftwarethatis required tooperate anExtreme-brandednetwork device and isoffered for sale asaninclusive component ofsuch hardware network device product as further described in Extreme's published price list applicable tosuch hardware product (^CoveredProduct''). Feature Packs and Advanced SoftwareLicenses-Defined assoftware enabled pursuant toauthorized use ofan Extreme-issuedlicense key that enables certain optional embedded software features in an Extreme Networks network device and isoffered for sale asanoptional component of such hardware network device product as further described in Extreme Networks' published price list applicable tosuch hardware product ("Covered Product''). Advanced SoftvareLicenseUpdates-Minorre|easesof Advanced Software Licenses that are optional embedded software features of Covered Products. www.sxresmswsrvmmxs»,m s Attachment Page 403 of 471 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AppficationSoftware-Definedassoftware that is not required tooperate anetwork device, such asmanagement software orother standalone software. |tisriot an enhancement tothe Base Operational Software and may reside onanother network device. Upgrade and Update Software / Firmware Rellease ° A=Major Release Number Major software releases are ° B=Minor / Sustaining Release Number Minor / Sustaining releases are updates. ° C=Maintenance / Sustaining Release Number Maintenance/ Sustaining releases are updates Extreme Product Warranty Entitlements Global Technical Assistance Center - Customer isentitled as part of this warranty to utilize Extreme warranty support line via emai|. Web form ortelephone available from 8 AMto5PM(Monday toFriday) local End User's time for basic hardware and operational software troubles hoohrig assistance inconnection with warranty claims, including RMA's(excluding installation, configuration and general networking troubleshooting). On -Line Support Portal -CustomershaUa|sohaveaccess to Extreme Customer Support Website by registering the Product arid/or FRU at: which may include, but is riot limited to: (i)information about status arid/or review of known hardware arid/or software issues/problems. (ii) access totechnical documentahon.(iii)the ability tolog a case. (iv) information about the status of outstanding RMAs. Base Operational Softvare-Updatesand Upgrades- CustomerisenhdedtoreceiveanyBaseOperahona| Software orBase Operational Softwareupgrades/updates that Extreme may develop and generally release on Covered Products. Base Operational Software: Updates-Customerisenhded toreceive any Base Operational Software updates (i.e`sustaining arid/or maintenance re|eases)that Extreme may develop and generally release onCovered Products. HardwareRepIacennent: Advanced Exchange Next Business Day Ship- Extreme Networks must process the RMA relating tothe defective product per the Advanced Exchange Warranty RMA Times section ofthe Extreme Networks Service Availability Matrix, Monday through Friday, in order to ship the replacement product to your site, bythe end ofday ofthe Next Business Day. Otherwise Second Business Day shipment will beprovided for RM/Ys processed after the time indicated. Extreme will use all commercially reasonable efforts topick pack and ship the hardware replacement using acommercial delivery service tocustomers'site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4business day delivery from an Extreme regional parts depot tothe customerdelivery site. Variation in business delivery days ispossible depending oncountry ofdestination orgeographical location with the country or other factors. Extreme pays for the return freight ofproducts from Customer to Extreme, including any applicable taxes, duties and customfees tocountry ofshipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin isCustomers responsibility. Customer must bethe Exporter ofRecord for all product returns to Extreme. Extreme pays the freight ofthe unit shipped tocustomer,excluding any applicable taxes, duties and customfees inCustomers destination country. Extreme will riot bethe importer of record onany shipments toCustomec Customer isresponsible for returning the defective Product to an Extreme -authorized return facility. |nthe event that you fail to return the defective Product within ten (l0) business days of receipt of the replacement FRU. Extreme reserves the right to require customerto pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the arnount to be paid. HardwareRepIacennent:RetmnnandRepIace-Extreme will make commercially reasonable efforts, stits expense, to see the shipping of repaired or replacement FRU (feature, function and fit compatible) within '10 orl5 business days (depending upon affected product) ofreceipt ofthe defective FRU at an Extreme facility. Extreme will use all commercially reasonable efforts topick pack and ship the hardware replacement using acommercial delivery service tocustomers'site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4business day delivery from an Extreme regional parts depot tothe customerdelivery site. Variation in business delivery days ispossible depending oncountry ofdestination orgeographical location with the country or other factors. Customer pays for the return freight ofthe product to Extremetdesignated |ocahon, including any applicable taxes, duties andcustomfees in both country of origin and destination. Customer must be the Exporter of Record for all product returns to Extreme. Extreme pays the freight ofthe unit shipped toCustomer, excluding any applicable taxes, duties and customfees. Customer must be the Importer of Record for all returns to Customer. www.sxresmswsrvmmxs»,m * Attachment Page 404m4n Attachment oExtreme networks Product Warranty, End User License Agreement, Etc. AdvancedHardwareReplacennent-Extremepnrvidesfor Actual delivery times may vary depending onspecific the advanced shipment ofreplacement hardware. After customer|ocahon. request for a replacement Field Replaceable Unit(FRU) Dead on Arrival (DCA) All hardware products include isvalidated for warranty entitlement byExtreme Global Advance Part Replacement (Next Business Day Shipment) Technical Assistance Center (GTAC)and aReturn Material during the first 30 days after product shipment. For upto Authorization (RMA)number isprocessed, anew field replaceable unit (FRU). Extreme will make commercially reasonable efforts, topick, pack and ship the replacement FRU per the Hardware Replacement provisions as stated in Table (Warranty Summary ofEnhdements) using commercial delivery service to custorner's site. Extreme will use all commercially reasonable efforts topick pack and ship the hardware replacement using acommercial delivery service tocustomers'site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4business day delivery from an Extreme regional parts depot tothe customerdelivery site. Variation in business delivery days ispossible depending oncountry ofdestination orgeographical location with the country or other factors. Extreme pays for the return freight ofproducts from Customer to Extreme, including any applicable taxes, duties and customfees tocountry ofshipment destination. Any government or Brokers fees associated with the return of products from Customer to Extreme in the country of origin isCustomers responsibility. Customer must bethe Exporter ofRecord for all product returns to Extreme. Extreme pays the freight ofthe unit shipped tocustomer,excluding any applicable taxes, duties and customfees inCustomers destination country. Extreme will riot bethe importer of record onany shipments toCustomec Customer isresponsible for returning the defective Product to an Extreme -authorized return facility |nthe event that you fail to return the defective Product within ten (l0) business days of receipt of the replacement FRU. Extreme reserves the right to require customerto pay the full, or portion of the, List Price of the FRU or product component. Extreme will send an invoice to customer that will reflect the amounttobepaid. Hardware Replacement: General Provisions - Extreme is not responsible for any delays related toexport or customs regulations orprocesses, or transportation issues. thirty (30) days from the date of shipment of the Product from Extreme (or inthe case ofresale by an Extreme authorized reseller orchannel partner, commencing not more than ninety (90)days after shipment by Extreme). Extreme will use all commercially reasonable efforts to provide Advanced Hardware Replacement ofaffected field replaceable unit (FRU)ofHardware Products that fail to operate within twenty-four(24) hours ofinitial installation. For purposes ofthis DOA policy, "fail tooperate" shall mean a material failure tosubstantially perform in accordance with the Hardware Products' published Documentation. Warranty Duration: Integrated Component Coverage - For certain product families someintegrated Components, such as power supplies, fans, and cab|es, may have their own separate warranty duration which may be different than the product it is embedded in. For alisting, reference Table 2 - integrated Component Coverage below. Table 2 - Integrated The following components that are integrated within a product may have separate warranty provisions: Product Family Fans Power SuppfieO I. -Series N/A 3 Years naiemal neuunuanflponersupplieoore mcmueummenananivcov mme [or mex. a.anu c seneoneuunuanfl pw°ersupp1v c^hleo madam m/ppeunux exiemal neuunuanfl ponersuppxeo amcmmmu unuerme neuunuanflPower supplvwmnaniv Appliance Products and Products Sold Within aBundle - For products that are sold ina^bund|ed^manner rioted aseither aBundle orasanAppliance infurther defined in Extreme's published price list, the warranty provision provided is per each individual Product Part Number that comprises the bund|e, unless otherwise noted in the price list. www.sxresmswsrvmmxs»,m s Attachment Page 405 of 471 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme isriot responsible for any delays related toexport orcustoms regulations or pnrcesses, in the event of force maUeune,ordue totransportation issues. Actual delivery times may vary depending on specific customer location. Replacement Products will be warranted for the remaining warranty period ofthe original Products that were replaced, and may be new or refurbished products. |fawarranty 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, hand|ing and shipping the returned Product. Expendable parts, such as fuses, |amps, fi|ters, and other parts that are regularly replaced due tonormal use are excluded from this limited Product Warranty. As to Products repaired or replaced during the original warranty period for such Product, the warranty period onthe replacement Product orthe repaired Product shall terminate 30 days after shipment to End User or upon the termination ofthe original warranty period, whichever is longer. Unless required for operational reasons oras otherwise agreed between customerand Extreme in aseparate writing, replacement FRU will beatthe then -current minimum hardware, software and software release levels as published byExtreme for the Product being replaced. Astoany out-of-wanantyProducts repaired, modified or replaced by Extreme at Extreme's regular published charges, the warranty period with respect tothe material and workmanship hereunder shall expire 30days after the date ofshipment ofsaid Product toEnd User. XMIUMUM The warranties set forth above shall riot apply to: (i)any third party software or hardwane, whether or not such third party software or hardware isorwas provided by Extreme; (ii)any Products that have been modified or repaired byanyone orany entity other than Extreme or asauthorized byExtreme inwriting; or(iii)any Products Em: Extreme- which have riot been maintained inaccordance with any handling oroperating instructions supplied byExtreme, or that have been subjected toany unusual ornon-standard physical or electrical stress, misuse, negligence, accidents, orcauses beyond Extreme's control. The warranties and corresponding entitlements set forth herein are for the benefit ofand shall apply only toend user customer. EXCEPT FOR THE EXPRESS WARRANTIES AND CONDITIONS SET FORTH HEREIN, EXTREME MAKES NOOTHER WARRANTIES ORCONDITIONS REL/g-|NG TOTHE PRODUCTS AND/OR FRU(s)PROVIDED, AND SPEC|F|CALLYAND EXPRESSLY0SCLA|MSANY OTHER EXPRESS, |MPL|EOORSTATUTORY WARRANTIES AND FURTHER EXPRESSLY0SCLA|MSANY WARRANTY OFMERCHANTAB|L|TyFITNESS FOR PART|CULAR PURPOSE, ACCURACY OF INFORMATION, OR NON - INFRINGEMENT OF THIRD PARTY RIGHTS. |NNOEVENT VV|LLEXTREME BEL|ABLETOCUSTOMER FOR ANY INDIRECT, SPECIAL- INCIDENTAL- CONSEQUENTIAL- OR EXEMPLARYDAMAGES OFANY KIND (|NCLU0NGBUT NOT L|M|TEOTOANY LOSTPROFITS ORLOSTSAVINGS, LOSSOFUSE ORINTERRUPTION OFBUSINESS, OR PROCUREMENT OFSUBSTITUTE GOOOS).HOWEVER CAUSED, WHETHER ARISING |NCONTRACT, TORT, BREACH OFWARRANTY, NEGL|GENCE.STRICT L|AB|L|TY OROTHERWISE, EVEN |FEXTREME WAS ADVISED OF THE POSS|B|L|TYOFSUCH DAMAGES, AND WHETHER ORNOT ANY REMEDY PROVIDED HEREIN SHOULOFAIL- OF |TSESSENT|ALPURPOSE. EXTREME TOTAL- L|AB|L|TY UNDER THIS WARRANTY TOCUSTOMER |NRELAT|ONTO THE PROOUCT(S)AND/OR FRU(S)AND FULF|LLMENTOF WARRANTY SERVICES ASDEFINED HEREIN SHALLBE L|M|TEOTOTHE AMOUNTS PAID TOEXTREME FOR SUCH PROOUCT(S)AND/OR FRU(S). Extreme reserves the right to engage third party subcontractors toperform any services defined herein on behalf ofExtreme. xttp://wwwmmmm*netwm,xs.com/contvct // Phone +1'*oo'579'2000 Vzossmemewewmms,Inc. All rights rosomeusmemewewmmsand mesmemewewmms logo aro tradomamsmeowtoeuuademamsofsmemewewmms,Inc. m meooitodsmtosand/or ome,omomes.All othe,oamesaro mepmpeny ofme/,especuveo*oers.For additional Information oosmemewewm,ksnacoma,ksploaso see littp://www.extremerietworks.com/compariy/legal/trademarks. Specifications and product availability are subject tochange without notice. mnz1'nws'ns www.sxresmswsrwoexs»,m s Attachment Page 406 of 471 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. rm "u End User License Agreement 4= C u tonfi :-r, r rh,,e Nphvcn k ,g 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 Attachmentag Page Page 688 Of 1174 December 2018 EULA e 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 atllttdla://www exn.ueincited,Nvoallti .coin/comlapul ��;1➢1d CI Iii ;tau aulalati�a;;V; . 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 1174 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 ➢udhla :Ify w ex,i-eincitefi,Nvoilti .Coin/ uilrl..IIlao�n�i���ylola�ru y2 �� � deck un udion/. 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 1174 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 AttachmentPage Page 691 Of 1174 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 Cred itAnd Collectionsgext reme networks. 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 692 of 1174 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 693 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P­,yorj th N -,wank 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. Attachment D Page 413 of 471 Page 694 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P­,yorj th N -,wank 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,_Ir;;I; t //www,extirei rieirietwoirlks,coi mo/su.., oirt/i moa inteiroairoce ,seirvlices (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 414 of 471 Page 695 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 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. Attachment D Page 415 of 471 Page 696 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 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 Products and not to remove or destroy any patent, marking, or confidentiality legend placed upon or Documentation supplied by Extreme. 5. Ordering and Payment Terms. 5.1 Orders. to comply with all legends that appear on or in the copyright, logo, trademark, trade name, proprietary contained within Products, containers or End User 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/. Attachment D Page 416 of 471 Page 697 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 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,lr:�:t:t.1rp'//www,.extireirr'ie,it;,etwoirlks..::. irrV.&.i gL/eirid...of..,salla...airid...eirid...of..,su..jort irodu..jcts,/. 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. Attachment D Page 417 of 471 Page 698 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P­,yorj th N -,wank 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. Attachment D Page 418 of 471 Page 699 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc Extreme C7, nnk, t P­,yorj th N -,wank 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"). Attachment D Page 419 of 471 Page 700 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t P-,yorj th N -,wank 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.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 t;;,P;/„/Ibii„t,;;,II„y72s3Yll:�fli, 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 420 of 471 Page 701 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 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. Attachment D Page 421 of 471 Page 702 of 1174 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme C7, nnk, t ,, rn.J th N -,wank 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. U Attachment D Page 422 of 471 Page 703 of 1174 Attachment D - Extreme networks Product Warranty, End User Licenent, Etc. EM: EX/boeme- 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 704 of 1174 Attachmen#.QdMtftFrAt(b'NtydrklffdKseII} Tment, Etc. ❑ Master Tax -Exempt Lease/Purchase Agreement* ❑ 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 705 of 1174 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 706 of 1174 Property Schedule AMt(POUrM�bQitic$XWLr&gswtao"fl"tt rmii jy, FDncbbW4R@gbAw&(?im@4t 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 707 of 1174 in writing within seven (7) days after#U0M1IB9 # 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 708 of 1174 Attachment D - Extreme networks ProcAi@tftFr?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 709 of 1174 failure stated in the MJWA1Mnbae WQ999&"EWffaftW, iFt6onsent 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 710 of 1174 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. By: Name: Title: I Lessee: Sample Customer I Name Title: Attest 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 711 of 1174 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. Name: Title: Lessee: Sample Customer By: Name: Title: Attest 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 712 of 1174 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 713 of 1174 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 714 of 1174 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 715 of 1174 8. As of the Q hff6l6(9F,- BhtgffMlgaM InriE� fH Vgff&MwAWg�ff6r i W&ffaWEd �EMed 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 716 of 1174 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 (Official(s) who signed the documents.) TITLE OF EXECUTING OFFICIAL SIGNATURE 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 OFFICIAL(S) 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 717 Of 1174 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 If by check, Payee's address: If by wire transfer. oav to: Bank Name: Bank Address: Bank City, State, Zip: Bank Phone: For Account of: Account No.: ABA No.: Sample Customer By: Name: Title: By wire transfer Master TELP-Appropriation Attachment D Page 437 of 471 This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Page 718 of 1174 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 719 of 1174 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 720 of 1174 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 721 Of 1174 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 722 of 1174 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 723 of 1174 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 724 of 1174 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 725 of 1174 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 726 of 1174 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 727 of 1174 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 728 of 1174 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 JI°s://.ex�ireiim�eiie�aoirlls.coiim�/su oirL ollliciies/ 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 729 of 1174 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 730 of 1174 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 731 of 1174 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 732 of 1174 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 733 of 1174 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. Signature: Print Name: Title: Date: EXTREME NETWORKS IRELAND LIMITED Signature: Print Name: Title: Date: PURCHASER: Signature:_ Print Name: Title: Date: Attachment D Page 453 of 471 Page 734 of 1174 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 735 of 1174 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 736 of 1174 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 737 of 1174 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 738 of 1174 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 739 of 1174 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 740 of 1174 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. 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 741 of 1174 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 742 of 1174 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 743 of 1174 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-RUlacement- 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 744 of 1174 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 745 of 1174 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 746 of 1174 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 747 of 1174 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 748 of 1174 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 749 of 1174 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 By: Name: Title: Date: Extreme Networks Ireland Limited. By: Name: Title: Date: Extreme Networks, Inc. By: Name: Title: Date: Page 14 of 16 Extreme Confidential and Proprietary Attachment D Page 469 of 471 Page 750 of 1174 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 751 of 1174 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 By: Name: Title: Date: Extreme Networks Ireland Limited [Include if applicable] By: Name: Title: Date: Extreme Networks, Inc. By: Name: Title: Date: Page 16 of 16 Extreme Confidential and Proprietary Attachment D Page 471 of 471 Page 752 of 1174 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM 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 753 of 1174 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM 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 754 of 1174 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM State of Florida Name: Joy Geller Address: 4050 Esplanade Way, Tallahassee Florida 32399 Telephone: 850-410-0978 Email: I uoy.elllleirirn%.fI. 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. [ 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. e�igRed By By:DacuSigned by: �t L NA. - Name: Jonathan R. Satter Name:Mf9bMi ttIe 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 755 of 1174 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 IC ,,,,,,,,&nas ov6lllw,�e oiiiint„ours to support documentation of participation and posting in appropriate data bases.] Page 4 of 4 Page 756 of 1174 DocuSign Envelope ID: 7536DE17-C41C-408C-13425-77135D09C05AB Dej[)artmemt of MANAGEN SERVICES \/\/o serve 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 MvloridaMarketPlace. 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: 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 757 of 1174 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 Page 758 of 1174 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 L 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 Page 759 of 1174 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 feel)rocessincimyfloridamarketr�lace.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. 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 Page 760 of 1174 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 Page 760 of 1174 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://vendor.myfloridamarketplace.com) • Not be on the State of Florida's Convicted, Suspended, or Discriminatory lists ttp://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://fivendor.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 Page 761 of 1174 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 �yx��Nl�[![�Lil���:7e\i��► Ie1�Ie�el�► I��� �I �yx•1t�Nl►�.'i[•lil►�l»IeUNI��i�/��.��e\�i�� :i 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 �yx��Nl�ti�il[�Lil���:7e\i>t�► Nl�l�r•]:�I�[ [! pyx.���•�►���.�•�►��:�e�.�rem.��� �.� 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 762 of 1174 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 763 of 1174 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 764 of 1174 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 765 of 1174 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 ,h,o, 11 , // a ,irk ,U ,t , ll, irii, , , �irq. SP approved version 7-1-2019 5 Page 766 of 1174 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 h t-tl M. . i �:�::"..:.r2. .: 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 767 of 1174 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 768 of 1174 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 769 of 1174 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 770 of 1174 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 771 of 1174 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 772 of 1174 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 773 of 1174 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 774 of 1174 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 775 of 1174 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 776 of 1174 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 777 of 1174 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. 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 778 of 1174 Subcontractor/Dealer/Reseller Information Form MA/yNAGEMENT C.ntr.ct N.m.: D—C—m--b... Pr,d,,.C,. nd s.mi«, SERVICES Contract Number: 43220000 NASP0-19-ACS wuaio�.,rsw.,n,,,a.omn Contractor Nem.: Extreme Networks, Inc 'I i.l':�A CI hY I,II YIII':i l' IA,IY I1hAti II,I I'.i ELI IA,I/�, Y'i:11'li liana Subcontractor/O..I.r/0..x.11., Nem. W.bsit. Conten Nem. Email Phone .xt. Address City State Zip —nti.s S . . . d (SEEABOVE) Approved O.t. (OMS USE ONLY) -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ -- -- ------ Page 779 of 1174 Complete list can be found at Ihiq s: so u.us west 2 alrraz -.r. a� s.c rin Inas a:o rallu.ue:� a:oiilnt, '61.2 91.0233 Il:::xt,Ire:�Inn�:y°°a20Ne:�t,w olrlks If1lrii�;�:�°° 20(.:at,all0 �.!'z.?6�?'�..'�..xllsx ........././.................................................................................................................................................�..................IEA.................................P..................../.............................................................................................................................................................................................................................................................................................................................................. 97004-31012 $57.00 12% $50.16 EW NOD AHR 31012 97004-31028 $36.00 12% $31.68 EW NOD AHR 31028 97004-31055 $74.00 12% $65.12 EW NOD AHR 31055 97004-1-134013 $38.00 12% $33.44 EW NOD AHR H34013 97004-1-134016 $69.00 12% $60.72 EW NOD AHR H34016 97004-1-134020 $42.00 12% $36.96 EW NOD AHR H34020 97004-1-134052 $191.00 12% $168.08 EW NOD AHR H34052 97004-1-134066 $136.00 12% $119.68 EW NOD AHR H34066 97004-1-134070 $136.00 12% $119.68 EW NOD AHR H34070 97004-AP505i-FCC $72.00 12% $63.36 EW NOD AHR AP505i-FCC 97007-1-134128 $209.00 12% $183.92 EW 4HR AHR H34128 97007-1-134131 $456.00 12% $401.28 EW 4HR AHR H34131 97004-1-135449 $1,213.00 12% $1,067.44 EW NOD AHR H35449 97004-1-134078 $1,469.00 12% $1,292.72 EW NOD AHR H34078 97003-520098 $1,515.00 6% $1,424.10 EW Software Subscription 97003-522173 $545.00 6% $512.30 EW SOFTWARE SUB 522173 97007-1-135313 $2,625.00 12% $2,310.00 EW 4HR AHR H35313 97007-1-135313 $2,625.00 12% $2,310.00 EW 4HR AHR H35313 97003-XCC-ACT-V5-VT $360.00 6% $338.40 EW SOFTWARE SUPPORT XCC-ACT-VS-Vi XIQ-NAV-S-C-EW $50.00 38% $31.00 XIQ Navigator SaaS, EW SaaS Support XIQ-PIL-S-C-EW $150.00 38% $93.00 ExtremeCloud IQ Pilot SaaS Subscription and EW SaaS Support for one (1) device (1 year) Page 780 of 1174 6.K. Consent Agenda 10/19/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for October 19, 2021 - "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 Penn Credit Debt Collection Corporation Services SOLICITATION NUMBER Piggyback of the City of Lakeland Bid No. 1202 RENEWAL AMOUNT TERM October 17, 2021 thru October 16, The appropriate 2022 account(s) will Agreement be charged at automatically the time of renews release every year. Austin Tupler Piggyback off the SEFL November Trucking, Inc.; Aggregates, Top Soils Governmental Purchasing 15, 2021 Florida Superior and Sand Cooperative Group City of thru November Sand, I nc. Margate - Bid No. 2018-001 14, 2022 Commercial Risk Management, Inc.; TRI STAR Risk Enterprises Management, I nc. I PC Technologies Third Party Administration of Worker's Compensation, Property and Casualty Claims Mitel Software, Maintenance and Hardware Support Services COBB RFP No. 004-1710- 19/1 T Contract No. 19-3441-00 City of Newport News, Virginia COBB Resolution No. 821- 002 How will this affect city programs or services? December 2, 2021 thru December 3, 2022 October 2, 2021 - October 1, 2022 Annual Estimated Expenditure $14,000 Annual Estimated Expenditure $40,000 Annual Estimated Expenditure $26,000 Page 781 of 1174 This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/e)dended with the same terms and conditions and pricing as the initial award. Fiscal Impact: 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 Application: Is this a grant? No Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description Bid EAE)insioins aind IRiggy BackS UlindEsir' $100,000 IRENIIE)W,-'.Ill of IRiggylback City of li argatE) &E 1::::1 CO OP Cointiract for Aggir'EsgatE)S, Tbp Soils aind Saind IRENIIE)W,-'.Ill 11['1tE)ir'E)St I E)ttENr CoirnirTIE)rci4l Il isk MainagE)irT1E)1['1t, Ilinca 2021 2022 IRENIIE)W,-'.Ill Il1['1tE)ir'E)St I E)ttENr T lR1 S f 11 Il isk E1['1tE)ir'pr'iSE)S IMcunt,, Ilinc, 2021 2022 IRENIIEs,we,d Cointract 19 3441 00 1 F1 C Tb,chinologiE)S I it 2021 2022 Page 782 of 1174 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS October 19, 2021 REQUESTING DEPARTMENT. FINANCE DEPARTMENT CONTACT. Mara Frederiksen TERM: October 17, 2021 thru October 16, 2022 SOURCE FOR PURCHASE. Piggy -Back off of the City of Lakeland RFP No. 1202 ACCOUNT NUMBER: The appropriate account(s) will be charged at the time of release VENDOR(S): PENN CREDIT CORPORATION ANNUAL ESTIMATE: DESCRIPTION: The City of Boynton Beach utilizes the City of Lakeland's Contract for Debt Collection Services for Utilities and Miscellaneous Receivables. This Agreement automatically renew every year unless terminated by either party. The City has been using the Penn Credit agreement for delinquent utility, refuse and fire ALS accounts since 2008. Renew the agreement term from October 17, 2021 thru October 16, 2022. The City of Lakeland competitive procurement requirements equal and/or exceed the City of Boynton Beach Procurement requirements. REQUESTING DEPARTMENT. GOLF DEPARTMENT CONTACT. Sam Reep TERM: November 15, 2021 thru November 14, 2022 SOURCE FOR PURCHASE. Piggy -Back off of the SE FL Governmental Purchasing Cooperative Group — City of Margate Bid No. 2018-01 ACCOUNT NUMBER: 411-2911-572.52-26 VENDOR(S): Florida Superior Sand, Inc.; Austin Tupler Trucking, Inc. ANNUAL ESTIMATE. $14,000 DESCRIPTION: The City of Boynton Beach as a participating agency in the Southeast Florida Governmental Purchasing Cooperative was included in the Bid for "Aggregates, Top Soils and Sand" issued by the City of Margate as lead agency. The City of Margate approved the last one-year renewal available on this contract. Approve the renewal term of November 15, 2021 thru November 15, 2022. REQUESTING DEPARTMENT. RISK MANAGEMENT DEPARTMENT CONTACT. Richard Ignoffo TERM: December 4, 2021 thru December 3, 2022 SOURCE FOR PURCHASE. RFP 004-1710-1911T ACCOUNT NUMBER: 522-1710-519.49-17 VENDOR(S): Commercial Risk Management, Inc.; TRISTAR Risk Enterprises Management. Inc. ANNUAL ESTIMATE. $40,000 DESCRIPTION: On December 4, 2018 City Commission authorized the City Manager to sign agreements with Commercial Risk Management, Inc. of Tampa, FL for Worker's Compensation Claims and TRISTAR Risk Enterprises Management, Inc. of Long Beach, California for Property and Casualty Claims in accordance to RFP No. 004-1710-19/IT for Third Party Administration of Workers' Compensation, Property and Casualty Claims. The Initial Term of the Agreement for both vendors was three (3) years with the option to renew for two (2) additional one-year terms at the discretion of the City and based upon mutually agreeable rates. This renewal will be the 1 st renewal term at the same terms, conditions and pricing. Renew the agreement term from December 4, 2021 thru December 3, 2022. REQUESTING DEPARTMENT. ITS DEPARTMENT CONTACT. Charles Stevens TERM: October 2, 2021 to October 1, 2022 SOURCE FOR PURCHASE. Piggy -Back off the City of Newport News, Virginia ACCOUNT NUMBER: 001-1510-513-41-10 VENDOR(S): IPC Technologies, Inc. ANNUAL ESTIMATE. $26,000 DESCRIPTION: On January 5, 2021, Commission approved the City of Boynton Beach to utilize the City of Newport News, Virginia Contract Number 19-3441-00 for the purchase of Mitel Software and Hardware support services from IPC Technologies. The initial contract term was for one (1) year commencing on October 2, 2019, with an option to renew at the City of Newport News sole discretion, four (4) additional one-year periods through October 1, 2024. Renew the one-year term for October 2, 2021 through October 1, 2022. 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 Ipiper@rryboca.us for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. 2018-001 Description/Title: Aggregates, Top Soils and Sand Initial Contract Term: Start Date: 11/15/2017 Renewal Terms of the Contract: 2 Renewal No. 1 Renewal No. 2 Renewal No. (No. of Renewals) Start Date: 11/15/2020 Start Date: 11/15/2021 Start Date: SECTION #1 VENDOR AWARD Vendor Name: Austin Tupler Trucking, Inc. End Date: 11/14/2020 Renewal Options for 1 year (Period of Time) End Date: 11/14/2021 End Date: 11/14/2022 End Date: Vendor Address: 6570 SW 47th Court, Davie, Florida 33314 Contact: Glen D. Tupler Phone: 954-583-0801 Fax: 954-583-0844 Cell/Pager: Email Address: tupler@bellsouth.net Website: FEIN: 59-1426412 VENDOR AWARD Vendor Name: Florida Superior Sand, Inc vendor Address: 6801 Lake Worth Road, Suite 124, Greenacres, FL 33467 Contact: Marion A. Jefferson Phone: 800-741-8258 Fax: 561-969-3114 Cell/Pager: Email Address: fss5901@aol.com Website: FEIN: 65-0085242 Page 785 of 1174 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: 11/15/2017 Resolution/Agenda Item No.: 17-146 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION #3 Agency Name: Agency Address: Agency Contact: Telephone: LEAD AGENCY City of Margate 5790 Margate Boulevard, Margate, FL 33063 Wylene Sprouse Email purchase@margatefl.com 954-935-5346 Fax: 954-935-5258 Page 786 of 1174 t hereby a@to a one, (1) year extension of the subject bid at the same terms and conditions. Glen rupler Printed'Nar'ne Austin Tupler Trucking, Inc. President Title 8/11/21 Date Finance Departnient 5790 Mwgate Boulev'vd, Mar(lljato, FL -3,3063 - Phone: (954) 972-6454 - Fav (954) 935-5?58 W%AeVVA'TMr'( Idt(Ifl COTTr Page 787 of 117 C Q Y' MARGA IT August 4, 2021 Austin Tupler Trucking, lnc ATTK Glen Tupler - President 6570 S.W 471" Court David, FL 33314 City, Cor nmission SUBJECT: Furnish and Deliver Aggregates, Top Soil and Sand (Co -Op Bid) Mayor Adene R Sm iwiatr Bid No, 2018-001, Contract Renewal Option No, 2 Vice �"Vlayoir ArftnYo V Ar, it F io Anfl'tony M Cagqi,',,ino Dear Mr. Tupler: foinviny Rn,jz;,ma kmnn, Shrnorua The contract term for Bid No. 2018-001 expires on November 14, 2021. The City of Margate is offering a one (1) year renewal option effective November 15, 2021 through November 14, 2022. City Mana,Fjer All terms, conditions, and specifications of the contract shall remain as awarded in the bid Cakcurti!re documents. After this contract renewal, there will be no additional renewal options available. Please sign below to confirm your agreement to renew the contract for an additional one (1) Interirn City Attorney year terra, and email a copy to the Purchasing Division, at Ptjrchase(@-m2mg!qfly conI. The Werss Serota Hplfman COIL, & signed original of the letter must be mailed or delivered to the Purchasing Division at the address Biiem'iari, PA., listed below. I can be reached at (954) 93,5-5346 should you have any questions or concerns. City Cleric Jos(q'ah J, Kavamgh' MMC Sincerely, Lir-ry"--V'ignoIa Acting City Manager t hereby a@to a one, (1) year extension of the subject bid at the same terms and conditions. Glen rupler Printed'Nar'ne Austin Tupler Trucking, Inc. President Title 8/11/21 Date Finance Departnient 5790 Mwgate Boulev'vd, Mar(lljato, FL -3,3063 - Phone: (954) 972-6454 - Fav (954) 935-5?58 W%AeVVA'TMr'( Idt(Ifl COTTr Page 787 of 117 a August 4, 2021 Superior Sand, lnc iY M AT N. Marion Jefferson Treasurer MAR(--iAl- 11:�- 6801 Lake Worth Road, Suite 124 Greenacres, FL 33467 SUBJECT: Furnish and Deliver Aggregates, Top Soil and Sand (Co -Op Bid) Bid No. 2018-001, Contract Renewal Option No. 2 Dear Ms. Jefferson: The City of Margate is offering renewal option No. 2 for your firm's awarded portion of our Bid is Coinvirriission No. 2018-001. 'The renewal will include the adjustments previously agreed to in Renewal option Myoriene i�t, Schwartz No. I which approved your firm's withdrawal of bid pricing for ortona sand, mason sand, and Vice M,,yor kitoiiio V Arse� io trap sand #70 from all zones. Additionally, this renewal shall include the alternative products AnOloily Ivr Caqgirinc� and pricing offered and accepted in renewal option No. I for the alternative product PC #180 Sand (USGA Top Dressing Sand) in place of ortona sand for Zones 1, 2, and 8. Fommy RuZZIAM) bwirP e Shn�om This one (1) year renewal option shall be effective November 15, 2021 through November 14, 2022. All terms, conditions, and specifications of the contract, except as noted above, shall City IWariager remain as awarded in the bid documents. After this contract renewal, there will be no additional rMIe Curtis renewal options available. Please sign below to confirm your agreement to renew the contract for an additional one (1) Interini City Attwirney year term, and email a copy to the Purchasing Division, at ( U,irchase,@AL�,.IgI[g@ The weisa Sorcita Heifrywn Coie Est signed original of the letter must be mailed or delivered to the Purchasing Division at the address 13wermail, P.L. listed below, City Cleirk l can be reached at (954) 935-5346 should you have any questions or concerns. uc>sei-,h ) i(avwi,agh, vmc Sincerely, ... . ...... .. ... . ... Lz6y Vignola Acting City Manager I,her 6by agree to a one (1) year extension of the subject bid at the same terms and conditions. U Al < 4 C,- 0 Signature Printed Name Title (9 Company Name r Date Fiiiiaiilce Depao-tnierit `,/90 iMargaicx i3mflevard, Margate, F -i- 33063 - Phone! (954) 972--64S4 -Fax(954) 93S-5,158 wwwimirgatefl.com coin Page 788 of 1174 The City of it 1' Beach ' Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 September 27, 2021 Commercial Risk Management, Inc. Attn: Susan Theis, President PO Box 18366 Tampa, FL 33679 VIA EMAIL TRANSMITTAL TO: sthei 0crrn-su.com RFP.: THIRD PARTY ADMINISTRATION FOR WORKERS' COMPENSATION, PROPERTY AND CASUALTY CLAIMS RFP No.: 004-1710-19/IT CURRENT BID TERM: DECEMBER 2,2021 — DECEMBER 3, 2022 Dear Ms. Theis: The current bid term for "THIRD PARTY ADMINISTRATION FOR WORKERS' COMPENSATION, PROPERTY AND CASUALTY CLAIMS" expires December 3, 2021. The agreement documents allow for two (2) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 1st renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pjatttf6bbf1.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, 111oxa-Giu," Mara Frederiksen Director of Financial Services tp Page 789 of 1174 America's Gateway to the Gulf Stream Tile City of V(cm E, bun Beac4i Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 September 27, 2021 RPF: THIRD PARTY ADMINISTRATION FOR WORKERS' COMPENSATION, PROPERTY AND CASUALTY CLAIMS RFP No.: 004-1710-19/IT Agreement between the City of Boynton Beach and COMMERCIAL RISK MANAGEMENT, INC. AGREEMENT RENEWAL TERM: DECEMBER 2, 2021— DECEMBER 3, 2022 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) COMMERICAL RISK MANAGEMENT, INC. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) .- 1,,.° DATE E-MAIL.... s NATURE TITLE (AREA CODE) TELEPHONE NUMBER Page 790 of 1174 America's Gateway to the Gulf Stream The City of 3m�­" "p, 100 E Ocean Avenue Boynton Beach, FL 33435 P.0, Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 TRISTAR Risk Enterprises Management, Inc Attn: Jimmy Dyer, Director of Sales 100 Oceangate, Suite 700 Long Beach, CA 90802 VIA EMAIL TRANSMITTAL TO: . ....... .. RFP.: THIRD PARTY ADMINISTRATION FOR WORKERS' COMPENSATION, PROPERTY AND CASUALTY CLAIMS RFP No.: 004-1710-19/IT The current bid term for "THIRD PARTY ADMINiSTRATION FOR WORKERS' COMPENSATION, PROPERTY AND CASUALTY CLAIMS" expires December 3,2021. The agreement documents allow for two (2) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its V" renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to at our earliest convenience. If you should have any questions, please do not hesitate to y contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Page 791 of 1174 The City of nBeach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 nPF.THIRD PARTY ADMINISTRATION FOR WORKERS' COMPENSATION, PROPERTY AND CASUALTY CLAIMS AGREEMENT RENEWAL TERM: DECEMBER 2,2021 —DECEMBER 3,2022 X 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) Matthew 22i-, NAME OF REPRESENTATIVE (please print) DATE c4 M,qtthpim (minno friQtqrrirni in not I ENG, "I NMI 609-L95-0001 Ext, 3845 Page 792 of 1174 Vendor CITY OF NEWPORT NEWS, VIRGINIA OFFICE OF PURCHASING 2400 Washington Avenue Newport News, VA 23607 www.nnva.gov/purchasing (757) 926-8721 IPC TECHNOLOGIES, INC SUITE 100 7200 GLEN FOREST DR RICHMOND, VA 23226 Vendor Number 4481 CONTRACT SUMMARY/ CONTRACT RENEWAL Page 1 of 1 CONTRACT DESCRIPTION VIITEL VOIP TELEPHONES AND INFRASTRUCTURE CONTRACT DETAILS Contract # 19-3441-00 Department INFORMATION TECHNOLOGY Contract Officer Jacob T. Van Dyke 757-926-3040 jvandyke@nnva.gov Sta rt: 10/02/2019 Current Term End: 10/01/2022 Final Option End: 10/01/2024 SEPTEMBER 20, 2021 CONTRACT RENEWAL THE CITY IS EXERCISING THE SECOND RENEWAL OPTION YEAR FOR THE ABOVE REFERENCED CONTRACT THROUGH OCTOBER 1, 2022. THE RENEWAL IS ISSUED UNDER THE SAME TERMS AND CONDITIONS OF THE INITIAL CONTRACT. THE REQUIRED INSURANCE COVERAGE SHALL BE MAINTAINED DURING THE ENTIRE RENEWAL TERM. PLEASE CONTACT THE CONTRACT OFFICER NOTED ABOVE WITHIN 7 DAYS OF RECEIPT OF THIS RENEWAL DOCUMENT IF YOUR FIRM DOES NOT ACCEPT THE RENEWAL. ALL REQUESTS FOR CONTRACT MODIFICATIONS MUST BE SUBMITTED TO THE CONTRACT OFFICER IN THE OFFICE OF PURCHASING FOR CONSIDERATION. A BLANKET PURCHASE ORDER OR INDIVIDUAL PURCHASE ORDERS WILL BE ISSUED WHEN GOODS ARE SERVICES ARE REQUIRED BY THE CITY. THE PRIMARY USER OF THE CONTRACT IS THE DEPARTMENT OF INFORMATION TECHNOLOGY, HOWEVER SERVICES MAY BE UTILIZED BY OTHER DEPARTMENTS WHEN APPROPRIATE. Page 793 of 1174 Consent Agenda 10/19/2021 Requested Action by Commission: Proposed Resolution No. R21-140 - Approve a $10,000 increase to the agreement with The Wag Group needed for sign language interpreting services due to the increased frequency of public meetings and community events. Explanation of Request: Resolution R21-040 was passed on April 20, 2021 for the City to contract with The Wag Group to provide American Sign Language (ASL) interpreting for commission meetings, events, and other occasions when an interpreter is needed to provide effective communication with individuals who are deaf. The Resolution includes a limit of $25,000, as read in Section 2. "The City Commission approves to Authorize the City Manager to execute a one-year agreement with The Wag Group as primary vendor and a one-year agreement with Nationwide Interpreter Resource as a secondary vendor for American Sign Language Interpreting Services in an amount not to exceed amount of $25,000". For the fiscal year of FY20/21, there have been an estimated total of $34,940 paid to The Wag Group for interpreting services, including payments made from October 1, 2020 to September 30, 2021. This amount has exceeded the anticipated $25,000 for various reasons. An interpreter was provided upon request at the City's Covid-19 Vaccination Site. An interpreter has been provided upon request for attendees at various City programs and events throughout the year. The City also ensures an interpreter is available for public informational videos, public input meetings, emergency notices, and in press conferences. Additionally, the City has an employee who an interpreter is provided for departmental meetings as needed. There are also members of the City's Inclusion Support Team from a local organization, South Florida Deaf Senior Citizens (SFDSC), who will attend Inclusion Support Team meetings and various City meetings and events throughout the year. Staff is requesting an amendment to Resolution R21-40, to increase the annual amount to $35,000, to ensure there are adequate funds available to provide ASL interpreters as needed throughout the year. How will this affect city programs or services? As it is imperative the City continue to strive for inclusion, effective communication for the Deaf community should be held as a high priority. The ADA requires that title II entities (State and local governments) communicate effectively with people who have communication disabilities. The goal is to ensure that communication with people with these disabilities is equally effective as communication with people without disabilities. Fiscal Impact: Funds are available in the 103 fund to cover the additional expenses. Alternatives: Strategic Plan: Strategic Plan Application: Page 794 of 1174 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 111 D IRE)S()l� LA ti 0 111 Description RE)SOkAboin appiroviing a LL$1 , liir cir'EsaSE�' taxa thE�' (�,L.Jlir,ir'Esll'ItAgir'EsEsirTIEsll'Itwiitlh thE) VV I:::; (3;ir'0L.J1lP, R21 040 Page 795 of 1174 1 RESOLUTION NO. R21- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING A $10,000 INCREASE TO THE AGREEMENT WITH 6 THE WAG GROUP; AND PROVIDING AN EFFECTIVE DATE. 7 8 9 WHEREAS, Resolution R21-040 was passed on April 20, 2021 for the City to contract with 10 The Wag Group to provide American Sign Language (ASL) interpreting for commission meetings, 11 events, and other occasions when an interpreter is needed to provide effective communication 12 with individuals who are deaf; and 13 WHEREAS, Staff is requesting an amendment to Resolution R21-040, to increase the 14 annual amount to $35,000, to ensure there are adequate funds available to provide ASL 15 interpreters as needed throughout the year; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in 17 the best interests of the citizens and residents of the City of Boynton to approve a $10,000 18 increase to the current agreement with The Wag Group. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission hereby approves a $10,000 increase to the current 25 agreement with The Wag Group. 26 S:ACA\RESO\Agreements\The WAG Group - Interpreting Services(2021)Extension - Reso.Docx Page 796 of 1174 27 Section 3. This Resolution shall become effective immediately upon passage. 28 29 PASSED AND ADOPTED this 19th day of October, 2021. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, CMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\The WAG Group - Interpreting Services(2021)Extension - Reso.Docx YES NO Page 797 of 1174 1 RESOLUTION NO. R21-040 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO 6 EXECUTE A ONE-YEAR AGREEMENT` WITH THE WAG GROUP AS 7 PRIMARY VENDOR AND A ONE-YEAR AGREEMENT WITH 8 NATIONWIDE INTERPRETER RESOURCE AS A SECONDARY 9 VENDOR FOR AMERICAN SIGN LANGUAGE INTERPRETING 10 SERVICES IN AN AMOUNT NOT TO EXCEED AMOUNT OF $25,000.00; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, in compliance with the Americans with Disabilities Act, one of the ways 15 in which the City provides equal access to programs, services and activities is by providing an 16 American Sign Language interpreter for individuals who are deaf and require an ASI., Interpreter 17 for effective communication on an "as needed" basis; and 18 WHEREAS, the City initially entered into agreement with these two firms in December 19 2016 and providing interpreter services has proven to be beneficial to our community; e.g., all 20 Commission meetings use these interpreter services, and 21 WHEREAS, by renewing agreements with these two firms, the City will ensure 22 interpreter services for all meetings, events, and education programs as needed; and 23 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida deems it to be 24 in the best interests of the citizens and residents of the City of Boynton to approve and authorize 25 the City Manager to execute a one-year agreement. with The WAG Group as primary vendor and 26 a one-year agreement with Nationwide Interpreter Resource as a secondary vendor for American 27 Sign I...,anguage Interpreting Services in an amount not to exceed amount of $25,000.00. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA, THAT - S \(WRIN\AgreenicnisAS1, Interprethng Agreements - Reso Doex Page 798 of 1174 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 Cornmission hereby approves Authorize the City Manager to 34 execute a one-year agreement. with The WAG Group as primary vendor and a one-year agreement 35 with Nationwide Interpreter Resource as a secondary vendor for American Sign Language "CR ON Interpreting Services in an amount not to exceed amount of $25,000.00, copies of which are attached hereto as Exhibits "A" and "B" respectively, Section 3. This Resolution shall become effective immediately upon passage, PASSED AND ADOPTED this 20th day of April, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor Steven B. GrantIV/ . . . .................. . . Vice Mayor - Ty flenserga Conimissioner - Justin Katz Commissioner -- Woodrow L. I Jay Commissioner - Christina L Rorne]LIS VOTE _47 FATIMM Tammy Statizi ne I Deputy City ..Ierl< (Corporate Seal)� S,\('A\RlS(,)\Agi-cemeiit,s\ASI., Interpretting Xgeonents- Reso Docx Page 799 of 1174 WAG G R 0 U P CONNECTING PEOPLE, PLACES AND THINGS .. . This agreement between The City of Boynton Beach and The WAG Group, a Florida Corporation, for professional American Sign Language interpresting services to be provided by The WAG Group. RATES: The services hired are for The Wag Group to provide professional ASL interpreteing services, as needed* and ADA/ASL Education for employees as requested by the City of Boynton Beach at the agreed upon rate of $150.00 per hour, with a two hour minimum, per event, per interpreter, and a rate of $70.00 per hour for every hour thereafter. Additionally, The WAG Group will invoice The City of Boynton Beach for expense including mileage for events outside Palm Beach County only, parking costs, admission to contracted events. *Any event lasting for more that two (2) hours will facilitate the need of at least two (2) interpreters, and may require more interpreters, depending on the scope of the event, and by mutual agreement between the City of Boynton Beach and The WAG Group. CANCELLATION POLICY: The WAG Group will contract each event as requested and invoice on a per event basis, as hours and expenses are incurred. Cancellation of an assigned event less than two (2) business days will be billed out at 50% of the 2 hour minimum contracted price for as many interpreters that had been contracted. AGREEMENT TERM: This agreement is in effect from April 21, 2021 thru April 20, 2022, and may be extended with both parties approval for one (1) year term beginning April 20, 2022. This agreement may be terminated by either party at any time with thirty (30) days written notice. Any monies due to The WAG Group at the time of termination will be due in full within 30 days of termination. The WAG Group will not be held responsible for the content of any and all presentations / conversations that our interpreters may be hired to interpret for The City of Boynton Beach, 312 Greenbrier A I West Palm Beach, Florida 33417 1 305 720-4225 1 mrsfevewaq I @aot.coni Page 800 of 1174 WAGGROU11.") CONNECTING PEOPLE, PLACES AND THINGS .. . umm mor-XIM "mogwilwo "-=EE= M 1, The WAG Group will keep and maintain public records required by the CITY to perform the services. 2. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that •r` not exceed the cost provided in chapter 119, Fla, Stat. or as otherwise provided by law. 3. Ensure that public records that are exempt or that are confidential and • from public record disclosure • are not disclosed `• as authorized by law for the duration of the • term, and following completition of the contract, Contractor shall destroy all copies • such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY. 4. •r completion of the • Contractor shall transfer to the CITY, at no • to the CITY all public records in Contractor's possession. All records stored electronically • Contractor must be provided to the CITY upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5. IF THE CONTRACTOR HAS ANY 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: (CITY CLERK) 100 E Ocean Avenue 561-742-6061 CITYCLERK@BBFL.US Page 801 of 1174 WAGGROUP CONNECTING PEOPLE, PLACES AND THINGS .. . Boynton Beach r_1 T -Tr -r. rl", r-TiTa F -IT, M I Ii I I Til Ii I I F-ITO ra In By executioncif this Agreement, inaccordance with the requirements of F.S. 287.135 and F.S. 215.473, Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that boycott list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sectorl-ist, or has Contractor been engaged in business opertions in Syria. Subject to limited exceptions provided in state law, the city will notcontract for the provision of goods or services with any scrutinized company referred to above. Submitting a false cetification shall be deemeda materialbreach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certifiction. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during theactive 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 thenthe City shall have the right to terminate the contract and seekcivil remedies pursuant to Section 287-135, Florida Statutes, as amended from time to time. 312 Greenbrier A I West Palm Beach, Florida 33417 1 305 720-A225 I mrstevewagl@aol.com Page 802 of 1174 momma. CONNECTING PEOPLE, PLACES AND THINGS Boynton Beach Agreement, April 21, 2021-- April 20, 2022 ME ff'= #W,T6r'TF6!l "I'll, D!F -, I T6( one and the same agreement among the parties R RIA!"N. M Signature (for The WAG Group) 312GreenbrierA I West Palm Beach, Fl 33417 1 305720-4223 1 mistevewaq1@aoI,colln Page 803 of 1174 :Shj :NIL ..Ms. PRr,r1so;sV0W1 P.O. Box 272.142 Boca Raton, FL 33427 PH#: 561-362-0594 F:561-362-97115 NationwidelnterpreterReSOLirceCgmail.com SERVICE AGREEMEN'I'FOR SIGN LANGUAGE IN'YERPRETING SERVICES The undersigned client(s) (hereafter "client") hereby retain(s) Nationwide Interpreter Resource, Inc. (NIR), as his/her/their sign language interpreting service agency. While NIR. will use its best efforts to provide qualified interpreter to client when requested, NIR cannot, guaranty the availability of art interpreter at the date and time requested. Clientwill provide NIR with as much advance notice as possible to help assure the availability of an interpreter, RATES: As compensation for interpreting services, client agrees to pay an initial fee of $180.00 per interpreter for up to two (2) hours and $90.00 each additional hour, plus mileage at 56 cents per mile and parking fees (billed on the 1/2 hour). Assignments beyond two (2) hours OR conference/legal/political/public hearing setting or HOA meeting or theatricaUstage or multiple deaf participants or deaf/blind require two (2) interpreters, AGREEMENT TERM: This agreement is in effect from April 21, 2021 thru April 20, 2022, and may be extended with both parties approval for one (t) year term beginning April 20, 2022. This agreement may be terminated by either patty at any time with thirty (30) days written notice. EMERGENCY REQUESTS: For emergency (less than 24 business hour notice), weekend and after hours (before 9arn or after 5 pill) and Tri -Lingual assignments, Client agrees to pay an initial fee of $210,00 per interpreter for up to two (2) hours and $105.00 each additional hour, plus mileage at 56 cents per mile and parking fees (billed on the V2, hour). Client will be billed for total number of hours requested with a 2 hour minimum. If the assignment goes beyond scheduled time, client will be billed $105.00 each additional hour, per interpreter (billed on the '/2 hour) plus mileage at 56 cents per mile and parking fees, CANCELLATION POLICY: The fee shall be due and payable under all circumstances unless the assignment is canceled in the manner described below. Client will be billed following the assignment for interpreting set -vices incurred. Assignments canceled less than one (1) business day prior to the assignment will be billed in full. For example, a Monday assignment at 9:00 am not canceled before Friday at 9:00 am of the prior week will be billed for the entire time of the assignment. PAYMENT" TERMS: Client agrees that the invoices will be paid upon receipt and otherwise not beyond ten (10) days of the date of the invoice. Payment should be paid via credit card provided or if authorized mailed to the address indicated above. Prices stated are subject to change without notice. If services are tendered after price increase, Client is obligated to pay fee. In the event any collection efforts are commenced and NIR incurs attorneys' fees and costs, such attorneys' fees and costs shall be obligation of Client whether incurred in litigation or otherwise. Balances that remain unpaid after ten days from the date of the invoice shall bear interest at the rate of 18% pre annum. Any attorney fees and costs incurred in collection of delinquent sums shall be borne by Client. This Agreement may be signed by 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. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: NIR 90/105 Page 804 of 1174 A. Keel) and maintain public records required by the CFfY to per the service; B. Upon request 1rorn the ('TI'Y's custodian of public records, provide the CFfY 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 ill chapter 119, Fla. Stat. or as otherwise provided by law, - C, E'nsure 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 lot - the duration of the contract terin all(], following completion of:, the contract, Contractor shall destroy all Copies Of' Such COnfidential an(] exempt records rernaining, in its possession once the Contractor transfers the records in its possession to the arY; and D� Upon completion of" the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the (ATY, upon request ftorn the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF TH E CONTRACTOR HAS QUESTIONS REGARDING I'll E APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS REI..,ATINC TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061. (TYYC US Sci-utinized Companies By execution of this Agreement, in accordance with the requirements ofl`.S. 287-1 35 and F',S, 215.473. (..,ontractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is riot on the Scrutinized Companies that Boycott Israel list, not oil the Scrutinized C.orripanies with Activities in Sudan List, and not. oil the Scrutinized Companies with Activities in the Iran Petrolet.1111 Fnergy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will riot contract for the provision of goods or services with any scrutinized company referred to above, Submitting a false certification shall be deerned a material breach ol'contraci. 'floe City shall provide notice, in writing, to Contractor of the (.1ty's determination concerning the false certification. Contractor shall have live (5) days from receipt ot'notice to refute the false certification allegation. It' Such false certification is discovered during the active contract terra, Contractor shall have ninety (90) days following, receipt of the notice to respond in writing and demonstrate that the determination offalse certification was made in error. It' (..'.ontractor does not demonstrate that the ('ity's determination offalse 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 frorn time to firne. Nationwide Intei-pretei- Resource, Inc. By: &Wle WW�Ww e e une B. Go -Jon, as its President only .�Cn� B �Gor ( Date:As TO FM 4/8/21 "7 Mivt -T NIR 90/105 G a k &,Te -f F—,,&—TY—A-F�ToRNEY Client: City of Signature: - - - ------- --- - . _WW"Do" 1 *010 pf 0_1 Date: C:1 Consent Agenda 10/19/2021 Requested Action by Commission: Approve the piggyback of RFP 2017-71500-01 issued by Library of Virginia, on behalf of Mid Atlantic Library Alliance, Inc. (MALTA) to Ingram Library Services, LLC. for an estimated annual expenditure of $50,000. The City of Boynton Beach is a member of MALTA. This RFP meets the competitive bid requirements for the City of Boynton Beach. Explanation of Request: Contract Renewal Term: July 1, 2021 through June 30, 2022 The Mid Atlantic Library Alliance, (MALTA), is a consortium of over 225 public, academic, school, and special libraries. The organization has grown to include libraries throughout Virginia as well as member institutions in Tennessee, North Carolina, West Virginia, Kentucky, Alabama, and Florida. The City of Boynton Beach has been a member since March 10, 2016. This contract was issued in 2017 for three years with two additional one-year renewal options. This is the last renewal option. As a member of Mid Atlantic Library Alliance, Inc. (MALTA), the City benefits from the buying strength of multiple governmental agencies: Delray Beach, North Palm Beach, and Boynton Beach, resulting in lower pricing for the items. The City purchases Adult Fiction and Non -Fiction, Audio Visual Materials, and J uvenile/Young Adult Fiction and Non -Fiction items from Ingram Library Services. How will this affect city programs or services? Allows the library to provide quality materials for the residents of the City of Boynton Beach. Fiscal Impact: B udgeted: Library Collection 001-2610-571.66-01 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 806 of 1174 Is this a grant? Grant Amount: Attachments: Type D Cointiract D Cointract D Cointract Description I ingirairn I Jbirairy Cointiract 2017 2020 I ingirairn I Jbirary 2020 2021 I ingirairn I Jbirary 2021 2022 Page 807 of 1174 STANDARD CONTRACT Contract Number: 2017-71500-01 ']'his contract entered into the I St (lay Of July 2017, by Ingrain Library Services, LLC hereinafter called the "Contractor" and Commonwealth of Virginia, hc Library of Virginia, called the "Purchasing Agency." WITNESSETH that the Contractor and the Purchasing Agency, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows: SCOPE OF CONTRACT: The Contractor shall provide the goods/services to the Purchasing Agency as set forth in the Conti -act Documents. PEMOD OF PERF"ORMANCE: From July 1, 2017 thrOUghJUne 30, 2020 with two One-year additional renewal periods. I"he contract dOCUn1CntS shall consist of: ( I ) "Phis signed form; (2)The following portions of the Request for Proposal #2017-71500-01 dated April 10, 2017: (a) 'rhe Statement of'Needs, (b)The General Terms and Conditions, (c) The Special Terms and Conditions (3)The Contractor's Proposal dated April 28, 2017, all of which documents are incorporated herein. IN WITNE"I'SS WHEREOF, the pat -ties have caused this Contract to be duly CXCCUted intending to be bound thereby. c7R CTOR.: PU RCI ]AS ING AGENCY: By: fly: Title: Vice President, Sales Title: Note: This, public body does not discriminate against faith -based organizations in accordance with the Code of Virginia, § 2,2-4343.1 or against a bidder or offeror because of'race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment. Page 808 of 1174 Submitted By: INGRAMOD One Ingram Blvd. La Vergne, TN 37086-1986 Federal ID # 62-1746696 (800) 937-5300 Page 809 of 1174 April 25, 2017 Mid -Atlantic Library Alliance ( Cmnm|ea Newsome, Contract Administrator John Cook Wyllie Library University ofVirginia's College atWise One College Avenue Wise, VA24293 Re: Request for Proposal Library Materials Due: April 20L2017at4:0QPM0 Dear Ms -Newsome: Thank you for including Ingram Library Services LLC in your search for a vendor to provide library materials to the Mid -Atlantic Library Alliance /K4AUAJ. We are Very excited for this opportunity to present our proposal for continued partnership with your libraries. As an |mgmann Content Group company, we offer m full range of services, content, and added - value to libraries. With our unmatched on -hand inventory ofbooks and materials, Ingram truly offers "one-stop shopping" for our library customers. With decades of experience in distributing library materials, we serve libraries with a wide range of collection development, processing, and cataloging services. Our goal is to continue to partner with the K4ALiAto serve your member libraries with materials and services that support their missions to their patrons. Should you have any questions regmrding|ngram/s proposal, please feel free tocontact Patrick K4cBhiney, Sr. Contract Management Specialist at /800\ 937-5300. extension 35721. He may also bereached byemail Gt orbyfaxat(615)213-6004. Best Regards, Pamela R. Smith Page 810 of 1174 REQUEST FOR PROPOSAL Issue Date: April 10, 2017 Title: Library Materials Commodity Codes: 71510,71512,71535, 71505, 71590 Issuing Agency: Library of Virginia, on behalf of Mid -Atlantic Library Alliance (MALTA) Carolea Newsome, Contract Administrator John Cook Wyllie Library University of Virginia's College at Wise One College Avenue Wise, VA 24293 Using Agency: Library of Virginia on behalf of Mid -Atlantic Library Alliance (MALiA) Initial Period of Contract: From July 1, 2017 through June 30, 2020 with two one-year additional renewal periods. Sealed Proposals Will Be Received Until 4:00 p.m. (Eastern Standard Time) on Friday, April 28, 2017, For Furnishing The Services Described Herein. All Inquiries For Information Should Be Directed To: Carolea Newsome, Contract Administrator, 276/328-0152 (V), 276/455-9374 (C), or NIA q. IF PROPOSALS ARE MAILED, ARE HAND DELIVERED OR EXPRESS MAILED, SEND DIRECTLY TO THE ISSUING AGENCY SHOWN ABOVE. In compliance with this Request For Proposals (RFP) and all conditions imposed in this RFP, the undersigned firm hereby offers and agrees to furnish all goods and services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation, and the undersigned firm hereby certifies that all information provided below and in any schedule attached hereto is true, correct, and complete. Name and Address of Firm: Ingrain Library Services LLC One Ingram Blvd. La Vergne, TN 37086 Date: April 25, 2017 By: Pamela [. Smith Name; (Signature in Ink) eVA Veifdor ID or DUNS E26846 (Please Print) Fax Number: (615) 213-6004 Title: Vice President, Sales E-mail Address: flsbids( Ileguoin Telephone Number: (800) 937-5300 Page 811 of 1174 MALTA Request for Proposal — Library Materials Page 1 REQUEST FOR PROPOSAL Ingram understands the terms and conditions set forth in the Request for Proposal. We would like to elaborate upon the following specific items: III. STATEMENT OF NEEDS Ingram leads the industry in maintaining the largest on -hand inventory of over 14,000,000 unique titles, representing over 50,000 book publishers and imprints. Our unmatched nationwide inventory of over 20,000,000 books ensures the highest fill rates in the industry. Our on -hand inventory represents the largest range of publishers in the wholesale distribution business today including all binding types and formats as well as university press, small press and specialty publishing houses. Ingram stocks not only new best sellers, but also the deepest inventory of midlist and backlist titles of any vendor. Ingram can provide adult, young adult, and juvenile fiction and nonfiction titles in all subjects in a variety of bindings, including trade hardcover, trade paper, mass market paper, large print, short discount and small press, university press, single library editions, publisher's library editions, graphic novels, board books, easy readers, picture books, pre -bound books, and big books. Our inventory includes over 17,500 prebound titles from Perfection Learning and San Val (Turtleback Books). Additionally, Ingram can provide paperback prebinding services through our partnership with HF Group, formerly Heckman Bindery, Inc. Our spoken word audio inventory includes 109,000+ titles, including abridged and unabridged editions including CD, MP3 and Playaway formats. We also inventory more than 400,000 music titles on Compact Disc, from classical to popular titles. With 79,000+ DVD and 12,000+ Blu-ray titles, Ingram offers one of the most comprehensive inventories of DVDs in the country. Ingram represents more than 500 video suppliers with titles in categories such as popular box office, foreign and independent films, and family films. We also provide an extensive line of nonfiction and children's titles. Through our supplier, Ingram Entertainment, we provide access to nearly 1,000,000 DVD volumes. Our video game inventory includes over 2,000 titles from the following platforms: PlayStation02 (PS2), PlayStation 3 (PS3), PlayStation 4 (PS4) Xbox 3600, Xbox One, Nintendo@ WiiTM, Nintendo Dual Screen TM (Nintendo DS), and PlayStation@Portable (PSP). Ingram currently inventories over 250,000 Spanish titles in our distribution centers, including adult and children's titles. We provide a limited number of spoken word audio titles in Spanish language. We also provide domestic video titles that have been dubbed or subtitled in Spanish and non-domestic Spanish video. Should a library order books not currently stocked by Ingram, we will attempt to order the book if available on the open market through normal U.S. wholesale channels. Turnaround time will be dependent upon publisher availability, however, due to our long-standing relationships with publishers, we estimate one to three weeks on available items and 60 to 90 days on special order items not currently in stock at the publisher. , ,I Page 812 of 1174 MALTA Request for Proposal — Library Materials Page 2 VI. GENERAL TERMS AND CONDITIONS J. PAYMENT Payment terms under this contract shall be 1% 10 Days/Net 30 Days. Payment is required for invoices within these terms even when a purchase order has not been completed. Ingram does not invoice for items until they have been shipped. Ingram offers a 1% cash discount on payments made within 10 days of statement date. Payments must be postmarked by the 10th of the month to qualify for the 1% discount. For payments submitted via ipage or Automated Monthly EFT Draft, the 1% discount is extended to the 25th of the month. Credit card payments are not eligible for this discount. This discount is shown on your invoice and must be taken at the time the invoice is paid and cannot be taken retroactively. These additional savings can be substantial when you take advantage of the prompt payment discount. While other vendors demand payment from invoice date, Ingram's terms are calculated on statement date at the end of each month. With payment due 30 days from statement date, the customer's payment is due an average of 45 days from invoice (30-59 days). Ingram reserves the right to assess a late charge on all past due invoices. For opening day collections, Ingram can store product and ship to you at an agreed upon date under the following terms. Items will be invoiced when they are moved to storage in an Ingram facility after receiving processing and cataloging services, and are payable within 30 days EOM. Ownership and title of said product passes to the Library upon invoice. Q. TAXES When setting up a new account under the terms of the contract, the library will be asked to provide a copy of their tax exemption certificate. S. TRANSPORTATION AND PACKAGING Orders will ship FOB Destination. Ingram defines FOB Destination as Ingram being responsible for the products until they are actually delivered to the library. Once the items have been delivered, liability lies with the receiving agency. Packaging In preparing books for shipment, our standard procedure is to stack the books on a cardboard base as a tight cube shape. The books are then wrapped in plastic and placed in a high test -weight box. Ingram is known for using the best boxes in the industry with the highest test weights. Paper and/or air pillows as dunnage are placed as needed in the carton before the box is closed and sealed. The shipping cartons Ingram uses have the highest recycled content allowed to maintain burst strength. U. ANNOUNCEMENT OF AWARD A Letter of Award should be sent to the attention of Bids and Contracts (Ingram Mail Stop 623) before you can order under this contract. Page 813 of 1174 MALTA Request for Proposal — Library Materials Page 3 V. DRUG FREE WORKPLACE Safety is taken seriously at Ingram. It becomes critical when the health and lives of associates and fellow workers are affected by an associate's actions. Because of the importance of safety and sound business practices, we take a strong stand against the possession or use of alcohol or illegal drugs on Company time or property. Ingram maintains a "drug-free workplace" policy that is made available to all associates through postings, plus inclusion on our Intranet site. Any work done under this contract will be in accordance with that policy. X. eVA BUSINESS -TO -GOVERNMENT VENDOR REGISTRATION Ingram is registered as an eVA Vendor. Our vendor number is E26846. VII. SPECIAL TERMS AND CONDITIONS E. CANCELLATION OF CONTRACT Ingram acknowledges. In the event of contract cancellation, any items invoiced by Ingram are due and payable upon termination. We ask that both parties use due diligence in reporting contract issues to allow the other party to research and resolve the issue before the contract is cancelled. H. SMALL BUSINESS SUBCONTRACTING AND EVIDENCE OF COMPLIANCE Ingram is requesting a full waiver on the Small Business Subcontracting requirements. This contract covers copyrighted material that is controlled by the library's ordering. We can only purchase a title from one specific publisher that supplies that specific title. Since Ingram is already a distributor of these materials, we are unable to subcontract this work. The nature of our business does not make it effective in cost and time to subcontract distribution. Please note that Ingram does utilize small business and M/WBE vendors whenever applicable in our day to day operations. J. RENEWAL OF CONTRACT Ingram acknowledges. We ask that the request to renew be submitted in writing a minimum of 90 days before the initial contract year is due to expire, to avoid any possible disruption in service. , ,I Page 814 of 1174 MALTA Request for Proposal — Library Materials Page 4 RFP REQUEST FOR PROPOSAL Title: Library Materials Mid -Atlantic Library Alliance, MALTA ATTACHMENT A Offeror Data Sheet QUALIFICATIONS OF THE OFFEROR: Offerors shall return a completed copy of this attachment with their proposals. Offerors shall exhibit sound business environment with experience in providing library materials, capability and capacity in all respects to fully satisfy the contractual requirements, including the number of years the offeror has been actively engaged in the business and favorable references from current accounts. To adequately evaluate proposals, MALiA requires the following information of all offerors. 1. YEARS IN BUSINESS: Indicate the length of time the contractor has been in business providing these types of goods and services. Years 53 Months Since 1964 2. REFERENCES: Offerors shall provide a list of 3 references where similar goods and/or services have been provided. Each reference shall include the name of the organization, the complete mailing address, the name of the contact person, telephone number and email address. ORGANIZATION ADDRESS CONTACT TELEPHONE 2.1. Tenn -Share, P.O. Box 331871 Nashville, TN 37203 Jenifer Grady, (615) 669-8670, execdirtenn-share.or& 2.2. Massachusetts Higher Education Consortium, 505 East Pleasant Street Amherst, MA 01003, Jacqueline Cashin, (413) 577-0573, icashin@mhec.net 2.3. Colorado Library Consortium, Kira Zimmerman, 7400 E Arapahoe Rd #75, Centennial, CO 80112, Kira Zimmerman (303) 422-1150, KZimmermanCclicweb.or 3. CONTRACT ADMINISTRATION: List full names and addresses of the contractor and any branch offices that may be responsible for administering the contract. , ,I Page 815 of 1174 MALTA Request for Proposal — Library Materials Page 5 3.1. Contractor: Name: Ingram Library Services LLC Address: 1 Ingram Blvd City: La Vergne State: TN Zip: 37086 3.2. Person to contact re proposal: Name: Patrick McElhinev. Sr. Contract Management Specialist Telephone: (800) 937-5300 Fax: (615) 213-6004 E -Mail: ilsbids@ingramcontent.com 3.3. Person to contact re changes during the life of the contract: Name: Christi Cunningham, Manager, Contracts and Sales Analysis Address: 1 Ingram Blvd City: La Vergne State: TN Zip: 37086 Telephone: (800) 937-5300 Fax: (615) 213-6004 E -Mail: ilsbids@ingramcontent.com 4. CUSTOMER SERVICE: 4.1. Contractor must have a sales representative for states served by Malia (Virginia, Tennessee, and North Carolina) Name: Derek Tolley, Senior Sales Representative Address: 14 Ingram Blvd. City: La Vergne State: TN Zip: 37174 Telephone: (615) 267-1617 Fax: (615) 213-5196 E -Mail: derek.tolley�ramcontent.com Derek is based out of Winston-Salem, NC. 4.2. Contractor must provide toll-free customer service telephone number and/or E - Mail, and an account representative must be assigned to the library to respond to problems (e.g., with orders, claims, renewals, invoices, credits) and provide management reports and data. Account Representative: John Mangrum, Inside Sales Representative Telephone: (800) 937-5300 Fax: (615) 213-5196 E -Mail:. ohn.mangrum@ingramcontent.com Web address: http://www.in&ramcontent.com/libraries , ," �r Page 816 of 1174 MALTA Request for Proposal — Library Materials Page 6 5. EXPERIENCE: In the space provided, give a description of the offeror's related work experiences that would demonstrate the offeror's ability to fulfill the contract. Include the extent to which your company is actively engaged in supplying, to libraries, materials of the type listed in this RFP. Ingram Content Group Inc. is part of the long tradition of successful companies built by the Ingram family of Nashville, Tennessee. Dedicated to helping content reach its destination by providing a broad range of physical and digital services to the book industry, Ingram Content Group has been a partner to librarians, educators, publishers, and booksellers for over five decades. Publishers rely on Ingram Content Group as a key provider of demand -driven print, digital, and marketing solutions. We provide reliable, cutting-edge responses to the questions our publisher partners have about the ever-changing opportunities in the book industry. No single source other than Ingram has the comparable experience, expertise, and connectivity in bringing supply chain management, and print and digital solutions to the market. Ingram is a privately held, family-owned corporation operating under the same ownership since our inception. The Ingram family is actively involved in the day-to-day operations of our company and has a vested interest in our customers' satisfaction. The Ingram Content Group is led by John Ingram. John serves as Chairman of the Board of Ingram Content Group. John joined Ingram Industries Inc. in 1986, and held a number of key positions with Tennessee Book Company and Ingram Book Company before being named Chairman & Chief Executive Officer of Ingram Content Group. John was named Chairman of the Ingram Industries Inc. Board of Directors in April, 2008, after having served as Vice Chairman of the Board for nine years. A tremendous advantage of being a family-owned company is the history and stability of ownership backing our long-term plans to remain the number one book vendor and service provider in the library market. Ingram Content Group's operating units are Ingram Book Company LLC including Ingram International and Spring Arbor Distributors®, Lightning Source LLC, VitalSource Technologies LLC, Ingram Periodicals LLC, Ingram Library Services LLC, Ingram Publisher Services LLC, Tennessee Book Company LLC, and Ingram Fulfillment Services LLC and ICG Ventures LLC. Ingram Library Services LLC To better support the unique needs of libraries, Ingram Library Services grew from a specialized department of Ingram Book Company in 1970 to a full-service library vendor. Because of our growth and success, Ingram Library Services incorporated in 1998 as a subsidiary of Ingram Industries Inc. Today we offer "one-stop shopping" for our library customers. Ingram provides librarians with immediate access to the largest selection of books, spoken word audio, DVD/Blu- ray titles, music CDs and other book -related products in the industry. Our full range of library value-added services includes comprehensive Collection Development support, Standing Order and Continuations programs, as well as shelf -ready cataloging and processing services customized to the library's specifications. , ,I Page 817 of 1174 MALTA Request for Proposal — Library Materials Page 7 Ingram Library Services LLC is headquartered in La Vergne, Tennessee, where our Inside Sales, Customer Care, Collection Development, Custom Cataloging and Processing, and Executive and Sales staffs are located. 6. COMPANY STABILITY: 6.1 Describe your company's financial stability, available equipment, and other resources that will ensure the delivery of acceptable services to MALiA. Ingram is a privately held, family-owned corporation operating under the same ownership since our inception. The Ingram family is actively involved in the day-to-day operations of our company and has a vested interest in our customers' satisfaction. A tremendous advantage of being a family-owned company is the history and stability of ownership backing our long-term plans to remain the number one book vendor and service provider in the library market. Ingram has emerged as the one of the largest book distributors in the industry, shipping over 86,000 units across the nation each day from our regional distribution centers. Ingram Library Services enjoys the benefit of being part of one of the largest wholesale distributors of book -related product in the world, including physical book distribution and print on demand solutions. As such, we have established publisher relationships, inventory, and infrastructure in place to provide our customers with an unparalleled speed of delivery. Ingram operates four regional distribution centers, totaling more than 1.7 million square feet and employing over 3,400 associates. 6.2 Explain how that your company is a prime jobber dealing directly with publishers. Include a list of the publishers/distributors represented. (If that list is too long, list the publishers/distributors NOT represented and indicate that you have chosen this option.) Ingram leads the book industry in maintaining the largest on -hand inventory of over 14,000,000 unique titles, representing over 50,000 book publishers and imprints. We have provided a list of current active publishers and imprints on the USB drive included with our proposal. Because we continue to build relationships with publishers and increase inventory, the list may not be all- inclusive. Ingram can provide titles that are in print and available from the publisher. Some publishers choose to sell only directly to end users such as schools or libraries. These direct -only publishers are defined as those publishers whose titles are not available on the open market to distributors. , ,I Page 818 of 1174 MALTA Request for Proposal — Library Materials Page 8 Ingram Publisher Services LLC Ingram Publisher Services LLC, an Ingram Content Group company, represents more than 600 publisher clients from around the world, which agree to allow Ingram to be the exclusive distributor of their product. Built on a longstanding tradition of Ingram quality, IPS provides our customers with a wide variety of books and book related product from an outstanding roster of publishers, with easy ordering options, fast delivery, and excellent service. The advantage this brings to our library customers is the guaranteed availability of current titles from these publishers at Ingram distribution centers. As the exclusive distributor of these publishers, even other vendors source these purchases from Ingram. Ingram has recently acquired Perseus' four distinct publisher services brands: Publisher Group West (PGW), Consortium Book Sales & Distribution, Perseus Distribution Services and Legato. Through Ingram Publisher Services, Ingram has launched Ingram Academic Services, a service customized for university presses and academic publishers which includes state-of-the-art warehousing, print -on -demand network, digital asset management services and metadata management system. Clients of Ingram Academic Services include university presses and academic publishers from around the globe. Print on Demand through Lightning Source With facilities in the US, the UK, France and Australia, Lightning Source, an Ingram Content Group company, has a virtual inventory of over 13,600,000 titles representing more than 55,000 publishers. We print only what is needed to meet our customers' current demand -whether that's a single book order or 10,000. We not only give you access to content that was once extinct or hard -to -find, but also make it possible for low-volume titles to stay in print and for new titles to be released. All this translates into wider title selection and better customer service for your patrons and your community. Once an order is placed, we have all the electronic data necessary to print and deliver the book to its intended destination. The distance between book -maker and book -reader has never been shorter. Print on demand through Lightning Source allows for a book to be printed in order in a range of formats within 24 hours, even if the order is for one book. On average we print 3,000,000 books per month. Lightning Source titles are listed on ipage and are ordered through the same methods you usually use with Ingram - by telephone, fax, mail, or electronically. Lightning Source titles will be printed especially for you once the order is placed. Page 819 of 1174 MALTA Request for Proposal — Library Materials Page 9 RFP REQUEST FOR PROPOSAL Title: Library Materials Mid -Atlantic Library Alliance, MALTA ATTACHMENT B Service Requirements Deemed Important in Consideration of Contractor Selection Offerors shall return a completed copy of this attachment with their proposals, indicating how they will meet each requirement in regard to the scope and suitability of the work to be performed, capability and capacity to fully satisfy contract requirements, the manner in which these services are to be provided, approach to providing the service, and ability to meet schedules. The following section is an itemized checklist of the service requirements to be considered. In the space provided, describe the services that will be performed by the contractor. Additional documents may be attached only if necessary. LOT 1— BOOKS 1.1 Approximate number of publishers/distributors you can supply (by category): Ingram represents over 50,000 book publishers and imprints. 1.2. Approximate number of titles you currently supply: Ingram leads the industry in maintaining an on -hand inventory of over 14,000,000 unique titles. 1.3. Types of materials you can supply (check all that apply): Elm. ii[.Ti X Nonfiction X Reference X Current/Popular 1.4 Types of audience you can supply X Children X Young Adult X Adult X Backlist X Out -of -Print X Continuations , ,I Page 820 of 1174 MALTA Request for Proposal — Library Materials Page 10 LOT 2- Audio/Visual 2.1 Approximate number of publishers/distributors you can supply (by category): For spoken word audio, Ingram represents over 1,200 publishers and imprints. Ingram represents more than 980 video suppliers. 2.2. Approximate number of titles you currently supply: Our spoken word audio inventory includes 150,000+ titles, including abridged and unabridged editions including CD, MP3 and pre-recorded audio player formats. We also inventory more than 500,000 music titles on Compact Disc, from classical to popular titles. With 76,000+ DVD and 13,000+ Blu-ray titles, Ingram offers one of the most comprehensive inventories of DVDs in the country. Ingram represents more than 500 video suppliers with titles in categories such as popular box office, foreign and independent films, and family films. We also provide an extensive line of nonfiction and children's titles. Through our supplier, Ingram Entertainment, we provide access to nearly 1,000,000 DVD volumes. 2.3. Types of materials you can supply (check all that apply): X Audio- Music/Spoken Word 2.3.1 _ Cassette Tapes X Compact Discs A) X Classical B) X Popular C) X Spoken Word X Video 2.3.2 VHS X DVD A) X Educational B) X Feature/Entertainment C) X Foreign D) X Instructional , ,I Page 821 of 1174 MALTA Request for Proposal — Library Materials Page 11 2.4 Types of audience you can supply X Children X Young Adult X Adult LOT 3 - SOFTWARE 3.1 Approximate number of publishers/distributors you can supply (by category): Ingram provides video games from 52 game suppliers. 3.2. Approximate number of titles you currently supply: Our video game inventory includes over 1,700 titles from the following platforms: PlayStation02 (PS2), PlayStation 3 (PS3), PlayStation 4 (PS4), PlayStation Vita, Xbox 3600, Xbox One, Nintendo@ WiiTM, Nintendo Wii Universe, Nintendo Dual Screen TM (Nintendo DS), Nintendo 3DS, and PlayStation@Portable (PSP). 3.3. Types of materials you can supply (check all that apply): Library Business Home Educational X Games 3.4 Types of audience you can supply X Children X Young Adult X Adult LOT 4 — E- BOOKS Ingram is entering a no bid for this category 4.1 Approximate number of publishers/distributors you can supply (by category): , ,I Page 822 of 1174 MALTA Request for Proposal — Library Materials Page 12 4.2. Approximate number of titles you currently supply: 4.3. Types of materials you can supply (check all that apply): Fiction Nonfiction Reference Current/Popular 4.4 Types of audience you can supply Children _Young Adult _Adult Backlist Out -of -Print Continuations 4.5 Are you able to provide integrated search and access to full text on the same platform and user interface for both eBooks and databases? 4.6 Are your eBooks maintained on a third party dark archive, from which they could be made accessible in the event your platform ceases to exist? 4.7 For purchased eBooks, are there limits to the number of times per year any given title can be accessed or loaned? 4.8 Do you offer eBook download (download of entire eBooks)? 4.8.a Is there additional cost to enable download? 4.8.b Is the checkout period configurable by the library? To what extent? 4.8.c Is maximum simultaneous checkouts peruser configurable? 4.8.d Do you offer holds functionality? 4.9 For purchased eBooks, what concurrent user options do you offer? If multiple, please specify number of concurrent users. , ,I Page 823 of 1174 MALTA Request for Proposal — Library Materials Page 13 General questions pertaining to all formats. 1. Are you the sole source of any material offered? Yes No X If yes, describe: 2. Do you supply country of foreign publishers? Yes No X If yes, describe: 3. Provide evidence that demonstrates that your company maintains sufficient inventory to supply up to 10 copies of most titles without backordering. Ingram typically maintains the following inventory figures in our national distribution centers: ♦ 35,000,000+ book units ♦ 470,000+ spoken word audio units ♦ 78,000+ DVD/Blu-ray units, with access to over 1,000,000 units at the Ingram Entertainment distribution center. 4. Describe how data about publishers/producers/distributors, titles, and availability are made available to customers. ipage® ipage is Ingram's web -based title selection, ordering, and account management tool. Customers with a current, active Ingram account are eligible for a free subscription to ipage, which offers libraries easy-to-use ordering capabilities and other features at no cost for unlimited concurrent users. Libraries recognize ipage as an integral timesaving tool whose collection development and acquisitions capabilities, along with its various account management tools, make day-to-day ordering and receiving tasks virtually hassle -free. ipage can be accessed at content. De nt:con"i. .:..:. As a web -based tool, ipage offers 24/7 real-time inventory information, the ability to search by thousands of categories, as well as a robust array of publicity and product news sources. Here are just a few ipage features: Simple search by Title, ISBN, Author, Keyword, Series, Dewey®, and more Ingram stock information and real-time stock check Title descriptions Physical Information, LC Subjects, LCCN, Dewey Ability to create, edit, download, and/or order lists by clicking titles within ipage, importing a document to ipage, or pasting EANs into ipage. Sort by Author, Title, Binding, Dewey, ISBN, Price, Pub Date, Publisher, Standard Retail Price, Ingram Demand, and more List sharing options Download brief MARC order records Page 824 of 1174 MALTA Request for Proposal — Library Materials Page 14 Ordering and order status information Account management and reports ipage selection lists created by Ingram staff librarians Current publicity information Online catalogs Annotations and citations Cover images for selected titles Power search Boolean search Saved search Access to all titles in our Extended database Additional publicity information Excerpts for selected titles Review Citations Full text reviews for selected journals for a nominal annual fee Additionally, here are just a few of the ipage features specific to DVD/Blu-ray product: Search by Title — Keyword or Start Of, Featuring, Product Code, Keyword(s), Stock information Title descriptions Sort by Title, Featuring, Product Code, Format, Studio, Release Date, US SRP Additional Information such as Features, View, Number of Units in Package, Awards, Dewey, Based on the Book Ability to create lists Advanced search by Directed By, MPAA Rating, and Featuring/Title The Library's ipage accounts are created so that an Administrator designated by the Library has oversight capabilities to aggregate lists and manage users. The Administrator can add additional ipage users as required by the Library. Each user will be assigned a unique login and users can set their own password. ipage is customer -driven, and allows users to individually customize their ipage experience. Users have even better tools to assist in prioritizing the critical information they need to search, order, and deliver more content to more patrons. ipage focuses on personalization and intuitive functionality. Customizable widgets allow users to design their own homepage with the tools they use most. Users can easily track bestsellers, access online catalogs, view custom lists, and bookmark favorite destinations in and outside of ipage. Benefits of ipage home page include: • A simplified menu structure that allows our customers to find what they are looking for faster. • Roll-over drop-down menu options for each functional area of ipage that enable users to get to content with less effort. • More suggestions from Ingram product experts in our Ingram Lists & Picks area on the Browse menu. • More ability to customize the homepage, including the ability to remove widgets and the ability to choose a background theme. • Enhanced Simple Search options, including the ability to search across multiple product types. , ,I Page 825 of 1174 MALiA Request forPmposa|—Ubrary Materials Paoe15 * U"Of IPCIWK�m ipage Searching ipa0e users do afast and quick search for items using Simple Search. Simple Search is displayed at the top ofevery page within ipa0e. Page 826 of 1174 Ch—,, Th—, * U"Of IPCIWK�m ipage Searching ipa0e users do afast and quick search for items using Simple Search. Simple Search is displayed at the top ofevery page within ipa0e. Page 826 of 1174 an MALTA Request for Proposal — Library Materials Page 16 Iw INGR,AM. 10 10 :17.111 Video Title /,Exact] Featuring Prr,durt Cade Keyworcl)s) Directed By Ratiing OCLC Plumber G=_ n re Ingram Active o„�owo---"r;Ml'4 Turn Search OQo ons CFF 1 Featuring/Titfe(4,.4) 3 IBM 1100M Boolean Search and Power Search are also available. Power Search allows ipage users to focus their search to a much narrower list of titles by using some or all of a specific set of search criteria. This feature is invaluable when the user has only limited information about a specific title, or when the user wants a set of titles that fit within certain parameters. Through Power Search, the Library can look for titles by publisher, subject heading, format, language, and other filters not listed on the simple search feature. ipage 11 Roolean .^ Pilxle E l, Readirr PIa mors w In arcr al "+ Halzl-m ind 6oraks Su slier l❑F6rrYldti- ° 91 w It g ----------------------------------------------------- 5—d - ,o„o„o, o„o„o„ ,o„o„o, ,o,5aved 5enr1les LIII'I �dl":l f i Ir OFr 5 G 7 B ,,ik m„fir. �wrr,r M-kid.y Ody—y Ga �.N�ay, Big Green Bab± Eln—m, T.—I, & f l'ir_ Cil liars Illunster! Feel Halloween c Y Y 'C-3CAi113 E I- EdxF. H-,-- Page 827 of 1174 MALiA Request for Proposal — Library Materials Paae 17 Predictive Searching Predictive search functionality on ipage allows for more accurate and efficient searches across our entire database. This technology uses our top -demanded product data to offer suggested completions of the search term you are typing into the search bar, including Title (Start of) and Author: Users have the option to have predictive search off or on, by updating their account settings. Search within Results To the left of your results, you will see a box for searching within your results. Enter your search words and click the Search button. You can further refine your results as needed using the options and search feature located on the left. SEARCHWITHIN YOURI w ESUL I VI Search Filters provide a better search experience for customers who do not purchase compilations, collections of public information, or reproductions of previously published public domain titles. This filter allows you to hide these product types from your search results. Page 828 of 1174 MALTA Request for Proposal — Library Materials Page 18 d ^, Y Ingrain Active Book H o <h:: r � >1, Flglicn Mencharndi CIE A01%Ll WIT UNKI YOUR RESULTS -------------------------------------- �w IF.ARCHI FILTERS �qj Hide CoiIs of IHidelReiprradarctIons w t RIFFIFI b[R IFI 1 T, Age Group I �jIile 50) Baldyfflreschod aU Search Resuln, 1 to .2�:5 of 10,C) Products: Next) Last)) Page 1of4- ..... sro�K � CHECK s 11 or_K CHECK `"air .. _. 2 IT *T 0 0 FLove YOU AI'WaYSs ❑ C4] Search Refinements When you perform an ipage search or view a list through the `Browse' menu at the top of the ipage screen, you see search refinement options in the left panel alongside your search results. ipage's recent update includes a reordering of the refinement fields to better align with what is most useful to you. You can collapse any field not of interest to you and expand any additional fields that better meet your search needs by clicking on the up/down area to the right of each field. ipage will remember which fields you have collapsed or expanded for the next time you search. Depending on the list, search refinements might include Age Group, Binding, Publication Date, which may include forthcoming titles, Contributor, Price, Format, Awards, Citation Source, BISAC Categories, Dewey Categories, Ingram Categories, Language, and Features. Limiting Your Results Quick Limit - If the refinement terms you are looking for are in the top three showing under the refinement field, check them off and click `Update' to quickly limit your results. You can now select multiple terms to drill into your results. Search the Full List - If you do not see the term you need immediately in the top three under your refinement option or if you want to exclude terms from your results, click the `More...' link next to any field Page 829 of 1174 MALiA Request for Proposal — Library Materials Paae 19 &mgnam,4.ctrv;e sr Boit sr Har�,��a�n., ss ..�, cover w Fiction - Merchandising:s SEARCH WITHIN _ YOUR RESULTS �i n✓1-M +h I Search Resul¢.. �. irs � to 25 of idd Products Next) Last)) SEARCH FALTERS Rage 1 0l 4 ? 311 © Hide Compflatmir s 0 Hide Reproductmans ry � N RESULTS ❑ The Girth ±Pmho Drank, the IMcom Earn STOCKo P.el ly CHECK Age Group Single CIIc6c Option: Simply click on the underlined number of ❑AduNi(50)ttittles In parentheses next to the term of interest and the page will �a. o ❑Juvenile"fid) instantly reload with your refinement applied- ❑ Eabyfpresc:hoo0 PJ:odar-e. More. D d ❑ Gray✓Fty Falls„ Imurt�mall 3 14-r sc Bind ingClick Update to limit results to only the ❑ Hardcover (76) categories checked, or click More for further ❑ Board Books (20) ref'nement options - E] Boxed Seto ,,, hr r'renem. Russ ,,, ., ,, ,,,,,,1 Dark sari es 411) ... R.ac'n STOCK UQdate More. CHECK �+y n� Including and Excluding Search Terms After clicking the "More" link, you can further refine your results: • Scroll the list of terms by dragging the scrollbar up and down. • Search for terms by entering letters and a text filter will quickly reveal matches. • Select as many terms as you want to include in your results by checking them off in the `Include' column. • Exclude as many terms as you want by checking them off in the `Exclude' column. • Verify your selection with the intuitive green (include) and red (exclude) bubbles. • Remove anything you do not want by clicking on the `x' on the right side of the bubble or by unchecking it in the `Include' and `Exclude' columns. • Click the `Update' button to apply your refinements or `Cancel' to go back to your results. Age Group >dft ;K401m, p PoryII OWNS' NS' INO Young A,dulH. X .... Ad.['(so) _' ..... Juwnllei5ul Baby/P,—hool (38) A,-nro9f23) Ages 1'am 2(10P .. v��ng ndWl�ls( Page 830 of 1174 MALiA Request for Proposal — Library Materials Paae 20 Backing out of the refinements you have applied to a search is easy and intuitive, too. For each refinement you apply, a breadcrumb will appear at the top of your search results. Click on the crumb to see exactly what limiter you have applied. If you want to remove a limiter, simply click on the `x' on the right side of its bubble. Search results can be sorted by the Title, Author, EAN/ISBN, Binding, Publisher, Pub Date, or SRP: New for 2017: We've combined the robust functionality of Selection Lists with the filter options currently available for Search Results. This means that you can filter the items in your selection list by all of the refinement options already available for Search Results. The new Search Result View also contains some new options at the item level. For each item, the user can perform actions such as Duplicate Check, Add or Edit Grid Information, or Edit other information about the item. Batch Edit The new Search Result view for Selection Lists enables users to identify and isolate items within a large list that meet certain criteria. For example, you could filter your selection list to show only those items where Dewey = Fiction or where Reading Level = Juvenile. Once you've isolated items using the search result filters, you can apply various edits to those items in batch. Title Details A Title Detail page on ipage includes title, contributor (author, illustrator, editor, etc.), ISBN/EAN, publisher, suggested retail price, binding, pub date, and copyright date. Details may also include any of the following as provided in the publisher metadata: cover image, BISAC categories, LC subjects, themes, OCLC number, Dewey, LC subjects, series, awards, features (Index, Price on Product, Excerpt), initial print run, target age group, physical information (dimensions, weight, number of pages), carton quantity, annotation, description, publisher marketing, review citations, review quotes, biographical notes, and full text reviews. Children's titles may include Accelerated Reader®, Scholastic Reading Counts !Tm and Guided Reading Level information. Page 831 of 1174 Reviews on ipage ipage includes review citations and full text reviews from: • Booklist • The Bulletin of the Center for Children's Books • Criticas • Foreword Magazine • Hornbook Guide • Hornbook Magazine • Library Journal MALTA Request for Proposal — Library Materials Page 21 • Kirkus Adult • Kirkus Children's • School Library Journal • Publishers Weekly • VOYA • Shelf Awareness • BookPage • Bluelnk Review conn- n vJ kuy{cwnanQlar. Qea[a Il.r Cu��ler'�el.ar"i"t"_[h -A PoiA Fl.e adve /ager 613'_ re H..:ur al u[Fore,: ty Qrcv.n}'cak.eN rc Au�[r drec..:r..i_pec al prcl.a�a['[M1e Na'[ic:,al U ode er Iriar ne 1g,, s, the .lobe', archUf5 enna N,esxg[e xhe lu,q Icsx I... of ft's life, a b xhe world', p eem n n s:xper[ n cybersecur y Pun: vunceo d-1 after he farrili_fa.ht _unk'n xhe lnv'an dceara ..:dS.n.may have_urfa...i', xhe _hadav xh.Iran., blakm. rkert No[cr'cat smuggler R. Is -.1 to xra:eh- t. xalenx_ 'an£ n amtsof far.:s s Ltar's Fuge. um. b 11.,.far „u Qr. card clan, lau'✓t-ng for antral.... the tr ll-'ant5.nna u.£sall.agu.J. ra I'a NU M11A'.1-rectar, Fro, .1 a K [ sa"A.dvanc.ei eCM1nalaa -n 1M1 Fnx far tM1ewo .1—d.a FFa ae h-2 M1-m..Tlay and net[Cus_lerdel-fe=all xhe u_ual _[, antl'turn the M1e2 C, vnay'[c:' e pl..:�/e 'al-rca2. Ag.nt Pec.r Lampack Peter Lampack Ag.nrF M1.iay 2?i Ca:pyr aht 01Il Publ-at erg M.e.kis: LSe Kirkus Hevnews (g5t15t2pt4). KurtFu_x,'ana h -.N nal Un,:ervna'.r W1arne F.aenf. .'the .,rid's.t aga-n.thltm.framacrm nalfam-I`Fxtax'_ teen"` —ng the -n a nd'[a kng Fo.'[age_ for fou gene m_Commandeerea aRxhe sva_[,:fS uxM1 rfr caSC.arnbre+f a 'a ng x111 mIn.l_',:ha'd Goalie.: Fe__ag 'e[h raunxerte rt£ -the SS NlaraxaM1 van .he.i'vn [M1uu[a n 1`105. A c.,'[u r later.'[he Ere✓ard fare -IF -[illQrc:iM1er� Seta[ an, Egan. antl Lauren.(alangw[h. h k dna Th 5 e�[aate antl d.r'tu:e. [M1ilde antl'r code ell her �en, [ea [a [M1e.;X,htle a'M1 yran. re er M1erirem Rene 'ode rtln ble-cro»,g F..rmerrllent. TM1e6 a—racl.r['s urM1 more high [har. ,snual lavery.. for 5'enm .arch xext oFxhe leserdary Phal n,ecur [;; avft re. sone a'Fhm�,x ,ought-fter cumFuxer aper[. ,the vorlu. Ncxh'ng could step their netar scheme .a,e far xhe falx xh. t ,k Lot _.—i a Famcee f fl r v h I -.x her xo l,xerrt t b ll-vna r ENln Nle_[aata 5 e,na ama her li d. were =u FFa_adly lc_x ax bmv hen'rVa.,tgaxe', yacht Ethernet nk box mount r3 av demce _ha rsxh.[she'_no , redea.i xhan the 55'Nfaratah h'ch never and at all. Kurx'_m lencvunter wixh fire aihngCal-eta Q,. and aa'[M1ey batt`cer Sena.,. M1..'s being M1eld Ara�C3's '/aeht ,rlus',e1, Sc: AS- to pack Sienna off K:re nal turned -n raN_t Than Rang.—d of[de Qa 11S, Gr.. p and[he ac[..n c1—, plen'cy..fac[.. n:-�hRs fr m'[M1e Afr can rs s It 1-t" pen,sola. where Kut. h_ bu tldyfoe ua'valt a n 11ti,t NuM [s dcdgee:ery[hing the Erevad ,thrw.athem 1 Lhey,xuggle to Free Sena before xhe, rids com"Nsys[em.s allgak blwey.�ncem e. Cu__ler a n: d 11,a (cert HxcurV �Q13, etr.) Fal, vi th _e.h broa.i xrvke_xM1at Ku given [ore_ aren'x ao m..M1 v . en as wM1 [awaaM1ed. CPFYKIGHT(201A) Kr_v K., e e.LL RIC -5 KESEE—. eiae-'acni—I —: CI Ive,[he-1 r..:—e"..n[Iy to K1ayan. lecre[e.' ­sge" and 'The Q.. a:[legger. Ne l'/. i,Ar a - &,h- E- is Lh, ­&,,r ndG.rah mErs+.n,'[heauxhar cf"Elack Raln"and "EIacF. Sun.. and'[he caauth..r.'+ th Cus_Isr. Uf De+: I's Gale. h_5'[crm, and 'u:erc Hcur. NplUt and an .[tarn y. he l're, i,?r _ana rt.r=, wr grcoce praise for xhe NUI44A Fllea ncnrels of Clive Cuasler and G.a ham Erawn •"oe, F Ga't." ira br M1 kingly rasp .ectal, wiltllY I t �e enioYabi e'[hriller. Hartl crane will snap Ic up." " --band Qratnn.d na n. '.cps : 1, 7eo Ha Tba meet e'.eiting FILMA File sl i, hs e iss.'.Acr R—i— Quotes. °Eley M1,<ing... Cuesler d feee.11'the I' 1, and ,an. the v:.y plo±h/e l- '.•..."Flublish.rs N—ly" Frai_e far xh. HumA Si.. ,au.is of Cline Cosier and Gra ham E,- 1-11 1 rawn. de„f1 Gat. 1.1ra11[ak'1gl's: =uap.c�eful, v. ildlyenlcyabiethriuer. Hard .re fa nr wll 1—p 11 up.”"library foureel Cussler antl E—, -1— nc,v.:pa'unn_ere He .he moat evri[ing 1lU1 Filr -1 pre SS o a iYfR!:al3 Fgb5,E4PJ ?'. €"� Ib 3 Hardcovar 6G .F(vf!1T.. 11;EAN 41J' �I5`5`.Hardco,/.ri' n K rvabl/11..f11(EP.IV 4,'Al3%i6 C,,H rc.o,e.,l Corv['ar' &, " CIIveCs_Ier stheauh rUfrumercu_Ns,iYcrk Tlm-bs'[,ellers.H split, his tim, be[v een .ellurd Csloratloantl p'radise'Jalley.nriscna Graft m E u'chcr cf Qlarx Ra n. Qlack 111 and The E1., Prc:phes:_ S nee 7,010 te'r bee, lucky c:ugd'[c ork', h CI've C -1.r cn'[M1e NUh1A FILES'. Ds I Gate. — Stc:rrr ..IS— w.re all NYi b..[sell. H�late�[prcl �upern.e' ral'[hr ller ent'tl e.: Ehadawe of tte ft:l-d,-ghtS ten ,. -'ch Ep.ncerj. And eve. Ep.ncerj. Andrew -ea errI ,sr and'ndepende,[flmmak SM1.d.:^s,f'M1e IU tlnlgM1[Su,' M1�frs'[no'�'rl. ,tl [herra[n'1 Sh—STr111, While not all titles on ipage have reviews, we display the review information for print titles where it exists. If a Library wishes to view full -text reviews, there is a nominal fee of $300.00 per year for that additional service. The Library also has the option of paying in installments of $30.00 per month. Real Time Stock Check ipage provides a real time stock check of Ingram inventory directly on the Title Detail screen. The Library's assigned primary and secondary distribution centers will be displayed. ipage shows both on hand inventory and number of copies on order with the publisher, and for titles on order, may include the estimated arrival date at Ingram. The Library can access refreshed inventory numbers by simply clicking the button. , ,I Page 832 of 1174 MALiA Request for Proposal — Library Materials Paae 22 Hidden Fipres; The American firearm and the Untold Story of the Black Wormer Mathematicians Who D,"p Helped Win the Space Race rkcemow to d R,.d,, 5—d dVnw tanx h e p. J, mih.^,^ . P kw9,'rr.? ( ,a harry RS8Ni.Wb2 i(,3hr,i3 EAN. 976V*23364,'? (ay of 02J02,12017 at 17.0-:34 PM I clrwti taruM Tina sir Cbu cM a und'in,g: N.,p.rla k IIIIII� P.b 6Y. D bei rte. 2016 3315 '16 C PY ght o a Azw.eomrv, orwru:,i ®r —pled ,,he fl'�: i"3 77 6 em _ 19 1001 3Showw Hine. H? rd.- 127,99 In addition, stock check is available when looking at lists of titles either through search results or on selection lists, without having to go to the detail page for individual titles. Note that "On Order" stock for DVD titles shown on ipage reflects the inventory level in the Tennessee Ingram Entertainment distribution center. Upon order, they are received in our distribution center in 24 hours. Catalogs Ingram's comprehensive family of trade catalogs showcases forthcoming and recently published titles in an attractive and easy -to -follow layout. Our catalogs also feature relevant and timely editorial content including author interviews, merchandising tips, and product news to help librarians stay abreast of trends in the book world. For those who like to shop from their computer, online access to catalog content is available to all ipage subscribers. E -Catalogs transform existing print publications into enhanced web versions with multiple browsing options and interactive features including keyword search, zoom and magnifier functions, sticky notes, e-mail options, and easy ordering. Simply click any of the E -Catalog links on ipage to start browsing. uliidwm„ Page 833 of 1174 MALiA Request for Proposal — Library Materials Paae 23 Complimentary Curation Services for Collection Development Ingram's MLS-degreed Collection Development librarians provide a wide array of lists at no charge to Ingram customers on ipage under the Browse menu, including everything from African American lists, to Youth High/Low Popular Reading titles, to Spanish resources, to replenishment lists by Dewey® and end -of -year spending lists, and more. These lists are regularly updated and can be added to an existing or new selection list with a click of a button for ordering. The Browse tab also lists resources and information on products of interest to librarians, including lists of products in categories such as award winning books and bestsellers. You can also access innovative and creative lists of products you may wish to stock. Browse features in ipage include ♦ Browse by Product Type - books, audiobooks, video, video games and music ♦ Browse by Classification - BISAC, Dewey, and Ingram Categories ♦ Ingram Lists & Picks - including bestsellers, high interest categories, and standing order lists ♦ Ingram Catalogs BY PRODUCT TYPE BY INGRAM LIST'S & PICKS BY INDUSTRY LISTS & PICKS Books; BOOKS E -Books E8 Bestsellers Audiohooks High Interest Categories. Video Ei� Standing Carder Lists Video Games [Z On -Sale Date (StreetSmort) Music na E -Books Calendars Il yiudiobacks Gifts E6 video Video Game BY CLASSIFICATION Music BTC Gift & Game CIV7A* Forthcoming E23 DeweyS Ingram Catalog/Supplements INGRttM Categories Ingrairn Product I"Jew:s/Alerts INGIL4M Chnsdan Categones Lists vuith refine search functionralitj I i°Christian Music TradeAssociadon Bestsellers NATIONAL PUBLICITY PW Daily IndieBound Awards -Trade Awards - Chrlsdan BY PUBLISHER LISTS & PICKS Publisher Catalogs E -Communications Ingram Library Services offers a host of free electronic newsletters designed to inform, entertain, and offer ideas and resources for collection development. Examples of these newsletters are Adult Librarian News & Reviews, News and Reviews for the Youth Librarian, and our Collection Development newsletter including important information on Ingram's Standing Order programs. Page 834 of 1174 MALTA Request for Proposal — Library Materials Page 24 Cleo b., 2015 Savr kl:mk wi1M1 Sngram'a A.ulee.Mip uplllan iur'Skand'ing Order IPrayra.mal. k Prcgr m LIxk. Ic evtnma­lly creaked vn t In ii, L^axcu en your 5[entling Order Prrgrrm e^mllmen[a. • nuY .I [rvu vreh edit 9'-'ant'rC r_, nn tlelcR tRlca. HiCer 2rro aveeks. the llst.c}.vrn-eticelly .Ness to a- y p ordamd copy. - -- - nr mire..,rry— =brut .omrnev rr rrt you rm x remembered m rrder rear -sial Plenr,E nr mrY ta-�oluixtx. Prr;rem enrollmenks thaa 3'vu n_r need to -1 ain be IeR tc e�?ornc[io:Pr prdc; nn C usk.rmars �[ enrall In -H= ,'[i P 'iiden f d I[ out'h� cu oultl n d ilska Im 'ately rather [nen m.eTng ur av[ome[r_ ord�ing'r� a -sure rem_i P[ bV Sree[ Oe'�_ nddrt Seak,dik,m O,delr P'r­akm,s Ilngrarn lsay slantllimgl boder pua.glrarrna rmv ev exr kype u1 edw.!! 11.1—ran. Our tl -, F�r[ncu pular Mor - ira[in i':[iw, Ideas nm o—I,­.- —re—, -_ Nape. Ls. �rig.re Fc. an, Popu±ar serieau aeuient4 L,c''.Ie1' and Tray, c: Caa [Inua2lnnm s[anilnp prdc pngrems eyru fl mea p',r i,gkey [tt: C"mck au[w h, [a rvew In cur Adwlll SEandlirn O,dl, R indu!]Ing T -, inn ne n� .u[hrr, (ndvlT; d f ..ev alar Serres (Wd ultl. tl°—th Sii—di- Order P'vnmlrakms. ➢ngra m'a ymuutM1 akandiimgbndrr pvmg rama cbvev alk P.— n+' EM1e eM1ildren'a and llngnarn M1aa alantlnmgl boder pu�bglrarrna tm 1-1, ire .1— If media. Ii Cvarienna, ".2 1- lilbna riert,xr -1 bktlner pnm an! dbv all ages.,tll rxFY c r J_r, end PeP d_o xten ]ir qe[ nn f f [ikYex '[ yaur nc� The Ingram Wire Relevant book news and collection development information is delivered directly to your desktop with the Ingram Wire. Through this user-friendly downloadable desktop app, built on Adobe®AI RTM and compatible with both PC and Mac, librarians receive stock news on fast-moving products specific to their assigned distribution center, alerts on top awards and breaking events, as well as "backorder now" messages to ensure they are among the first for allocations. From the desktop, users can click directly to ipage to place orders. Libraries can download the application at www.in ramwire.com. P VPS 5 to rw Irrt dhrld a svIhiistion c + ritier(.^�) raf use prel P,n,ttri re c e, %,e iIipd ate rararin Iii J I), c ),I e c k ;aIfticr st.uga rec;-,mri,q uwarJyatardrr; MALTA Request for Proposal — Library Materials Page 25 5. Do you offer an electronic system for placing orders and performing related services? Yes X No If yes, describe costs and what equipment, etc., is needed by MALIA libraries to participate. Ingram can accept orders electronically via email, EDI (Electronic Data Interchange) or through ipage. Emails with attached orders should be sent to ILS.ordersingramcontent.com. ipage ordering is described below. EDI information is included in the following question. Electronic ordering is offered at no additional charge from Ingram. ipage Selection List Ordering ipage selection lists, similar to the shopping cart functionality found in other Internet sites, are among the most versatile features on ipage. They're the starting points for using ipage for ordering. Once you create a list, you may add products, delete products, move products to other selection lists, or send it as an online order. Ordering online using our selection list functionality enables the Library to create multiple title lists. These can be downloaded in a variety of formats such as BISAC, FlashBacko, or brief MARC order records for import into your ordering or library automation system, provided that one or more of these formats is compatible. Any selection list in ipage; including Ingram selection lists, standing order list or library created lists, can be downloaded in Excel format, and subsequently uploaded into the library's ILS acquisition system for order placement via EDI. Selection List Download SeIectiorn Li,wt E.oy CIIR.xka I E' Return to Selecllen Lists -C ate fdew Last-Y�dl .._ R B 14 i�rfl _ Mame: SCC Type: Private. List. *IntI.mgr[Ilk— =I -Ie don��op �tetl. esa'I P yes 11 s,y LIU, —Ii an N!A 1,11, Price fieI1,h, means d at a Pe� n: 2u isUable, —d ch err --III n«-efi—ed n ynur to:at. Llsts with mi e that 4,300 nemscan .tee.dowel-,d,d,.her—ii -e,y.ify-donnlad al_t th a: o,—.s mk-e t—ADOD ko—,.ly the stA,DOC C"en_x,,11 ,.e-1dod I,:,,. dounlaad. 6fawrnload Oini ms: BISAC F —list For cirneae�„ mat FoBISAC PO Fa i—, Carder P4: Dov,nlaad & Keep vJ r, ✓,, `11;81np"}Il��u� �l��m,�u`` ��P"�ti�P"S'N',@1111111011101110111011 ......... ......... (aPern„aly Cuss— MARC EAN Format If'yn.rr aecmw..t hes been rnaapped with Crder P0 as a Cusce,m MARC f e1 cl, you. — i np— P❑ i—mber to he FloshBack SCF der,nl%aded ath this infiarxna[unn. See y 1pavge,eidm tscaatnr fort p11, lnfonmatiom. Nadce: The CNIX d.-nk Fl ashB.ack SOF EAN . books ©NIX records for mems other than books map be III E-1 F.m_ MARC -G (G --Q EAN F.,— ON IX Format - 2.1 L Downloatl List ROC1101 Byre Farmet ROC I 101 Special PC,1 104 Byte Farmet Selection lists can be easily accessed in ipage in two ways: via the Lists drop down menu, or via the Selection Lists link under the Order drop down menu. Page 836 of 1174 MALTA Request for Proposal — Library Materials Page 26 INGaRAM I RAJ �elecrcv�r Lmse,1u ,arm,„,,,,,o .... ... x Use III Book Standing . r r I dlrg Order Programs tiore N Stock Availability � ILS Search �� View Quotes Lurid �Orfl rderi,g Setup —���— T rn eafc_rr_Mprlons 0 P F IIhYGRAM PUBLISHER SERVIICES Order StatLI S Cart fl An Active Selection List(s) page appears. This page is the starting place for you to navigate to your selection lists or orders, or to manage your selection lists. Browse I search Orders Reports My Account Home I L.- Help Logouu Cre—d:9129R0151U3a-18 4M6y ;,,;�, R;� ,sn IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIASKiPoVdflVI N.{YRd'dll Leet Edieed pw/y;291t�or 4 M ..... ..... 0 0 Cre d:9 20/ 1511 33 4C AM by — 00000000000000000rt, M;dfl7r ife S' Lae. Edieed: 11/1112D Q3�AP J M y,....:..............................t;?.fe l 0 DooO At the Active Selection List page you can: ✓ create a new list ✓ merge lists (from two to ten lists at a time) ✓ recover deleted lists (within a specified timeframe) ✓ view or edit lists ✓ check stock availability ✓ utilize the "Price this List” feature ✓ set "Do Not Exceed" priorities ✓ Product Detail Browse ✓ E-mail lists ✓ download lists ✓ check for duplicates ✓ delete or archive selected list Page 837 of 1174 MALTA Request for Proposal — Library Materials Page 27 Clicking the View button displays all titles on a selection list. To change the sort order, Users can sort by Product Type (i.e. book), Product Name (title), Contributor (author), EAN/ (product code), format, Supplier (publisher), pub date, and US SRP (U.S. suggested retail price). Additional sort options are available by clicking the arrow in the Sorted By box. A few of the additional sort options include BISAC Category, Dewey, and Ingram Demand. loleIan M1 .' 1 tl .1 —e -I e7,11e,",Pfany uto Play,A. dll L.� .l f,�e eI3.. 6 P...n a: h11-oldnporr a Click eir airg efthe underlined headers to son by the p rt larpl on For more pl hok the Sorted A111N d B ulhst 25a F621 Pr.6oun. bydop hex»mwOn used ......,,..,,. SoBrd �� deaat na> Bu Pa1 mf25 7 rpt �� 9 ( 1 Book ,r'= �+ 1, r _ 97301991 1-1-6) Hard o:e F, R fl, 04119l201G REG 27,09 (� D39917446X, Book 47 � ❑ Chi 1 0ao1k i7 .'.9"I r.1 c.EM J F.C,. 973125DD56245 Hardcover M� F lh's 04(0512015 RE6 27. n' 1250056241 Book 47L--�1 5 While carts cannot be transferred in ipage, lists can be shared with others in the account. ipage allows you to create the following types of selection lists: • For a Private List, only the user who created the list and the user's ipage Administrator can view or edit it. • For a Public List, only users who are in the same ipage account as the user who created the list can view or edit it. • For a Shared List, only users who are in the same Ship to account as the user who created the list can view or edit it. The creator of a selection list also has the ability to lock lists to prevent others in the account from making various changes. There are two levels of list locking: Title Lock: Other users in the account can view the existing list and can add notes, quantities, or grid information. Users other than the creator or administrator cannot add or takeaway titles from the list. This includes the ability to "see" this list name when adding items from search results or title detail. List Lock: No edits can be made to the list at all, including the changing of quantities, adding or taking away items from the list, etc. 6. Do you support online order transfer from the local library's acquisition system? Yes X No Cross out the items not covered: adult trade hardcover, quality paperbacks, mass- market paperbacks, pre -bound paperbacks; juvenile trade hardcover, publishers' library bindings, prebound books; university press trade and non -trade; serial book continuations; reference works; audio (spoken word), audio (music), video, software, rr n�A. If yes, what equipment, etc., is needed by libraries to participate? With a group of specialists dedicated to EDI functionality, Ingram works with automation vendors to ensure all automation systems communicate effectively with ours resulting in efficient order Page 838 of 1174 MALTA Request for Proposal — Library Materials Page 28 placement. Ingram makes library automation system vendors aware of new developments and features in EDI as well as works with new vendors as they develop EDI functionality. Ingram supports both basic and enriched ordering via EDI. Enriched capabilities depend upon the automation system vendor and typically includes sending line item specific information such as location, fund, and collection type along with the quantity. This information is used in the processing of materials and creation of holdings in MARC records purchased by the library. When a library wants to implement EDI, Ingram specialists provide you with the information needed to configure your local system, assist with ipage record setup and downloading, and run a test order through our system for you to verify the results. Ingram supports EDI Transaction types and formats based on the capabilities of the library automation system. The following shows supported vendor and systems Communications for all EDI formats and transactions is supported via FTP. 7. Do you require a minimum order requirement including, rush orders? Yes No X If yes, describe: Page 839 of 1174 MALTA Request for Proposal — Library Materials Page 29 8. Do you accept telephone -ordering and/or E-mail for rush orders? Yes X No If yes, describe: Rush Orders Ingram defines a "rush" order as one that requires immediate turnaround and special shipping. These orders differ from a regular order in that they do not receive processing or cataloging services, are generally very small orders, and are placed with no backorders accepted. Ingram can accept book "rush" orders via toll-free telephone. All orders receive immediate online order entry, as well as instant title and stock verification. Rush orders will be shipped via UPS or other Ingram selected freight method. Ingram does not charge additional freight for orders that ship with your regularly scheduled shipments via standard transportation. Only rush orders that require next day delivery will incur a freight charge. It is our experience that the need for next day delivery is extremely rare with our customers. Should the Library require expedited services for an account, such as minimal processing and no cataloging on titles that require a faster turn time, we are happy to discuss your requirements and work to profile accounts as needed. Items placed on a separate Rush account will be invoiced as shipped. If the Library profiles the account to receive no backorders, then the items in stock would ship and all other items cancel. The Library would then receive one invoice for the purchase order. Rush orders would ship from a single distribution center exclusively. If the Library has a different definition for Rush Orders, such as items that receive cataloging and processing but that have a faster turn timer than your stated standard 30 days, we are happy to discuss how we can profile your account(s) to meet your requirements. 9. Do you assess a service charge for any item ordered on behalf of the library? Yes_ No X If yes, how is charge calculated and on what items? 10. Do you offer continuation service for serial books? Yes X No If yes, describe how you accomplish the goal of providing additional titles in a series and any limit on the service. Page 840 of 1174 MALTA Request for Proposal — Library Materials Page 30 Ingram has a wide array of no -commitment Standing Order Programs for our library customers. These Programs allow libraries to keep important portions of their collections up-to-date automatically and to more fully develop parts of the collection to meet community needs. Each Program is specially designed to provide the latest releases with full customization, minimum hassle, and standard discounts. There is no extra charge for participating in our Programs. With the options of enrolling as "Report Only" or "Auto -Ship", Ingram standing order programs are designed to provide the ultimate flexibility. Libraries enrolled under the Auto -Ship option have two weeks to edit quantities or delete titles before the list is automatically ordered. Customers have the option of modifying quantities or canceling any order before the titles are in process to be shipped, and may edit program enrollments at any time. With Ingram, you never receive titles in your library unannounced. We recognize that many libraries prefer to place their own orders, either through ipage or their Integrated Library System, and so we offer a Report Only option. The Library can review the title lists, upload final selections to their ILS and place orders solely at their convenience. With this Report Only option, our programs serve as a new title notification system. New titles are added to Ingram's database several months in advance of publication. To participate in a standing order, a customer completes an online enrollment form, letting us know the quantity, and in some cases binding type, of the titles they wish to receive. Based on this profile, we place the titles on backorder (generally 2 to 3 months before release). The Program lists will appear in ipage under Lists/All Program Lists each month, and the library receives email notification that a list has been created. For customers who select the Auto -Ship feature, major hardcover titles will ship as soon as they are received or by the street date. Otherwise, titles will consolidate with your next shipment or ship within 15 days of receipt, whichever comes first. Report Only customers can place their order at any time. Nonfiction and Continuations Programs Through our Nonfiction and Continuations Standing Order Programs, Ingram can supply materials that are updated annually. Ingram monitors more than 13,655 of the industry's best series and continuations offerings. We maintain these programs so that we only offer active series and continuations in order to save libraries time and to prevent budgeting headaches. Nonfiction Continuations (Adult) Standing Order Program Libraries can stay updated on reference books, career guides, legal handbooks, test prep guides, tax guides, and other frequently updated titles through Ingram's Nonfiction Continuations Program. New titles are added to Ingram's database several months in advance of publication, and the Nonfiction Continuations Program automatically places these titles on selection lists for libraries based on their completed profiles. If a library does not want to see every new edition of a title, they can choose a cycle such as every other year or every third edition. Ingram's experienced specialists track publications, changes, cessations, and postponements and changes are reported to our customers. Page 841 of 1174 MALiA Request for Proposal — Library Materials Paae 31 Travel Continuations Standing Order Program Travel guides are frequently updated, and library patrons require the most current information for popular destinations such as Disney, Europe, and the Caribbean. Ingram's Travel Continuations Program takes the guesswork out of the travel publishing cycle. This program provides a flexible method of receiving best-selling travel titles, as well as providing a broad selection of travel guidebooks. The Library can choose to track updated titles on a cycle, i.e. every other update of a title. Forthcoming Popular Nonfiction (Adult) Standing Order Program With Ingram's Forthcoming Popular Adult Nonfiction Standing Order Program, it's easy to order top nonfiction titles within each Dewey® Range and have them on the shelves and ready for circulation by publication date. Ingram's MLS-degreed librarians and expert buyers work closely with publishers to anticipate the titles that will resonate with patrons. Each month, they select the best forthcoming nonfiction titles within each Dewey Range plus the top 25 titles overall and automatically include them on a Selection List within ipage several months before they are published. While the number of titles can vary according to the season, customers will receive a balanced selection geared toward public libraries. Libraries may choose Basic for a smaller selection or Expanded for a larger selection in each Dewey Range. U auaa a.Keraawr Foecry �x i - uwsasoc .J CDDJ History Ges,gw,.aphy & Travel Essays, • Basic [ 310 & " ierno ws. Expanded ..i FRS.) IEirgrjphies, & Pi - Basic Top 15 Tidez OrAy. Check 1foa s w a¢e,s if enrolled fin Rain, Nonfiction Series (Youth) Standing Order Program Libraries having trouble keeping up with the latest in their young patrons' favorite nonfiction book series can let the Nonfiction Series (Youth) Standing Order Program send lists of the forthcoming titles that they have enrolled in. Most titles run three months pre -publication. 11. Do you offer leasing programs for books, audiobooks (CD or cassettes), music CDs, or video recordings (DVD or VHS)? Yes No_X If yes, describe the services offered. Page 842 of 1174 MALTA Request for Proposal — Library Materials Page 32 12. Reports: Describe the types and formats of reports that can be generated, schedule for supplying routine reports, list any costs, and include sample copies. 12.1. Management reports: Examples include shipment history, title reports, etc. ipage has many account management tools. Through ipage, you can: • Review your current account information, such as standard backorder instructions, primary distribution center, and more. • Keep your contacts up-to-date with Ingram and make sure the right people receive the information they need to help you manage your account. • Review your average discount. m MI'lu,W ��IIryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry��ryry�� ;eigalmh I,IVIi)J RAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA „ � 9FN�lmN IA!MAI& 5,E'PfOm:!b /0'f /i0r';51 YIIiY IM�.u.9. ;I r', vl. Order Status information is available on ipage under the Order drop down menu. Under the Order drop down menu, simply click Order Status for a listing of Order Easy Clicks, including: • All Open Items • Open Purchase Order Summary, which includes the PO number, date ordered, total units open, units in process, and units backordered • Backordered Items, which includes date ordered, product code, product name, format, PO number, quantity, and warehouse • Recently Shipped Orders, which includes date shipped, order entry number, number of cartons, and shipping tracking number • ipage order history, which shows order date and time, PO number, and who placed the order. It also provides a link to an Order Confirmation which gives a detailed summary of the order, including title, author, ISBN, whether the item is shipped or backordered, and retail price. Page 843 of 1174 1 1111I1!1111111111U III ft�VMM ��»,-�4Uli11Ul!»11I1�������J��������U�YiiallAllll:/� ���� I . � 404 n. 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Order Status information is available on ipage under the Order drop down menu. Under the Order drop down menu, simply click Order Status for a listing of Order Easy Clicks, including: • All Open Items • Open Purchase Order Summary, which includes the PO number, date ordered, total units open, units in process, and units backordered • Backordered Items, which includes date ordered, product code, product name, format, PO number, quantity, and warehouse • Recently Shipped Orders, which includes date shipped, order entry number, number of cartons, and shipping tracking number • ipage order history, which shows order date and time, PO number, and who placed the order. It also provides a link to an Order Confirmation which gives a detailed summary of the order, including title, author, ISBN, whether the item is shipped or backordered, and retail price. Page 843 of 1174 IIIIIIIIIIIII11111111 11111 " Aim NINA 100 Mir U MALiA Request for Proposal — Library Materials Paae 33 ipage Order History is posted for 6 months, and can be sorter by order date, PO number, or "placed by." [1 age-- ewe a,op - 1111`1 -Page- sareev- .00i.- - Financial Information includes open and closed invoices and credit memos. Page 844 of 1174 MALTA Request for Proposal — Library Materials Page 34 Reports are also available for printing by clicking on the "print version" button. I Sample ipage Order Status Report — Backorders: MM23M.- ( §W"Ww"�in a7SkGOPAe]Y :..3 Sample ipage Order Status Report — Cancelled Items: 14 � �f�i,Sl �^: OWN* '.1' 2t'. fli%�IIU3 SHNNI<ViJvCi I I Ij ,alt 'tn..3N aAN U'Suf'. aN - i:tq(e pn GN,M2'xr Y14 .1.1. 0554W pll�kARNIERSA4HIANAf,2UIIWUINIU I MIMI= UI. 341116 -il I 42h.11 11, 110 11j, laij muuJIPJ'rrarvWNR OMM IIIVTNAFFJ mhpwpm a MORN 4, ll8M NA l 117,11, S1,11 L-IRL111C, YET, -11,206 96111 ll, "OMI460 FIKVIG eN,Ilr INNrvkzd9irl 1.-206 WAWN'lo 200 -W49 tQznl 0� . . . . . . . . . . . . . . . . . . . . . WEI— V� I Sample ipage Order Status Report — Backorders: MM23M.- ( §W"Ww"�in a7SkGOPAe]Y :..3 Sample ipage Order Status Report — Cancelled Items: 14 � �f�i,Sl �^: Clrnwlrvf '.1' 2t'. fli%�IIU3 SHNNI<ViJvCi Hm'ikti'rvmr S'.%/ f: d0:Y ,alt 'tn..3N aAN U'Suf'. aN - i:tq(e pn GN,M2'xr Y14 .1.1. 0554W pll�kARNIERSA4HIANAf,2UIIWUINIU I Will,20,1 UI. 341116 -il I 42h.11 11, 110 11j, laij 1100,1— 1,U.5 I-1 Ml- 1,i- 1.— 11 I. 324.9Y Vn $o- IIJ 117,11, S1,11 L-IRL111C, nurUvnvl -11,206 96111 ll, "OMI460 FIKVIG eN,Ilr INNrvkzd9irl 1.-206 WAWN'lo 200 -W49 tQznl IN 1 Mw IR WEI— V� I Page 845 of 1174 MALTA Request for Proposal — Library Materials Page 35 Ordering Tracking ipage allows users to track shipments under the Order Status tab. To track a standard shipment, click Recently Shipped Orders. This opens a table displaying all recent shipments. Click the shipping tracking number for the shipment you want to track. This links you to a page where you can view tracking information. RIM OrsA•••••.er Status Quick eider S'elecruon IL➢sru C}rdMer Statw�.�. Steck. Fvzllahll,ty V— Q-- Gnd Ordering Scup M—h. 0,d- Scstus Eery Clucks. INGRAM5 PUBLISH IR H111ICES (Ips) IMrder Staaus Cart - {7ryen pinrrhzse r3rder Sunmumary -Bacbnrrdered Itexrrs INGRAM (��be.V q /%adL d dMs�a�. 1, asu�_�xaW'a ,>crlt,li C', Tin -n S—,- Qo?ions OFF Mc 1 1'17'8 Delivered On: T esday.. 1 L127�2C115 at 11:24 A..114 L.ft At: Dack SignedBy: JORGE eed�r � moi' you' package ...... ......... r your hal'mis7 Con $I FII WIC'Get I Delivery I"dk I1 estimated ` Windnws en most UPS packages. I r xir�r._ ty a ul Id„. Choice' Iza Need inetre ii Irwforrira4iorn? �I�OI�I�M�Iu�m�llluiil�B�tl�OI III�III� II���Ill�ll@IIN�III�I Ta: x &Nfmd r� .r CA, U S UI '� C,r¢surnrci Mlultiple Packages'„ 5 ShiypadiBilled On: 10125/2015 Type: Package Weight: 21.7e2 Ids ''..,. i Page 846 of 1174 MALTA Request for Proposal — Library Materials Page 36 Returns Reporting ipage features the following returns reporting options. You can: • Report overstocks or shortages. • Determine the date your return was received. • See whether a return is still in process. • View credit memo information. Collection Development Reports Libraries can view master profile reports of ongoing standing orders on ipage. The reports contain item information including title, author, publisher, quantity, PO number, etc. Some reports also have program -specific information like frequency, cycle, and series title. Note: These reports are only available to those accounts that subscribe to the corresponding standing order programs and to those users who have been given access to reports by their ipage administrators. »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»» 111161111111111111 Title News: This report advises of title changes and revised publication schedules as well as cessations and other pertinent factors needed to manage your profile. This information arrives as part of our electronic newsletter, Collection Development. 12.2. Status Reports: When materials cannot be shipped immediately, contractor will supply status reports within 7 days of receipt of an order detailing out of print, out of stock indefinitely, out of stock temporarily, publication cancelled, not yet published, etc. Yes X No Remarks: Status Reports come in the form of our Packing Slip and our Title Status Report, as well as the Order Status information available on ipage, described above. Page 847 of 1174 MALTA Request for Proposal — Library Materials Page 37 The packing slip will supply you with the status of any book shipped, backordered, or is out of print. The packing slip will be alphabetized by title. Titles that were not included in the initial shipment will have a "B" in the "BO" column if they have been backordered. An "S/W" will identify those titles that will be shipped from your secondary distribution center. -LIBRARY PROC'•• CUSTOMER SERVICE M 900., 93.7'-53DD OPT I. The Title Status Report is sent to customers on a monthly basis. This report will provide you with current backorder status information as well as indicate which titles could not be supplied within your normal backorder period. Listed below are the most frequently used stock abbreviations that will appear on the Title Status Report: B/O = Out of stock at this time and on backorder for you NLS = Title is no longer stocked by Ingram NYR = Title is not yet received by Ingram into the distribution center OSI = Out of stock indefinitely by the publisher PPD = Title has been postponed by the publisher OP = Title is now out of print at the publisher CANC = Title has been cancelled at this time by the publisher 12.3. Cancellation Reports: Contractor will report which titles cannot be supplied within 120 days of receipt of order. Yes X No Remarks: In addition to cancellation reporting on the monthly Title Status report, Ingram can provide a custom weekly cancels report, through closed order data. We would be happy to discuss the specific data elements a library would like to see in the report. These reports will be in Excel format, which can then be filtered and sorted per the Library's preference. Page 848 of 1174 MALTA Request for Proposal — Library Materials Page 38 Sample Cancellation Report: 20XX%X% RXL62063JR 1 6263 4 55 8 6 TRITE CA ABOVE THE LAW 06708116 09/06716 ' 1 06714716 Reached BO Cancel De1e Active The $1645 2'0X,UV RXL52063JR 1617754455 MCFADDEN BK OF HARLAN 061'08/16 09/06116 1 05/03/16 Reached BO Cancel Date No Longer Available $24..45 20XXXXX RXT520910E 0430100663 LASKER-S STAR IN MY FOREHEAD 061'09/16 09/07116 2 04101/94 Reached BO Cancel Dat. Active Till. $12..45 20)0x= RXT620910E 0933626026 FASSBINU FASSBINEIER PLAYS 057179115 '09/07116 2 07701/01 Reached BG Ganc.l date Active Title $14.95 20XXXM RXS52098CE 0373719760 JAMES AR RANCHERS HOMECOMING 05710/16 09/08116 1 0&123116 Reached BO Cancel Date Aciive Tule $5.99 20XXXXX RXS5217T3 8415282269 CALDER A ALEXANDER CALDER DISCIPLINE OF 05[24/16 09/07f16 1 02723/16 Slafi—d Tule No Longer Available $55.00 20XX%XX RhT62230JR )5930963" LULABELL COLUMBIA STAT OR 06724!16 09/OBf16 108123/20 Sl.fi—d Tdle No Longer Available $16.00 A cancellation report is currently under development for ipage, and once completed, will be available for the Library to access and run at its convenience. 12.4. Annual Reports: Contractor will provide to the library annual report details, including number of items shipped; total net dollars invoiced for products shipped; total list price dollars for products shipped; net unit item price for products shipped; average number of copies per title ordered; percentage of purchase by category outline in Attachment C. Yes X No Remarks: Ingram will be happy to provide a usage report for any individual library, or for MALiA as a whole, upon request. 12.5. Invoices: Invoices will be as stated below unless otherwise indicated under Remarks. 12.5.1. Describe the types and formats of reports of billing procedures and options for varying invoices depending upon needs of individual MALIA member library. Remarks: Ingram can provide multiple copies of invoices, and they can be mailed or included with the shipment. Title data on invoices is listed in the following order: (1) quantity ordered and shipped, (2) author, (3) title, (4) publisher, (5) ISBN/EAN, (6) unit list price, (7) discount, (8) unit net price, and (9) extended price. Items on invoices are listed alphabetically by either the author or the title per the Library's request. All invoices have an invoice numberand date, orderentry number, and Ingram's Federal ID number. Library name, ship to and billing account addresses and numbers, and purchase order number (can be up to 22 characters in length) are all listed on the invoice. Order data includes shipping warehouse and location, carrier, ship date, number of cartons, and total weight of order. Page 849 of 1174 MALTA Request for Proposal — Library Materials Page 39 Ingram can invoice for cataloging and processing on the same invoice as materials or on a separate invoice, per request of the Library. Processing charges appear as separate line items when billed on the same invoice as materials. "Invoice in the Box" Ingram also has the option available to libraries to have their invoice put inside the box of shipped items. This invoice is in a modified, easy to read format. With "Invoice in the Box", libraries can check in items against the invoice and do not have to wait for the invoice to arrive in the mail. The library still has the option to have multiple copies of the invoice. Please note that if invoices are included with the shipment, they cannot be mailed separately. EDI Invoicing EDI invoicing is available for all listed vendors in item 6 above. We support daily or weekly summary invoices. For customers opting to receive electronic invoices, Ingram places electronic invoice files on the Ingram FTP for customer retrieval. E -invoices streamline workflow and greatly reduce the amount of effort used in the manual posting of invoices. Ingram continues to provide paper invoices to electronic invoice users. ipage Invoices Ingram offers the convenience of having invoices available to our customers online via ipage our web -based selection, ordering, and account management tool. With ipage, invoices are available to view and print on demand the moment they become available. 12.5.2. Invoices will list code(s), applied line item, to indicate discount category (e.g., "T" for trade discount, "A" for academic, "J" for juvenile, etc.). Yes X No_ Remarks: Included on the invoice is a code for each binding type. Please refer to the list below for the product class codes. If a title is a Library Binding, it may be designated as such by the notation LIB after the title. R = Trade Hardcover Q = Trade "Quality" Paperback P = Mass Market Paperback W = Spoken Word Audio X = Music K = DVD 12.5.3. Contractor will issue separate invoices for each purchase order and reference the purchase order on each invoice. Yes X No Remarks: Page 850 of 1174 MALTA Request for Proposal — Library Materials Page 40 Ingram can set accounts such that purchase orders will combine to ship as one order under one Order Entry number, but each PO will invoice separately. Items will be packaged according to account number, and may contain multiple purchase orders for that account. Items ordered on one account will not combine with orders placed on another distinct account. Each account will be assigned an individual account number. The purchase order number is referenced on the invoice. 13. Fulfillment: Fulfillment will be as stated below unless otherwise specified under Remarks. 13.1. Contractor will ship 50% of order from stock within 14 days of receipt of order. Remarks: 13.2. Contractor will ship 95% of each order within 120 days of receipt of order. Remarks: Ingram Library Services is proud to state initial fill rates are usually 85-90%, with a fill rate of 95 to 100% shipped or reported within 90 days, on items available in Ingram's database. Note that our fill rate includes over 14,000,000 available titles. 13.3. Contractor will supply materials that are not currently available from publishers within 120 days of receipt of order. Yes X No Remarks: For titles inventoried by Ingram that are temporarily not in stock, Ingram will attempt to place an order with the publishers within three (3) business days of receipt of order. Our ability to obtain out of stock titles is based upon the item's continued availability from the publisher with whom Ingram buyers have an established relationship. Should the Library order books not currently inventoried by Ingram, we will attempt to order the book if available on the open market through normal U.S. wholesale channels. Turnaround time will be dependent upon publisher availability, however, due to our long-standing relationships with publishers, we estimate one to three weeks on available items and sixty to ninety days on special order items not currently in stock at the publisher. Page 851 of 1174 MALTA Request for Proposal — Library Materials Page 41 13.4. The library may cancel any title that is not received within 90 days of order date. Yes X No Remarks: Libraries may cancel any title that is not received within 90 days of order date, as long as the title has not yet been placed on a picking list for shipment. After receiving an order, Ingram will ship all titles currently in stock. Any remaining titles normally available through Ingram will then be placed on backorder for a period of time specified by the library. At the end of the backorder period, all unfilled titles will automatically cancel, except for titles Not Yet Received from the publisher. Status Reports will be sent to each ordering agency to keep them updated on the status of their order(s). One of the parameters set at the account level is Backorder Cancellation Date. This is the number of days to wait for a backorder to be filled, and if it has not been filled by that date, Ingram cancels the order. For titles not yet published, the library has a choice to either have these items cancel at the end of the account's established backorder period, or for the backorder clock to start only after the titles is first received by Ingram. The first option may result in a lower fill rate. We recommend that the library set this cancellation date to be the same on their automation system so the backorders will cancel automatically at the same time. It is up to the local automation system to delete any bibliographic records that are associated with order records that are canceled. 14. Accuracy: Accuracy will be as stated below unless otherwise indicated under Remarks. 14.1. 99% of materials shipped will be the correct title, edition, and number of copies. Yes X No Remarks: Ingram strives to maintain 100% accuracy on all orders. Ingram asks that the Library report errors immediately, so that they may be resolved in a timely manner, and to avoid any possible re- occurrence of the same error. Ingram uses the Manhattan Associates PkMS package as our warehouse management system. Ingram has designed our outbound PkMS processes to ensure quality throughout the operation, and makes use of scan confirmation, "blind counts" and random audits to ensure accuracy. We are currently achieving a 99.6% overall error -free rate. Ingram has always specialized in loose -pick order processing, and has developed customized processes for handling single -book and small multi -book orders in an efficient, accurate fashion. Additionally, the case -level inventory tracking provided by PkMS gives us the enhanced capabilities for full -case picking and shipping. Page 852 of 1174 MALTA Request for Proposal — Library Materials Page 42 14.2. Contractor will supply the latest edition of a title unless an earlier edition is specified. Yes X No Remarks: Ingram does not substitute titles unless the ISBN/EAN has been forwarded to a new edition. Only those items ordered will be shipped. 14.3. Binding supplied will be as specified in the order. Yes X No Remarks: Ingram's Order Entry system is ISBN/EAN driven. Binding type supplied will be based on the binding type of the ISBN/EAN ordered. ipage Title Detail screen shows alternate bindings/formats for a title, when available. Goodnight Football ( Iriction Pittlur ora )i n*,Wv m*4 Reader awra4w^i�w��ar�a� iii ,✓�>°�,iw^rv�,-V�. � r, �` v,��Fll�,uriaazu�r��1 beiolk, the {e%1,, obanirt PuH Many of our Standing Order Programs allow the Library to indicate their binding preference when setting up the profile. Library Binding may be a choice, including Author/Illustrator Children's and Author Teen programs. Page 853 of 1174 MALTA Request for Proposal — Library Materials Page 43 15. Multiple Copies: Multiple copies of a title will be shipped together. Back -orders of parts of a multiple -copy title are not acceptable. Yes X No Remarks: Accounts can be profiled to receive No Partial Shipments. With this account setting, if the entire quantity of a title is not in stock at the time of order, Ingram backorders that title and ships it when the entire quantity is received from the publisher. Please note that this profile option may lessen initial fill rate of an order. As Ingram is offering shipments from two distribution centers, we suggest allowing fulfillment from both, which would result in two shipments and two invoices. For example, if a library orders 20 copies of a title, if we had 5 in stock in the Library's primary distribution center and 15 in stock in the designated secondary distribution center, we could fill the entire order but it would be delivered in two shipments. We are happy to discuss with the Library to determine the best option to meet your workflows. 16. Packaging: Each package will indicate the library's purchase order number, and only one purchase order may be represented in each package. Yes X No Remarks: Each box in a shipment will be plainly marked with the number of boxes in shipment, the library address, and a Control Number (including Order Entry number) which can be used to cross reference the invoice when it is received. The carton containing the packing slip is marked. Orders will be packaged according to account number, and may contain multiple purchase orders for that account. Items ordered on one account will not combine with orders placed on another distinct account. The shipping label on the carton includes the customer name, address, and customer purchase order number. Page 854 of 1174 MALTA Request for Proposal — Library Materials Page 44 Each carton shipped from Ingram will also have a 4" x 6" Carton Contents label. The Carton Contents label lists the titles contained in the box, their ISBNs, and quantities. This label allows your library staff to see what is in each box before the carton is opened. 1.0/21%15 '.5:35:08 CarlonXontents NO:1 CRRT04p 000003880821900543 1; OE: 4 9KFK1 HL CiJ ; flK'M153 ING F1. We V NYLIPC Dose ripticn POY 2 P98C61C8C42C AMEN PAVCHITE PATAIDTIC ® ®IU :AMPLE$ 8 0313ACZON74 W—DRAFT •DAY,' +- WU CAMPLEP Tota% TRW 2 Total Units 4 Packing List', Enclosed Page 855 of 1174 MALTA Request for Proposal — Library Materials Page 45 17. Packing Slips: A packing slip that duplicates the invoice will accompany each shipment. Yes X No Remarks: Ingram will include a packing slip with each shipment which can be cross-referenced to the invoice. The packing slip is enclosed in the last box of a multi -carton shipment that crosses the shipping manifest. Ingram's Packing Slip contains the following information: ♦ Library shipping and billing address ♦ Date ♦ Quantity ordered ♦ Quantity shipped ♦ Title ♦ ISBN ♦ Binding Code ♦ Purchase Order Number ♦ Discount Percentage ♦ Unit List Price ♦ Extended Price after Discount Packing slips can be sorted by author, title, or purchase order number. The box containing the packing slip is marked. 18. Defective Material: The library reserves the right to return defective material at the contractor's expense. There should be no exceptions to this. Yes X No Remarks: Ingram's Returns Policies provide for prompt and efficient resolution for reporting and returning materials that are damaged, defective, or shipped in error. • Ingram Customer Service associates are happy to assist with issues including shortages, damages, or defects, and to provide returns authorizations as required. • Customer Service hours of operation are Monday through Friday, 7:00 a.m. — 7:00 p.m. (Central Time.) • Through ipage, the Library may create Hassle -Free returns, report shortages, track status of a return, and view credit memos. ipage is available 24 hours a day, 7 days a week. Unprocessed Print Material Any unprocessed book ordered in good faith that is found to be damaged or unsuitable, whether it is due to Ingram's error or the Library's error, may be returned under the Hassle Free Returns Policy. Page 856 of 1174 MALTA Request for Proposal — Library Materials Page 46 • Unprocessed materials may be returned up to 60 days after the invoice date. • A copy of the Hassle -Free Returns form (the back of your packing slip or printed from ipage) should be included in each carton shipped to Ingram. • A return authorization number is not required for unprocessed print material. • Ingram will not charge a restocking fee for items returned in accordance with our Hassle Free Returns Policy. Product with Defects Ingram understands that defects inside a book may not be detected until it has circulated, so there is no timeframe for returning product with publisher defects, including the following: • Missing pages • Contents out of sequence • Book bound upside down • Contents different than the cover/title • Ink or printing issues • Crooked pages • Blank pages Please note that due to the wear and tear caused by circulation, we will only accept defective books where the binding is falling apart up to 60 days after the invoice date. Processed Materials Items that have received cataloging or processing per the Library's specifications are no longer in resalable condition, and therefore can only be returned due to an Ingram error or if defective or damaged. • The Library is asked to report any cataloging and processing errors as soon as they are noticed, so that Ingram can research and resolve the issue in a timely manner. • Processed material returns require return authorization from our Customer Care Department. To request authorization, please call (800) 937-5300 Ext.27665. Audiovisual Materials Unprocessed audiovisual materials that are damaged, defective, or shipped due to Ingram error may be returned up to 60 days after the invoice date. • Audiovisual returns require return authorization from our Customer Care Department. To report defective or damaged product and request authorization, please call (800) 937-5300 Ext.27665. • Playaway® accepts return of defective products within one year of the invoice date. The Library should contact Playaway directly. Ingram does not stock replacements for single discs in a multi -disc title. For damaged or defective titles reported to Ingram, we would replace the entire product or issue a credit if the title is no longer available. Individual replacements for discs lost or damaged after receipt by the Library may be available directly from the title's publisher. For example, Brilliance Audio Library Edition audiobooks have a guarantee of free disc and vinyl case replacements. Publisher contact information for every title is easily obtained on ipage at the Library' convenience, 24/7. Page 857 of 1174 MALTA Request for Proposal — Library Materials Page 47 Non -Returnable Materials Each publisher decides if their product is non -returnable. This may be on a product -by-product or binding -by -binding basis, or as items go out of print. Therefore, Ingram does not assign a non- returnable status to a publisher. • Non -returnable items are indicated as such on ipage. • Ingram cannot accept return of any product that we do not stock or items that were not originally purchased from Ingram. Items Damaged in Shipping For materials damaged in transit, the Library is asked to always accept delivery of materials. Damage should be noted on the carrier delivery receipt, and the Library should call our Customer Care Department for instructions on making a return. Overstock Returns Return of unprocessed materials sent after the 60 -day window will be handled as Overstock Returns. • Overstock returns for libraries may not exceed 10% of purchases made during the preceding 12 months. • Overstock returns will have a 10% restocking fee applied. • All product returned to Ingram must be in a condition that it could be resold. Therefore, we cannot accept return of processed items as overstock returns. • Ingram reserves the right to send back, at the Library's expense, all products returned to us that is not in resalable condition. Hard to Find Books Alibris Returns Policy If the Library is dissatisfied for any reason with a book purchased through our Hard to Find Book program, you may return your purchase to the Alibris distribution center within 30 days for a full refund of purchase. Ingram reimburses shipping costs for returns only if the condition of the book is not as described on ipage. Alibris Distribution Center Returns 475 Lillard Drive #102 Sparks, NV 89434 USA Credit Memo Upon receipt of the returned titles in our distribution center, Ingram will credit the Library for the cost of the item(s) plus freight charges calculated at the standard UPS rate for the weight of the items returned that are damaged, defective, or shipped in error by Ingram. • A credit memo will be mailed listing the item(s), dollar amount, and purchase order number credited. • Credits will be reflected on the monthly statement with reference to the purchase order number. • For items with an Ingram error, when Ingram requires the Library to return the physical product to our distribution center, a Call Tag may be issued. • The Library is responsible for shipping and carrying charges on items that are not damaged, defective or shipped with Ingram error. Page 858 of 1174 MALTA Request for Proposal — Library Materials Page 48 Claims Please notify us if you have not received an anticipated publication or if an order is short shipped. Any anticipated publication may have a slightly delayed release that will be reflected on ipage. If an order is shipped and materials do not arrive, claims will be directed to our Customer Care Department to ensure tracking and replacement is handled as quickly as possible. 19. Returns: All returns will be scheduled by the contractor for pick-up via UPS. Yes No X Remarks: The Library should return item(s) by using the Hassle Free Returns policy described above. Upon receipt of the returned titles in our distribution center, Ingram will credit the Library for the cost of the item(s) plus freight charges calculated at the standard UPS rate for the weight of the items returned that are damaged, defective, or shipped in error by Ingram. Ingram's standard practice is to not issue a Call Tag for items needing to be returned. 20. Credits: Contractor will provide self -credit system for library to facilitate returns. Yes_ No X If yes, outline details. Remarks: While we do not offer self -credit memos, the account management features of ipage offer the Library the ability to transmit certain returns information. You can create Hassle Free Returns forms and may also report shortages with the features. After returns have been submitted, you may check the status of these returns, including credit information. C—t. Return Packing SHOShoi Lane HistoV'M' Select Return Types H1I F, ­ . `e^ G Create Return Cl No Charge Replacement As an alternate to a credit, libraries may call our Customer Care Department for a No Charge Replacement for any item that is damaged, defective, or shipped with Ingram error. • If a replacement title is available, the Customer Care Representative will either email or fax a No Charge Replacement Return Authorization form to your library. • The Library must mail this form along with the returned item and the original packing slip for a replacement copy. • For Libraries that provide cataloging and processing information as part of their orders, Ingram may issue a credit for a No Charge Replacement and the Library would be required to submit the reorder via EDI or whatever method was used for placing the original order. Page 859 of 1174 MALTA Request for Proposal — Library Materials Page 49 21. Shipping: Contractor shall specify how shipping charges, if any, will be determined and shall indicate estimate cost of shipping for dollar amount of purchase order. Remarks: For libraries with a minimum of $50,000 in annual expenditures with Ingram or a commitment to meet this annual expenditure level, orders will ship with Ingram -paid freight from your primary and secondary distribution centers. For libraries with less than $50,000 in annual expenditures with Ingram, shipments of 15 or more units from your primary distribution center or from your secondary distribution center will qualify for Ingram -paid freight. Shipments of less than 15 units will be charged a flat $5.00 shipping fee. Items picked, packed, and shipped together count as an individual shipment. This flat fee amount or qualifying unit quantity is subject to change with notice. Shipping will be via best method, which may include order or account consolidation, shipping schedules or other account setting adjustments to maintain freight costs below 2% of invoice. Ingram does not currently assess any additional fees for shipping. However, given the unpredictable impact of rising oil prices, Ingram reserves the right to assess a fuel surcharge with notice. 22. Service Charge: The contractor shall describe the type of service fees levied for handling a MALIA account. Remarks: Ingram does not currently have any service charges for our services 23. Multiple Accounts: Contractor will provide at least 20 separate accounts for a given library. Materials in these accounts will be ordered separately and must be shipped and invoiced separately. Yes X No Remarks: Ingram can provide multiple accounts as required, however we ask for your members' assistance in keeping freight costs below 2% of total expenditures, including limiting the number of shipping accounts wherever possible, unless Ingram internal operations require multiple accounts. Each account will be assigned an individual account number. Items will be packaged according to account number, and may contain multiple purchase orders for that account. Items ordered on one account will not combine with orders placed on another distinct account. Page 860 of 1174 MALTA Request for Proposal — Library Materials Page 50 24. Other Services: Specify other services provided. Placing Orders Ingram can accept orders by toll-free phone, toll-free fax, mail, electronically, (email and/or EDI — Electronic Data Interchange), or through ipage. All orders receive immediate online order entry; phone and electronic orders receive title and stock verification. For ease and efficiency, we can confidently claim to be the best in the business in order entry. Mail orders should be sent to: Ingram Library Services LLC Attention Order Entry One Ingram Blvd. PO Box 3006 La Vergne, TN 37086-1986 The toll-free number for FAX ordering is 800-677-5116. The toll-free number for telephone orders is 800-937-5300. Emails with attached orders should be sent to ILS.ordersCa ingramcontent.com or K120rders ingramcontent.com. Order Fulfillment and Status After receiving an order, Ingram will ship all titles currently in stock. Any remaining titles normally available through Ingram will then be placed on backorder for a period of time specified by you. At the end of the backorder period, all unfilled titles will automatically cancel, except for titles Not Yet Received from the publisher. Status Reports will be sent to each ordering agency to keep them updated on the status of their order(s). Please refer to requirement 12.2 of RFP Attachment B for more information on Status Reports. Schools and Special Libraries - Ingram will set up your accounts to receive two shipments per purchase order. Any in -stock, non -processed book will ship within 24 hours of order entry. Any remaining titles normally available through Ingram will then be placed on backorder for a period of time specified by you. At the end of the backorder period, all books that have come into stock will ship, and all unfilled titles will automatically cancel, except for titles Not Yet Received from the publisher. The second invoice will be marked as final. Ingram has found that this two shipment shipping method is especially helpful to schools. By keeping shipments down to one initial shipment and one final shipment per distribution center and by giving you a final invoice, it is easier to track and close purchase orders. Duplicate Checking ipage offers multiple duplicate order checking methods, including Match, OPAC View and Selection List Duplicate Checking. With Match, the Library is able to search their entire collection. As described below, Ingram's duplicate order check methods do not automatically prevent duplicate orders. Conversely, they will allow duplicate copies when needed. Page 861 of 1174 MALiA Request for Proposal — Library Materials Paae 51 Match - Ingram's Match collection matching service on ipage matches titles in a selection list with the titles already in your library collection, saving you time comparing potential purchases. This powerful tool utilizes the industry standard Z39.50 protocol to access your library's catalog and retrieve your collection information. Then it works with ipage to identify title matches within your selection lists. Match matches at the branch level enabling users to check just their collection in a shared database. Results are color coded to show where matches were found. If no color appears to the left of a title, no match was found. A red bar indicates an exact match, yellow a possible match, and green a title - only match. Hovering over a color bar indicator will display details about the match. The details will include which criteria were matched, and whether or not the edition matches your collection. For an exact match, the status of the title in your collection will also be shown. OPAC View - Libraries also have a feature that allows them to look into their Online Public Access Catalog (OPAC) from titles within ipage. The feature requires a one-time setup by the administrator of the account. The administrator needs to provide the following information in this setup: OPAC web address Their vendor's specific ISBN search index For some vendors, a search suffix is also required Ent- J:,L and 1r1d ,, r7to rx7ak'. ., 6elo To e aLle 1_ 11 Irl {ori acro it to bole up C EN_ 1r, ­ur hb, v = OPAC Mid, u_ing ipage, PIP -P rcntact + Py ern Foe =_peva Fi cati cnc For your -L-, Your library"s Internaf .PAC. I address:: For example hktq://hhrairy.nkynann e.org. ISSN specific search index:; I .I '.TI1S 117dem v -a —by SYSLE17 Ve7d0r. Fore apple: /sea rch/i=. Suffix: I .I THIS 1s. an 0P-01-1 Field fralr 11705, sgs,em5" r Page 862 of 1174 4a.,Pa-.d wt An wW.w,<n wupua� it swb „`kUt 1irc ea mxw a i m e u ,, iai o- ,s�.rq v res w .. xuP�w mtwpwn Min s v i.r,i.r ✓/i,d:.Rki to vxPoim�aiud bmxMmv � ,.INZMT25 noL n;�ig,. m am vr.�wa ., ✓ rv�ii nr„rvv m u �,N �a rrx. w - mwm wA �w�� �. ,w�,.✓e � M.m ,�.,�. a w✓, w n run na+ ,o. ry LY6AS:�l N .Y ,u`UM E.IWI.�TimAGu� wx umd wxmMxrr GR2,M „Nli „ffiu(. w"n�w"vn a e. e � r �r m✓ f✓fi � � .. lt. '1%�r4 w aurae i o✓✓nu ..e -. y e, a M. �+uawcrr, or. �,.a�,w��rrw7�».5�� n�,o, �. u., ar�,r.�, R �a o",��� h�✓ �.� r�. '�R II�W�ryW AU ✓�h YAanM.h Neu. �' , �nawnmbm�tl d�u�+w�m •��..� . uY. PAUL✓'tl wxwn�ry e ✓y �f rmn .+ u . 5� "W4P; f,1 / ✓ll✓rlflahM 41d .rorRoa C6OrAan Alr alY �iM �.EYsw i�✓1/619 r�t� Wn�va nrta ,i/ac �.. �v bx VIW w.mu� .✓rtiPu J.Ws!✓!F!'a a ,� Wn Nr �lhdEry AM!✓Il� wmua Y:xrm ¢ls vm xfu✓ a OPAC View - Libraries also have a feature that allows them to look into their Online Public Access Catalog (OPAC) from titles within ipage. The feature requires a one-time setup by the administrator of the account. The administrator needs to provide the following information in this setup: OPAC web address Their vendor's specific ISBN search index For some vendors, a search suffix is also required Ent- J:,L and 1r1d ,, r7to rx7ak'. ., 6elo To e aLle 1_ 11 Irl {ori acro it to bole up C EN_ 1r, ­ur hb, v = OPAC Mid, u_ing ipage, PIP -P rcntact + Py ern Foe =_peva Fi cati cnc For your -L-, Your library"s Internaf .PAC. I address:: For example hktq://hhrairy.nkynann e.org. ISSN specific search index:; I .I '.TI1S 117dem v -a —by SYSLE17 Ve7d0r. Fore apple: /sea rch/i=. Suffix: I .I THIS 1s. an 0P-01-1 Field fralr 11705, sgs,em5" r Page 862 of 1174 MALTA Request for Proposal — Library Materials Page 52 Once the administrator of the account has set up this feature, users in the ipage account will start to see a button/graphic attached to titles in search results and selection lists. Clicking this button will open a new browser window and point to this ISBN within the customer's web -based OPAC system. Since this feature is ISBN driven, the button will not appear with titles that do not have ISBN's (videos, music, etc). Selection List Duplicate Check - The selection list functions in ipage allows the user to check for duplicates. This is customizable so that the user can check for duplicates only within the current list, against the user's Private lists, against Shared lists, or against all lists to which that user has access. The user can set a default for how they want the selection list duplicate check feature to work or can choose this option each time the selection list duplicate check feature is invoked. Additionally, users can check for duplicates as they are adding titles to a selection list. This feature checks for duplicates only within the current list. Custom MARC Ingram's ipage features an option available in all levels of ipage called Custom MARC. Custom MARC gives libraries the ability to create and map a custom MARC record profile for downloading brief order records for loading to their Integrated Library System (ILS). The Custom MARC feature allows the user to create a list in ipage, and then add local data (like fund, location, collection code, requestor, etc.) in 9xx tags and subfields per the specifications of their ILS for each title to be exported in a brief MARC record. The list is then exported in brief MARC format, and the ILS system loader is used to load the records to the ILS. Upon loading to the ILS, an order record and a brief cataloging record are created. Libraries are now able to receive the title field (245$a) in all caps in brief MARC records. The Library should go to the Data Mapping in the MARC Setup of the administrator's account and check the box in the Action column for the 245 tag. ®ata. Mapping WNW 001 Ingram Contra) Number 1 10 0 098 F le Created 0- 010 a Llba y+af Congress Control Nunt Yaer [LCCN) D 029 a ISBN[EANfld,pAndingony,,, MARC dcwndoed format) D 020 [ Price. @4 e U 1111sal PlId VCt— [�X 024 d Universal Product Code(ytddtional digits) (J( 035 a Agtertnane Cont111'1. Nwmber l.) 082 a Dewey 0 0 199 a Av[hor _........... 269 b Pwbliahe, 260 t PUG Dane 969 m Status 1 10 0 460 o C9PI q-1 Q -11,Y) 9K p Pnte D Seo � Location D e69 t 0 cmpvws 4Locatlmn Quentic» Fund u 960 a [vPizs (Fund puantlryY 0 960 v Vendor 0 0 961 d Nees 999 a 6R 0 0 999 b LOC 1..- 0 0 Page 863 of 1174 MALTA Request for Proposal — Library Materials Page 53 Sample brief MARC download: =LUR 00287nar'r 22UQ1095a 45UU =UC11 lVlrr6d7 r§31PJ 16t§ = Uta 16031 � as1a�°°kttlllhtiti411"°b'°VIIIIIIIIIII =U2r3 V1$a�78125E 058195$c{anular} 25539 =U2U 3 3 1 25 0 0581 MCjdollatB 26.69 =10t1 tSaAdlor, Dliaatl vAh ="145 10a7"I^ E 011ARIOLHS =260 VU-Miiriosa4ur B1J0k-$c2U 1 U,0628 LDR. 00343narn 220U1 3:3.5ea4530 =001 lVleM18 2702 =008 15331 2d➢18i°�tllll`aal'JI"'°11lIIIIIIIIIII =U1U'�Sa 201504C'11351 =UvaU '$aU7a312'SC3U41021$L{r%uIIJ r 27.395 =U2r3 Sa12500(5'1628kjdrollarp 27 9 =uuz �tri�ar-'1 =10U tSaNchtr', Ja1lrray =1�'S 10SaIUWUIvtLIH ]HL HOUR Marliri's Pi,oa Q016c216 ='LUR 00294narn 22001U55ea4500 =001 tVw1501 U98282 =008 15331 2d➢18i°�r.IIII`aal'JI"'°11lIIIIIIIIIII 020 °Sa�78125006594G$c{duuar'� 27.399 =020 t $a12501065341$L'jdollar� 2'7..!9°9 =10t3 tSaA.ndrevw.s. May Kay =26 3 SbSL Martins Prus,sW015L517 The 9xx configuration in ipage allows the library selectors to download brief MARC order records that include local holdings information. These records can be overlaid with the full MARC records in the Library's ILS system. Grids Libraries can use grids to allocate multiple copies of an item across their funds, locations, etc. The grid features are an addition to the Custom MARC functionality, with the Custom MARC mapped fields and values feeding the grid. Once Custom MARC data has been added to an account by the administrator, a user can create a grid template, selecting which Custom MARC mapped data elements to use. After a template is created, it can be applied to an entire selection list or at a line item level within a list. As a template is applied, quantities for each item are increased as necessary and individual allocations are made across the library's funds and locations. The selection list is then downloaded in Custom MARC format, and subsequently uploaded into the library's acquisition system for order placement via EDI. Unlike other library book vendors, Ingram offers grid creation capabilities free of charge. Page 864 of 1174 MALTA Request for Proposal — Library Materials Page 54 MARC Setup Add [Pada Mapping Ycu' ender, III Enhanced, ha q-equirement- ter the F—It . of tl,e11 M P.0 e ords, The [ elds belem have b- a t„nat.allr mapped based IecT: ,,� cf tl erdcr, Use the Add, Edit 'alp e_ button t LLl.. d a trt If Lhayti-R s L—r and d Enter value „r theme Feld aactlt as then appear i11 r u acque=_iticn system, If der, e,1,r' P additional data ale Tient —1 aluel into PIAFC don d 111,119 the f ld1 bel-, Tag', Suhfeld: rJata Element, —I - I —t-- i J=n=nt v [� Add C+Reset Tay;# Subiald". 001 I1'lgram Castrol M1lulriber Y}RB File Created 1- ateOto 13 1a Library cf Cengre ss Centro l Plumber(LCCN) 020 a I56MPERN (depending a11 your MARC d -11-d format) 021 _ F-- 024 Universal Praduat Code o2a d Unit erlal Sroduct Cade (Addlticnal f119fr) 035 a Alternate Cantivl Number 082 a Ce... 190 a 2E5 Author Title 260 b publisher 260 _ Fub Cate 960 o Caples (Total Quantity) 960 I Lc,ati- vAddlEdd YaWes 960 t Copies(Lcatian Quantity) 960 a Fund ,*AddlEdR Ya Wes 960 a Copies(Fui11d Quantity) ✓Com fete Grid Summary We have a Grid Summary option available for our Library customers who use grids. Users are able to select two of their Custom MARC (9XX) tags as fields used to sum a "gridded" selection list. After the ipage administrator selects which 9XX tags they want as part of their grid summaries, the Grid Summary button will appear for selection lists that have a grid attached, and when the button is clicked from the List of Lists page, the View Selection List page, or the Edit Selection list page, the user is taken to a page containing quantity, extended list price, and customer discount price totals by the Grid Data elements associated with that selection list. I'llEVEd, I�aww�p�M aaaaaaaaaaaaaiaaaaaaaaaaaaaaiaaaaaaaiaaaaaaaaaaaaaaiaaaaaaa0000000000000000000000000000iiio �mmm000000000000000000000000000000000000000000000000000 I apnu.N'YC'fo&wwuun..ywr iw Exporting Grid Information in Excel Library users can now set their Excel downloads to pull in grid information. Under Template Preferences on the User Settings page, users will see the option as a yes/no toggle. This option is set to No by default. Any user wishing to include grid information in his/her downloads should set this option to Yes. Page 865 of 1174 MALTA Request for Proposal — Library Materials Page 55 Applying Grids to Standing Orders Standing order enrollments used to require that customers create an enrollment for each grid template used. For example, if a library wanted to send a certain number of copies of popular titles in our Graphic Novel (Adult & Youth) Standing Order Program to its branches but a different number of copies for less popular titles, they would need to establish two grid templates and set up two separate enrollments, one for each grid template. Libraries can now apply multiple grids within a single enrollment, greatly reducing time spent on setting up and managing new title notifications / standing orders. Selected A.0., Infarrnat an. 0 Pleas er[he ­inerof [ apes ydl, wll Idlket....eve per binding fare.% humor Mo, Ty my—own 1.numberar usethe default 10 number dt,playng ln—box. �P��'..AlAT4iQRAtJ 11�LT 9() 4E:. u Ca T f, in baXd d h 'IIYfy N b Na! d h 'll h Id tsaldacedshlpmie,, To g, th's/mr erys hrary,, I cred, d..vas. n.pin— D thedapdnwn hm and di,kAppey, la'Createoe gcrte Rows To assign more than one gndL.a,item,eg„far dii.... t bindings,seleathe Item below, and dltk[reate lg,ph—, Rows, 0 ea> an» Pagel o02i -' Allende, Isabel I1 L! L! I..., L! I! None Selected : HOLD Andrews. V. T. Hsi I. _ None Selected HOLD J Arrzbarj9fr y (1 J J G J None Selected HOLD C Aual,Jaan fNi I. None Selected : HOLD -' Buchman, Rlchard f l I.! I.! I..; I.! I.'; None Selected : HOLD Price this List and Stock Availability Features ipage shows current list price. Libraries can submit selection lists for product pricing based on the library's specific discount structure. On the Orders, Selection List page, the Library will see a button labeled Price this List. Clicking this button will send the list as a pseudo -order using the active ship - to account of the ipage user. The total estimated price of product on the selection list will display. This pricing will disappear from the site if the selection list is changed or edited in any way. Page 866 of 1174 MALiA Request for Proposal — Library Materials Paae 56 Display: P,iyot. ssonly _W1 ND -So -ed Lid(,) [JArcnrve selected L�sx :.... Additionally, the Library can view stock levels in each distribution center for each item in your selection list by clicking on the Stock Availability link. This gives a snapshot of current availability of titles from the designated Primary and Secondary distribution centers, and also indicates if titles are not currently in stock and must be backordered, or if the title is not available. Immediate Shipment from, Your Primary Waireho— Sh— F-r DC, IN is ME 82.00, Day LiiFng ni- 4-,, N..i h t/-1- %%%%%...... Cr­t.d; 11/1512076 10:40:24AIO byU--i 0: 11 ON No 35 0 7 10V. J 99 Church,. Inside Amend. Not,r,u.,F >.. Narc l— E� 0 0: 0 1 0 0 ������ Squad Display: P,iyot. ssonly _W1 ND -So -ed Lid(,) [JArcnrve selected L�sx :.... Additionally, the Library can view stock levels in each distribution center for each item in your selection list by clicking on the Stock Availability link. This gives a snapshot of current availability of titles from the designated Primary and Secondary distribution centers, and also indicates if titles are not currently in stock and must be backordered, or if the title is not available. Immediate Shipment from, Your Primary Waireho— Sh— F-r DC, IN is ME 82.00, Day LiiFng ni- 4-,, N..i h t/-1- 9780544811959 Paperback 49/13/2916 1 0 0: 0 35 0 7 10V. J 99 Church,. Inside Amend. Not,r,u.,F >.. Narc l— 9731250067333 Hardcover 06f02f2015 0 0: 0 1 0 0 1 Squad 1 A-.;- Ei B' ff k Bill the .xzat Cowho/ Rape 97 81 5 38345 7 5 2 Hard -neer 10/04/2916 2 0 6 0 u 0 C 7 ,f 1,.37, andthe Va­hiri West Ami -i-, Evangel-.Xals Today 9781442277309 Paperback 02/0312915 '1 0 0 0 1 0 0 3: Atnms Under the FI„'ooa ds. The Sup -u ng Sr_ence Hidden i t Yo,r Hame 9731472912237 Paperback 06/2&2919 1 0 4 0 6 0 9 1 anv,m vl"$F'JM01 T1r�p3''H' Ah1t' j�u1+ m!>f?ilfitSw�tA4,i ii ,i0�u6 fMN'ttiro,l��uiO,�Caltu, ,m�w973,Jr1inBD➢Jc05s4 5 ,tiA<� ]�btrvl �lY ]]'294” .t>Nydl�,ry)91�4 ro¢�� nNY'"o UdUlbl i9 m,v1AV11!�° >>uw0mm. �94a1 �au tem6� ]ivr k yv Innmed0aee Sbllpxrtent frnm Wour Senn ndairy'W ,r,h,uee Black Hole,: µ /ery Sl ­ l .. odu 7lon 976 01 9 96 02 6 5 7 Paperback 02/01/2016 Black Pr,phetic Flre 978 080701 81 01 Paperback: 09101f20r15 The Bo,k nt Froggy AL'fe Si- G..ide to S'.x. Hundred Sp ces 9760226184554 N rd aver 0 ,27/20'16 from .Aro,nd the W,rld Code Mane Johnny'W.lker. The Extraordinary Story of the 978 8 0 6 22 57 5 66 Paperback. 1MC12014 Iraqi Nlh, Risked Everything t, Flght with the U.S. Navy Seals Death of a Ki ng: The Real Sr,ry a f' D ' Mt a , Lut her Wing 9780316332774 Paperback 01/12/'20'I6 J,' Fira1 Year Drones and the Ethics,f Targeted Kilhng 978144223-565 Paperback 090312015 Goad lJlanne i , fi Nice People Wl-n Som_em Say F—k 9761259030719 Paperback 0w,02/2C14 Pop Sn t Shakeepeareax Sp'ns o Va..r Fa.or to Songs 9781594748288 Hardca.er 1010612015 ThiN, F --rd t, Thrire H,r✓ t, Li.e the Minds Power of 9781608E+82980 Paperback '10/14/'20'14 .,n t, Transcend Y,u Pat and Tramf,r n Y ­ Life la M9u,t 9e Backomdelred ar At/ i1, B11, , i, a,, Alternrait, W,ir,+ieuae 1,, A° 61.G—dtar the Jeµes. 976111657569b Paperback 07/30/2010 _] The Llfe and [r /res of Iva li—d Bill: Legendary African 97808130612077 H.ardc,uer 0908f20'15 American De.,perad, Behind I --e Gate:�ut Gomarrah.4Year .rtl: the CrSrn'nally lr:�ar-e-Publixher �6ut of 5mek ludefiniireYy _] Get Wha[s Y'ours: The Secret/ to Mav:ing Cat Your S, al Secuity-PuBIE.slher lout oFStask indefinitely The 1W h aH.,7ts,: Why Self{,nt of 6t he E,gne of Succes, - Not Aueilabl, from ingramn / Qty by DC IN p, ��._ tE, 2 0 2> 0 2 0 8 0, 1 0 6 0 4 0 0 Oi: 0 5i 0 4 0 5 0.: 0 1:l 0 0 8 1 :0 n 9 n n 0 — 2 0 3' 0 0 0 1 16. 2 0 6': 0 4 0 1 0+ 1 0 4. 0 0 8 12 ©: 1 Qty by DC IIII 1 0 0 0 0 0 0 0,. 9781475774497 Hard --i— 09/1512014 97914767772285 Hard—i- 02117/2915 9780316230365 paperback 09/22(2015 Page 867 of 1174 MALiA Request for Proposal — Library Materials Paae 57 Online Quotations ipage subscribers can set up a selection list of titles and then request a price quotation for that list. ipage will display the quote within the Order section under a function labeled View Quotes. I N G RI41M Quick Order INGRAF Selection Lists Order Staitus Book m+ Standing Order Programs INGRI41M PUBLISHER SERVICES Order Staitus Cart From the View Quotes area, all ipage users on an account can review existing quotes and print the quote. Those users who have ordering capability on ipage can delete the quote if desired or release it as an order. Quotes are valid for 60 days. To revise a list (including changing quantities) and request that it be re -quoted, simply return to the Selection List function, edit the list they want quoted, and resubmit it for quotation. P.©.. E_ _TE R-e, 2220C9 E fe 1_222 PageI f7_I. b_ 51 _ .En _A S5, ,.> >.' I ASEGATIR SPELLS �If tl'P,11.f Boml2 f ER I, g4 19 ]0 1739 17 e iP d _ rE H,,. LIICCL _ -V .E'n. 3 _.5.. > >._ 1 AD1O9 bSCSR - Blue SI<v R1 1A21 SER 16.99 43 '50 1 9.611 6.L PCIVE 9H1E9 HO IIlde Sl o_ii Fe- HAIRE ER 1]99 49 50 1016 10.16 .LL T RFE.ER _ 'Ea'22 6 -_. 5.. i. 17 99 43 150 10.16 10 16 I ALSS EHIC"flN AS HARPER �il iHev'omtl H,- HIT & Ano `ER 1699 43.0 9.6 9, Standing Order/ New Title Notification Programs Ingram has a wide array of no -commitment Standing Order Programs for our library customers. These Programs allow libraries to keep important portions of their collections up-to-date automatically and to more fully develop parts of the collection to meet community needs. Each Program is specially designed to provide the latest releases with full customization, minimum hassle, and standard discounts. There is no extra charge for participating in our Programs. Page 868 of 1174 MALTA Request for Proposal — Library Materials Page 58 Ingram provides a build -your -own, customizable standing order program called iSelect®. The iSelect Program is based on Ingram's buying level of pre -publication titles. We also provide a number of other Standing Order Programs focused on Adult and Youth titles: • Fiction — Adult, Inspirational, Paperback Original, Mass Market Genre • Author —Adult, Teen, Children (which includes Illustrators) • Popular Series — Adult, Youth • Continuations — Travel, Adult, Nonfiction • Nonfiction — Adult, Youth, Forthcoming Popular Nonfiction Adult • ReviewALERT — Adult, Youth • Easy Reader • Picture and Board Books • Graphic Novel — Adult, Youth • Awards, Book Clubs, State Lists With the options of enrolling as "Report Only" or "Auto -Ship", Ingram standing order programs are designed to provide the ultimate flexibility. Libraries enrolled under the Auto -Ship option have two weeks to edit quantities or delete titles before the list is automatically ordered. Customers have the option of modifying quantities or canceling any order before the titles are in process to be shipped, and may edit program enrollments at any time. With Ingram, you never receive titles in your library unannounced. We recognize that many libraries prefer to place their own orders, either through ipage or their Integrated Library System, and so we offer a Report Only option. The Library can review the title lists, upload final selections to their ILS and place orders solely at their convenience. With this Report Only option, our programs serve as a new title notification system. New titles are added to Ingram's database several months in advance of publication. To participate in a standing order, a customer completes an online enrollment form, letting us know the quantity, and in some cases binding type, of the titles they wish to receive. Based on this profile, we place the titles on backorder (generally 2 to 3 months before release). The Program lists will appear in ipage under Lists/All Program Lists each month, and the library receives email notification that a list has been created. For customers who select the Auto -Ship feature, major hardcover titles will ship as soon as they are received or by the street date. Otherwise, titles will consolidate with your next shipment or ship within 15 days of receipt, whichever comes first. Report Only customers can place their order at any time. Processing Our expertly -trained processing team provides the ultimate in flexibility with more than 100 different components and unlimited customized options for books, audiobooks, DVDs, and music CDs. All processing is done in accordance with the Library's specifications, and quality control measures are in place to ensure that Library expectations are met. Page 869 of 1174 Processing options include, but are not limited to: • AR/SRC Label • Barcode • Branch Labels • Card Set • Catalog Card Kit • Circulation Card • Date Due Slip • Digital Processing for AN • Edit Sheets • Genre Labels • Label Protector • Laminated Paperback Cover MALTA Request for Proposal — Library Materials Page 59 • MARC Record • Mylar Jacket • Pocket • Preprogrammed RFID/Barcode Set • Property Stamp • RFID Tag • Shelf List Card • Spine Label • Spine/Pocket Label • Spine Tape • Spoken Audio Case • Theft Ingram will help the Library to complete an Ingram Processing Specification Sheet to ensure consistency of book appearance. Included details are physical processing rules such as label location, taping requirements, and jacketing needs. Adult and Juvenile materials can have different processing profiles if the Library prefers. We can further refine the Library's profiles based on binding of book. A BookMARC profile will also be completed for any account requiring spine labels or cataloging records. Processing and/or cataloging is profiled on an account level, and any item ordered on an individual account will receive the appropriate processing services. We are able to change your account profile upon written notification. Ingram will be pleased to establish the necessary accounts to accommodate all shipping locations and whether processed or unprocessed books are ordered. BookMARCO Cataloging Ingram provides access to full -level MARC records through BookMARC, the proprietary Ingram cataloging database. BookMARC includes the complete LC MARC database, as well as tens of thousands of entries created by Ingram's MLS-degreed catalogers. Ingram is a trading partner with OCLC, wherein our CIP upgrades and MARC record originals are accepted by OCLC for inclusion in WorldCat. Ingram cataloging is in accordance with the latest editions and versions of the Anglo-American Cataloging Rules/RDA, MARC21 Format, OCLC Bibliographic Formats and Standards, Library of Congress Classification Schedules, Dewey Decimal Classification, Sears List of Subject Headings, and Library of Congress Subject Headings. Ingram cataloging is consistent with LC rule interpretations and cataloging practices. If standard BookMARC cataloging does not meet the Library's needs, Ingram offers a full array of custom cataloging options. Services include: • Search/item linking in the Library ILS utilizing Z39.50 protocol. • Cl P, OCLC, or other Level 5/7 records can be brought up to FULL AACR2 / RDA / MARC 21 standards to correspond with book in hand by an MLS-degreed cataloger. • Where existing or derived records are not available, an original cataloging record can be created with book in hand by an MLS-degreed cataloger. • Should the Library require OCLC Holdings Updates, Ingram can provide this service at no charge, utilizing OCLC Batch Load Services. Page 870 of 1174 MALTA Request for Proposal — Library Materials Page 60 In addition to standard MARC records, Ingram's MLS-degreed catalogers can review and update records to meet local policy requirements. Examples include applying local exceptions to LC or Dewey classification; adding contents, summary, target audience, or local notes; and applying local subject headings or local exceptions to standard subject headings lists. Pricing for these customized services is reflective of the complexity of the Library's technical services requirements. Hard to Find Book Service Ingram offers an optional Hard -to -Find Books service on ipage. Ingram's partner for Hard -to -Find Books is Alibris. Alibris is a leading provider of rare, hard -to -find, and antiquarian books. Search options include Title, Author, Subject, Keyword(s) or ISBN/EAN. You can further refine your results by adding optional attributes including Binding (Any, Hardcover or Softcover), Publication Year (before and after years) and Net Price (Below and Above price criteria.) You can also specify if you want to see only a 1St Edition or Signed copy. This service does not allow for searching for a specific copy of a title. uoi, � w -pro„ 4...0,a:1k- O 0,C CK"tl ._..., --II0411t)AS- IF " o" , i "","$ 5 Books ordered through this service may be used books. When viewing available titles through ipage, the condition of the book will be listed, such as Good, Very Good, Fine, Acceptable. Notations may also include additional information on the condition of the book. $swu'�U M1�mWiW Prey •• ,•�., �� Wlm nMSx ryP �1�� rc,.inv. M�na c. 4 0" u IMwN. M1Fu+, p"wlmx�e Pr , r P,mwIt ,ml-w1m "" 101604111 " a �..,�, IWMI4 Vwm4 m'dmm5 wMwwlY rvri 'ry��l� v � i, A'iWo�i Mwt WaMnEe 9r • � ,�. II}'wytr 1�. bG f nY s. .It 3!.m:�Ivn �A1MW Ewl .,ui IO�m"dar yg: Ax ,��aU.n Ww rit.m.'fi edh lYl'm�am ry LA N w d:2hfOft iNp.wM v e ,w. $swu'�U M1�mWiW Prey •• ,•�., �� Wlm nMSx ryP �1�� rc,.inv. M�na c. 4 0" u IMwN. M1Fu+, p"wlmx�e Pr , r „IoomuNi+W � � ru... IWMI4 A'iWo�i Mwt WaMnEe 9r • � ,�. II}'wytr 1�. bG f nY s. .It Y .'"1 m�. e..o9 J4ww�wW+fllvp rioI%o, / G Page 871 of 1174 MALTA Request for Proposal — Library Materials Page 61 Title Details a�az,nr,insr 1@,im I ,trern mrr,I 'ThO of Time Ove Leap ornlj$m Chavvhj� NY T_$iMrM-im-. per awMV,, ^ A w4Nw �wr �'roe�NlwPon Aw Y m �,i: 0'M4 aM14vW'K, i Maau io r r i �' r t, ror, 0,1101 ., , r �„ w1- e wnff ,� n ��ra 0,11,10-114,,a�.: w wari�- y NO OW a ! f HARD- TO— FIND . TT NB .................. 1 � 1 w 4i,f al � i.� i m�prg Hard to Find Books are not covered under your Ingram contract terms and discounts, and will not receive cataloging or processing services. A per book shipping and handling fee will be applied to each book. Hard to Find Books are not covered under your Ingram contract terms and discounts, and will not receive cataloging or processing services. These titles will be net -priced. No minimum order is required. Ingram will invoice customers for Alibris orders. These invoices will also appear on the monthly Ingram statement. Titles ship from Alibris's distribution facility, and not an Ingram warehouse. They will not combine with your Ingram orders for shipping and may have different turn times and shipping methods. Delivery charges and freight charges will vary from your standard Ingram orders, and a $3.95 per book shipping and handling fee will be applied to each book if shipped within the United States. Ingram Sendr Ingram Sendr is an email marketing tool that allows you to create, send and track beautiful emails to your Library patrons. You can announce events, send staff picks, create an e -newsletter, or advertise a promotion or sale. Ingram Sendr can also be used to push messages to all your social media networks or create a print -ready flyer to distribute by hand. Features include: • Sendr is easy to setup and use with our step-by-step instructions. • Sendr provides ready-made templates waiting to be customized with your Library's news, events, staff picks, book reviews, photos, and more. • Sendr emails can be branded with your Library's logo, information, website and social media links. • Sendr emails can easily be sent to the Library's contact list, shared on social media, or printed. • Sendr currently has 20,000 sends per month. • Sendr emails allow you to remain in contact with your readers even when they're not in your library. • Best of all, Sendr is available at no cost to Ingram Library customers! To learn more, please visit www.ingramsendr.com. Page 872 of 1174 MALTA Request for Proposal — Library Materials Page 62 Marketing Materials on ipage Ingram ipage is the Library's source for free publisher marketing materials. Available assets include shelf talkers, author photos, Q&As, book trailers, reading group guides, printable giveaways, teacher guides, and more. All content is cleared for use in newsletters and reading group materials, on websites and social media, and in other print and digital communications to customers and patrons. Searching and downloading materials is quick and easy. There are two ways to access these files: 1. From the ipage homepage, hover over My Account and select Marketing Materials located under the Ingram Services section. From there you can search through the complete inventory of available assets. INGI. Ecak Title (Keyword) Product Detail (12 of 100) <Itiu it—t a prrrduat in llua I return to list I Invoc pirsidlo t tin hstw The Maze Runner (: Maze Runner Trilogy #01 Contributors) 11.,.(=.r.rc Jan;s,(Author) ISBN: 0385737955 EAN: 9780385737951 Pu6liaher:.lt I t I e^ l i I n `fi ii it Is J IPS SRP:S999 US (Discount REO) ti j _. _.. j Binding: Paperback ADMINISTRATOR SIETTINGS Company Contents&I.6 rcrnati— IMY SETTINGS Change Settings Acces, a Dffferemt Acraunt View Alert Arch ive Sign yup for Iingrartn E-nnall Corm c-icb ions IINGRAM SERVICES inte,gradon services & Data S-1,ces -Il'CIf"%ii'emt 5eruire`'"`+rr,..„„^, IIa, baring I'�, FINANCIAL INFORMATION ACCOUNTING & INVOICES Account Info S. ry Recent or Pending Electronic (Payments AIV Open Accounting Items Do n Invoica5 Closed l invoices. Open Credit Mento, Closed Credit Mermo,. Wlnapplled Cash Chargebaeds Late Payment Ch g Advanced Account & Invoice Search RETURNS &SHORTAGES Create Returns Returns Status Report Shortages Retome/Shortage History (' Pub Date.: Augrst24, 20111 Copyright Date: 2010 Marketing Materials Search FREE marketing materials- are now available from ipage.. Download and share author interviews, book trailers, sample chapters and more with your customers and patrons. Search By [--- --- -.-.- .-.-] 74) O INo Filter (Shaw AIV Materlalsl� fi] (Filter By Materlall TypeCs)r. High Re sc lntlon Author Photo Search$illtier(s):i Hlgh Rescluatlon Cover mage Printable Olveaway Reading 6nuup Guides V Sample Pages"r” $aaroln M.,,k.t,ng, (Materials Materials that match your query are listed below, You may click Download to download the materials to your cormputer.f Author Nolen, pane.. _ _... Supplier: Charlesbrldge Publishing EA N /ISBN: 9781580891368 Binding/Format: Paperback Material Type Ellw Size. -en 1112=110M I ilimmmi rZ � i Page 873 of 1174 MALTA Request for Proposal — Library Materials Page 63 2. When viewing an individual title, look for the Marketing Materials available for this product link on the Title Detail page. Dead Wake: The Last Crossing of the ILusiltalnilal Contriburtor(s):IErik(Auathor) IISBN:0307408868 EAN1:9780307408860 Publisher: C r�.m i Fidi�li Ir,lrro, til r�ur1..(p1V.n. IF v+r FlulI)..l.l I �a ..D...Ifl ')... US SRP:$ 28.00 US (DiscountREG) Binding,; Hardcover Pub Date: March 10, 201 Copyright Date: 2014 Formats: Hardcover More Harallct:avear`� $28.00 Mare iPapseirba�c3k > $28.00 MMorre IUigiiitxll'>- $37.49 Ari.mfiic, moire Auaidliaa> $45.00 .............................. Il rl°I r tcellp. n atd Ir 1, rVs available for this Ipredwct. F* ---------- This iters is Returnable 25. Service Requirements Not Met: If not covered under the sections above, list any specifications in this document that our company will be unable to meet. If you propose to meet service needs in an alternative fashion, give the alternative. Alternative to Lease Plan (Better World Books) Ingram does not offer a traditional lease plan. Our observation is that the offer and use of lease plans by public libraries is in decline. Ingram has chosen to focus our offerings on the services and functionalities that support libraries in the most cost effective manner, which in our experience does not include lease plans. Libraries have found using Ingram's standing order programs in conjunction with our partnership with Better World Books is an efficient, cost effective and eco -friendly alternative to a traditional lease program. The Library could purchase multiple copies as required of all the most popular/best-selling titles and once they are no longer circulating, donate them to Better World Books (BWB) in exchange for credit with Ingram that can be used to purchase new materials. Even better, there are no commitments with this process — no monthly fees and no minimums required. Founded in 2002, Better World Books sells the surplus books of more than 3,000 libraries and 500 bookstores on a consignment basis. A portion of each book sold funds high -impact literacy projects in the United States and around the world. In the process, Better World Books has generated millions of dollars in unrestricted funding for libraries and literacy. Frio Page 874 of 1174 MALTA Request for Proposal — Library Materials Page 64 With Better World Books: ■ The Library collects and boxes discards and donations ■ BWB supplies shipping cartons and coordinates pickup of materials ■ BWB scans, inventories, and prices materials and lists them for sale ■ Books are sold on Bette rWorldBooks. com and 52 additional channels ■ A percentage of each sale is remitted to a non-profit literacy agency selected by each library. ■ A percentage of each sale is remitted to Ingram, and the proceeds of the sale are credited to individual library accounts by Ingram for use on new materials ■ Unsalable items are donated or recycled — nothing gets thrown away. With libraries facing limited physical space and reduced budgets, donating books and receiving credits for the purchase of new materials means that the Library is able to meet its goal of providing current content to its patrons. By participating in Ingram's partnership with Better World Books, the Library can serve not only their local patrons, but their donations will help promote literacy programs world-wide. Utilize Ingram Standing Order Programs to Enter into an annual contract for book leasing automatically receive (or obtain pre -pub services. Receive a monthly selection list of notification of) newly published best-sellers upcoming popular, best-seller titles. Choose and, if desired, add your own title selections. the desired titles from that list and order. No contracts required. Receive books in shelf -ready condition based Receive books in shelf -ready condition on your specifications. Pay invoices as books based on your specifications — some arrive or place funds on deposit as an annual limitations apply. Pay the book leasing purchase plan. contract fee (monthly, quarterly, or annually). When circulation declines, contact BWB for When circulation declines, prepare shipping supplies and to coordinate the paperwork, pack and ship books to your book pickup of materials. BWB scans, inventories, leasing vendor. prices materials and lists them for sale. The returned books are sold on The returned books are used for other BetterWorldBooks.com and other channels. libraries' starter lease collections, sold in A percentage of each sale is remitted to a bulk, or destroyed. non-profit literacy agency selected by the library and a percentage of each sale is remitted to Ingram as a credit to the library for future purchases. Unsalable items are donated or recycled — nothing gets thrown away. The library buys more materials to make The library orders more materials to make patrons happy. patrons happy. Frio FID %, r/ G, Page 875 of 1174 MALTA Request for Proposal — Library Materials Page 65 RFP REQUEST FOR PROPOSAL Title: Library Materials Mid -Atlantic Library Alliance, MALTA ATTACHMENT C PRICING FOR OFFER CONSIDERATION Discounts for Library and Staff Orders Offerors shall return a completed copy of this attachment with their proposals. If pricing differs by type of library (public academic, school, special, or state agency), the contractor shall submit a separate copy of this attachment and specify the type of library for which pricing is proposed. MALiA desires an attractive, predictable pricing structure and, at the same time, a high level of order fulfillment. Accordingly, MALiA seeks to select one or more primary contractors as well as one or more secondary contractors. All discounts quoted will be applied to the publishers' lowest list price in effect at the time of shipment and exclude freight -pass-through pricing. All discounts will apply to all shipments, including backorders, for each order placed by the library. Participating libraries reserve the right to request supporting documentation (including copies of the publishers' invoices) on discount or service charge decisions of the contractor at any time during the contract period. MATERIAL DISCOUNT/ PRICING LIBRARY TYPE (specify): X Public X Academic _School __Special X State Agency 1. Books (Reference LOT 1) 1 Copy 1.1. Adult Trade Hardcover Bindings 1.1.1. Fiction 45.8% 1.1.2 Non-fiction 45.8% MIDIr/ G, 2+ Copy 46.0% 2-4 copies 46.2% 5-9 copies 46.5% 10+ copies 46.0% 2-4 copies 46.2% 5-9 copies 46.5% 10+ copies Page 876 of 1174 MALTA Request for Proposal — Library Materials Page 66 1.2. Paperbacks 2-4 copies 40.0% 5-9 copies 41.0% 1.2.1. Quality 38.0% 10+ copies 42.0% 2-4 copies 40.0% 5-9 copies 41.0% 1.2.2. Mass-market 38.0% 10+ copies 42.0% 1.2.3. Pre -bound 35.0% 35.0% 1.2.4. Time required to ship prebound orders: In -stock, non -processed or cataloged pre -bound books from Perfection Learning and San Val (Turtleback Books) are shipped within 24 hours or on the same business day if placed before local cut-off time at your designated Ingram distribution center. Ingram also offers paperback prebinding by HF Group for titles bought from Ingram. These titles receive the above paperback discounts, plus $5.25 per unit prebinding charge. 1.3. Juvenile Titles 1.3.1. Trade hardcover bindings 1.3.2. Publishers' library bindings 1.3.3. Reinforced bindings 1.3.4. Pre -bound books 1.3.5. Time required to ship prebound orders: DISCOUNT/ PRICING 45.8% 1 copy 46.0% 2-4 copies 46.2% 5-9 copies 46.5% 10+ copies 18.0% 18.0% 35.0% In -stock, non -processed or cataloged pre -bound books from Perfection Learning and San Val (Turtleback Books) are shipped within 24 hours or on the same business day if placed before local cut-off time at your designated Ingram distribution center. Ingram also offers paperback prebinding by HF Group for titles bought from Ingram. These titles receive the above paperback discounts, plus $5.25 per unit prebinding charge. 1.4. Small Press 1.5. University Press 1.5.1 Trade 10.0% 18.0% Page 877 of 1174 1.5.2. Non -trade 1.6. Serial Books (continuations) MALTA Request for Proposal — Library Materials Page 67 18.0% n _ as roi Standing orders and Continuations will receive the same discount schedule as firm orders, as outlined above. 1.7 Reference materials 10.0% Non-trade/short discounted titles will receive a 10% discount. All net titles are sold at 0% discount. 1.8. Cataloging and Processing - Include total support detail and brochures for these services 1.8.1. Complete cataloging and processing 1.19 Automated Package includes Mylar or Label Protectors, Spine Label, Barcode, standard BookMARC record 1.8.2. Cataloging and processing without mylar jacket 1.19 Automated Package includes Mylar or Label Protectors, Spine Label, Barcode, standard BookMARC record 1.8.3. Mylar jacket and kit, unfastened Mylar jacket + Catalog Card Kit 1.59 1.8.4. Mylar jacket, fastened or unfastened $0.60 unattached/ $0.69 attached 1.8.5. Kit, unfastened (to include book pocket, book $0.99 card, spine label, complete set of catalog cards) Catalog Card Kit also includes book pocket 1.8.6. Catalog card set $0.65 1.8.7. Machine-readable cataloging per record $0.35 standard BookMARC record via ipage, email or FTP 1.8.8. Additional charges Ingram offers over 100 processing options. Please contact your Sales Representative for additional processing options. 1.8.9. Reinforced plastic cover for paperbacks: 5 mil thick $1.99 1.8.10. Lighter laminate: Describe & specify thickness: 15 mil MATERIAL 1.85 DISCOUNT / PRICING Page 878 of 1174 1.8.11. Theft -detection devices: attached 3M or Checkpoint Theft; 3M Spine Insert = $0.55 1.8.12. Theft -detection devices: unattached 3M or Checkpoint Theft 2. Audiovisual (Reference LOT 2) 2.1. Formats 2.1.1. Spoken word cassettes 2.1.2. Books on tape MALTA Request for Proposal — Library Materials Page 68 0.50 0.50 •:• WGINTS 2.1.3. Books on CD 0-45% 90-95% of all spoken word audio CD receives the full 45% discount; however some spoken word is short discounted by the publisher 2.1.4. Compact discs 0-45% Music on Compact Disc 2.1.5 Music cassettes No Bid ►.l�W-VGTL7 2.1.8 VHS 2.1.9 Blu-ray 20-35% 20-35% 2.1.10 Others: Video Games 5% 2.2. Performance rights 2.2.1. Public 2.2.2. Home use 2.3. Cataloging and Processing - 2.3.1. Catalog card sets 2.3.2. Machine-readable cataloging 2.3.3. Theft -detection devices 3M DCD-2 Theft Overlay = $1.33 O:• No Bid 0.65 $0.35 standard BookMARC record via ipage, email or FTP 0.50 Provide complete information about what services are offered: Ingram offers over 100 processing options. Please contact your Sales Representative for additional processing options. 3. Software (Reference LOT 3) Frio Page 879 of 1174 MIELTAY00 3.2. Windows 4. E -Books 4.1.. Fiction 4.2. Non-fiction MALTA Request for Proposal — Library Materials Page 69 MOGINTS No Bid ►.:. 4.3 For purchased eBooks, what fees or other charges are applied in addition to the eBook title price? Which of these are paid up front? And which are recurring? 5. Delivery- INSIDE DELIVERY REQUIRED 5.1. Prepaid FOB 5.1.1. Destination 5.1.2. Point of Shipment 5.2 Mode of shipment Frio FID %, r/ G, MALiA libraries Chambersburg, PA or La Verqne, TN Ingram delivery, UPS or other common carrier Page 880 of 1174 MATERIAL MALTA Request for Proposal — Library Materials Page 70 DISCOUNT/ PRICING LIBRARY TYPE (specify): _Public _ Academic X School X Special _State Agency 1. Books (Reference LOT 1) 1 Copy 2+ Copy 1.1. Adult Trade Hardcover Bindings 1.1.1. Fiction 38.0% 38.0% 1.1.2 Non-fiction 38.0% 38.0% 1.2. Paperbacks 1.2.1. Quality 36.0% 36.0% 1.2.2. Mass-market 36.0% 36.0% 1.2.3. Pre -bound 35.0% 35.0% 1.2.4. Time required to ship prebound orders: In -stock, non -processed or cataloged pre -bound books from Perfection Learning and San Val (Turtleback Books) are shipped within 24 hours or on the same business day if placed before local cut-off time at your designated Ingram distribution center. Ingram also offers paperback prebinding by HF Group for titles bought from Ingram. These titles receive the above paperback discounts, plus $5.25 per unit prebinding charge. MATERIAL 1.3. Juvenile Titles 1.3.1. Trade hardcover bindings 1.3.2. Publishers' library bindings 1.3.3. Reinforced bindings 1.3.4. Pre -bound books 1.3.5. Time required to ship prebound orders: Frio I r/ G, DISCOUNT/ PRICING 38.0% 15.0% 15.0% 35.0% Page 881 of 1174 MALTA Request for Proposal — Library Materials Page 71 In -stock, non -processed or cataloged pre -bound books from Perfection Learning and San Val (Turtleback Books) are shipped within 24 hours or on the same business day if placed before local cut-off time at your designated Ingram distribution center. Ingram also offers paperback prebinding by HF Group for titles bought from Ingram. These titles receive the above paperback discounts, plus $5.25 per unit prebinding charge. 1.4. Small Press 1.5. University Press 1.5.1 Trade 1.5.2. Non -trade 1.6. Serial Books (continuations) 10.0% 10.0% 10.0% n _ *iR not Standing orders and Continuations will receive the same discount schedule as firm orders, as outlined above. 1.7 Reference materials 10.0% Non-trade/short discounted titles will receive a 10% discount. All net titles are sold at 0% discount. 1.8. Cataloging and Processing - Include total support detail and brochures for these services 1.8.1. Complete cataloging and processing 1.19 Automated Package includes Mylar or Label Protectors, Spine Label, Barcode, standard BookMARC record 1.8.2. Cataloging and processing without mylar jacket 1.19 Automated Package includes Mylar or Label Protectors, Spine Label, Barcode, standard BookMARC record 1.8.3. Mylar jacket and kit, unfastened Mylar jacket + Catalog Card Kit $1.59 1.8.4. Mylar jacket, fastened or unfastened $0.60 unattached/ $0.69 attached 1.8.5. Kit, unfastened (to include book pocket, book $0.99 card, spine label, complete set of catalog cards) Catalog Card Kit also includes book pocket 1.8.6. Catalog card set $0.65 1.8.7. Machine-readable cataloging per record Frio $0.35 standard BookMARC record via ipage, email or FTP Page 882 of 1174 MALTA Request for Proposal — Library Materials Page 72 1.8.8. Additional charges Ingram offers over 100 processing options. Please contact your Sales Representative for additional processing options. 1.8.9. Reinforced plastic cover for paperbacks: 5 mil thick $1.99 1.8.10. Lighter laminate: $1.85 Describe & specify thickness: 15 mil MATERIAL DISCOUNT / PRICING 1.8.11. Theft -detection devices: attached $0.50 3M or Checkpoint Theft; 3M Spine Insert = $0.55 1.8.12. Theft -detection devices: unattached $0.50 3M or Checkpoint Theft 2. Audiovisual (Reference LOT 2) 2.1. Formats 2.1.1. Spoken word cassettes No Bid 2.1.2. Books on tape No Bid 2.1.3. Books on CD 0-45% 90-95% of all spoken word audio CD receives the full 45% discount; however some spoken word is short discounted by the publisher 2.1.4. Compact discs 20.0% Music on Compact Disc 2.1.5 Music cassettes No Bid 2.1.6 DVD 2.1.8 VHS 2.1.9 Blu-ray 25.0% No Bid 25.0% 2.1.10 Others: Video Games 5% 2.2. Performance rights 2.2.1. Public No Bid 2.2.2. Home use No Bid 2.3. Cataloging and Processing - 2.3.1. Catalog card sets Frior/ G, 0.65 Page 883 of 1174 2.3.2. Machine-readable cataloging 2.3.3. Theft -detection devices 3M DCD-2 Theft Overlay = $1.33 MALTA Request for Proposal — Library Materials Paae 73 $0.35 standard BookMARC record via ipaae, 0.50 Provide complete information about what services are offered: Ingram offers over 100 processing options. Please contact your Sales Representative for additional processing options. 3. Software (Reference LOT 3) 3.1. MAC 3.2. Windows 4. E -Books 4.1.. Fiction 4.2. Non-fiction M.: • ►.:. No Bid 9.: • 4.3 For purchased eBooks, what fees or other charges are applied in addition to the eBook title price? Which of these are paid up front? And which are recurring? 6. Delivery- INSIDE DELIVERY REQUIRED 5.1. Prepaid FOB 5.1.1. Destination 5.1.2. Point of Shipment 5.2 Mode of shipment MALiA libraries Chambersbura. PA or La Verane. TN Ingram delivery, UPS or other common carrier Page 884 of 1174 MALTA Request for Proposal - Library Materials Page 74 ATTACHMENT D MALTA Membership 2016-2017 Name Member City, State 1. Albemarle Regional Library 1129 Winton, NC 2. Alexander County Library 1103 Taylorsville, NC 3. Alleghany Highlands Regional Lib./Charles P. Jones Memorial Library 1197 Covington, VA 4. Amherst County Public Library 1001 Amherst, VA 5. Anderson Public Library 2016-17 1278 Lawrenceburg, KY 6. Anne Arundel County Public Library 1293 Annapolis, MD 7. Appalachian Regional Library 1252 West Jefferson, NC 8. Appomattox Regional Library System 1002 Hopewell, VA 9. Arlington Public Library 2016-17 1288 Arlington, VA 10. Augusta County Library 1089 Fishersville, VA 11. Averett University Library 1093 Danville, VA 12. Bath County Memorial Library 2016-18 New 1291 Owingsville, KY 13. Bedford Public Library 1003 Bedford, VA 14. Belington Public Library 1251 Belington, WV 15. Benton County Public Library 1220 Camden, TN 16. BHM Regional Library 1258 Washington, NC 17. Blackwater Regional Library 1004 Courtland, VA 18. Blue Ridge Community College 1006 Weyers Cave, VA 19. Blue Ridge Regional Library 1007 Martinsville, VA 20. Bluefield College/Easley Library 1008 Bluefield, VA 21. Boone County Public Library 1263 Burlington, KY 22. Boone Madison Library 1239 Madison, WV 23. Botetourt County Library 1009 Roanoke, VA 24. Boynton Beach City Library 1265 Boynton Beach, FL 25. Bracken County Public Library 2016-17 1289 Brooksville, KY 26. Braswell Memorial Library 1155 Rocky Mount, NC 27. Brevard College, J.A Jones Library 1116 Brevard , NC 28. Bridgewater College /Alexander Mack Library/ 1085 Bridgewater, VA 29. Bristol Public Library 1010 Bristol, VA 30. Buchanan County Public Library 1011 Grundy, VA 31. Buncombe County Public Libraries 1144 Asheville, NC 32. Caldwell County Public library 1101 Lenoir, NC Frio Page 885 of 1174 MALTA Request for Proposal - Library Materials Page 75 33. Campbell County Public Library 1012 Rustburg, VA 34. Cape Fear Community College 1188 Wilmington, NC 35. Caroline Library, Inc. 1112 Bowling Green, VA 36. Carroll County High School 1015 Hillsville, VA 37. Caswell County Public Library 1200 Yanceyville, NC 38. Catawba County Library System 1270 Newton, NC 39. Central Rappahannock Regional Library 1016 Fredericksburg, VA 40. Central Virginia Community College Library 1094 Lynchburg, VA 41. Chapel Hill Public Library 1141 Chapel Hill, NC 42. Charlotte County Library 1194 Charlotte Court House, VA 43. Charlotte Mecklenburg Library 1130 Charlotte, NC 44. Chatham County Public Library System 1271 Pittsboro, NC 45. Chesapeake Public Library 1107 Chesapeake, VA 46. Chesterfield County Public Library 1084 Chesterfield, VA 47. Chesterfield County Public Schools 1189 Midlothian, VA 48. Christopher Newport University/Trible Library 1213 Newport News, VA 49. Clarksburg -Harrison Public Library 1234 Clarksburg, WV 50. Clarksville -Montgomery County Public Library 1241 Clarksville, TN 51. Cleveland County Memorial Library 1123 Shelby, NC 52. Clifton Forge Public Library 1145 Clifton Forge, VA 53. College of William & Mary/Wolf Law Library 1149 Williamsburg, VA 54. Colonial Heights Public Library 1017 Colonial Heights, VA 55. Craft Memorial Library 1190 Bluefield, WV 56. Craig County Public Library 1115 New Castle, VA 57. Culpeper County Library 1114 Culpeper, VA 58. Cumberland County Public Library 1275 Burkesville, KY 59. Cumberland County Public Library 1111 Cumberland, VA 60. Danville Community College 1019 Danville, VA 61. Danville Public Library 1020 Danville, VA 62. Davidson County Public Library 1152 Lexington, NC 63. Davie County Public Library 1212 Mocksville, NC 64. Delray Beach Public Library 1273 Delray Beach, FL 65. Duplin County Public Library 1139 Kenansville, NC Frio Page 886 of 1174 MALTA Request for Proposal - Library Materials Page 76 66. Durham Technical Community College 1191 Durham, NC 67. East Albemarle Regional Library 1186 Elizabeth City, NC 68. Eastern Shore Community College 1193 Melfa, VA 69. Eastern Shore Public Library 1022 Accomac, VA 70. ECPI University 1268 Virginia Beach, VA 71. Eliza bethton/Carter County Public Library 1172 Elizabethton, TN 72. Emory & Henry College 1023 Emory, VA 73. Essex Public Library 1113 Tappahonnock, VA 74. Falkville Public Library 1260 Falkville, AL 75. Farmville Public Library 1224 Farmville, NC 76. Fauquier County Public Library 1024 Warrenton, VA 77. Fauquier County Public Schools 1185 Warrenton, VA 78. Ferrum College/Thomas Stanley Library 1025 Ferrum, VA 79. Floyd County Public Library 1238 Prestonburg, KY 80. Fontana Regional Library 1173 Bryson City, NC 81. Franklin County Library 1171 Louisburg, NC 82. Franklin County Public Library 1026 Rocky Mount, VA 83. Galax -Carroll Regional Library 1027 Galax, VA 84. Garrard County Public Library 1250 Lancaster, KY 85. Gaston County Public Library 1147 Gastonia, NC 86. Germanna Community College 1118 Locust Grove, VA 87. Gibsonville Public Library 1255 Gibsonville, NC 88. Gloucester County Library 1087 Gloucester, VA 89. Grant County Public Library 1254 Williamstown, KY 90. Graves County Public Library 1233 Mayfield, KY 91. Greensboro Public Library 1143 Greensboro, NC 92. Greenup County Public Library 1285 Greenup, KY 93. Halifax County -South Boston Public Library 1028 Halifax, VA 94. Hampden -Sydney College 1096 Hampden -Sydney, VA 95. Hampshire County Public Library 1243 Romney, WV 96. Hampton Public Library 1092 Hampton, VA 97. Handley Regional Library 1099 Stephens City, VA 98. Hanover County Public Schools 1136 Ashland, VA 99. Hardin County Public Library 1279 Elizabethtown, KY 100. Hardy County Public Library 1196 Moorefield, WV 101. Haywood County Public Library 1170 Waynesville, NC 102. Heartland Library Cooperative 1264 Okeechobee, FL Frio Page 887 of 1174 MALTA Request for Proposal - Library Materials Page 77 103. Henrico County Public Library 1018 Henrico, VA 104. Henrico County Public Schools 1135 Henrico, VA 105. Henry County Public Library 1276 Eminence, KY 106. Heritage Public Library 1029 Providence Forge, VA 107. Hickory Public Library 1256 Hickory, NC 108. Hocutt-Ellington Memorial Library 1214 Clayton, NC 109. Hopkinsville Christian County Public Library 16-17 1287 Hopkinsville, KY 110. J. Sargeant Reynolds Community College 1030 Richmond, VA 111. James L. Hamner Public Library/Amelia County 1083 Amelia Court House, VA 112. James W. Curry Public Library 1269 French Creek, WV 113. Jefferson Madison Regional Library 1031 Charlottesville, VA 114. Jessamine County Public Library 1210 Nicholasville, KY 115. John Tyler Community College Library 1032 Chester, VA 116. Kanawha County Public Library 1236 Charleston, WV 117. Keyser -Mineral County Public Library 1218 Keyser, WV 118. King University 1034 Bristol, TN 119. Laurel County Public Library 1242 London, KY 120. Lee County Library 1272 Sanford, NC 121. Library of Virginia 1134 Richmond, VA 122. Lincoln County Public Library 1245 Stanford, KY 123. Lincoln County Public Library 1128 Lincolnton, NC 124. Linebaugh Public Library System 1228 Murfreesboro, TN 125. Logan County Public Library 1232 Russellville, KY 126. Lonesome Pine Regional Library 1036 Wise, VA 127. Lord Fairfax Community College/Paul Wolk Library 1037 Middletown, VA 128. Luneburg County Public Library 1253 Victoria, VA 129. Lynchburg College/Knight-Capron Library 1226 Lynchburg, VA 130. Lynchburg Public Library 1038 Lynchburg, VA 131. Madison County Public Library 1225 Richmond, KY 132. Maitland Public Library 1290 Maitland, FL 133. Marion County Public Library 1281 Fairmont, WV 134. Mary Riley Styles Public Library 1039 Falls Church, VA 135. Mary Wood Weldon Memorial Library 1277 Glasgow, KY 136. Mason County Public Library 1211 Point Pleasant, WV Frio Page 888 of 1174 MALTA Request for Proposal - Library Materials Page 78 137. Mauney Memorial Library 1133 Kings Mountain, NC 138. McCreary County Public Library 1284 Whitley City, KY 139. McDowell County Public Library 1146 Marion, NC 140. Mecklenburg County Public Library 1126 Boydton, VA 141. Mecklenburg County Sheriff's Office 1231 Charlotte, NC Libraries 142. Meherrin Regional Library 1040 Lawrenceville, VA 143. Menifee County Public Library 1246 Frenchburg, KY 144. Middlesex County Public Library 1104 Urbanna, VA 145. Montgomery County Public Library 1235 Mt. Sterling, KY 146. Montgomery County Public Schools 1090 Christiansburg, VA 147. Montgomery -Floyd Regional Library 1041 Christiansburg, VA 148. Mooneyham Public Library 1174 Forest City, NC 149. Morgantown Public Library 1208 Morgantown, WV 150. Mountain Empire Community College/Wampler Library 1042 Big Stone Gap, VA 151. New Hanover County Public Library 1216 Wilmington, NC 152. New Martinsville Public Library 1205 New Martinsville, WV 153. New River Community College 1091 Dublin, VA 154. Newport News Public Library System 1044 Newport News, VA 155. Norfolk Public Library 1045 Norfolk, VA 156. Norfolk State University 1249 Norfolk, VA 157. Norris Library Foundation, Inc. 1247 Rutherfordton, NC 158. North Palm Beach Library 2016-17 1286 North Palm Beach, FL 159. Northeast State Community College/Wayne G. Basler Library 1046 Blountville, TN 160. Northern Virginia Community College 1132 Annandale, VA 161. Northumberland Public Library 1047 Heathsville, VA 162. Northwestern Regional Library 1165 Elkin, NC 163. Nottaway County Public Library 1142 Crewe, Va 164. Orange County Public Library 1125 Hillsborough, NC 165. Orange County Public Library 1117 Orange, VA 166. Pamunkey Regional Library 1048 Hanover, VA 167. Paris -Bourbon County Library 1274 Paris, KY Frio Page 889 of 1174 MALTA Request for Proposal - Library Materials Page 79 168. Patrick Henry Community College/Lester Library 1049 Martinsville, VA 169. Paul Sawyier Public Library 1266 Frankfort, KY 170. Pearisburg Public Library 1050 Pearisburg, VA 171. Pender County Public Libraries 1138 Burgaw, NC 172. Pendleton County Library 1183 Franklin, WV 173. Pendleton County Public Library 1261 Falmouth, KY 174. Perry Memorial Library 1223 Henderson, NC 175. Petersburg Public Library System 1051 Petersburg, VA 176. Piedmont Virginia Community College/Betty Sue Jessup Library 1102 Charlottesville, VA 177. Pittsylvania County Public Library 1052 Chatham, VA 178. Polk County Library Cooperative 1267 Bartow, FL 179. Polk County Public Library 1184 Columbus, NC 180. Poquoson Public Library 1053 Poquoson, VA 181. Portsmouth Public Library 1127 Portsmouth, VA 182. Powhatan County Public Library 1088 Powhatan, VA 183. Prince William Public Library System 1054 Prince William, VA 184. Public Library of Anniston -Calhoun County 1292 Anniston, AL 185. Public Library of Johnston County & Smithfield/Selma is under this library as a branch. Number was 1166 1160 Smithfield, NC 186. Pulaski County Library 1055 Pulaski, VA 187. Pulaski County Public Library 1283 Somerset, KY 188. Radford Public Library 1056 Radford, VA 189. Raleigh County Public Library 1259 Beckley, WV 190. Randolph County Public Library 1221 Asheboro, NC 191. Randolph -Macon College/McGraw- Page Library 1058 Ashland, VA 192. Rappahannock Community College 1097 Warsaw, VA 193. Rappahannock County Library 1206 Washington, VA 194. Richmond Public Library 1108 Richmond, VA 195. Richmond Public Schools 1237 Richmond, VA 196. Ritchie County Public Library 1177 Harrisville, WV 197. Roanoke City Public Library 1109 Roanoke, VA 198. Roanoke County Public Library 1059 Roanoke, VA 199. Robeson County Public Library 1164 Lumberton, NC Frio Page 890 of 1174 MALTA Request for Proposal - Library Materials Page 80 200. Rockbridge Regional Library 1120 Lexington, VA 201. Rowan Public Library 1150 Salisbury, NC 202. Russell County Public Library 1061 Lebanon, VA 203. Salem Public Library 1063 Salem, VA 204. Sampson -Clinton Public Library 1137 Clinton, NC 205. Samuels Library 1064 Front Royal, VA 206. Scotland County Memorial Library 1222 Laurinburg, NC 207. Scott County Public Library 1262 Georgetown, KY 208. Shenandoah County Library 1179 Edinburg, VA 209. Sheppard Memorial Library 1182 Greenville, NC 210. Smyth -Bland Regional Library 1066 Marion, VA 211. Southern Pines Public Library 1158 Southern Pines, NC 212. Southern Virginia University/Von Canon Library 1204 Buena Vista, VA 213. Southside Regional Jail Library 1187 Emporia, VA 214. Southside Virginia Community College 1203 Keysville, VA 215. Southwest Virginia Community College 1067 Cedar Bluff, VA 216. Spindale Public Library 1163 Spindale, NC 217. Stanly County Public Library 1195 Albemarle, NC 218. State Library of North Carolina 1248 Raleigh, NC 219. Staunton Public Library 1068 Staunton, VA 220. Suffolk Public Library 1069 Suffolk, VA 221. Sullivan County Public Library 1070 Blountville, TN 222. Tazewell County Public Library 1071 Tazewell, VA 223. Temple Rodef Shalom Library 1257 Falls Church, VA 224. Tennessee State Library & Archives 1199 Nashville, TN 225. Thomas Jefferson Library 1280 Falls Church, VA 226. Thomas Nelson Community College 1072 Hampton, VA 227. Tidewater Community College 1100 Norfolk, VA 228. Transylvania County Library 1156 Brevard, NC 229. Union County Public Library 1140 Monroe, NC 230. University of Virginia's College at Wise/Wyllie Library 1124 Wise, VA 231. Upshur County Public Library 1244 Buckhannon, WV 232. Vienna Public Library 1192 Vienna, WV 233. Virginia Beach Public Library 1073 Virginia Beach, VA Page 891 of 1174 MALTA Request for Proposal — Library Materials Page 81 234. Virginia Department of Corrections -All Facilities 1201 Richmond, VA 235. Virginia Highlands Community College 1075 Abingdon, VA 236. Virginia State University/Johnston Memorial library 1198 Petersburg, VA 237. Virginia Western Community College 1077 Roanoke, VA 238. Warren County Memorial Library 1217 Warrenton, NC 239. Washington County Public Library 1078 Abingdon, VA 240. Wayne County Public Library 1168 Goldsboro, NC 241. Whitley County Public Library 1215 Williamsburg, KY 242. Williamsburg Regional Library 1080 Williamsburg, VA 243. Wilson County Public Library 1162 Wilson, NC 244. Wolfe County Public Library 1282 Campton, KY 245. Wythe -Grayson Regional Library 1098 Independence, VA 246. Wytheville Community College Library 1082 Wytheville, VA Page 892 of 1174 MALTA Request for Proposal — Library Materials Page 82 IIIISS VVI.IS` BLE TO INGRAM LIBRARY SERVICES LLC ATTACHMENT E Small Business Subcontracting Plan Definitions Small Business: "Small business" means a business that has been certified in accordance with Regulations governing Certification by the Virginia Department of Small Business and Supplier Diversity (DSBSD). Certification requirements can be found at www.sbsd.virginia.gov. Women -Owned Business: "Women -owned business" means a business that has been certified in accordance with Regulations governing Certification by the Virginia Department of Small Business and Supplier Diversity (DSBSD). Certification requirements can be found at www.sbsd.virginia.gov. Minority -Owned Business: "Minority-owned business" means a business that has been certified in accordance with Regulations governing Certification by the Virginia Department of Small Business and Supplier Diversity (DSBSD). Certification requirements can be found at www.sbsd.virinia.ov. Small Business: "Small business (including micro)" means a business which holds a certification as such by the Virginia Department of Small Business and Supplier Diversity (DSBSD) on the due date for bids. This shall also include DSBSD-certified women- and minority-owned businesses when they also hold a DSBSD certification as a small business on the bid due date. Currently. DSBSD offers small business certification and micro business designation to firms that qualify. Certification applications are available through DSBSD online at www.DSBSD.virginia.gov (Customer Service). Bidder Name: Preparer Name: Instructions Date: A. If you are certified by the DSBSD as a micro/small business, complete only Section A of this form. This includes DSBSD-certified women -owned and minority-owned businesses when they have also received DSBSD small business certification. B. If you are not a DSBSD-certified small business, complete Section B of this form. For the bid to be considered and the bidder to be declared responsive, the bidder shall identify the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period in relation to the bidder's total price for the initial contract period. in Section B. Frio Page 893 of 1174 MALTA Request for Proposal — Library Materials Page 83 Section A If your firm is certified by the DSBSD provide your certification number and the date of certification. Certification number: Certification Date: B. Plans for Utilization of DSBSD-Certified Small Businesses for this Procurement Micro/Small Status if Contact Type of Planned Planned Business Micro/Small Person, Goods Involvement Contract Name & Business is Telephone and/or During Dollars Address also: & Email Services Initial Period During DSBSD Women of the Initial Certificate # (W), Contract Period of the Minority Contract (M) ($ or %) Totals Frio Page 894 of 1174 MALiA Request for Proposal — Library Materials Pace 84 Attachment F REQUEST FOR PROPOSAL Title: Library Materials Mid -Atlantic Library Alliance, Inc. (MALTA) ATTACHMENT F State Corporation Commission Form Virginia State Corporation Commission (SCC) registration information. The bidder: nX is a corporation or other business entity with the following SCC identification number: F195193-0 -OR- is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR- is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder's out-of-state location) -O R- • is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned bidder's current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia. **NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver): 0 ID Page 895 of 1174 MALTA Request for Proposal — Library Materials Page 85 Definitions of Binding Types and Presses Discounts are applied to the publisher's current list price at the time of order entry. Prior to placing an order, the Library can determine a title's estimated discount by utilizing the "Price this List' feature on ipage. In determining which titles receive less than full trade discounts, Ingram has utilized its best efforts to categorize books for pricing purposes by considering the binding, cost of acquisition, general marketing categories, publisher's discount, and other factors as defined by the Definitions of Binding Types and Presses provided. Ingram reserves the right to be the sole and final determinant of the pricing category. Trade Hardcover: High demand fiction and nonfiction books published with a glued binding and a hardcover. These titles are typically for the general consumer and produced by widely distributed publishers. Trade bindings may also be referred to as retail trade editions, trade books, hardbound books, hardback books, cloth bound books or cloth cover books. Publishers normally produce these titles in larger print runs. * Quality Paperback: High demand fiction and nonfiction books with paper covers and generally no size restriction. Any illustrations or graphics may be placed throughout the book; both paper and printing are high quality. These titles are typically for the general consumer and produced by widely distributed publishers. This binding may also be referred to as trade paper or trade paperback. * Mass Market Paperback: High demand books with paper covers that are produced in a size to fit a standard retail store display and generally deal with subjects of mass appeal. Any illustrations are grouped together in one section of the book. * Library Bindings: Books of higher quality publisher bindings, usually fanned and glued, and may also be sewn. Books may be identified as Library Bindings on ipage. University Press: The binding types may vary for these titles (i.e. Hardcover and/or Paperback), but all are published by a University Press. Short Discount/Non-Trade: Lower demand, small print -run books in various bindings, and includes legal, technical, reference, scientific, and medical titles as defined by Ingram subject categories. Titles are generally published by small or university presses. Also included are print and audiobook titles purchased at lower than full trade discount; titles with limited sales volume; and/or titles from publishers not in compliance with Ingram's purchasing requirements. Ingram is pleased to make this broad base of titles available to our customers with no service charges. Large Print: Ingram does not recognize the large print title as a separate binding type for discount purposes. Large print titles will receive discounts according to the binding/press assigned to the ISBN ordered as outlined above. Graphic Novels: A narrative work in which the story is conveyed to the reader using comic form. The term is employed in a broad manner, encompassing nonfiction works and thematically linked short stories as well as fictional stories across a number of genres. Picture Books, Board Books, Easy Readers, and Big Books: These juvenile genre categories are not discounting categories used by Ingram. These books will receive the discount appropriate to the specific binding/press ordered as outlined above. We estimate that at least 80% would receive the full trade discount. Frio Page 896 of 1174 MALTA Request for Proposal — Library Materials Page 86 Prebound Books: Paperback books bound into a hardback edition. Our inventory also includes over 17,500 prebound titles from Perfection Learning and San Val (Turtleback Books), and are identified on ipage as Prebound-Sewn or Prebound-Glued World Language Materials: Ingram does not recognize Spanish language (or any world languages) as a discounting category. These books will receive the discount appropriate to the specific binding/press ordered as outlined above. Spoken Word Audio: Audiobooks produced for the general consumer and dealing with subjects of mass appeal. Spoken Word audio may be abridged or unabridged and are generally sold by publishers at full trade discounts, however some titles may be short discounted by the publisher. Ingram does not differentiate between MP3 CD and Audio CD formats for discounting purposes. Book and spoken word audio kits will receive discounts based upon classification of the title, typically by the publisher, as a book or as a spoken word audio. If classified as a book, it will receive the discount appropriate to the specific binding/press assigned to the ISBN ordered. DVD and Blu-ray: Currently, Ingram provides pre-recorded titles in these categories under a single discount. However, should a new format of DVD emerge in the industry for which studios apply different purchasing terms, Ingram will notify the Library of the discount applicable to that new format. Net: Low demand, small print run books in various binds upon which Ingram receives minimal or no purchase discount. This category of book will receive a 0% discount. Ingram is pleased to make this broad base of titles available to our customers with no service charges. *See Short Discount for explanation on titles that may fall outside of this discount category Frio Page 897 of 1174 Contract: 2017-71500-01 Renewal Number; 1 Issued By: Library of Viirginla, on behalf of Mid -Atlantic Library Alliance, Inc. (MALIA) University of Virginia's College at Wise One College Avenue Wise, VA 24293 Contractor: Ingram Library Services, LLC One Ingram Blvd, La Vergne, TN 37086-1986 This renewal Agreement Is entered into pursuant to the basic Contract with the following changes: PERIOD OF AGREEMENT: From July 1, 2020 through June 30, 2021 with one remaining annual renewal. STATUS OF PERSONNEL: CaroW Newsome, has been designated as the Contract administrator. Except for the changes provided herein, all other terms and conditions of the basic Contract remain unchanged and in full force and effect. Contractor /. C�s ' 3/17/20 Signature and Date Pamela R. Smith, Vice President and General Manager zffM9MMfi=G=,E Purchasing Agency Al! Signatuare and Date, .� w�C,,, � a�y�'�-' Name and Title (Printed) Page 898 of 1174 LIBRARY OF VIRIGNIA, ON BEHALF OF MID -ATLANTIC LIBRARY ALLIANCE, INC. (MALTA) Contract Renewal/Modification Date: May 5, 2021 Contract: 2017-71500-01 Modification Number: Renewal Number: 2 Issued By: Library of Virginia, on behalf of Mid -Atlantic Library Alliance, Inc. (MALTA) University of Virginia's College at Wise One College Avenue Wise, VA 24293 Contractor: Ingram Library Services, LLC One Ingram Blvd. La Vergne, TN 37086-1986 This contract modification is replace the following sections: VI. General Terms and Conditions Page 2 of Ingram Response J. Payment Payment terms will honor contract terms at Net 30 days EOM: While other vendors demand payment from invoice date, Ingram's terms are calculated on statement date at the end of each month. With payment due 30 days from statement date, the customer's payment is due an average of 45 days from invoice (30-59 days). Ingram reserves the right to assess a late charge on all past due invoices. For opening day collections, Ingram can store product and ship to you at an agreed upon date under the following terms. Items will be invoiced when they are moved to storage in an Ingram facility after receiving processing and cataloging services, and are payable within 30 days EOM. Ownership and title of said product passes to the Library upon invoice. Payment terms under this Contract shall be Net 30 Days, EOM. Payment is required for invoices within these terms even when a purchase order has not been completed. Ingram does not invoice for items until they have been shipped. While other vendors demand payment from invoice date, Ingram's terms are calculated on statement date at the end of each month. With payment due 30 Page 899 of 1174 days from statement date, the customer's payment is due an average of 45 days from invoice (30- 59 days). Ingram reserves the right to assess a late charge on all past due invoices. W= For libraries with a minimum of $50,000 in annual expenditures with Ingram or a commitment to meet this annual expenditure level, Orders will ship with Ind -paid fre[&ht from your current primary distribution center, Shipments of 15 or more units from Your secondary distribution center qualify for Ingrarn-paid freight, Shipments of less tha:r, 15 units from your secondary distribution center will be charged a flat $5.00 shipping fee. This flat fee amount or qualifying unit quantity is subject to change with notice. Items picked, packed, and shipped together count as an individual shipment. For libraries with less than $50,000 in annual expenclitures with Ingram, shipments of .15 or more units from your primary distribution center or frorn Your secondary distribution center will qualify for Ingram -paid freight. Shipments of less than 15 units will be charged a flat $5.00 shipping fee. Items picked, packed, and shipped together count as an individual shipment. This flat fee amount or qualifying unit quantity is subject to change with notice. Shipping will be via best method, which may include order or account consolidatuon, shipping schedules or other account setting adjustments to maintain freight costs below 2% of invoice,. Ingram does not currently assess any additional fees for shipping. However, given the unpredictable impact of rising oil prices, Ingram reserves the right to assess a fuel surcharge with notice. This renewal Agreement is, entered into pursuant to the basic Contract with the following, changes: PERIOD OF AGREEMENT., From July 1, 2021 through, June 30, 2022 with no renewals remaining. STATUS OF PERSONNEL: Debra Weiss, has been designated as the Contract administrator. Except for the changes provided herein, all other terms and conditions of the basic Contract remain unchanged and in full force and effect. Library of Virginia • May 7, 2021 5i nature and Date _Sigr)ature and Date Pamela R. Smith, Vice President & General Manager Name and Title (Printed) Name andl Title (Printer Page 900 of 1174 6.N. Consent Agenda 10/19/2021 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of September 2021. 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. All backup documentation is available upon request. Below is a list of the purchases for September 2021: Purchase Order # Vendor Amount 211590 FL CARIBBEAN ARCHITECTURE, INC. $20,200.00 211591 A-1 AIR SOLUTIONS, LLC $12,082.00 211596 SAFE 4 PLAY, LLC $99,855.00 211601 770 DECORATIVE CONSTRUCTION $16,432.00 211603 KOMPAN, INC. $24,301.37 211621 CUSTOM PUMP & CONTROLS, INC. $22,020.00 211627 RPM GENERAL CONTRACTORS, INC. $14,750.00 211640 TJ BOWLES ELECTRIC CO., INC $12,170.00 211641 TJ BOWLES ELECTRIC CO., INC $12,000.00 211642 TJ BOWLES ELECTRIC CO., INC $33,080.00 211643 MOTOROLA SOLUTIONS INC. $22,927.65 211658 FL DESIGN DRILLING CORP $79,900.00 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. 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: Strategic Plan: Page 901 of 1174 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttacIhtirTI sir'lt Description w: E)sPt sirnlbE)r 2021 ... IPLArchaa: E)S oveir $1 0,000 Page 902 of 1174 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR SEPTEMBER 2021 1. Vendor: FL CARIBBEAN ARCHITECTURE, INC Purchase Amount: $20,200.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 9/1/2021 Brief Description of Purchase: Women's Club Facility - Redesign of and upgrades to all existing restrooms to bring them into compliance with ADA requirements Source for Purchase: Contract # 035-2511-21 Fund Source: 302-4145-580.62-01 RP2138 Subject to reimbursement through Interlocal Agreement with CRA 2. Vendor: A-1 AIR SOLUTIONS Purchase Amount: $12,082.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 9/1/2021 Brief Description of Purchase: Pistol Range - Replacement of roof -top air conditioner with 10 ton International Comfort Products (ICP) brand unit Source for Purchase: Contract # 012-2511-20 Fund Source: 303-4101-580.64-18 GG1004 3. Vendor: SAFE 4 PLAY Purchase Amount: $99,855.00 Requesting Department: PUBLIC WORKS Contact Person: FRANKY LAZO Date: 9/3/2021 Brief Description of Purchase: Barrier Free Park - Removal and disposal of existing turf. Fix and repair base layer and installation of Perfect Turf Play55 for all playground areas Source for Purchase: 3 quotes were received for construction Fund Source: 303-4233-572.63-05 project under $100,000 RP2104 4. Vendor: 770 DECORATIVE CONSTRUCTION GROUP LLC Purchase Amount: $16,432.00 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 9/8/2021 Brief Description of Purchase: West Water Treatment Plant - Automation of existing security gate, to provide controlled entry for our municipal facility. Source for Purchase: 3 quotes Fund Source: 403-5000-533.65-02 WTR127 5. Vendor: KOMPAN INC Purchase Amount: $24,301.37 Requesting Department: PUBLIC WORKS Contact Person: FRANKY LAZO Date: 9/9/2021 Brief Description of Purchase: Barrier Free Park - Removal of end of life playground equipment and installation of new play equipment as part of the play surface turf replacement. Source for Purchase: Piggyback: Omnia Partners Fund Source: 303-4233-572.63-05 Contract # 2017001135 RP2104 Page 903 of 1174 Page 2 Page 904 of 1174 6. Vendor: CUSTOM PUMP & CONTROLS, INC. Purchase Amount: $22,020.00 Requesting Department: UTILITY Contact Person: BRANDON MINGO Date: 9/14/2021 Brief Description of Purchase: Purchase of four (4) submersible pumps & four (4) grinder pumps for the Lift Stations. Two (2) of the submersible pumps will be for Lift Station # 990 located at the golf course and the additional two (2) pumps along with the grinder pumps will be for stock. Source for Purchase: Contract # 014-2821-19 Fund Source: 403-5000-535.64-04 7. Vendor: RPM GENERAL CONTRACTORS, INC Purchase Amount: $14,750.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 9/15/2021 Brief Description of Purchase: The Links Golf Course - Restroom renovation with grab bars and ADA accessibility Source for Purchase: Contract # 028-2511-20 Fund Source: 302-4501-572.62-01 GF1804 8. Vendor: TJ BOWLES ELECTRIC CO., INC. Purchase Amount: $12,170.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 9/20/2021 Brief Description of Purchase: Oceanfront Park, Intracoastal Park and Crowder Dog Park - Installation of electric vehicle (EV) charging station at each location Source for Purchase: 3 quotes Fund Source: 303-4199-580.63-00 GG2001 9. Vendor: TJ BOWLES ELECTRIC CO., INC. Purchase Amount: $12,000.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 9/20/2021 Brief Description of Purchase: Banyan Tree at 100 E. Ocean Avenue - Installation of two (2) electrical brooks boxes for tree lighting KAPOC Tree at 125 E. Ocean Avenue - Installation of two (2) electrical brooks boxes for tree lighting Source for Purchase: 3 quotes Fund Source: 303-1214-580.63-00 TS2102 10. Vendor: TJ BOWLES ELECTRIC CO., INC. Purchase Amount: $33,080.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 9/20/2021 Brief Description of Purchase: Sara Sims Park - Installation of two (2) - 200 amp services at park for receptacle light boxes. Installation of 4 electrical brooks boxes at Amphitheater, and 10 installed on west side, and 8 installed on east side. Source for Purchase: 3 quotes Fund Source: 303-4218-572.63-05 RP2145 Page 2 Page 904 of 1174 11. Vendor: MOTOROLA SOLUTIONS, INC. Purchase Amount: $22,927.65 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 9/21/2021 Brief Description of Purchase: Purchase of Base Layer Integration Software Platform with Motorola Avigilon system. This will allow staff to bring additional video feeds to the Real Time Crime Center. This network equipment will provide additional support on a temporary basis until additional sites are equipped with Avigilon. Source for Purchase: 3 quotes Fund Source: 303-4119-521.64-15 PD2108 12. Vendor: FL DESIGN DRILLING CORP Purchase Amount: $79,900.00 Requesting Departmenr: UTILITY Contact Person: TREMAINE JOHNSON Date: 9/24/2021 Brief Description of Purchase: Master Pump Station 356 Rehabilitation - Furnish and install three (3) 14" flange plug valves, two (2) 12" flange check valves and a 10" flange check valve. Source for Purchase: 3 quotes Fund Source: 403-5000-535.65-04 SWR102 Page 3 Page 905 of 1174 C -e] Consent Agenda 10/19/2021 Requested Action by Commission: Proposed Resolution No. R21-141 -Approve and authorize the City Manager to sign the First Amendment to The First Restated I nterlocal Agreement R2016-1581 between the City of Boynton Beach (City) and Palm Beach County (County) utilizing the County's microwave system to transport radio signals from the City's tower to the County's Master Site. Explanation of Request: The City of Boynton Beach entered into a First Restated I nterlocal Agreement dated November 1, 2016 pursuant to Resolution 82016-1581. This request is to upgrade the countywide public safety radio system along with the digital microwave communications. Estimated costs are based on the allocation of County's overall costs. The City's estimated costs are $5,000.00. How will this affect city programs or services? It will enhance the public safety radio system. Fiscal Impact: Budgeted in police operating budget. Alternatives: If not approved, the City will not be able to utilize the latest communication technology for public safety, which would potentially hinder the officers' ability to effectively communicate while in the field. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 906 of 1174 Type D A rTIE)ind rTIENI'l t D I ['AE)irlocal gir'E)E)irTIE)l['It Description RE)SOkAboin approviing ChE) Il:::::liir'stAiryiEsil'idiryiEsll'it taxa 1::::: li ir'st IfRE)StatEd II I A with FIBC for irnicirow-ave, irado LASE) 1::::: irst ArTIE)indirTIENI'lt 1::::: irst IRE)StatEd II ['AE)irlocal Agir'E)E)irTIE)l['It Page 907 of 1174 I RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST AMENDMENT TO 4 THE FIRST RESTATED INTERLOCAL AGREEMENT R2016-1581 BETWEEN THE 5 CITY OF BOYNTON BEACH (CITY) AND PALM BEACH COUNTY (COUNTY) 6 UTILIZING THE COUNTY'S MICROWAVE SYSTEM TO TRANSPORT RADIO 7 SIGNALS FROM THE CITY'S TOWER TO THE COUNTY'S MASTER SITE; AND 8 PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, the City of Boynton Beach entered into a First Restated Interlocal Agreement 10 dated November 1, 2016 pursuant to Resolution R2016-1581; and 11 WHEREAS, this First Amendment is to upgrade the county -wide public safety radio 12 system along with the digital microwave communications; and 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 14 recommendation of staff, deems it to be in the best interests of the City residents to approve and 15 authorize the City Manager to sign the First Amendment to First Restated Interlocal Agreement 16 with Palm Beach County utilizing the County's microwave system to transport radio signals from 17 the City's tower to the County's Master Site. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 19 BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above is true and correct and incorporated 21 herein by this reference. 22 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 23 approve and authorize the City Manager to sign the First Amendment to the First Restated 24 Interlocal Agreement with Palm Beach County utilizing the County's microwave system to 25 transport radio signals from the City's tower to the County's Master Site. A copy of the First 26 Amendment to First Restated Interlocal Agreement is attached hereto as Exhibit "A". 27 Section 3. That this Resolution shall become effective immediately upon passage. W-* S:ACA\RESO\Agreements\First Arnendinent To First Restated ILA With PBC For Microwave Radio Use - Reso.Docx Page 908 of 1174 29 PASSED AND ADOPTED this 19th day of October, 2021 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE YES NO S:ACA\RESO\Agreements\First Arnendinent To First Restated ILA With PBC For Microwave Radio Use - Reso.Docx Page 909 of 1174 City of Boynton Beach/ First Amendment to Interlocal Agreement FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT to Interlocal Agreement R2016-1581, is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida ("County"), and the City of Boynton Beach, a municipal corporation of the State of Florida ("City"). In consideration of the mutual promises contained herein, the County and City agree as follows: 1. The term of the Agreement expired on October 31, 2021 and shall be retroactively extended through October 30, 2026 pursuant to the exercise of the first five (5) year renewal option. 2. The Agreement is hereby modified to add the following: SECTION 3A: INSURANCE Without waiving the right to sovereign immunity as provided by section 768.28, Florida Statutes, (Statute), the City represents that it is self-insured with coverage subject to the limitations of the Statute, as may be amended. If City is not self-insured, City shall, at its sole expense, purchase and maintain in full force and effect at all times during the life of this contract, insurance coverage at limits not less than those contained in the Statute. Should City purchase excess liability coverage, City agrees to include County as an Additional Insured. The City agrees to maintain or to be self-insured for Workers' Compensation Insurance in accordance with Chapter 440, Florida Statutes. Should City contract with a third -parry (Contractor) to perform any service related to the Agreement, City shall require the Contractor to provide the following minimum insurance: • Commercial General Liability insurance with minimum limits of $1,000,000 combined single limit for property damage and bodily injury per occurrence and $2,000,000 per aggregate. Such policy shall be endorsed to include City and County as Additional Insureds. City shall also require that the Contractor include a Waiver of Subrogation against County. • Business Automobile Liability insurance with minimum limits of $1,000,000 combined single limits for property damage and bodily injury per occurrence. • Workers' Compensation insurance in compliance with Chapter 440, Florida Statutes, and which shall include coverage for Employer's Liability with minimum limits of $1,000,000 each accident. Page 1 of 3 Page 910 of 1174 City of Boynton Beach/ First Amendment to Interlocal Agreement When requested, the City shall provide an affidavit or Certificate of Insurance evidencing insurance or self-insurance. Compliance with the foregoing requirement shall not relieve the City of its liability and obligations under this Agreement. 3. Section 9 of the Agreement is deleted in its entirety and replaced with the following: SECTION 9: APPLICABLE LAW This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in a court of competent jurisdiction located in Palm Beach County, Florida. 4. Section 14 of the Agreement is deleted in its entirety and replaced with the following: Section 14: NON-DISCRIMINATION The County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as may be amended, AT&T warrants and represents that throughout the term of the Agreement, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Agreement. 5. The Agreement is hereby modified to add the following: SECTION 15: E -VERIFY -EMPLOYMENT ELIGIBILITY 15.01 Municipality warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended, and that it: (1) is registered with the E -Verify System (E-Verify.gov), and beginning January 1, 2021, uses the E -Verify System to electronically verify the employment eligibility of all newly hired workers; and (2) has verified that all of the Municipality's contractors and subcontractors performing any duties and obligations of this Agreement are registered with the E -Verify System, and beginning January 1, 2021, use the E -Verify System to electronically verify the employment eligibility of all newly hired workers. 15.02 County shall terminate this Agreement if it has a good faith belief that Municipality has knowingly violated Section 448.09(l), Florida Statutes, as may be amended. 5. Except as modified by this First Amendment, the Agreement remains unmodified and in full force and effect in accordance with the terms thereof and is hereby ratified and confirmed by the City and the County. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK Page 2 of 3 Page 911 of 1174 City of Boynton Beach/ First Amendment to Interlocal Agreement IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed as of the day and year first above written. ATTEST: JOSEPH ABRUZZO CLERK OF THE CIRCUIT COURT & COMPTROLLER Bv: Deputy Clerk APPROVED AS TO LEGAL SUFFICIENCY: County Attorney ATTEST: CITY CLERK Crystal Gibson, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: PALM BEACH COUNTY, a political subdivision of the State of Florida , Mayor APPROVED AS TO TERMS AND CONDITIONS: By: Isami Ayala-Collazo, Director Facilities Development & Operations CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida Lori LaVerriere, City Manager By: Shana Bridgeman, Assistant City Attorney Page 3 of 3 Page 912 of 1174 Agenda Item ##: 3# J PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MARY01 Meeting Date: November 1, 20116 [ .D Consent [ Regular [ � Ordinance [ Pubfic Hearing rtment: Facifities :fDevefopment & I. E ECIJTIYE BftIF.1 ° � , SV at)s ...1 r Motion and Title: Staff recommends motion to approve: the First Restated Interlocal Agreement ("Agreement") with the City of Boynton Beach, a municipal corporation ("City") to use the County's microwave system to transport signals between the City and the County's Master Site. Summary: This Agreement with the City, which provides the terms and conditions under which the City can use the County's microwave system to transport radio signals from the City's tower to the County's Master Site. The Agreement provides for four (4) renewal options, each for a period of five (5) years. The City has approved the Agreement. Under the terms of the Agreement, the City pays a pro rata share of the operational and maintenance costs associated with the microwave system. The costs for each fiscal year are provided by the County by March 1st annually. The Interlocal Agreement may be terminated by either party, with or without cause, with one (1) year notice. It is the City's responsibility to purchase, install, own and otherwise maintain the radio equipment located at the City's Tower. (FDO Admin) Countywide (LDC) Background & Justification: The County has committed to the purchase, design, installation and operation of a Countywide P25 Public Safety Radio System and digital microwave communication system to meet the needs of the Palm Beach County Sheriffs Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Management Service, and various Palm Beach County general governmental agencies; and the City has committed to the purchase, design, installation and operation of its own a P25 Trunked Radio System to meet the needs of the City of Boynton Beach. The City and County previously entered into an Interlocal Agreement dated February 5, 2001, recorded in the Official Records of Palm Beach County at OR 12327, Page 1812 pursuant to Resolution R2001-0200 as amended by the First Amendment pursuant to R2006-0554, the Second Amendment pursuant to R2011-0121 and the Third Amendment pursuant to Resolution R2015-1558. This First Restated Interlocal Agreement replaces the previous Interlocal Agreement and its amendments. The City intends to use the County's microwave system to transport signals between the City and the Master Site. The annual cost for the microwave use is $2,184.98. The County's estimated annual costs are Average Infrastructure Maintenance costs are $1.3 Million (not including the above microware maintenance) and the City uses three (3) of the fourteen (14) microwave sites. The City uses (2) T -1s to three (3) separate towers. Attachments: 1. First Restated Interlocal Agreement with the City of Boynton Beach Recommended By: Approved By: IN .gyp fp Department Director Page 913 of 1174 II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 2017 2018 2019 2020 Capital Expenditures Operating Costs External Revenues Program Income (County) In -Kind Match (County NET FISCAL IMPACT *$0.00 $0.00 $0.00 $0.00 # ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included in Current Budget: Yes No Budget Account No: Fund Dept unit Revenue Source 2021 $0.00 B. Recommended Sources of Funds/Summary of Fiscal Impact: There is no fiscal impact to this item as each City is paying 100% of the costs unique to their work. The costs for the microwave will be provided by the County to the City no later than March I" annually. The costs for the receiver site will not be adjusted annually. C. Departmental Fiscal Review: A. OFMB Fiscal and/or Contract Development Comments: 0 V , 0 B t 7,0 Con&ct De—vel #A00(p B. Le al Su"' i ne fo Sur 4Assistant Counjtyoey4� C. Other Department Review: Department Director This summary is not to be used as a basis for payment. I W Page 914 of 1174 R 2 li i� � f � ux FIRST RESTATED INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into NOV 0 1 2016 by and between Palm Beach County ("County"), a political subdivision of the State of Florida and the City of Boynton Beach ("City"), a municipal corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS, Section 163.01, Florida Statutes (2015), the Florida Interlocal Cooperation Act of 1969 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities and permits public agencies to enter into Interlocal Agreements to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the County has committed to the purchase, design, installation and operation of a P25 Public Safety Radio System ("PSRS") and digital microwave communication system to meet the needs of the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Management Service, and various Palm Beach County general governmental agencies; and WHEREAS, the County and the City entered into a lease agreement between the County, the City and AT&T (R99 -311D) dated 2/23/99, ("Lease Agreement") for the County's use of a tower ("Tower Site S-11") located within the municipal limits of the City for the County's microwave and PSRS equipment; and WHEREAS, two (2) T Is will be used by the City; and WHEREAS, the Lease Agreement requires that the County and the City enter into a separate agreement addressing the operational and maintenance responsibilities of the microwave system; and WHEREAS, the City intends to use the County's microwave system to transport signals between the City and the Master Site; and WHEREAS, the City and County previously entered into an Interlocal Agreement dated February 6, 2001, recorded in the Official Records of Palm Beach County at OR 12327, Page 1812 pursuant to Resolution R2001-0200 as amended by the First Amendment pursuant to R2006-0554, the Second Amendment pursuant to R2011-0121 and the Third Amendment pursuant to Resolution R2015-1558. Page 1 of 7 Page 915 of 1174 NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained herein the parties hereto agree as follows. SECTION 1. Purpose The purpose of this Interlocal Agreement is to amend and restate the Interlocal Agreement and set forth the County and the City's fiscal responsibilities with respect to the City's use of the County's microwave system to transport signals to and from the City's 800 MHz trunked radio system to the County's Master Site. This Agreement is to be read and interpreted in conjunction with the Lease Agreement and the Cooperative Agreement and any amendments. The Cooperative Agreement contains fiscal and other obligations of the County and the City with respect to the City's connection to and use of the County's microwave system and together with this Agreement result in the agreement contemplated under Section 10.01 of the Lease Agreement. SECTION 2. Responsibilities 2.01 MICROWAVE. The County will be responsible for the purchase, installation, ownership and physical maintenance and operation of the microwave equipment at the Tower Site S-11. 2.02 The City agrees to pay its fair share of the operation and maintenance costs associated with the Microwave System between the Tower Site S-11 and the County's Master Site, on pro rata basis. The operations and maintenance costs to be included are: system administration costs (which include personnel costs), utilities, equipment, software, and component renewal and replacement costs, and microwave equipment maintenance costs (which maybe out -sourced or performed by the County). 2.03 The costs for the future fiscal year (October 1 — September 30) will be provided by the County to the City by the County Administrator or his or her designee, no later than March I't annually. The costs shall be calculated using the following methodology updating the total system maintenance and administration costs as well as the percentage of total costs attributable to the microwave system; to reflect actual. 2.01.2 The costs to use the County's microwave system shall be calculated using the following methodology updating the total system maintenance and administration costs as well as the percentage of total costs attributable to the microwave system to reflect actual costs. The County's estimated annual costs are Microwave System Maintenance costs are $143,000. The City uses three (3) of the fourteen (14) microwave sites. The City uses (2) T-ls to three (3) separate towers. $143,000 x 3/14 x 2/28 = $2,184.98. The annual cost for the microwave use is $2,184.98. Page 2 of 7 Page 916 of 1174 2.04 The City shall pay the County, in full, each fiscal year no later than February l't. Payment shall be made to: Board of County Commissioners Attn: Electronic Services and Security Division 2633 Vista Parkway West Palm Beach, FL 33411 2.05 The County shall have no obligation to provide a microwave system for the City's use, in the event that the County discontinues use of its microwave system or is not operating microwave equipment at the Tower Site 5-11. SECTION 3. Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. The County makes no representations about the capabilities or reliability of the County's microwave system or network equipment. The County's System is designed to assist qualified law enforcement, fire, and other emergency service professionals. It is not intended to be a substitute for the exercise of judgment or supervision of these professionals. Both parties acknowledge that the responsibility for providing law enforcement, fire, or other emergency services rests with the City, which is providing such service, and not with the other party to this Agreement. SECTION 4. Term of Agreement The term of this Agreement shall be a period of five (5) years from the date of execution ("Effective Date") and may be renewed for four (4), five (5) year periods upon written modification by both parties. SECTION 5. Amendments to this Agreement This Agreement may be amended from time to time by written amendment by all Parties. SECTION 6. Termination This Agreement may be terminated by any party without cause upon one (1) year notice. The Agreement may be terminated for cause by either party upon sixty (60) days notice. This Agreement shall automatically terminate in the event that the County discontinues the operation of the microwave system at the City's Tower Site. Page 3 of 7 Page 917 of 1174 In the event that the Cooperative's Interlocal Agreement is terminated, but the Lease Agreement remains in effect, the County and City will amend the Agreement within 60 days of the termination of the Cooperative's Interlocal Agreement to include the remainder of both parties' obligations to the microwave system. SECTION 7. Annual Budget Appropriations The County's and City's performance and obligation to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose by the Board of County Commissioners and the City Council. SECTION 8. Notices Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of the receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the County: Director, Facilities Development & Operations 2633 Vista Parkway West Palm Beach, FL 33411 With a copy to: Radio System Administrator 2633 Vista Parkway West Palm Beach, FL 33411 County Attorney's Office 301 North Olive Avenue West Palm Beach, FL 33402 As to City: City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 With a copy to: Chief of Police City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Page 4 of 7 Page 918 of 1174 SECTION 9. Applicable Law Enforcement Costs This Agreement shall be governed by the laws of the State of Florida. In any litigation brought by a party to this Agreement to enforce the terms of this Agreement, each party shall bear its own costs and attorney's fees incurred in connection therewith. SECTION 10. Filing A copy of this Agreement shall be filed by the County with the Clerk of the Circuit Court in and for Palm Beach County. SECTION 11. Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of &1e Constitutional or Statutory duties of any party. SECTION 12. Palm Beach County Office of the Inspector General Audit Requirements Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-321 — 2-440, as may be amended. The Inspector General is authorized with the power to review post, present and proposed County contracts, transactions, accounts and records The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 — 2- 440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. SECTION 13. No Third Party Beneficiary No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or City. SECTION 14. Non-discrimination Pursuant to Resolution R-2014-1421, as amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds to any organization that practices discrimination on the basis of race, color, national origin religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability or genetic information. Page 5 of 7 Page 919 of 1174 The City has submitted to County a copy of its non-discrimination policy which is consistent with the above paragraph, as contained in Resolution R-2014-1421, as amended, or in the alternative, if the City does not have a written non-discrimination policy, or one that conforms to the County's policy, it has affirmed through a signed statement provided to County that City will conform to the County's non-discrimination policy as provided in R-2014-1421, as amended. (Remainder of the page intentionally left blank) Page 6 of 7 Page 920 of 1174 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. SUFFICIENCY: j , L am, NOV 0 1 2016 PALM BEACH COUNTY, a political subdivision oft a State of Florida By: . ...... .. I .. ... . Mary. Berger, Mayor. CONDITIONS - By: ry.. By: fto� SL'I:q .......... y torney inn Audrey 7off', Direc or Facilities Development & Operations 0 0 Bt a o?' Clerk JOft A. Pyle . . . . . . . . . . . m............_............ ............ . ............ B�' Attorn� C 6 CITY OF BOYNTON BEACH, by its City Commissioners By: m, i" Page 921 of 1174 Consent Agenda 10/19/2021 Requested Action by Commission: Proposed Resolution No. R21-142 - Authorize the Mayor 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 2021-2022 funding cycle in the amount of $73,466.00. Approval of this award will allow BBPD to keep the current VOCA funded victim advocate on staff. 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. How will this affect city programs or services? BBPD currently has one full time city funded and one VOCA funded victim advocate that are responsible for assisting victims of crime within the community. During FY 2020, 1,197 victims were assistant and another 1,248 in FY 2021. The specific services provided ranged from assisting with restraining orders, finding temporary lodging, creating safety plans, and scheduling follow-up victim services. 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 for existing personnel, creating a backlog and a decrease in the quality of services provided. An increase to the Police Department's operating budget would be required to fund the 2nd position. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Page 922 of 1174 Grant Amount: $73,466.00 Attachments: Type D IRE)S()l LA ti 0 II'l Description IRE)SOkAboin aCCE)�Ptilllg ChE) giraint ,-lw,,.-,.Iird for ChE�, Victirns of CriirTIEs Act Page 923 of 1174 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ACCEPTING AND AUTHORIZING THE MAYOR TO 5 SIGN ALL DOCUMENTS ASSOCIATED WITH THE 6 ACCEPTANCE AND GRANT AGREEMENT FOR THE VICTIMS 7 OF CRIME ACT GRANT SUBJECT TO THE APPROVAL OF THE 8 CITY ATTORNEY IN THE AMOUNT OF $73,466.00 FOR THE 9 FISCAL YEAR 2021/22; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the City of Boynton Beach Police Department applied for and has been 14 awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney General, 15 Bureau of Advocacy and Grants Management; and 16 WHEREAS, the grant is in the amount of $73,466.00; and 17 WHEREAS, the VOCA grant funds will allow our agency to keep the current VOCA 18 funded victim advocate on staff. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 20 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 of 27 Advocacy and Grants Management in the amount of $73,466.00 for the fiscal year 2021/22 28 funding cycle. 29 Section 3. The Mayor is authorized to sign all documents necessary to accept 30 the Grant award and Grant Agreement, subject to review and approval of the City Attorney. S:ACA\RESO\Accept VOCA Grant (2021) - Reso.Docx Page 924 of 1174 31 Section 4. This Resolution shall become effective immediately upon passage. 32 33 PASSED AND ADOPTED this 19th day of October, 2021. 34 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor — Steven B. Grant 39 40 Vice -Mayor — Woodrow L. Hay 41 42 Commissioner—Justin Katz 43 44 Commissioner—Christina L. Romelus 45 46 Commissioner — Ty Penserga 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 (2021) - Reso.Docx Page 925 of 1174 6.Q. Consent Agenda 10/19/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 10/19/2021 Requested Action by Commission: Approve minutes from the October 5, 2021 and October 12, 2021 City Commission meetings. Explanation of Request: The City Commission met on October 5, 2021 and October 12, 2021. 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: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description li ir: LA tE)s 10 05...2 21 liir:LAtE)s 10 12 2021 (S: PEs'Cia lME)E) 1118) Page 926 of 1174 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, October 5, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Ty Penserga 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant Called the meeting to order at 5:30 p.m. B. Roll Call City Clerk Gibson called the roll. A quorum was present. Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk Mayor Grant explained that he was attending the meeting online because he is attending the Florida Public Pension Trustee Association Conference in Daytona Beach and asked that the Commission approve his attendance virtually. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. Invocation by Rev. Laurie Durgan, Unity of Delray Beach The Invocation was given by Rev. Laurie Durgan of Unity of Delray Beach. Pledge of Allegiance to the Flag led by Commissioner Romelus Commissioner Romelus led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Lori LaVerriere, City Manager, requested to have item 3F added to the agenda, a job fair announcement by John Durgan, Economic Development Manager. Page 927 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 2. Adoption Motion Commissioner Katz moved to approve as amended. Commissioner Romelus seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz stated that he had no disclosures. Commissioner Romelus stated that she had no disclosures. Commissioner Penserga stated that he had no disclosures. He commended staff for a wonderful First Friday event. He attended the event with friends from another city who were excited about the new town square and its family friendly atmosphere. Vice Mayor Hay disclosed that he did attend Feeding South Florida's food distribution on Thursday. He also attended the Lance Chaney renaming of NE 9th Avenue, he was the pastor of St. John Missionary Baptist Church. He also attended the First Friday event. He looks forward to the other amphitheater being completed to bring more venues to the City. Mayor Grant disclosed that on September 22nd, he had breakfast with the Liter Hikers of America. On September 23rd, he attended a conference for the Florida Association of Latino Administrators. On September 24th, he was a panelist for Human Rights Media. On October 1St, he met wit the City officials regarding transportation within City limits. On October 2nd, he attended the Pathways to Prosperity renaming of NE 9th Avenue to Lance Chaney Blvd. 3. Announcements, Community and Special Events and Presentations A. Palm Beach County Supervisor of Elections, Wendy Link, to provide information on polling placesafety precautions due to COVID-19 and the ballot format for the March 2022 election. Wendy Link, Supervisor of Elections, provided information on polling place safety precautions due to COVID-19 and the ballot formation for the March 2022 election. The Supervisor of Elections Office will be following CDC guidelines and all of the precautions that were took in November, with plexiglass shields between the poll workers and the voters and also providing gloves, hand sanitizer and wiping down all of the equipment in the polling location after each voter. Masks and gloves will be offered to the voters as well. She offered to answer any specific questions about ballot format. Vice Mayor Hay wanted to confirm if there will be no closing of precincts. Page 928 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 Ms. Link replied that at this moment that is true. We will have to wait to see. In March, we will be getting our Census data and then new lines, being able to do all the precincts in April. Every 10 years, we have the redistricting. Normally the census data is out sooner, and we would have had a lot of the lines back already. Usually we get our first set of redistricting lines and August, that has not yet occurred. As soon as we get those from all of the different groups, we will be doing the overlays and then setting out the new precincts. At that point, depending upon what the new lines are for all the various races and offices, then we will have to make that determination. But that will not be the case for this March. Commissioner Penserga inquired if there is a back up plan for the poll workers should there be another spike in the pandemic. Ms. Link replied that they continue to recruit poll workers and the last election was a big election because it was the Presidential Preference Primary (PPP) election. The election was countywide whereas the election in March will only be for the municipalities so it will require fewer poll workers. Commissioner Penserga thanked her for all the work they are doing. Ms. Link commented as a reminder her staff is in the lobby with a touchscreen ballot marking device. There are great advantages to using the ExpressVote machine. It speeds the lines up, it is less expensive and it does not allow you to over vote. It also has no questions in terms of voter intent because there are not any stray marks or any questionable marks, because it is printed out. You do not have to worry that the canvassing board is deciding as to what that voter's intent was, because it is very clear. B. The PBC School District and the Education Foundation of PBC will provide an update to the CityCommission on the Digital Inclusion Program. Dr. Adam Miller, Assistant Superintendent for Performance Accountability, School District of Palm Beach County, stated that they are here to provide an update on the digital inclusion program. He introduced co -presenters: Ms. Erica Whitfield, Palm Beach County School Board Member District IV, Michael Butler, Director of Network Services, Palm Beach County Information System Services and James Gavrilos, CEO of the Education Foundation Palm Beach County. He said they are very excited to provide updates. They are going to give a review of the overall project and going to talk about fundraising today. Then they will provide an update on the Wi-Fi Mesh Network in the City. He handed the presentation over to Ms. Whitfield for some opening remarks. Erica Whitfield, Palm Beach County School Board Member District IV, thanked the Commission for their continued support of this project. This digital Wi-Fi has just meant so much to our community and it is really the area that we are talking about. The Urban Core of Palm Beach County and has really needed this project for many years. It is one of the blessings that we have seen through this. The COVID pandemic has been the opportunity for us to provide these projects. It is through partners like you all at the City 3 Page 929 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 of Boynton Beach with your incredibly generous donation to provide for the extenders for our students that we're able to do projects like this. A huge thank you to everyone in Boynton for supporting this project. We will be able to provide all of our children in the area with the ability to get on Wi-Fi due to your generous donation. Also, the Education Foundation for being a constant partner with us, and thank you so much to them. To Mike Butler, we give him lots of kudos. He is really the architect behind all of this. Our own Adam Miller, who is there in-person tonight, it is such a pleasure to have him working for us and doing this work that is so valuable. Dr. Miller stated he wanted to assure the City of Boynton Beach and the public that the School District is not leaving our students high and dry without support. Last school year, we provided intranet sponsorships and hotspots to any student that needed it. This year, again, thanks to our school board. We have provided mobile hotspots and Comcast, internet essentials for free to families in need. Dr. Miller gave a slide presentation on Wi-Fi mesh. Mayor Grant inquired about the speeds of the Wi-Fi, where has it been implemented and what was the reaction. Dr. Miller replied that Mr. Butler will be able to provide the specifics of the technical side. The speed should be around 9100 megabits per second. Commissioner Penserga inquired about the security features of the network and who can use the network. Will a School District email be required or will it be more accessible? Dr. Miller responded that the way we planned this project was accessible to families of students that attend the School District in Palm Beach County or the charter schools. For the security section, I mentioned the Wi-Fi extenders had to be configured part of that configuration is password protected. A family would need one of these Wi-Fi extenders to connect to the network. It will be in -network, so you cannot walk around and try to find it on your phone. It is a hidden Network with a hidden SS ID, and is password protected. Michael Butler, Director or Network Services Palm Beach County Information System Services, stated that all the traffic is encrypted and we have a cluster of firewalls that sit in between the network and the internet, that comply with all the requirements regarding student security. Commissioner Penserga inquired about the long-term plan. Is this still going to be limited to the school district in the long run, or are there plans to open this up to the broader community? Mr. Butler replied that their goal is to open it up to the broader community. There are some Florida Statute challenges currently standing in the way that we are attempting to work through. He said he did not have a good answer on the timing at this point in time, but that is the long-term goal. 4 Page 930 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 James Gavrilos, Education Foundation Palm Beach County, thanked the City and the Commission for their commitment to this project. The next step in the project is assembling the Wi-Fi extenders. Several volunteer groups have come forward to help assemble the Wi-Fi extenders. Shortly after the City made their commitment, the Miami Dolphins Foundation made a very generous contribution of $100,000 to this project. The Foundation reached out again about a month ago to see if there is more they can do. They have volunteered to assemble the Wi-Fi extenders. The final step of the project will include going out to the homes and educating the families on how to use the system. City Manager LaVerriere inquired what is the timeline on getting the extenders to the remaining population of the students in Boynton. Mr. Butler replied currently we are targeting the dark red area in the overlay, and that is probably about half your student population. We are currently in the permitting and the utility locating process for the pole installations. We are also in the Fiber design process. We are hopefully going to be starting the pole installations by mid-November, early December at the latest. That does not take very long, barring any complications. The fiber installation will follow right behind that. Hopefully we will be able to get that red section up and running in the first couple of months of 2022. We are planning to expand into the dark yellow and then the yellow area right behind that. We have been waiting on additional funding from the ARPA funding, and that is going before the Board of County Commissioners for approval the first meeting in November. Mayor Grant asked what is the anticipated time? Are we looking at the next school year to have this fully up and running in Boynton Beach? Mr. Butler responded that for the entire City probably early summer. Ms. Whitfield commented that we are already providing Wi-Fi for these children through other routes until this works. Currently we have the ability to give them a hotspot for their house so that they can access the Internet until this works. We are working on that to make sure everyone is covered. Mayor Grant stated that one of his concerns is that children do not live alone in those homes, and so it is also making sure the parents, grandparents, aunts, uncles, cousins, brothers, sisters have resources available to them. Hopefully we are able to use the American Rescue Plan Act (ARPA) funds for the economic mobility for these individuals and families to help get them to the 21St century with internet ready and access things. There is a lot of things you can do with a cell phone yet there is a lot of things you cannot. He has been working with the Chevy DTV Foundation. They have done multiple laptop, desktop and tablet giveaways. He said he believes they still have some available if the community wants to go to their website and just put it in your information and the next one available will be donated to you. Vice Mayor Hay commended the School District and the Education Foundation. He suggested that there be more of a partnership between the City, the School District and Page 931 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 Education Foundation. Dr. Miller stated that a partnership is always powerful. We would love to partner with the City of Boynton Beach in other ways. Mr. Gavrilos mentioned configuring extenders. We have purchased about 25,000 extenders. If the City of Boynton Beach wanted to do a community effort with volunteers to actually configure the extenders that your students will use within the City, we can certainly set that up. We have had a number of businesses come forward and donate their own time to configure the extenders. Mr. Gavrilos says, takes like 3 or 4 minutes to complete each extender. 25,000 extenders times 3 to 4 minutes is a lot of minutes. Mr. Butler commented we do work closely with the City departments on the permitting, right of ways, things like that. Each of the municipalities that we are working with, we are installing several thousand poles, countywide and probably close to one thousand miles of new fiber optic cable. We are working as closely as we can with each of the municipalities, as well as the county planning and zoning and engineering departments to get this construction done in a timely manner and get everything in place. Mr. Gavrilos commented as many of you know the offices of the Education Foundation are in Boynton Beach. The Foundation is your neighbor and he will make an offer. He said he appreciates Vice Mayor Hay's excitement on the project and if he wanted to do a community project, even some of the City employees or some of the businesses, he would personally bring the extenders down to Boynton so they can be assembled. Mayor Grant noted that the City Commission Chambers would be a perfect location to have 20 to 30 of us to help configure the extenders. Mr. Miller exclaimed that is wonderful and thanked the Mayor. City Manager LaVerriere stated that with the ARPA funding we have received, broadband is to be a big part of that. She has spoken with other municipalities and we want to do anything we can and participate with our funding as well. What that looks like in terms of getting broadband countywide and that last mile in each of our cities what we can do to participate not only financially, but any way that you need us. Mr. Butler commented that one of the challenges that they have looked at and that they will be working with each of the cities on is we would like to use your parks. The light poles, for instance, and to be able to put radios up on those. Your City facilities, for instance, your fire station on Seacrest. We already have a presence there because we are your internet service provider. We would like to put an antenna on the outside of that building to help facilitate the signal. One of the challenges doing that in City parks or City facilities is power. We would possibly look to the City to assist us with bringing a circuit to where the radio is so that we can have power. These radios do not use much power, but the ability to get an outlet or a circuit to that location is sometimes a challenge. We have been working with the school district, and they have been very helpful with bringing the Page 932 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 power to us at the schools, and they are using their funding. That way we can continue to use our funding to extend the actual broadband network itself. That is one area that is at the top of the list, that we will be asking you to work with us on. He said he did not think it is a big financial impact. They are your buildings, they are your light poles we would need permission and to be able to work with your staff to get those up there. City Manager LaVerriere stated that there is no doubt we would work with them on that. Our Commission, during our budget process, had a discussion on getting Wi-Fi in every park within the next two years with our ARPA funding. Hearing that you are doing a good part of that work for us. The balance that we would not use would enable us to have the funding to bring the power where it is needed. Mr. Butler exclaimed that would be fantastic. C. Glenn Weiss, Public Art Manager, to announce opening of "Dual Conversations" exhibit at the Arts & Cultural Center. Glenn Weiss, Public Art Manager, announced the Dual Conversations exhibit opens Friday, October 8t", 5:30 p.m. to 7:30 p.m. at the Arts and Cultural Center. He stated that this particular exhibition features two textile artists, one from Miami and one from here in Palm Beach County. D. Announcement by Rebecca Harvey, Sustainability Coordinator about the City of Boynton Beach's tree planting event on October 9 at Galaxy Park. Rebecca Harvey, Sustainability Coordinator, announced the tree planting event on October 9t" at Galaxy Park. Volunteers will be planting 30 trees around the baseball field, playground and parking lot, including Live Oak Buttonwood, Red Bay and Red Maple Tree. To date, 600 trees have been planted around the City and 300 trees have been given away to residents. E. Proclaim October 6, 2021 as Energy Efficiency Day in the City of Boynton Beach. Rebecca Harvey, Sustainability Coordinator, will accept the proclamation. Rebecca Harvey, Sustainability Coordinator, accepted the proclamation. Energy efficiency is a critical strategy in the City of Boynton Beach and Climate Action Plan, which sets the target of reducing greenhouse gas emissions 50% by 2035, and achieving net zero emissions by 2050. This year, Boynton Beach has stepped up its climate commitment byjoining the city's rake to zero, a global campaign to accelerate greenhouse gas reduction. Energy efficiency is one of the high impacts actions the city will be focusing on in this program. Residents and small businesses in the City of Boynton Beach can enjoy the savings of energy efficiency, and even greater savings because of our very unique program, the Energy Edge rebate program. This program provides rebates for eligible installations of air conditioners, doors, windows, water heaters, solar panels, and electric car chargers. In 2014, the program has provided 173 rebates totaling $158,000. INA Page 933 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 Participation has increased significantly in the past two years through our expanded marketing and word of mouth referral to the program. Residents can learn more about the Energy Edge rebate program at www.boynton-beach.or�/�o-green. Commissioner Romelus requested a list of residents who took advantage of the energy efficiency program. F. Announcement by John Durgan, Economic Development Manager, about the City of Boynton Beach's Job Fair. John Durgan, Economic Development Manager, announced that the City has partnered with Career Source Palm Beach County to host a job fair on Thursday, October 14t", from 3:00 p.m. to 6:30 p.m. at the Arts and Cultural Center in the auditorium. Individuals can pre -register at employflorida.com. The industries that will be present at the job fair are hospitality, customer service, transportation, and logistics. Some of employers that will be in attendance as well are Amazon, Hyatt and Marriot Hotels, MV Transit, Palm Tran, Retreat, Behavioral Health, and McDonald's and Burger King. We have 11 employers confirmed, and we are still working with a few more that may participate. What we are excited about is the educational partners that will be in attendance, they are: Palm Beach State College, the School District of Palm Beach County, Career Sources training department, as well as Medical Career Academy. If an individual does not qualify for a position or is not selected for a position, everybody will leave there with something. There will be information there for all the wonderful educational programs that are out there. Vocational and training programs, certification programs and ways for that individual to access those programs. We will have speakers at the event who speak Spanish and Creole. Again, we encourage people to pre -register. We also encourage individuals who will attend to bring at least 10 copies of their resume. Mayor Grant stated that his position as Vice Chair of the Palm Tran Service Board, he knows that there is a need for drivers. If you are looking for a job, and you have a driver's license, we have jobs for you at this Job Fair. In addition, with the American Rescue Plan funds that we have and the ability to fund economic mobility, this is the opportunity for anyone over the age of 18, who feels that they are unemployed or underemployed has the opportunity to better their lives through both education and work. Mayor Grant asked if staff is going to reach out to the influencers in the community to have them help spread the word or are we only doing what we normally do? Mr. Durgan stated that he would be happy to work with the Marketing Department for a creative way to get the word out. Mayor Grant feels that there needs to be paid advertising so that people understand the importance of this one opportunity. He recalled the ineffectiveness of the Town Square Job Fair, where eight out of one hundred and twenty people got jobs. We have an opportunity with county partners, education partners to really change the dynamics of the :, Page 934 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 workforce in the City of Boynton Beach and the surrounding areas. Commissioner Katz remarked that one of the criticisms from the Commission is that we rely on social media. These influencers, who are they? What are they? Would they not be using the same social media and given the fact that the criticism has been to try to reach people by other means? Mayor Grant replied these influencers are similar to what we have seen in our CRA blasts. He encourages the CRA to help spread this word. People who may not just trust the government, may want to hear it from the community and the different non -profits. If we could spend $8,000, he thinks it would make a huge difference. He would like to see 500 people attend. He asked Mr. Durgan if 500 people was a good turnout for three hours. Mr. Durgan replied that 500 people would be considered a good turnout. Even if the individual does not leave with a job opportunity or an actual job, we can lead them down the right path. They are looking for some sort of vocational training or some certification training. They are going to leave with something valuable that may help. We are going to pass these fliers out at the food drive on Thursday. He has asked Recreation and Parks staff to make an announcement at our Bulldogs game at the Hester Center this Saturday. He is working with Ms. Krusell and her great staff on getting this out the best way we can. We have reached out to their contact at the Haitian radio station to get the message out there. We are trying to touch every avenue possible to get this message out. Commissioner Penserga stated that in the past he knows there were individuals who were disappointed. They came to the job fair thinking that maybe there was an opportunity for them, and unfortunately, they were not qualified. Are we announcing in advance what the different types of qualifications may be for these different type of job categories? He wants to make sure that people know what they are walking into. The second item is are we keeping track of all the people that are coming in? Who are they? Are we keeping track of how many people they speak to? Are we getting feedback from these potential employers? What kind of common issues were there? Mr. Durgan mentioned bringing a resume; are we informing them? What are some key guidelines to have a resume? He thinks it would be a great idea to include that as part of the advertisement. We want to do everything we can to setup individuals to do well even before they walk in. Mr. Durgan stated those are all great questions, and we will work with our Library staff to get this out in regards to working on a resume. He knows that Career Source is there once a week at our library. They have a social worker working there temporarily now to help the individuals, so we will definitely have a coordinated effort where we can let individuals know about that resume building because it is such a critical part of the job fair. Career Source did let me know upfront that is one of the main things that people do not bring to the job fairs. We want to have a copy machine on stand-by, just in case they did not have enough copies at the job fair. We will definitely have that targeted approach to let people know there are resources out there to help them build that resume. To answer Commissioner Penserga's question on tracking: absolutely. Career Source is a p Page 935 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 wonderful partner. They track everybody who comes in there. They follow up with them after the job fair. They track their progress, who they applied with, who they contacted, who contacted them. Even if you do not pre -register, if you do come to the event, you will sign in and Career Source will make a phone call and follow up multiple times with that individual who is seeking employment. Commissioner Penserga inquired if the general qualifications for these jobs are on the website. Mr. Durgan replied we can do that. Career source does have that information. They have a large database where they are blasting this information out to their partners as well. They make the initial contact with some of the employers. They have the job descriptions and qualifications. He will be more than happy to reach out to them first thing tomorrow morning to get that information. We can market those and have some sort of targeted approach when we do advertising. 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 comingbefore the City Commission) Lori Wilkinson, 458 SW 23rd Cranbrook Drive, stated that tonight she was representing the Education and Youth Advisory Board. Our coffers are running a little bit low. Our board has decided to do a fundraiser, and it is in conjunction with the fall festival that is coming up on October 16th. We are hosting a pumpkin carving contest. Anybody can enter our contest; individuals, families, businesses and City departments. If you have not got the message, we would love to have people enter our pumpkin carving contest. It will cost five dollars to enter a pumpkin. You do have to buy your own pumpkin. Please remember to submit your name with the pumpkin. People who want to vote for the pumpkin are going to pay two dollars to put a vote in a box in front of the pumpkin. We are going to be there on the 16th for the entire time. Pumpkins can arrive any time after 2:30 p.m., the event starts at 3:00 p.m. and we are going to start counting the votes at 5:30 p.m. The winner will be announced before the event is over. Jessica T. White, CEO of the Sexual Exploitation Abuse, Child Protection Agency, explained they are a multinational agency, faith -based agency, with the Global mission to combat sexual crimes against children. Our agency was developed because we realized that there was a harvest that was plentiful, but the laborers were few. So many people in the land have little information, or education about sexual crimes against children or misinform information. During the pandemic, we realized that there was a global shut down that cause children to be in place with people who would abuse them. 90% of children who are abuse are abused by someone that they know and one out of five children are solicited online. We decided that we wanted to do a pilot program here and want MB's Florida to be able to educate the population about sexual crimes and how to 10 Page 936 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 prevent them from prevent children from being sexually abused. This pilot program, will be able to have comprehensive trainings. There will be four sessions with this program that we want to host here. Commission, we need your help. Please understand, if we do not safeguard our children and prepare them for prevention, our community will be a City without walls, allowing the thieves to come in to be able to utilize these children for personal gain. We want to be able to make sure that we raise our children up so that they can be able to help the next generation, they are future leaders. If you have any questions, please let us know. We would really like to be able to implement this year and next year for the City members. Mayor Grant stated that he wants to do whatever he can to help support the organization. He knows of another non-profit that wants to make sure that everyone knows that the month of January is Human Trafficking Month. He would like to get the two organizations together to hopefully raise some money and make sure that people are aware of the child exploitation and human trafficking that is going on in the area. Sabir Khan, said he is the founding Chairman of Global Florida, a non-profit organization that represents Bangladesh. He would like to have a street in Boynton Beach renamed to Sheikh Mujibur Rahman, the Founding Father of Bangladesh. Mayor Grant stated that he is in favor of moving forward with his request. Mr. Kahn will need to provide more information on which road he would like to rename. He believes the process is that, if there is consensus by the Commission, we could put this in front of the Historic Resources Advisory Board. Andrew Mack, Assistant City Manager -Public Services, stated that there is a defined process in the code. He will email Mr. Khan the information he needs. Jackie Mistaragus, 2620 Village Royale on the Green, thanked Vice Mayor Hay and Gary Dunmyer, for the road safety tools. We now have arrows and bike paths and walking lines and crosswalks and reflectors. She added that it is a spectacular job well done. Ernest Mignoli, 710 NE 7t" Street, commented that when there is crime in the streets, fire hazards or major building problems, nobody wants to talk about it. Then he started the file, with OPRA, that is costing him hundreds of dollars. He said he sees hundreds, thousands of violations all over the place with kids living here. He recently called the fire department, about the explosive propane, gas tank. The fire department says we were there, we did not see anything, but he has pictures of it and it is still there today. He sends e-mails to the Building Department, Fire Department, the Police Department, the Mayor's Department, and does not receive a returned e-mail. He thinks the public should hear this. Also, the City Attorney is not returning e-mails, phone calls, or anything. Last time he was here, he said the City needs a crime oversight division. He stated the City needs a citizen municipal oversight division, so that we can keep a watch, to make sure that officials here are doing their job because the City is out of control. He said Boynton is in Page 937 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 the bottom 67% of the United States for crime, crime against children, rape, drugs, violence and there is fire and building violations everywhere. He said nobody wants to do anything about anything, except character assassinate people like me. 6. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Motion Mayor Grant moved to nominate Davey Morris to the Affordable Housing Advisory Committee. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Review and approve priorities for the Public Art Program as drafted by the Art Advisory Board during the public workshop on August 21, 2021 and approved by the Art Advisory Board during itsregular meeting on September 9, 2021. Glenn Weiss, Public Arts Manager, gave a summary of recommendations from the public workshop on August 21, 2021. The Board's focus is on diversity. They have renewed their commitment to the Kinetic event it is the City's premier event that separates Boynton from Palm Beach County and South Florida. The Board did recognize that the Kinetic event needed more community engagement. They did evaluate other elements and one thing they want to continue is to be the largest public art collection of Palm Beach County Artists. Almost all 80 artworks are from South Florida artists or from artists in our region and they want to maintain that. They want to support the good distribution of public art throughout the City, yet at the same time, have a concentration in downtown. They want to get better, because they do not feel it is as good as it could be, that the public information, which goes out about the public art program. They want to proceed with new programs such as the murals. More collaborations with City departments and community agencies, they would like to see how they can enhance their fund raising and how we can enhance our engagement with K through 12 education. Commissioner Penserga thanked Mr. Weiss for working with the Art Advisory Board. These are great recommendations. It says here with Private Collaboration and Support, could you elaborate on what that means, because, to me public art it is not just about putting art in the public, but actually having public participation in the art. Mr. Weiss responded that has to do with the financial attributes that our money should be kind of seed money to make other artwork happen. As you will see, actually the draft Mural Ordinance and Guidelines and program has been completed, and is now working its way through the process. There is a great deal of community engagement in relationship to the making of the work and the planning of. Commissioner Penserga inquired about the financing of future art projects. Are there any 12 Page 938 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 discussions on how to find an alternative means of funding? Did that come up in the workshop? Mr. Weiss commented that the Board would love to see more funding coming directly from the City Commission, from the budget, as opposed to just the money from the developers. That was not discussed in detail. Commissioner Katz inquired how detrimental would it be to the arts program if the current developer fee were to be reduced by a quantity of 25 to 50% as some have floated? Mr. Weiss replied that would reduce the program substantially. Commissioner Penserga recommended that that discussion be had by the Art Advisory Board, regardless of what happens to the ordinance, whether that is changed or not changed. It is always good to have alternative means of funding in general. Mr. Weiss stated that he will take that recommendation back to the Board. Mayor Grant suggested that the Board holds a fundraiser with the local artists. City Manager LaVerriere commented that art in Town Square is on loan and would like to find a way to keep some of it. It is all so beautiful and would hate to see it leave. She believes that once the Town Square project is complete, the City will be in a better place to support the Art in Public Places Program by purchasing additional pieces. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Authorize utilizing the Law Enforcement Trust Fund (LETF) in the amount of $23,000.00 for the purchase of gift cards and gun packaging/processing materials to incentivize and encourage firearm owners to safely dispose of unwanted firearms. Vice Mayor Hay pulled the agenda item. Vice Mayor Hay asked that Chief Gregory talk about this new buyback program and what is the rationale behind it. Michael Gregory, Police Chief, expressed thanks for the opportunity to share a little bit more about that. He said as we talked last time, we had a very successful gun buyback program that we held earlier part of the year. It was so successful we ran out of gift cards 13 Page 939 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 and we had to turn folks away that were trying to turn over firearms. They did not have an alternative method of disposing of them. We knew we wanted to try to do another program. We are still trying to lock down the right date and time. The previous program was funded from drug dealer funds from our Law Enforcement Trust fund money that we seize and year end forfeiture actions. We are going to do that one more time and try to figure out the right timing to make it happen to give the public another opportunity here in Boynton Beach to get rid of unwanted farms that they may have at home. Commissioner Katz inquired if this program was restricted to Boynton residents only. Do we know how many Boynton Beach guns are being taken off the street? Chief Gregory responded that we do not ask a lot of questions to keep folks from feeling intimidated about turning them in. We do full investigations on the firearms once we do take them off the street. We process the serial numbers to see if they have been reported stolen. If so, we try to reunite the firearm with its lawful owner. We also do investigations to determine if was used in a crime. If we determine that, the firearm gets turned over to the appropriate law enforcement agency that is investigating the crime. Vice Mayor Hay inquired if there were any challenges at the previous event? Chief Gregory replied that it went smoothly. The biggest challenge we faced was the large turnout. It was larger than we anticipated. The cars were backed up to Boynton Beach Boulevard. Vice Mayor Hay asked how many guns were removed from the street at the last event? Chief Gregory stated over 133 firearms were recovered. Commissioner Romelus inquired about the dollar amount of the gift cards that will be given out. Chief Gregory responded that they are requesting $23,000 out of the Law Enforcement Trust fund. $3,000 will go to reimburse the gifts that were purchased the last time and the remaining $20,000 will go towards the gift cards as well as gunlocks and trigger locks we will be offering gun owners. Commissioner Romelus clarified her question. What is the amount of the individual gift cards that will be given out? Chief Gregory replied that they are adjusting them to $75 and $150 this time. ILY, 11=11 Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. 14 Page 940 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 B. Proposed Resolution No. R21-134 - Authorize the City Manager and Police Chief to accept a $35,000 grant award and sign all documents associated with the grant agreement for the Florida Department of Transportation (FDOT) Occupant Protection grant subject to the approval of the City Attorney. C. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for October 5, 2021 - "Request for Extensions and/or Piggybacks." D. Proposed Resolution No. R21-135 - Approve and authorize the Mayor to sign sub recipient agreements for the Community Development Block Grant (CDBG), as adopted in the CDBG FY2021 One Year Annual Action Plan, R21-091. E. Proposed Resolution No. R21-136 - Approve and Authorize the City Manager to sign a five (5) year agreement with Ballard Partners, Inc. of Tallahassee, FL for Appropriations Lobbyist Services for the City of Boynton Beach with an estimated annual amount of $60,000 plus expenses. Mayor Grant pulled the agenda item. Mayor Grant stated that he was able to visit with Ballard Partners. They did an amazing job hosting and allowing him access to the Florida Legislature. He inquired if the City currently has a Grants Coordinator. Mara Frederiksen, Director of Financial Services, responded that currently, we have a Grants Manager position advertised and a Fiscal Analyst position advertised, which is for grants. Mayor Grant commented hopefully those positions find and capture any sort of competitive grants or appropriations in all of the higher government levels. In addition, he saw the scope of services with the US Conference of Mayors. Whatever they can help us do with the Florida League of Mayors, he would appreciate as well. City Manager LaVerriere stated that Matt Forest will be here on December 7t" and will be bringing the legislative priority list to the Commission for next year's session. She also understands Palm Beach County Days is going to happen, she was just told by Richard Radcliff, so the information has not come out yet. As she gets it, she will circulate it and that would be in January. Mayor Grant stated that one of the large items is the legislative annexation of the property to the west of the Boynton Beach Mall that is on septic and put them on sewer. If Mr. Forest can give us an update on that in December, he would appreciate it. 15 Page 941 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 ILY, 11=11 Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. F. Approve piggyback utilizing Palm Beach County contract # 750772C with American Water Chemicals, Inc. for antiscalant, used for the West Water Plant nano -filtration membranes, for an annual estimated expenditure of $42,000. G. Legal Expenses - August 2021 - Information at the request of the City Commission. No action required. H. Approve minutes from the September 8, 2021 and September 21, 2021 City Commission meetings. Motion Commissioner Katz moved to approve the remainder of Consent Agenda. Commissioner Romelus seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 A. Approve Task Order # LS -08-2021 with Florida Design Drilling Corporation in accordance with RFQ 028-2821-19/MFD, Pre - Qualification of Contractors for Utility Construction Services awarded by commission on August 6, 2019. The Scope of Work is for the Master Pumping Station #309 Pump # 2 Replacement in the sum of $119,000.00 based on unit costs provided byFlorida Design Drilling Corporation in their respective bid. B. Approve an increase to the estimated annual expenditure of the US Communities Contract # R -TC -17006 with Amazon Business in the amount of $110,000, increasing the estimated annual expenditure from $65,000 to $175,000. Mayor Grant pulled the agenda item. Mayor Grant asked what does the City use Amazon for? Mara Frederiksen, Director of Financial Services, stated that this was a City-wide rollout and the City does not pay shipping. It is a joint business account for the City. Mayor Grant commented that he wants to be sure that the City is not outsourcing everything to Amazon because it is easy. Ms. Frederiksen stated that staff spent about a year taking this to an enterprise account and we actually quoted out every single individual item that anybody wanted to purchase on Amazon. We placed three quotes and Amazon by far tended to be the cheapest, and 16 Page 942 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 our warehouse continues to look at each purchase individually as well. Motion Vice Mayor Hay moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. C. Approve Task Order UT -1 E-05 with Gentile Glas Halloway O'Mahoney & Associates, Inc. in theamount of $148,762.10 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to provide design, permitting, bid assistance, and construction administration services for a new EcoParklocated in Quantum Park. Mayor Grant and Commissioner Penserga pulled the agenda item. Commissioner Penserga asked for an overview of the item from staff Assistant City Manager Mr. Mack commented that we have had several meetings that have sought public input on the process of developing a new EcoPark in Quantum Park. We are glad to present tonight to you that first step, which will be the initial construction design and construction document permitting. This selection is for you tonight to decide on an award to our consultant that will manage the project for us. As we move through, that project will go through the phase where we complete the design, and then we will bring it back to the Commission for the actual bid and award. We will be having schedules for the design within the next 90 days, as far as the kickoff and working with the consultant to make sure we get it worked into their schedule. Commissioner Penserga thanked Mr. Mack for the overview of the item. He exclaimed that he is very excited about the EcoPark. Assistant City Manager Mr. Mack noted that the City has applied for a grant, seeking $400,000 from the state. He believes that we are ranked number one in that grant. Commissioner Penserga inquired if the City has received confirmation on that yet. Assistant City Manager Mr. Mack responded that right now that we do not have an award, we just know that we have been ranked. We are waiting for them to fund the money. We hope to find out that in the month of October. Commissioner Penserga commented that is a very good sign that the City is ranked number one. Mayor Grant stated that before the final design is done, it should be reviewed in a public setting. He would hate to see people use the EcoPark and find small things that could have been changed beforehand. We have the sustainability fund that can help the EcoPark, and one of the things that he is trying to push is the solar power and energy 17 Page 943 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 renewables. He feels that a parking lot is a prime place for solar canopies, similar to what we have at Oceanfront Park and Barrier Free park. Hopefully the City is reaching out to FPL to see what we can do to get solar canopies in that parking lot. Commissioner Katz thanked staff for continuing to move forward with this project. This is another one of those items like the canal mitigation that Commissioner Romelus worked on for the past five years. We have been working our way towards getting this park in a position to be built out for the past 5 or 6 years. It is pleasure to know that it should be etched in stone by the time we leave after all the effort that went into this project. Staff has been an integral part in that along the way. City Manager LaVerriere stated for the record, this has been number one on the list of the Recreation and Parks Advisory Board for many years. She thinks they will be just as happy to be able to see Phase One done. Seeking more grants will help us with pavilions and other items for the park. Commissioner Romelus suggested honoring Mr. Kanter as he was a fairly strong advocate in having this park built. Commissioner Penserga inquired about the funding gap. Has there been any discussion on how the gap is going to be covered? Mayor Grant responded that we did have a discussion earlier regarding a parks and recreation bond, which is something that the voters can vote on to help fund it. In addition, this is something that may take time. It is not something that we need to do all at once. He believes that there is enough funding to start it off. He is concerned with preserving the land that has not been developed. Hopefully as we move forward with this EcoPark, we have a non-profit organization that helps us with the funding because the Quantum Park development districts should not be the only ones paying for this. However, he does feel that we need to find ways to, especially with the Publix being the big payee of the Quantum Park Development District, that does sunset to see if they are still willing to help fund that area. Vice Mayor Hay stated that he is excited about this. This park has been on the table a long time. He is glad that this Commission was able to move it forward. He can almost assure that the next Commission will continue to move this along and it will not drop the baton as it has been passed. Commissioner Romelus inquired if there were electric vehicle parking lots at the park. Assistant City Manager Mack stated he does not believe there is one there now. It will be a part of the project. That is something that we will consider putting in. As a part of the design process, we will do a value engineering look, and then look at what we can afford now. What can be easily phased in? As well as, what the Mayor mentioned, we will do some public outreach meetings to gain some input during the process. When we start having plans at 30-60-90%, we will start seeking input to make sure that we are aligning 18 Page 944 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 the vision for the park with the Commission and the public as well. City Manager LaVerriere stated that there are some great sponsorship opportunities in the future. She can see a Publix pavilion. There are other grant agencies. The land and water conservation, Fish and Wildlife. That effort that we are going to continue to go after once you have your design done and it is shelf ready. We are in a much better place to compete for additional grants. That is going to be the next big step, too. We will be utilizing some park impact fee funding. She thinks it is helping fund the design portion or going towards construction. There is a funding that does support the development of regional parks. We do consider this a regional park and not a neighborhood park. Commissioner Penserga inquired about the 90 days. Assistant City Manager Mack responded that once we meet the consultant and have a schedule, that will lay out the whole entire process within the next 90 days for sure or before. Commissioner Penserga acknowledged that the 90 days was to get on the consultant's schedule. Assistant City Manager Mack stated that we are going to have a kickoff meeting here within the next two or three weeks and then we will get an actual schedule with a timeline. Motion Commissioner Penserga moved to approve. Commissioner Romelus seconded the motion. The motion passed unanimously. D. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 5, 2021 - "Request forExtensions and/or Piggybacks Over $100,000." E. Approve an increase of $42,000 with Brenntag Mid -South, Inc., for the purchase of Sodium Hydroxide, utilizing the City of Boynton Beach Bid No. 015-2821-19/IT. This will bring the total approved expenditure to $210,658. Motion Vice Mayor Hay moved to approve the remainder of Consent Bids and Purchases Over $100,000. Commissioner Penserga seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct 19 Page 945 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 these public hearings in its dual capacity as Local PlanningAgency and City Commission. 9. City Manager's Report A. Consider and approve use of American Rescue Plan Act (ABPA) funds to provide pandemic premium pay to City employees. City Manager LaVerriere stated that we have had discussions in the past regarding the potential use of some of the ARPA funding for premium pay for employees. A variety of cities are utilizing some of this funding for some or all of their employees. Ms. Oldbury has put some work into what a variety of different funding thresholds may look like for open discussion tonight or if the Commission chooses to move forward with the premium pay. She said she gave the Commission a chart this evening that shows where we are with our ARPA fund balance. We can discuss this chart too. These are items that have been approved or we know are potential expenditures out of the ARPA funding. That is not including us bringing any new projects or anything forward that we will be doing in November with the Commission in a workshop setting. So just keeping that in mind, that is about where the balance would look like, at a little over $4M for us to be able to do some of the other things we have talked about: the Resource Center, et cetera. Julie Oldbury, Director of Human Resources Risk Management, said she could give a little explanation about the funds and how they are intended to be used for this purpose, if that would be helpful. The American Rescue Plan Act, US. Department of Treasury issued an Interim final Rule for the coronavirus State and Local Fiscal Recovery Plan, and also the Heroes Act, which was allowed for the use of premium pay for these funds. Employees, in order for them to be eligible, they would have to have performed essential work involving regular in-person interactions and/or regular handling of items handled by others, and have been and continue to be relied upon to maintain continuity of operations of essential critical infrastructure. The premium pay, one thing that is important to understand about this is that the provision state that entities should prioritize the compensation of lower income workers. Although the legislation did not specify what they consider to be lower income by a numerical value, they did reference the state's annual wage pursuant to the Bureau of Labor Statistics, Occupational Employment in Wage Statistics. For the state of Florida, that amount is $50,020 annually. She explained that when she configured these charts, she did it based on different tiers, based on the pay grade that people were in and also based on their bargaining units and the SEIU employees. Those are our blue-collar and white-collar employees. They tend to be the lowest in income earners. Her recommendation to the Commission would be in order to sort of comply with that intent of the legislation would be if the Commission offers any premium pay to prioritize those workers. Mayor Grant stated that he believes that $500 should be going to everybody. However, according to the guidance that we received for the ARPA, that additional $500 should be going to people who are making less than a certain amount that the City Commission 20 Page 946 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 decides. Whether that is just this year, I believe we can do it this year and next year because we will receive over $6 million in May of 2022. Let that administration determine if they want to do the same or more. He then asked Ms. Oldbury are they still allowed to do that as well next year? Ms. Oldbury responded provided funding is available, yes. Mayor Grant stated that we do not have to just do it all at once, and so that we can meet some of the union requests for these funds not in one year, but in two years, depending on pay scale. Vice Mayor Hay stated that this is for the ARPA fund. He thought that we were going to do the City employees $2,000, police and fire were $1,500 if he is not mistaken. But they got a thousand from the state which is not our concern. This is to offset the impact of COVID on all of us. A loaf of bread for an average employee is the same for police and firemen. What we do here for serious concern is be equal at this stage. This is not merit which has nothing to do with it. We do $2,000 to the employees and police and fire. I know that that will add up to $3,500 for police and fire. Mayor Grant stated that the information that he has is that police and fire have already received a thousand dollars from the state. The different unions have requested funds. It is our sole discretion as the City Commission to distribute funds similar to our last City Commission meeting when we decided to give out $500 to City employees who are vaccinated. The funds that we have this year, knowing that we are going to get another $6M in funds next year, to try to split that amount over two years, rather than doing it all at once, so that we can use some more of the funds for the City. Then an additional $500 to people who make under a certain pay grade. Most of the City employees would get $1,000. However, certain directors or higher earning individuals who are getting a majority of the pay increase of the 3%, would not be getting the additional $500 because they make an amount. The federal rate that they used for the economic stimulus was $80,000. He would be happy to go as high as $90,000 or $100,000, but anybody who makes over that amount would not be entitled for an additional $500 from the ARPA Plan. The next Commission can also issue the same amount as well, whether it's $500, or a $1,000 or even more, because we are still in a pandemic and it is a still an ongoing hazard. Commissioner Penserga stated that he likes Mayor Grant's idea of doing half now and half later. Another line of thought that he heard is that because some groups got some money already that maybe they should not get as much as the others. I understand that argument but I am putting myself in their shoes. As a teacher, if he was the topic of tonight, if teachers were the topic of tonight, it's almost tantamount to saying, well, something happened to them that was not within their control. That was not a decision made by them but now they are going to be penalized for getting that money by decision made by another body. It is not fair to penalize a group based on what the state legislature decided at some other time. Looking at the numbers presented here, he would be in favor of a compromise between the ask that's been provided somewhere in the in the $2,000 range. 21 Page 947 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 We will do one this year and one next year. The law allows for premium pay, but really it is hazard pay. People who were working and exposing themselves through the pandemic elevating their risk. This is our way of saying thank you for doing that. Thank you for still picking up the garbage. Thank you for picking up all those people in ambulances, and fire trucks, and our police officers who are exposing themselves to residents. He is ready to move forward unless the Commission wants to discuss some more. Commissioner Katz stated that he agrees with Vice Mayor Hay and Commissioner Penserga. Police and Fire were on the front lines and more prone to infections. He is factoring that as hazard pay. Commissioner Penserga pointed out that the $500,000 for the acquisition of the property in the CRA, not all of those funds were used. We are waiting for that money to come back and that will elevate and offset the numbers. City Manager LaVerriere stated that the City will not being using any of those funds. The CRA covered the first $500,000 for the lots purchased and the City did not use any of their funds. City Manager LaVerriere reviewed the ARPA funds that have been spent so far. We received our first tranche, which was $6.82 million in May. We are going to be getting that same amount next May. What we spent out of that so far, we dedicated almost $30,000 towards the housing study that is underway. The tutoring program was $28,000 that we did over the summer before school started. The wellness program for police and fire for the additional mental wellness program and expansion of services was $ 67,000. We did dedicate $500,000 for the CRA for the auction but that will negate itself because we ended up not spending it. We did the vaccine incentive program. With the vaccine vaccination event, that is $60,000. We identified for six months, from March 1, 2020 thru September 30, 2020, $1.95 million in revenue loss. We have dedicated $75,000 the Commission approved for the funding of the position with P2P, for rental assistance. The Commission approved a $500 per employee vaccine incentive, which we have identified, assuming every single employee did it. That is not likely, $67,000 for fire, $75,000 police, $400,000 general employee population. Those are estimates, assuming again, every single employee got vaccinated. We need to think about when we have next year's revenue losses, that we will be identifying. We just closed out the year on September 30th looking at a full year of losses, we are estimating about $3M. Originally, we had identified what we thought was going to be about six million over two years of losses so we have factored that in there. We have not had any discussions at the Commission level at all but the potential of utilizing some ARPA funding to close the gap on the Wells Landing project. She has identified two million. That is a what -if, but it is out there and we got a lot money back. And if we do the premium pay at $1.6 million, that leaves about $4.3 million in totality of all of the ARPA funding for any other projects that we want to do, like the Resource Center and some other things. She wanted the Commission to have that bigger picture. Mayor Grant stated we can do a lot with that four million if we use it wisely. Regarding the 22 Page 948 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 Wells Landing project, no, I saw the development fee, and so we are definitely going have to have that expense to be reduced. In addition, whether we can loan the money out where they were intending to repay, whether we have to give it out outright or if we can make a loan, and get paid. He thinks it may be better financial sense, rather than to just give money away. City Manager LaVerriere remarked that we are looking into that with the Treasury now because that was part of a discussion with Centennial, is perhaps to do exactly that and not take the full amount. Mayor Grant commented that he is happy with what the Commission is saying, where we are doing one thousand now and one thousand later. The only comment that he has is for people that are making less than $50,000 if they could get an extra $250, it is something that he would be in favor of. Commissioner Romelus commented in the interest of fairness, we are deciding and we are discussing how to allocate these funds. And in terms of what she has heard from her colleagues, we are putting into consideration individuals who put themselves at risk, and who basically had to show up and to be there, regardless of what the reality on the ground was. They had to be physically in a location to do the job that they were hired to do, otherwise, they would be in violation of their job. She thinks those individuals should receive a higher payout, whatever, we want to call it, hazard pay premium pay, than those who maybe had the luxury of being able to be safe in their homes, being able to work from home, being able to work behind a computer and not having to show up somewhere physically. She is not necessarily saying that she does not agree with what her colleagues have said. The $2,000 across the board, she thinks if that is the ultimate decision that the board decides to make, she is fine with that, and would be able to go along with that. She still thinks the $2,000 number should be reserved for those who, again, were intentionally because of their job, because their duties and responsibilities had to be put in the line of COVID. She is speaking about our first responders, individuals who are out on the garbage trucks. Those individuals who do not have a choice to show up or not show up to do their jobs. She is not saying that she does not appreciate our staff who had the ability to work from home or work remotely. She appreciates them just as much. Thank those individuals who put themselves in harm's way in order to keep our City running when some of us physically could not. That would be the only caveat that she would add to this conversation that there should be a differentiation between those who had to show up to do their job and those who had the luxury to stay behind, to stay at home, and protect themselves and others from the pandemic. If this a conversation that the Commission is interested in having, she is fine with having that. If not, then she is fine with just simply taking the number and spreading it across the board. She would like to address the comment that she feels that is coming by the member that is standing before us now. The conversation that we are having right now, Mr. Wright, is a conversation to provide premium pay for our employees who have worked tirelessly for the last few months and year during this pandemic. It is money that is meant for this expenditure and we are going to spend it. It does not mean that we have forgotten about District 2. It does 23 Page 949 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 not mean that we have forgotten about the issues that are relevant and pertinent to you. She does feel that there is some discord that is coming from yourself and Mr. Orr. It does not mean that we have spent money that would otherwise be able to go towards some of the initiatives she knows are important to them. She explained that she hopes to deflate the anger a little bit, because she felt like it was coming and aimed at us here. This conversation really is not taking away from anything she believes matters or is important to Mr. Wright. Mayor Grant stated that ARPA are public funds and the public has a right to make sure that that money is used wisely. He does appreciate anybody from the audience that has comments regarding spending the ARPA funds. That is why we are having so many different workshops. City Commission meetings are always an opportunity to talk about how the City Commission spends government money. Bishop Bernard Wright, CEO of Bernard Wright Ministries, 713 Northwest 2nd Avenue, commented that we have been in the pandemic from the very beginning feeding Boynton Beach, taking chances on the frontline just like our firefighters and we commend them. We commend everyone who has come out. We have not stopped yet, putting millage on my car, gas money coming out of my own pocket and others who help us along the way. We hear millions and hundreds of thousands, that is been allocated to the CRA. They could have bought this property that the county has had for years. We are talking about unwise and wasteful spending, money that should be prioritized. There has been no move forward toward money coming into Boynton Strong, Bernard Wright Ministries and other entities who have been actually in this pandemic. He has taken part in trying to see a change for the better, not knowing what tomorrow is going to bring. He feels that the Boynton Bulldogs should have the best safety equipment. He is a concerned parent and no one will listen. They should have the best equipment for safety, especially with concussions that you can get in football. We have not been prioritized. Mayor Grant stated that he understands Mr. Wright's comments saying that the City Commission has not really discussed how are we spending the money in the City. We have only talked to the City employees. He believes that September 30th was the first workshop. Hopefully, staff can give us an update on that workshop at our next meeting on October 19tH City Manager LaVerriere commented that we are having all three workshops. We are pulling all that information together for you and bringing that to the November 16th workshop with the Commission, to talk about all of the input we have received, and projects that we think were born out of those meetings. That was the plan. Mayor Grant requested that the information that is discussed at the workshops be placed on the City website so that the public can see the comments that are being made at these workshops. We are looking to spend the money before the end of the year. However, we want to get the totality of everyone's needs first, and we appreciate your comments. 24 Page 950 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 Bishop Wright stated he appreciates it. As long as we sit around a table, we move forward and see progress. Commissioner Penserga inquired about the workshop for the non -profits City Manager LaVerriere responded that has not happened yet. We had changed the date and she does not have the dates in front of her. We have a second public workshop plus the non-profit workshop happening in October. Then, we will have the November 16th workshop with the City Commission prior to the Commission meeting at three o'clock, and what that will be is a combination of survey results. We are getting hundreds of survey results, emails and communications. She was out of town, but she watched the YouTube video of the first input session. It was excellent and we had some good input at that meeting. We really hope to have that happen over at Station 3. Vice Mayor Hay remarked that he was at the first workshop and that there were people from District 2 who came with great ideas. There was good representation from all sections of the City. He is looking forward to November 1St and receiving similar input from the community. City Manager LaVerriere noted that the next workshop was October 28th at Fire Station 3, located at Minor and Congress. She believes the meeting starts at 6 p.m. Tory Orr, 106 Northeast 7th Avenue, inquired why the meeting was being held out west and not at the Carolyn Sims Center. He also stated that the Center is still not opened to the public. He lost both of his jobs during the pandemic and he was still feeding kids every day. Commissioner Romelus stated for the benefit of those who are listening, and for those who choose to stay here and listen let us address some things. Can you please re -iterate those dates and those locations? That way it is clear where we are meeting and where the public input meetings are happening. City Manager LaVerriere responded that these are not the only public outreach meetings we are going to be having. This is money that we have the next four years to spend. We have two years to decide what to do with it, and then another two years to actually physically get it spent. This is not a decision that is going to be made in two meetings and we spend $13 million. This is a continuing process, she is going to repeat that every time we have conversations so people do not feel like this is it and they are not going to be able to make or be part of a decision. We have had the one outreach last week, we will have October 28th at 6 p.m., we are going to do an outreach out in the western community that was specifically requested. That is October 28th, at Station 3 at 6:00 p.m. Then we thought it would be a good idea to also reach out to all of our non-profit community in Boynton. They are the ones that have the boots on the ground. They know what the issues are. They know what people need. We are going to have a non-profit stakeholder meeting on November 1St, in Chambers, at 6:00 p.m. 25 Page 951 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 Commissioner Romelus inquired about the workshop on September 30th. Where did it take place? City Manager LaVerriere replied it was in Chambers at 6:00 p.m. All of this is on our website, on our ARPA page. Then we are going to take the combination of all that information and what we have been able to research and have a workshop discussion with the Commission on the 16th and get some direction on some projects. Bulldogs, Jessica's programs, all that stuff, we are going to pull it all together and put some numbers to them. She wants to get priorities from the Commission. What do you want us to work on first? We will not be able to do it all in six months. Do we want to do the resource center? That is a big discussion that will take a year and a half to get complete. These are conversations we are going to have continually, literally over the next year and a half to two years. She provided the list tonight to keep track of where the money has gone and what is floating out there. We are going to have to make some decisions. Do we want to put $2 million toward Centennial? You may not. We want to keep a balance in mind at all times. Then we move from there so we will get some priorities from the Commission on the 16th. We will be coming back again at the beginning of next year and doing more outreach as we learn more. It is not a one-shot deal and she can not impart that enough to the community. David Scott, Director of Economic Development and Strategy, stated that the Intracoastal Park Clubhouse was considered for the workshops. We are looking for maximum participation from the community. Chambers allows the workshop to be in- person and virtual. The second meeting is being held out west and we needed a location that would allow both in person and virtual. We did consider the community room at the Police station yet felt that some members of the community would not feel comfortable at the police station. Therefore Fire Station 3 provided an opportunity to have a meeting out west. City Manager LaVerriere stated Commissioner Katz requested one of the meetings to be held out west. That is why we are having a meeting out west. Commissioner Penserga inquired if it was difficult to bring meeting equipment to different locations. City Manager LaVerriere replied she is not the one to ask, but as she understands yes, it is. Assistant City Manager Matos stated that the audio equipment needs to be calibrated. We have a consultant that runs all the audio for the Commission meetings. It is not a simple set up. Commissioner Romelus asked why is the Carolyn Sims Center still closed to the public. City Manager LaVerriere stated that it is not a correct statement. Assistant City Manager Matos commented that the Center is fully open. It is open Monday 26 Page 952 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 to Friday from 10:00 a.m. to 8:00 p.m. City Manager LaVerriere noted that there are no after school programs there. Commissioner Romelus requested that staff reach out to Mr. Orr and discuss why he believes the Center is closed to the public. Mr. Mignoli commented that he feels that the people who suffered the most during COVID do not work for the City. There are over 18,000 families in poverty in the City. The ARPA funding should go to them and not to City employees. The funding should be spent now and not over the next four years. The City should not be holding meetings in police and fire departments. Zoom will set up anywhere and they put the whole meeting on film. Mayor Grant inquired if the amount should be the same for all employees or should those who earn less than a certain amount get more. Commissioner Katz stated that he is fine with going across the board. Motion Commissioner Katz moved to approve premium pay at $1,000 a year for the next 2 years for all City employees. Commissioner Romelus seconded the motion. The motion passed unanimously. Mayor Grant stated all City employees are essential and we have the ability to do this. 10. Unfinished Business — None 11. New Business A. Consider a request from the Palm Beach County Human Rights Council regarding a resolutionand placement of a plaque at the Pride Intersection. Mayor Grant inquired if this was City policy. Assistant City Manager Mack replied that this is not City policy. Mayor Grant asked if this would fall under Historic Resources Preservation Board. City Manager LaVerriere responded it does not need to go to the Historic Resources Preservation Board. Attorney Cherof stated that this does not need to be reviewed by an advisory board. It is a policy decision by the City Commission. Vice Mayor Hay inquired why is this being considered. Mayor Grant stated that this is a continuation of the development of the Pride Intersection. 27 Page 953 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 Commissioner Penserga commented that the purpose of this plaque is to memorialize Mr. Alan Hendricks and the contributions he has made to the City. Gemma Torcivia, a member of the Palm Beach County Human Rights Council and a local attorney, stated that she appreciates the Commission's consideration of their request. She has been working on behalf of the Board with the Pride intersection in Delray Beach which was defaced during a rally. The State attorney was unable to use the Combating Public Disorder Act, which was codified in four statutes in 2021, because it had not been dedicated with a memorial. The language of the Combating Public Disorder Act, it's very specific that in order to utilize that act to appropriately prosecute someone who defaces or damages, a memorial or historic property, it has to be designated as memorial or historic property. What we have done as a board, is we have developed a resolution that has been approved by the State attorney's office as appropriately creating a memorial for the intersection. If down the road, and hopefully this never happens, something happens and there is a willful and malicious defacement injury or damage that occurs to the intersection or to the memorial plaque, that appropriate action can be taken by the State attorney, essentially, giving him the ability to use the full range of tools that we believe the legislature intended him to have. We are asking this Commission to consider adopting this resolution, which has been provided as part of your agenda packets, which contains the appropriate language to dedicate the intersection. It also does make notice of a local resident, and the language on the plaque itself is also suggested in the resolution to conform with that statute, which is on page two of the resolution, so the memorial would read Boynton Beach Memorial LGBTQ Pride intersection. Then there would be language which says, we are counting and honoring the public service of Alan Hendricks. The Boynton Beach City Commission dedicated the Permanent Boynton Beach Memorial LGBTQ Pride Intersection. Mayor Grant stated that based upon what Ms. Torcivia stated regarding a Memorial, is that this goes in front of the Historic Resources Preservation Advisory Board for a public discussion because that is what they are there for, to make these types of recommendations to us as a City Commission. He said he does not feel comfortable deciding on this without their recommendation. Commissioner Penserga pointed out that the Commission has already approved the Pride Intersection and normally he would agree with the Mayor in that having input from the advisory board would be helpful. But in this instance, it seems redundant to him. It is already something that we have approved. It seems like this should be an easy and straightforward addition to provide legal protections should a hate crime occur. We can actually prosecute the individual or individuals that commit this hate crime. Vice Mayor Hay inquired if this a memorial plaque and what does it look like. Mayor Grant stated that it is something that our Historic Resources Preservation Board votes on. They are doing one regarding the Rosenwald School. He feels that we are 28 Page 954 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 sidestepping our City advisory boards. In addition, he thought we have a progressive flag, not a pride flag. He wants to make sure that we have the correct language. Is it LGBTQ, LGBT, LGBTQIAA? There is a lot of things that he feels that we need to have the discussion and for the residents to make the decision, not just the Palm Beach County Human Rights Council. Vice Mayor Hay inquired if the City is the first in the area doing this. He is not objecting strongly to it. As the Mayor said, he wants to make sure that we cover all our bases and follow our own procedures that we have established. We just had one come before us, with our parks in this City and monuments. We need to move forward carefully. He said he wants to make sure we have all of our bases covered and let's move with caution. Attorney Cherof pointed out that the item on the agenda is a request. It does have a form resolution attached to it. The resolution is not on the City Commission agenda tonight for a vote. That would have to come back at the next meeting once the City Commission sets a policy decision. Mayor Grant remarked that when the Commission decides, we have a recommendation from the City's Historic Resources Preservation Board because that is what they do. They normally get these requests first. As he mentioned, they were discussing the plaque for the Rosenwald School. If we wanted to, we could make the decision however, it is sidestepping some of our advisory boards' ability to make recommendations to us. Commissioner Katz stated that he agrees with the Mayor's recommendation. If it took more than 60 or 90 days, he would be shocked. It is a finite item. The intersection honors a wider base of populations than the resolution as it is currently worded. He wants to make sure we get it right if we were to get a recommendation and move forward as a board. He inquired if this would help a prosecution take place. City Attorney Cherof stated that he cannot answer that. The process that the State's attorney makes in determining to prosecute or not has many factors. He does not think that a signal factor is dispositive. Commissioner Katz reiterated that he is okay with this as long as it goes through the proper channels. He likes the idea that it honors a local resident who is part of the community that the intersection honors. It is sad that this is a step that needs to be taken to prosecute people who are willing to deface property in the name of discrimination. Commissioner Penserga remarked that it was not too long ago that this body considered the monument policy and whether or not to move forward with it. That monument policy was defeated by this board. In that policy, it laid out a process for these types of things to be addressed and his understanding was that process was too cumbersome, it was too long and all the other reasons and that things go directly to the Commission for consideration. That was his understanding. Now we have an applicant that is coming directly to the Commission, and now he is confused as to where we stand. He said he 29 Page 955 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 thought that is what the process was to come directly to the Commission. Mayor Grant stated that Commissioner Penserga was absolutely correct; we are not saying, no, we are just saying we want to make sure the Historic Resources Preservation Board is included, because it will become a historic resource, because you cannot destroy historic resources without penalties. If the Oyer building was a historic resource, we would not be able to tear it down. He wants to make it clear that this is something that will affect the future of the City. That is why we have the different advisory boards. For example, our planning and zoning board reviews all different site plans because of the future effect of the city, and that's kind of where he appreciates them coming forward. He thinks the City staff did the proper protocols of letting us review and see the resolution that was proposed, to see if we want to make any changes and it is well within our authority to go to an advisory board. For example, if they wanted to have a monument at a parks facility, he would suggest that we would send it to the Parks and Recreation Board, not the Historic Resources Preservation Board, or we actually could send it to both and get both of their recommendations. Ms. Torcivia stated that her understanding was that the Historic Resources Preservation Board recommends properties for historic designation and advises on historic preservation matters. To be very clear, the distinction is that this is not a request for a historic designation, this is a request for a memorial. Mayor Grant remarked that as an attorney, a memorial is a forever thing that creates a historic designation. Correct, it is not a historic designation as of now, but it will be of a historic designation once the memorial is there. Ms. Torcivia stated that we are happy to follow whatever process you would like us to. To answer the Vice Mayor's earlier question, you are certainly not the first City that we have been working with to try to move this forward. Obviously, other cities in the county have been pioneers in protecting LGBTQ rights and have created similar intersections. We are certainly working with them to pass similar resolutions, to provide the State attorney, the ability to prosecute these crimes that unfortunately occur. This really is just to provide those teeth so the state attorney can do his job and effectively prosecute criminals. Although, to be fair, we did think this was the process. We are not trying to subvert your process. Mayor Grant commented that Ms. Torcivia is absolutely correct. This is the process. We have the ability to make sure that we have another public meeting as part of getting citizen input before we decide. He stated this is something that, as he mentioned earlier, is within our authority because we approve a resolution creating a memorial or a historic designation. He said he appreciates her coming forward and he is sorry if staff thought that this was going to be the only meeting that they had to attend. We have these different advisory boards to help us make the best decisions on behalf of the city. Page 956 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 12. Legal A. Authorize the City Manager to co-sign a US Army Corps of Engineers Application for Permit forHampshire Gardens to construct a replacement seawall. Bill O'Connell, HOA President, stated that we have a seawall that is over 50 or 60 years old and we are looking to protect our property. Our property adjoins Jaycee Park; we share a common border there. We are willing to flip the bill to return the seawall along the property line, which part of the property sits on Jaycee parks property. We are going to return that seawall on that property. With the agreement that we will provide an easement of our attorney, prepare an easement agreement which the City requested that we do prior to receiving any construction permits. We will take care of that. This process is just to get the permit application going with the Army Corps of Engineers and the DEP, if they will approve our plan, as sketched out by our engineers. Mayor Grant inquired if a living seawall is part of this project. That it is not just the water against the metal or brick, but that there is freshwater landscape. Mr. O'Connell stated that he believes that there was; we will call it in the terms of the Engineers, or rip rap seawalls solution that we may be able to put it in rather than a concrete seawall. The problem is that when we get the King Tides there, where our property butts Jaycee Park, the water comes through the park and floods out our parking lot. All of our asphalt is now collapsing and settling in the intercoastal. We are trying to prevent the seepage of our soil from the south end of our property going back out into the intercoastal. We would have no problem with that. That would actually be a lot less expensive for us to do. We could do some sort of rip rap rock foundation living seawall kind of construction. He does not know how feasible it would be to do that and solve the problem that we are having. He thinks the plan would be, even if they do the wall they will still have some kind of living seawall formation in front of that wall to help give it a better appearance on the park side. He will definitely talk to the engineers to see if there is anything they can do to improve the design. We do not even know if the DEP and Army Corps is going to approve what we are submitting. The first step in this process is just to make the submission and we both have to sign the application since it is going on two properties. Vice Mayor Hay inquired about the lifespan of a seawall. Mr. O'Connell replied 50 years, if you can get 50 years out of a concrete seawall. We are in a high wake zone it is really 30 to 35 years. This seawall has seen 50 to 60 years. We are trying to repair it. We want to protect our property and we want to do it the proper way. This is going to cost as well over a million dollars, which we already funded the project. We do not want to do it and not return it on the South end and leave our property open to King Tides and a potential hurricane storm surge that will wipe out some of the units in our complex. We feel it is a benefit for both park and neighboring property. We 31 Page 957 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 feel it is going to help both of us. Vice Mayor Hay commented that he was thinking we would be at a higher risk. We are in a hurricane area. Mr. O'Connell stated fortunately, we have been okay. We have not had a tremendous situation there. We are experiencing severe flooding during King Tides. That is why we have to get this done. ILy, 11=11 Vice Mayor Hay moved to approve. Commissioner Romelus seconded the motion. The motion passed unanimously. B. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: LATOSHA CLEMONS, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, Defendant — Palm Beach County Circuit CourtCase Number: 50 2021 CA004638XXXXMB AE Assistant City Attorney Bridgeman stated that the Florida Statute requires her to request closed door sessions with the Commission publicly, which she is doing tonight. requesting that closed -door session in the Latosha Clemons vs. City of Boynton Beach case. She said that they can probably conclude their discussion within 45 minutes. There was a Commission consensus to have the attorney- client session at 4:30 p.m. on October 12, 2021. 13. Future Agenda Items A. Head Start Purchase and Sale Agreement - October 19, 2021 B. Hazard Mitigation Grant Award for Potter and Dimmick Roads - October 19, 2021 C. Mobility Plan & Technical Report - October 19, 2021 D. Draft Ordinance for Disposition of City -owned Property. - November 2, 2021 E. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question inAugust 2022 - November 2, 2021 F. Building Department staff will present an update on the implementation of the new Sag esGovsoftware for permitting and inspections - November 16, 2021 32 Page 958 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 G. National Flood Insurance Program Community Rating System Update - November 16, 2021 H. Sign Code Amendments - November 16, 2021 I. Representatives from FIU will present the Diversity & Equity Assessment of City Systems (Internal Assessment) - November 16, 2021 J. City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discussthe City's annual Legislative Agenda. - December 7, 2021 K. Consultant Presentation of Housing Needs Assessment - December 7, 2021 L. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8thAvenue -TBD M. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. — TBD N. Discuss Building Safety Inspection Program — TBD 0. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD 14. Adjournment There being no further business, Mayor Grant adjourned the meeting at 8:58 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz 33 Page 959 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 5, 2021 ATTEST: Crystal Gibson, MMC, City Clerk Tammy Stanzione, Deputy City Clerk 34 Commissioner — Christina L. Romelus Commissioner — Ty Penserga Page 960 of 1174 Minutes of the Special City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, October 12, 2021, at 4:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Christina L. Romelus Commissioner Ty Penserga Absent: Commissioner Justin Katz 1. Agenda Items Lori LaVerriere, City Manager Gal Betesh, Assistant City Attorney Tammy Stanzione, Deputy City Clerk A. Call to Order — Mayor Steven B. Grant Mayor Grant called the meeting to order at 4:30 p.m. Roll Call Deputy City Clerk Stanzione called the roll. A quorum was present. Assistant City Attorney Betesh announced those attending the closed -door session included the City Commissioners, City Manager, City Attorney (attending telephonically or via Communications Media Technology (CMT)), Assistant City Attorney, and a court reporter. The session was anticipated to last about 45 minutes. Assistant City Attorney Betesh noted should a Commissioner who was not currently present arrive during the closed -door session, it will be reflected when the meeting reconvened. Closed -door session held on Tuesday, October 12, 2021, at 4:30 p.m. for a private attorney-client session to discuss pending litigation case of: LATOSHA CLEMONS, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, Defendant — Palm Beach County Circuit Court Case Number: 50 2021CA004638XXXXMB AE The meeting recessed at 4:33 p.m. Mayor Grant reconvened the meeting at 5:43 p.m. Invocation The Invocation was given by Mayor Grant. Page 961 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 12, 2021 Pledge of Allegiance to the Flag Mayor Grant led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption B. Informational items by the Members of the City Commission. Commissioner Romelus had no disclosures. Commissioner Penserga had no disclosures. Vice Mayor Hay had no disclosures. Mayor Grant disclosed that on October 8t", he played golf with two partners from JKM Development. C. Approval of request from the City Attorney for private attorney-client session of the City Commission pursuant to Section 286.011(8), Florida Statutes, to discuss pending litigation in thefollowing case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-M B Assistant City Attorney Betesh stated that the Florida Statute requires her to request closed door sessions with the Commission publicly, which she is doing tonight, requesting that closed -door session in the City of Boynton Beach vs. JKM BTS Capital, LLC Case Number: 50-2020CA012780-XXXX-MB. In attendance will be the City Attorney James Cherof (attending telephonically or via Communications Media Technology (CMT)), Assistant City Attorney Gal Betesh, Special Litigation Counsel Thomas Baird and Joanne O'Connor, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 90 minutes. Motion Commissioner Romelus moved to approve having a closed -door session on October 19, 2021 at 8:00 p.m. Commissioner Penserga seconded the motion. K Page 962 of 1174 Meeting Minutes City Commission Boynton Beach, FL October 12, 2021 The motion passed unanimously. 2. Adjourn There being no further business, the meeting adjourned at 5:29 p.m. ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 3 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Ty Penserga Commissioner —Justin Katz Commissioner —Woodrow L. Hay Commissioner —Christina Romelus Page 963 of 1174 7.A. Requested Action by Commission: Approve the piggyback of Bid No. 12525-312, Resolution No. 21-0674 issued by the City of Fort Lauderdale as the Lead Agency for the NIGP Southeast Florida Governmental Purchasing Cooperative Group for the supply and delivery of Sodium Hypochlorite (CO-OP) by Allied Universal Corporation for an estimated annual expenditure of $300,000.00. The City of Fort Lauderdale complies with government bid requirements equal to and/or exceeds the City of Boynton Beach requirements. Explanation of Request: Contract Term: September 1, 2021 to August 31, 2023 The City of Boynton Beach participates in the SE Florida Governmental Purchasing Cooperative Group to secure goods and services at competitive pricing due to the quantities required for multiple municipalities. The City of Fort Lauderdale solicited sealed bids for Sodium Hypochlorite (CO-OP) and awarded Allied Universal Corp. as the lowest responsive and responsible bidder for the purchase and delivery of sodium hypochlorite in bulk loads in accordance with the prices identified in "Exhibit B". This is a 2 -year contract with the option to extend the contract for two additional one-year terms. How will this affect city programs or services? Water quality is of critical importance to the Utilities Department. Reduced or no chlorine usage would pose unnecessary risk to public health and prevent the water treatment plants from meeting State and regulatory water quality standards. Fiscal Impact: Budgeted in Utilities R&R Account Expenditures for FY 2019: $184,635.28 Expenditures for FY 2020: $239,401.44 Expenditures for FY 2021 to date: - $184,635.28 Anticipated Budget Expenditure: 401-2811-536.52-28 - $300,000 Alternatives: The City of Boynton Beach could issue own bid but would likely receive higher pricing. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 964 of 1174 Is this a grant? No Grant Amount: Contracts Vendor Name: Allied Universal Corp Start Date: 9/11/20211 End Date: 8/31/2023 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Option of two additional one-year renewal terms Attachments: Type DAg ir'E�'E) rTIE) 111 t Description &E F::]orida PLArchasiing CO OF1 Cointract Aw.,ird AIIiEsd Uiniveirsal Corp 2021 2023 Page 965 of 1174 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 Ipiper@myboca,us for placement on the NIGP SEFL website Cooperative contract page. BID/RFP No. 12525-312 Description/Title: Sodium Hypochlorite (CO-OP) Initial Contract Term: Start Date: 9/1/2021 End Date: 8/31/2023 Renewal Terms of the Contract: 2 Renewal Options for 1 year (No. of Renewals) Renewal No. Start Date: Renewal No. Start Date: Renewal No. Start Date: SECTION #1 VENDOR AWARD Vendor Name: Allied Universal Corp. (Period of Time) End Date: End Date: End Date: Vendor Address: 3901 NW 115th Avenue, Miami, Florida 33178 Contact: James Palmer Phone: 954-888-2623 Fax: Cell/Pager: Email Address: bids@allieduniversal.com Website: FEIN: SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: 8/17/2021 Resolution/Agenda Item No.: 21-0674 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION #3 LEAD AGENCY Agency Name: City of Fort Lauderdale Agency Address: 100 N. Andrews Avenue; Fort Lauderdale, FL 33301 Agency contact: Heather Rose Emailhrose@fortlauderdale.gov Telephone: 954-828-5142 Fax: Page 966 of 1174 AGREEMENT FOR SODIUM HYPOCHLORITE (CO-OP) THIS AGREEMENT, made this 23rd day of August 2021, is by and between the City of Fort Lauderdale, a Florida municipality ("City" or "Parties"), whose address is 100 North Andrews Avenue, Fort Lauderdale, Florida 33301-1016, and Allied Universal Corp., a Florida corporation ("Contractor," "Company" or "Parties"), whose address and phone number are 3901 NW 115' Avenue, Miami, Florida 33178, Phone: 954-888-2623, Email: bids@allieduniversal.com. NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the City and the Contractor covenant and agree as follows: WITNESSETH: I. DOCUMENTS The following documents (collectively "Contract Documents") are hereby incorporated into and made part of this Agreement: (1) Invitation to Bid No. 12525-312, Sodium Hypochlorite (CO-OP), including any and all addenda, prepared by the City of Fort Lauderdale ("ITB" or "Exhibit A"). (2) The Contractor's response to the ITB, dated June 23, 2021 ("Exhibit B"). All Contract Documents may also be collectively referred to as the "Documents." In the event of any conflict between or among the Documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement dated August 23 2021, and any attachments. B. Second, Exhibit A C. Third, Exhibit B II. SCOPE The Contractor shall perform the Work under the general direction of the City as set forth in the Contract Documents. Unless otherwise specified herein, the Contractor shall perform all work identified in this Agreement. The Parties agree that the scope of services is a description of Contractor's obligations and responsibilities, and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the Work described that exclusion would render performance by Contractor impractical, illogical, or unconscionable. "0' 1-06 7 of 1174 @# i Page 1 of 136 Contractor acknowledges and agrees that the City's Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. By signing this Agreement, the Contractor represents that it thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the description of the work and the conditions under which the Work is to be performed. III. TERM OF AGREEMENT The initial contract period shall commence on September 1, 2021 and shall end on August 31, 2023. The City reserves the right to extend the contract for two additional one-year terms, providing all terms conditions and specifications remain the same, both Parties agree to the extension, and such extension is approved by the City. In the event the term of this Agreement extends beyond the end of any fiscal year of City, to wit, September 301h, the continuation of this Agreement beyond the end of such fiscal year shall be subject to both the appropriation and the availability of funds. IV. COMPENSATION The Contractor agrees to provide the services and/or materials as specified in the Contract Documents at the cost specified in Exhibit B. It is acknowledged and agreed by Contractor that this amount is the maximum payable and constitutes a limitation upon City's obligation to compensate Contractor for Contractor's services related to this Agreement. This maximum amount, however, does not constitute a limitation of any sort upon Contractor's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. Except as otherwise provided in the solicitation, no amount shall be paid to Contractor to reimburse Contractor's expenses. V. METHOD OF BILLING AND PAYMENT Contractor may submit invoices for compensation no more often than monthly, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy is due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the goods provided. City shall pay Contractor within forty-five (45) days of receipt of Contractor's proper invoice, as provided in the Florida Local Government Prompt Payment Act. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the City's Contract Administrator. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the City's Contract 2 "0" -06]4,.,$ of 1174 �14� Page 2 of 136 Administrator or failure to comply with this Agreement. The amount withheld shall not be subject to payment of interest by City. VI. GENERAL CONDITIONS A. Indemnification Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. The provisions and obligations of this Section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Manager, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. B. Intellectual Property Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, royalties, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any infringement or allegation of infringement of any patent, copyright, or other intellectual property right in connection with the Contractor's or the City's use of any copyrighted, patented or un -patented invention, process, article, material, or device that is manufactured, provided, or used pursuant to this Agreement. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. C. Termination for Cause The aggrieved party may terminate this Agreement for cause if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved parry identifying the breach. The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety. The Parties agree that if the City erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. This Agreement may be terminated for cause for reasons including, but not limited to, Contractor's repeated (whether negligent or intentional) submission for payment of false 3 "0" -06]4,.,9 of 1174 �94� Page 3 of 136 or incorrect bills or invoices, failure to perform the Work to the City's satisfaction; or failure to continuously perform the Work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. D. Termination for Convenience The City reserves the right, in its best interest as determined by the City, to cancel this Agreement for convenience by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. In the event this Agreement is terminated for convenience, Contractor shall be paid for any services performed to the City's satisfaction pursuant to the Agreement through the termination date specified in the written notice of termination. Contractor acknowledges and agrees that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are hereby acknowledged by Contractor, for City's right to terminate this Agreement for convenience. E. Cancellation for Unappropriated Funds The City reserves the right, in its best interest as determined by the City, to cancel this Agreement for unappropriated funds or unavailability of funds by giving written notice to the Contractor at least thirty (30) days prior to the effective date of such cancellation. The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the Agreement into a subsequent fiscal period is subject to appropriation of funds, unless otherwise provided by law. F. Insurance As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at the Contractor's sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement. All insurance policies shall be from insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of A-, VII or better. All insurance policies are subject to approval by the City's Risk Manager. The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or M "0" -'%70 of 1174 �14� Page 4 of 136 acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City's officers, employees, and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured — Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City or the City's officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City and the City's officers, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. "0" -'%71 of 1174 �14� Page 5 of 136 Pollution and Remediation Legal Liability (Hazardous Materials) For the purpose of this section, the term "hazardous materials" includes all materials and substances that are designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, the Contractor shall procure and maintain any or all of the following coverage, which will be specifically addressed upon review of exposure. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Agreement, including but not limited to, all hazardous materials identified under the Agreement. Hazardous Waste Transportation Coverage The Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials in an amount not less than $1,000,000 per claim limit and provide a valid EPA identification number. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. 0 "0" -0672 of 1174 �14� Page 6 of 136 The Certificate Holder should read as follows: City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, FL 33301 The Contractor has the sole responsibility for the payment of all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as applied to the City and the City's officers, employees, and volunteers. Any insurance or self-insurance maintained by the City covering the City, the City's officers, employees, or volunteers shall be non- contributory. Any exclusion or provision in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Agreement shall be unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. G. Environmental, Health and Safety Contractor shall place the highest priority on health and safety and shall maintain a safe working environment during performance of the Work. Contractor shall comply, and shall secure compliance by its employees, agents, and subcontractors, with all applicable 7 "0" -0673 of 1174 �14� Page 7 of 136 environmental, health, safety and security laws and regulations, and performance conditions in this Agreement. Compliance with such requirements shall represent the minimum standard required of Contractor. Contractor shall be responsible for examining all requirements and determine whether additional or more stringent environmental, health, safety and security provisions are required for the Work. Contractor agrees to utilize protective devices as required by applicable laws, regulations, and any industry or Contractor's health and safety plans and regulations, and to pay the costs and expenses thereof, and warrants that all such persons shall be fit and qualified to carry out the Work. H. Standard of Care Contractor represents that it is qualified to perform the Work, that Contractor and its subcontractors possess current, valid state and/or local licenses to perform the Work, and that their services shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other qualified contractors under similar circumstances. I. Rights in Documents and Work Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of City; and Contractor disclaims any copyright in such materials. In the event of and upon termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Contractor to the City's Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to Contractor shall be withheld until Contractor delivers all documents to the City as provided herein. J. Audit Right and Retention of Records City shall have the right to audit the books, records, and accounts of Contractor and Contractor's subcontractors that are related to this Agreement. Contractor shall keep, and Contractor shall cause Contractor's subcontractors to keep, such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. All books, records, and accounts of Contractor and Contractor's subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Contractor or Contractor's subcontractor, as applicable, shall make same available at no cost to City in written form. Contractor and Contractor's subcontractors shall preserve and make available, at reasonable times for examination and audit by City in Broward County, Florida, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida public records law, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If "0" -0674 of 1174 �14� Page 8 of 136 the Florida public records law is determined by City to be applicable to Contractor and Contractor's subcontractors' records, Contractor and Contractor's subcontractors shall comply with all requirements thereof, however, Contractor and Contractor's subcontractors shall violate no confidentiality or non -disclosure requirement of either federal or state law. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. Contractor shall, by written contract, require Contractor's subcontractors to agree to the requirements and obligations of this Section. The Contractor shall maintain during the term of the Agreement all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Agreement. K. Public Entity Crime Act Contractor represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes (2020), as may be amended or revised, which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to City, may not submit a bid on a contract with City for the construction or repair of a public building or public work, may not submit bids on leases of real property to City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not transact any business with City in excess of the threshold amount provided in Section 287.017, Florida Statutes (2020), as may be amended or revised, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section shall result in termination of this Agreement and recovery of all monies paid by City pursuant to this Agreement and may result in debarment from City's competitive procurement activities. L. Independent Contractor Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subj ect to the supervision of the Contractor. In providing such services, neither Contractor nor Contractor's agents shall act as officers, employees, or agents of City. No partnership, joint venture, or other joint relationship is created hereby. City does not extend to Contractor or Contractor's agents any authority of any kind to bind City in any respect whatsoever. M. Inspection and Non -Waiver Contractor shall permit the representatives of City to inspect and observe the Work at all times. 0 "0" -0675 of 1174 �14� Page 9 of 136 The failure of the City to insist upon strict performance of any other terms of this Agreement or to exercise any rights conferred by this Agreement shall not be construed by Contractor as a waiver of the City's right to assert or rely on any such terms or rights on any future occasion or as a waiver of any other terms or rights. N. Assignment and Performance Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. In addition, Contractor shall not subcontract any portion of the Work required by this Agreement, except as provided in the Schedule of Subcontractor Participation. City may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or interest herein without City's prior written consent. Contractor represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. Contractor shall perform Contractor's duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. In the event Contractor engages any subcontractor in the performance of this Agreement, Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and conditions of this Agreement. Contractor shall be fully responsible for all of Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' non-performance and all of Contractor's subcontractors' acts and omissions. Contractor shall defend at Contractor's expense, counsel being subject to City's approval or disapproval, and indemnify and hold City and City's officers, employees, and agents harmless from and against any claim, lawsuit, third party action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, by or in favor of any of Contractor's subcontractors for payment for work performed for City by any of such subcontractors, and from and against any claim, lawsuit, third parry action, fine, penalty, settlement, or judgment, including any award of attorney fees and any award of costs, occasioned by or arising out of any act or omission by any of Contractor's subcontractors or by any of Contractor's subcontractors' officers, agents, or employees. Contractor's use of subcontractors in connection with this Agreement shall be subject to City's prior written approval, which approval City may revoke at any time. O. Conflicts Neither Contractor nor any of Contractor's employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment and care related to Contractor's performance under this Agreement. 10 "0" -06 4,6 of 1174 �14� Page 10 of 136 Contractor further agrees that none of Contractor's officers or employees shall, during the term of this Agreement, serve as an expert witness against City in any legal or administrative proceeding in which he, she, or Contractor is not a parry, unless compelled by court process. Further, Contractor agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of City in connection with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this Section shall not preclude Contractor or any persons in any way from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legal proceeding. In the event Contractor is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, Contractor agrees to require such subcontractors, by written contract, to comply with the provisions of this Section to the same extent as Contractor. P. Schedule and Delays Time is of the essence in this Agreement. By signing, Contractor affirms that it believes the schedule to be reasonable; provided, however, the Parties acknowledge that the schedule might be modified as the City directs. Q. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. R. Compliance With Laws Contractor shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing Contractor's duties, responsibilities, and obligations pursuant to this Agreement. S. Severance In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the provisions not having been found by a court of competent jurisdiction to be invalid or unenforceable shall continue to be effective. 11 "0" -0677 of 1174 �14� Page 11 of 136 T. Limitation of Liability The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract or for any action or claim arising from this Agreement to be limited to a maximum amount of $1,000 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of $1,000 which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action for breach of contract or for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes (2020), as may be amended or revised. U. Jurisdiction, Venue, Waiver, Waiver of Jury Trial This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for any lawsuit by either parry against the other parry or otherwise arising out of this Agreement, and for any other legal proceeding, shall be in the Seventeenth Judicial Circuit in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida, Fort Lauderdale Division. THE PARTIES EXPRESSLY AGREE TO WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ALL ISSUES SO TRIABLE UNDER THIS AGREEMENT. V. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Mayor and/or City Manager, as determined by City Charter and Ordinances, and Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. W. Prior Agreements This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The Parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 12 "0" -0%78 of 1174 �14� Page 12 of 136 X. Payable Interest Except as required and provided for by the Florida Local Government Prompt Payment Act, City shall not be liable for interest for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim based on or related to this Agreement. Y. Representation of Authority Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such parry and does so with full legal authority. Z. Uncontrollable Circumstances ("Force Maieure") The City and Contractor will be excused from the performance of their respective obligations under this Agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 1. The non-performing parry gives the other parry prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 2. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 3. No obligations of either parry that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 4. The non-performing parry uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the Agreement shall be extended by a period equal to that during which either parry's performance is suspended under this Section. 13 "0" -'%79 of 1174 �14� Page 13 of 136 AA. Scrutinized Companies The Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2020), as may be amended or revised, and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of Section 287.135, Florida Statutes (2020), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2020), as may be amended or revised, or is engaged in a boycott of Israel. BB. Public Records 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, 100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301, PHONE: 954-828-5002, EMAIL: PRRCC f& L L . " V. Contractor shall comply with public records laws, and Contractor shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2020), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Agreement, 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 Agreement, 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 Agreement, 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 14 ca�y 21-06],x30 of 1174 @9#i Page 14 of 136 of the City. CC. Non -Discrimination The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color, national origin, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, or marital status. 1. The Contractor certifies and represents that it will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, (2020), as may be amended or revised, ("Section 2-187"). 2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in Section 2-183 of the Code of Ordinances of the City of Fort Lauderdale, Florida. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 15 ca�y 21-06],x31 of 1174 @1#i Page 15 of 136 IN WITNESS WHEREOF, the City and the Contractor exeCLI(C this Agreement Con tract as follows: ATTEST: CITY "A -LAl DF,RDALE Cbristo er I' �4agg�tcrb Jeffirey A. darell i., Q -E I — agerb oom, [CMA-CN4 P, C 1, Ma a Ma area m WITNESSES: Print Name STATE OF COUNTY 01_.,,R]Ly.� Date: Approved as to 1,61-111: AILAIN F". 13011,1AU, CITY ATTORNEY A By. ....... . ... . ...... RM61nica Monta ya I asan Assistant City Attorney ALLIED UNIVERSAL CORI), Y: I President cAV 0 R4 (CORPORATE SEAL)' SEAL The, foregoing instrument ",as acknow edged before me by means of M_" physical presence or 1:1 online notanzation,this-Y ..' day of 1, byJames Palmer as Pi-esident For Allied Universal Coi-p.,a Floi-id - a coroi-a ptiAl . 202. ...... Nv� (Si011atUre Of NOtary PUblic State of loricia) l'a•iaat, Typc or Stamp ommissioned Name of Notary Public) TAWANAHOUSTON Personally Known woommm"nowmi m Produccd Identification O 11 a BMW Ift Nfty ptm undwmun 1Z,hm 202S ']'ype of1dentification Produced EXPtRES-. 16 CAM 21-0674 Exhibit 3 Page I Pgdd 982 of 1174 Print Name STATE OF COUNTY 01_.,,R]Ly.� Date: Approved as to 1,61-111: AILAIN F". 13011,1AU, CITY ATTORNEY A By. ....... . ... . ...... RM61nica Monta ya I asan Assistant City Attorney ALLIED UNIVERSAL CORI), Y: I President cAV 0 R4 (CORPORATE SEAL)' SEAL The, foregoing instrument ",as acknow edged before me by means of M_" physical presence or 1:1 online notanzation,this-Y ..' day of 1, byJames Palmer as Pi-esident For Allied Universal Coi-p.,a Floi-id - a coroi-a ptiAl . 202. ...... Nv� (Si011atUre Of NOtary PUblic State of loricia) l'a•iaat, Typc or Stamp ommissioned Name of Notary Public) TAWANAHOUSTON Personally Known woommm"nowmi m Produccd Identification O 11 a BMW Ift Nfty ptm undwmun 1Z,hm 202S ']'ype of1dentification Produced EXPtRES-. 16 CAM 21-0674 Exhibit 3 Page I Pgdd 982 of 1174 City of Fort Lauderdale - Zp.I ; I ] ;,I 0I W c � Bid 12525-312 Solicitation 12525-312 Sodium Hypochlorite (CO-OP) Bid Designation: Public f CITY OF (FORT ILA IL7EIRDALE City of Fort Lauderdale CIO 21-06 7/1/2021 9:01 AM @9#; 3 of 1 pj 4 Page 17 of 136 City of Fort Lauderdale Bid 12525-312 Sodium Hypochlorite (CO-OP) Bid Number 12525-312 Bid Title Sodium Hypochlorite (CO-OP) Bid Start Date Jun 8,20214:12:09 PM EDT Bid End Date Jun 25, 20212:00:00 PM EDT Question & Jun 21, 20215:00:00 PM EDT Answer End Date Bid Contact Stefan S Mohammed Senior Procurement Specialist Finance 954-828-5351 smohammed@fortlauderdale.gov Contract Duration 2years Contract Renewal 2 annual renewals Prices Good for 120 days Bid Comments Addendum # 1 Bid 12525-312 The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (Co -Op) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. Added on Jun 11, 2021: This addendum is to add the bid tabulation done on the last bid 12006-372. All otherterms, conditions and specifications remain unchanged. Item Quantity Unit Price Delivery Location Item Response Form 12525-312--01-01 - Sodium Hypochlorite- Tanker Load 1 gallon City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 1 C 21-06 7/1/2021 9:01 AM @; 4 Of 11 p.� 4 Page 18 of 136 City of Fort Lauderdale Bid 12525-312 Description Based on past usage, the co-op anticipates usage of 8,531,000 gallons for the two year contract. However past usage is not indicative of future usage. Item 12525-312--01-02 - Sodium hypochlorite- Less than tanker load Quantity 1 gallon Unit Price Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 1 Description Based on past usage, the Co-op anticipates usage of 200,000 gallons for a two year term, however past usage is not indicative of future usage. C 21-06 7/1/2021 9:01 AM @; 5 of 11 p.� 4 Page 19 of 136 City of Fort Lauderdale 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. Bid 12525-312 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 was formed 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 as required 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 to all 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 the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity 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" C 21-06 7/1/2021 9:01 AM @; 6 of 11 p.4 Page 20 of 136 City of Fort Lauderdale Bid 12525-312 City of Fort Lauderdale Sodium Hypochlorite (CO-OP) ITB 12525-312 SECTION I — INTRODUCTION AND INFORMATION 1.1 Purpose The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium Hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (ITB). 1.2 BidSync The City of Fort Lauderdale uses BidSync (www.bidsync.com) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the ITB from BidSync. Proposers are strongly encouraged to read the various vendor Guides and Tutorials available in BidSync well in advance of their intention of submitting a proposal to ensure familiarity with the use of BidSync. The City shall not be responsible for a Proposers inability to submit a Proposal by the end date and time for any reason, including issues arising from the use of BidSync. It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically through BidSync at www.bidsync.com no later than the time and date specified in this solicitation. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE SUBMITTED ELECTRONICALLY VIA .BIDSYNC.COM. 1.3 Electronic Bid Openings Please be advised that effective immediately, and until further notice, all Invitation to Bids, Request For Proposals, Request For Qualifications, and other solicitations led by the City of Fort Lauderdale will be opened electronically via BIDSYNC.COM at the date and time indicated on the solicitation. All openings will be held on the BIDSYNC.COM platform. Anyone requesting assistance or having further inquiry in this matter must contact the Procurement Specialist indicated on the solicitation, via the Question and Answer forum on Bidsync.com before the Last Day for Questions indicated in the Solicitation. 1.4 Point of Contact For information concerning procedures for responding to this solicitation, contact Procurement Specialist, Stefan Mohammed, at (954) 828-5351 or email at SMohammed@fortlauderdale.gov. Such contact shall be for clarification purposes only. For information concerning technical specifications, please utilize the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified in the ITB schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Bidders please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this ITB. 1102 1 _0' 21-06 7/1/2021 9:01 AM ?94; 7 of 1 p1. �4 Page 21 of 136 City of Fort Lauderdale Bid 12525-312 1.5 Pre-bid Conference and/or Site Visit There will not be a pre-bid conference or site visit for this ITB. It will be the sole responsibility of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. END OF SECTION CIO 21-06 7/1/2021 9:01 AM ?94; 8 of 1 pj �4 Page 22 of 136 City of Fort Lauderdale Bid 12525-312 SECTION II - SPECIAL TERMS AND CONDITIONS 2.1 General Conditions ITB General Conditions (Form G-107, Rev. 09/20) are included and made a part of this ITB. 2.2 Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Procurement Specialist utilizing the question / answer feature provided by BidSync and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question / answer feature provided by BidSync and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by official written addendum issued by the City and uploaded to BidSync as a separate addendum to the ITB. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 2.3 Changes and Alterations Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline. 2.4 Bidder's Costs The City shall not be liable for any costs incurred by Bidders in responding to this ITB. 2.5 Pricing/Delivery Delivery is required within two business days after receipt of purchase order. Failure to meet this delivery date may be deemed as non-responsive. All deliveries are to be shipped F.O.B. Destination, Freight included. Failure to provide costs as requested in this ITB may deem your bid non-responsive. All work is to be performed during normal working hours unless requested otherwise by the participating agency. Contractor must provide name and contact information as references for facilities that have been provided the same or similar products and service. City of Hallandale delivery instructions- delivery during daylight hour only. Coral Springs Improvement District special delivery requirements- full safety gear when offloading chemicals. 2.6 Price Validity Prices provided in this Invitation to bid (ITB) shall be valid for at least One -Hundred and Twenty (120) days from time of ITB opening unless otherwise extended and agreed upon by the City and Bidder. The City shall award contract within this time period or shall request to the recommended awarded vendor an extension to hold pricing, until products/services have been awarded. CIO 21-06 7/1/2021 9:01 AM ?9Ai 9 of 1 p1. �4 Page 23 of 136 City of Fort Lauderdale INIIWON IRIG UaMA Bid 12525-312 CANA 21-06 @g i 0 of 1p1 �4 Page 24 of 136 City of Fort Lauderdale Bid 12525-312 2.7 Invoices/Payment Payment terms will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. 2.8 Related Expenses/Travel Expenses All costs including travel are to be included in your bid. The City will not accept any additional costs. 2.9 Payment Method The City of Fort Lauderdale has implemented a Procurement Card (P -Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City's P -Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. See Contract Payment Method form attached. 2.10 Mistakes The Bidder shall examine this ITB carefully. The submission of a bid shall be prima facie evidence that the Bidder has full knowledge of the scope, nature, and quality of the work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Ignorance of the requirements will not relieve the Bidder from liability and obligations under the Contract. 2.11 Acceptance of Bids / Minor Irregularities 2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variances to specifications contained in bids which do not make the bid conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a bidder an advantage or benefit not enjoyed by other bidders, does not adversely impact the interests of other firms or, does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue an ITB. 2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Bidder. 2.12 Modification of Services 2.12.1 While this contract is for services provided to the department referenced in this ITB, the City may require similar work for other City departments. Successful Bidder agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Successful Bidder. 2.12.2 The City reserves the right to delete any portion of the work at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the CIO 21-06 7/1 /2021 9:01 AM ?9Ai 1 of 1 p1.74 Page 25 of 136 City of Fort Lauderdale Bid 12525-312 City on any portion of a contract resulting from this ITB, the Successful Bidder shall be paid for the work completed on the basis of the estimated percentage of completion of such portion to the total project cost. 2.12.3 The City may require additional items or services of a similar nature, but not specifically listed in the contract. The Successful Bidder agrees to provide such items or services and shall provide the City prices on such additional items or services. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other vendors, or to cancel the contract upon giving the Successful Bidder thirty (30) days written notice. 2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project, and a budget has been established for that task or project, the Successful Bidder will submit a revised budget to the City for approval prior to proceeding with the work. 2.13 No Exclusive Contract Bidder agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City's sole option. 2.14 Sample Contract Agreement A sample of the formal agreement template, which may be required to be executed by the awarded vendor can be found at our website: httr�s://www.fortlauderdale.gov/home/showdocument?id®1212 2.15 Responsiveness In order to be considered responsive to the solicitation, the firm's bid shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 2.16 Responsibility In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 2.17 Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Bidder must demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. In addition, the Bidder must have no conflict of interest with regard to any other work performed by the Bidder for the City of Fort Lauderdale. 2.17.1 Firm or principals shall have no record of judgments, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the City Commission. CV 21-06 2 of a.Ila4 7/1/2021 9:01 AM ?�i Page 26 of 136 City of Fort Lauderdale Bid 12525-312 2.17.2 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 2.18 Lobbying Activities ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C-11-42 & Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-11-42 and Resolution No. 07-101 may be obtained from the City Clerk's Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's website at http://www.fortlauderdale.gov/home/showdocument?id®6036. 2.19 Local Business Preference- N/A 2.20 Disadvantaged Business Enterprise Preference- N/A 2.21 Protest Procedure 2.21.1 Any Bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law, may follow the protest procedure as found in the city's procurement ordinance within five (5) days after a notice of intent to award is posted on the city's web site at the following link: http://www.fortlauderdale.gov/departments/finance/procurement®services/notices® of®intent-to®award. 2.21.2 The complete protest ordinance may be found on the city's web site at the following link: https://library.municode.com/fl/fort lauderdale/codes/code of ordinances?nodel d=COOR CH2AD ARTY I DIV2PR 52-182DIREPR 2.22 Public Entity Crimes Bidder, by submitting a bid, certifies that neither the Bidder nor any of the Bidder's principals has been placed on the convicted vendor list as defined in Section 287.133, Florida Statutes (2018), as may be amended or revised. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 2.23 Sub -Contractors 2.23.1 If the Contractor proposes to use sub -contractors in the course of providing these services to the City, this information shall be a part of the bid response. Such information shall be subject to review, acceptance and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove of any sub- contractor candidate in its best interest and to require Contractor to replace sub- contractor with one that meets City approval. CV 21-063 of �.1l7, 4 7/1/2021 9:01 AM ?�i Page 27 of 136 City of Fort Lauderdale Bid 12525-312 2.23.2 Contractor shall ensure that all of Contractor's sub -contractors perform in accordance with the terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor's sub -contractors' performance, and liable for any of Contractor's sub- contractor's non-performance and all of Contractor's sub -contractors' acts and omissions. Contractor shall defend, at Contractor's expense, counsel being subject to the City's approval or disapproval, and indemnify and hold harmless the City and the City's officers, employees, and agents from and against any claim, lawsuit, third -party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Contractor's sub -contractors for payment for work performed for the City. 2.23.3 Contractor shall require all of its sub -contractors to provide the required insurance coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said sub -contractors will be the sole responsibility of the Contractor. 2.24 Bid Security- N/A 2.25 Payment and Performance Bond- N/A 2.26 Insurance Requirements 2.26.1 As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at the Contractor's sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement. All insurance policies shall be from insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of "A" VII or better. All insurance policies are subject to approval by the City's Risk Manager. 2.26.2 The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. 2.26.3 The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations CV 21-06 4 of a.Il�4 7/1/2021 9:01 AM ?�i Page 28 of 136 City of Fort Lauderdale Bid 12525-312 Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City's officers, employees, and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured — Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City or the City's officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City and the City's officers, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. 2.26.4 Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made CV 21-065 of a.Il�4 7/1/2021 9:01 AM ?�i Page 29 of 136 City of Fort Lauderdale Bid 12525-312 form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f. The City shall be named as an Additional Insured on the general liability policy. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. The Certificate Holder should read as follows: City of Fort Lauderdale Procurement Services Division 100 N. Andrews Avenue Fort Lauderdale, FL 33301 2.26.5 The Contractor has the sole responsibility for the payment of all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. 2.26.6 If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. 2.26.7 The Contractor's insurance coverage shall be primary insurance as applied to the City and the City's officers, employees, and volunteers. Any insurance or self-insurance maintained by the City covering the City, the City's officers, employees, or volunteers shall be non-contributory. 2.26.8 Any exclusion or provision in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Agreement shall be unacceptable and shall be considered breach of contract. 2.26.9 All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. 2.26.10The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. 2.26.111t is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. CV 21-06 6 of a.Il�4 7/1/2021 9:01 AM ?�i Page 30 of 136 City of Fort Lauderdale OPTIONAL COVERAGES Bid 12525-312 c 21-06 7 of a.Il�4 7/1/2021 9:01 AM , P� �i Page 31 of 136 City of Fort Lauderdale Bid 12525-312 Pollution and Remediation Legal Liability (Hazardous Materials) For the purpose of this section, the term "hazardous materials" includes all materials and substances that are designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, the Contractor shall procure and maintain any or all of the following coverage, which will be specifically addressed upon review of exposure. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Agreement, including but not limited to, all hazardous materials identified under the Agreement. Hazardous Waste Transportation Coverage The Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials in an amount not less than $1,000,000 per claim limit and provide a valid EPA identification number. 2.26.12 Insurance — Sub -Contractors Contractor shall require all of its Sub -Contractors to provide the aforementioned coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said Sub -Contractors will be the sole responsibility of the Contractor. 2.26.13 Insurance for Collection of Credit Card Payments The successful Contractor will need to provide proof that they maintain insurance coverage in an amount of not less than $1,000,000 specifically for cyber related crimes relating to the transmission of credit card information over their website that can include but are not limited to criminal activity involving the information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud. 2.27 Award of Contract Contractor must bid on all items. Partial bids will not be considered. The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. A Contract (the "Agreement") may be awarded by the City Commission. The City reserves the right to execute or not execute, as applicable, a contract with the Bidder(s) that is determined to be in the City's best interests. The City reserves the right to award a contract to more than one Bidder, at the sole and absolute discretion of the in the City. CV 21-06],x.,$ of a.Il�4 7/1/2021 9:01 AM ?�i Page 32 of 136 City of Fort Lauderdale Bid 12525-312 2.28 Damage to Public or Private Property Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, vehicles, etc. on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the City. 2.29 Safety The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual on Traffic Control for construction and maintenance work zones when working on or near a roadway. It will be the sole responsibility of the Contractor to make themselves and their employees fully aware of these provisions, especially those applicable to safety. 2.30 Uncontrollable Circumstances ("Force Majeure") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 2.30.1 The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 2.30.2 The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 2.30.3 No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 2.30.4 The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 2.31 Canadian Companies In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation, the City may enforce in the United States of America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada, of a judgment entered by a court in the United States of America. All monetary amounts set forth in this Contract are in United States dollars. 2.32 News Releases/Publicity News releases, publicity releases, or advertisements relating to this contract or the tasks or projects associated with the project shall not be made without prior City approval. 2.33 Approved Equal or Alternative Product Bids- N/A CV 21-06],x.,9 of a.Il 4 7/1/2021 9:01 AM ?�i Page 33 of 136 City of Fort Lauderdale Bid 12525-312 2.34 Contract Period The initial contract term shall commence upon date of award by the City and shall expire two years from that date. The City reserves the right to extend the contract for two, additional one year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 180 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 2.35 Cost Adjustments Prices quoted shall be firm for the initial contract term of two year(s). No cost increases shall be accepted in this initial contract term. Please consider this when providing pricing for this request for proposal. Thereafter, any extensions which may be approved by the City shall be subject to the following: costs for any extension terms shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) as published by the Bureau of Labor Statistics, U.S. Dep't. of Labor and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending 12/31, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. 2.36 Service Test Period If the Contractor has not previously performed the services to the city, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements of the contact, and to the City's satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor (if applicable). 2.37 Contract Coordinator The City may designate a Contract Coordinator whose principal duties shall be: CV 21-067 7/1/2021 9:01 AM @gAit1 00 O 74 Page 34 of 136 City of Fort Lauderdale Bid 12525-312 Liaison with Contractor. Coordinate and approve all work under the contract. Resolve any disputes. Assure consistency and quality of Contractor's performance. Schedule and conduct Contractor performance evaluations and document findings. Review and approve for payment all invoices for work performed or items delivered. 2.38 Contractor Performance Reviews and Ratings The City Contract Coordinator may develop a Contractor performance evaluation report. This report shall be used to periodically review and rate the Contractor's performance under the contract with performance rating as follows: Excellent Far exceeds requirements. Good Exceeds requirements Fair Just meets requirements. Poor Does not meet all requirements and contractor is subject to penalty provisions under the contact. Non-compliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Contractor subject to the default or cancellation for cause provisions of the contract. The report shall also list all discrepancies found during the review period. The Contractor shall be provided with a copy of the report and may respond in writing if he takes exception to the report or wishes to comment on the report. Contractor performance reviews and subsequent reports will be used in determining the suitability of contract extension. 2.39 Substitution of Personnel- N/A 2.40 Ownership of Work- N/A 2.41 Condition of Trade -In Equipment- N/A 2.42 Conditions of Trade -In Shipment and Purchase Payment- N/A 2.43 Verification of Employment Status Any Contractor/Consultant assigned to perform responsibilities under its contract with a State agency is required to utilize the US Department of Homeland Security's E -Verify system (per Executive Order Number 11-02) to verify the employment eligibility of: (a) all persons employed during the contract term by the Contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the contract with the State agency. E -VERIFY Affirmation Statement (Attachment " ") should be completed and submitted with Proposer's response to this ITB. 2.44 Service Organization Controls The Contactor should provide a current SSAE 18, SOC 2, Type I report with their proposal. Awarded Contractor will be required to provide an SSAE 18, SOC 2, Type II report annually during the term of this contract. If the Contractor cannot provide the SSAE 18, SOC 2, Type I report at time of proposal submittal, a current SOC 3 report will be accepted. CV 21-067 7/1/2021 9:01 AM @ggit1 01 0 1, 74 Page 35 of 136 City of Fort Lauderdale Bid 12525-312 2.45 Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 2.46 Rules and Submittals of Bids The signer of the bid must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the bid is made without collusion with any other person(s), company or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the bid has full authority to bind the principal bidder. 2.47 Bid Tabulations/Intent to Award Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process may be found at: http:Hwww. rtlauderdale.gov/departments/finance/ rocurement®services/notices® of®intent-to®award. Tabulations of receipt of those parties responding to a formal solicitation may be found at: http://www.fortlauderdale.gov/departments/finance/procurement®services/bid® results, or any interested party may call the Procurement Services Division at 954-828-5933. 2.48 Public Records All bids will become the property of the City. The Bidder's response to the ITB is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this ITB and any resulting Contract to be executed for this ITB, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Bidder's response to the ITB purporting to require confidentiality of any portion of the Bidder's response to the ITB, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's response to the ITB constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACTCdFORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. CV 21-067 7/1/2021 9:01 AM @ggitl 02 O 12374 Page 36 of 136 City of Fort Lauderdale Contractor shall: 1. Keep and maintain public records required by the City in order to perform the service. Bid 12525-312 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2017), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of 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 this 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 this 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. 2.49 PCI (Payment Card Industry) Compliance Contractor agrees to comply with all applicable state, federal and international laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding and destruction of protected information. Contractor and/or any subcontractor that handles credit card data must be, and remain, PCI compliant under the current standards and will provide documentation confirming compliance upon request by the City of Fort Lauderdale, failure to produce documentation could result in termination of the contract. END OF SECTION CV 21-067 7/1/2021 9:01 AM @gAit1 03 0 �j 74 Page 37 of 136 City of Fort Lauderdale Bid 12525-312 SECTION III - TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES 1. SCOPE The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (COOP) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. 2. SPECIFICATIONS AND REQUIREMENTS Product specifications'(as per ANSI/AWWA B300 standard for Hypochlorite latest revision): • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOCI • Specific gravity: at 20C -U -1,2 • Molecular weight 7 4.5 • Appearance: Light -yellow to green clear liquid solution Solubility in water: Complete • Freezing Temperature: minus 7C to minus 10C 12% Solution Strength and pH range of 11 to 13 3. Standards Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects, It is the responsibility of the Contractor to inform the participating agency that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification may constitute sufficient grounds for immediate termination of the contract between the participating agency and the Contractor. Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter (GPL) available chlorine (i.e., 12.0 Trade Percent). Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide. Sampling and testing shall be in accordance with EPA and AWWA B300 standards and NSF certification must be provided with every delivery. 4. Clean Tank Guarantee At any time during the performance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity CV 21-067 7/1 /2021 9:01 AM @gAit1 04 0 4�1 74 Page 38 of 136 City of Fort Lauderdale Bid 12525-312 buildup in the tanks will be at the sole discretion of the participating agency. When the tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to the participating agency. Failure of the Contractor to clean out the tank and replace the sodium hypochlorite within seven (7) days after being served notice (or within any extension of this timeframe specified by the participating agency) shall be cause for immediate termination of the sodium hypochlorite supply Agreement between the participating agency and the Contractor. 5. DELIVERY LOCATIONS, SIZE OF TANKS AND ESTIMATED ANNUAL USAGE FOR EACH PARTICIPATING AGENCY. 6. SODIUM HYPOCHLORITE- TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR 4,265,500 Two-year Co-op estimated usage : 8,531,000 gallons. SODIUM HYPOCHLORITE- LESS THAN A TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR 100,000 Two-year Co -Op estimated usage: 200,000 gallons. CV 21-067 7/1 /2021 9:01 AM @gAit1 05 0 �74 Page 39 of 136 Number Estimated Agency/ Delivery Location of Tank Size (Gal) Annual Usage Special Note Tanks Gallons City of Fort Lauderdale 3 11,459 170,000 1500 South State Road 7 Fort Lauderdale, FL 33317 City of Cooper City 4 3,000 58,000 11791 SW 49 Street Cooper City, FL 33330 City of Coral Springs 2 8,000 200,000 2" male, plastic Cam - 3800 NW 85th Avenue lock tank fitting Coral Springs, FL 33065 City of Dania Beach 3 1,500 50,000 Plastic cam lock tank 1201 Stirling Road fitting Dania Beach, FL 33004 City of Deerfield Beach 1 6,000 50,000 2" male Cam lock tank 290 Goolsby Blvd fitting Deerfield Beach, FL 33444 CV 21-067 7/1 /2021 9:01 AM @gAit1 05 0 �74 Page 39 of 136 City of Fort Lauderdale Bid 12525-312 City of Delray Beach 2 10,000 360,000 2" cam lock tank fittings 200 SW 6th Street Delray Beach, FL 33444 20,000 less than tanker load City of Hallandale Beach 3 2,500 150,000 2" Cam Lock Male PVC 630 NW 2 Street Fitting for tank Hallandale Beach, FL 33009 80,000 Less than tanker load Coral Springs Improvement 3 5,925 106,000 2" cam lock female tank District fitting. 10300 NW 11 th Manor Coral Springs, FL 33071 Requires full safety gear when offloading chemicals. Broward County Water and Wastewater Services 3701 North State Road 7 4 7,300 365,000 2" (poly) cam lock tank Lauderdale Lakes, FL 33316 fitting 3598 West Prospect Road 2 450 10,500 Fort Lauderdale, FL 33309 Partial loads to stations 3901 NW 66th Street 2 250 Fort Lauderdale, FL 300 NW 66th Street 2 450 Fort Lauderdale, FL 33309 1390 NE 50th Street 6 14,000 720,000 Pompano Beach, FL 33064 4980 SW 40th Avenue 2 500 Dania Beach, FL 33312 51,000 These will be 4550 SW 38th Street 1 350 West Park, FL 33023 partial loads to stations 3B, 1369, 1600 South Park Road 2 450 Hollywood, FL 33021 1368 and 3C 1751 SW 57th Avenue 2 450 Hollywood, FL 33023 2400 SW 67th Avenue 1 1,100 Miramar, FL 33023 2401 North Powerline Road 1 2,000 800,000 Pompano Beach, FL 33069 1 5,000 6 6,000 Cay 21-067 06 0 74 @gAit.�� Page 40 of 136 City of Fort Lauderdale Bid 12525-312 City of Boynton Beach 5469 W Boynton Beach Blvd 2 21,000 520,000 3" cam lock male tank Boynton Beach, FL 33437 fitting 1620 South Seacrest Blvd 1 21,000 3" cam lock male tank Boynton Beach, FL 33435 fitting City of Hollywood 3441 Hollywood Blvd 7 10,000 600,000 2" Cam lock fitting Hollywood, FL 33021 offload hose for tank 2400 N 68th Avenue 2 500 Hollywood, FL 33024 City of Margate 980 NW 66th Avenue 2 7,000 25,000 2" Bonjo female tank Margate, FL 33063 fitting 6630 NW 9th Street 2 8,100 30,000 2" PVC Cam lock male Margate, FL 33063 1 3,000 tank fitting END OF SECTION CV 21-067 7/1 /2021 9:01 AM @gAit1 07 O 12174 Page 41 of 136 City of Fort Lauderdale Bid 12525-312 CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions and conditions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB) Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB), Request for Qualifications (RFQ), and Request for Proposal (RFP) are interchangeable. PART I BIDDER PROPOSAL PAGES) CONDITIONS: 1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service, BidSync. Notices of Invitations to Bid (ITB' S) are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed (if applicable) to every vendor on those lists, who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents. There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different address, please so indicate on your invoice. 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will be assumed that the product or service fully complies with the City's terms, conditions, and specifications. By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is declared by the City as conditional. 1.08 NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or any other reason, in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and time, indicated in this ITB, may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB. 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Small Business Enterprises (SBE) in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise (MBE) "A Minority Business" is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group members or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United States who include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. Women Business Enterprise (WBE) a "Women Owned or Controlled Business" is a business enterprise at least 51 percent of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by females. Small Business Enterprise (SBE) "Small Business" means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit, which is independently owned and operated, has either fewer than 100 employees or less than $1,000,000 in annual gross receipts. BLACK, which includes persons having origins in any of the Black racial groups of Africa. C 21-067 7/1/2021 9:01 AM @ggit1O$ O �J74 Page 42 of 136 City of Fort Lauderdale Bid 12525-312 WHITE, which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin, regardless of race. NATIVE AMERICAN, which includes persons whose origins are American Indians, Eskimos, Aleuts, or Native Hawaiians. ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. 1.10 MINORITY -WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority (MBE) and women -owned (WBE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation in their proposal, those firms, and their specific duties have to be identified in the proposal. If a proposer is considered for award, he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract. 1.11 SCRUTINIZED COMPANIES As to any contract for goods or services of $1 million or more and as to the renewal of any contract for goods or services of $1 million or more, subject to Odebrecht Construction, Inc., r.. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., r.. Secretary, Florida Department of Transportation, 715 EM 1268 (11th Cir. 2013), with regard to the "Cuba Amendment," the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria, as provided in section 287.135, Florida Statutes (2019), as may be amended or revised. As to any contract for goods or services of any amount and as to the renewal of any contract for goods or services of any amount, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2019), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2019), as may be amended or revised, 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 the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2019), or is engaged in a boycott of Israel, or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2019), as may be amended or revised. Rev. 2/2020 Page 1 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: INVITATION TO BID (ITB) The solicitation document used for soliciting competitive sealed bids for goods or services. INVITATION TO NEGOTIATE (ITN) All solicitation documents, regardless of medium, whether attached to or incorporated by reference in solicitations for responses from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the firm(s) determined most capable of providing the required goods or services. REQUEST FOR PROPOSALS (RFP) A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or services for which price may not be the prevailing factor in award of the contract, or the scope of work, specifications or contract terms and conditions may be difficult to define. Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weighted evaluation criteria. RFPs may include price criteria whenever feasible, at the discretion of the city. REQUEST FOR QUALIFICATIONS (RFQ) A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer for professional services. BID — a price and terms quote received in response to an ITB. PROPOSAL — a proposal received in response to an RFP. BIDDER — Person or firm submitting a Bid. PROPOSER — Person or firm submitting a Proposal. RESPONSIVE BIDDER — A firm who has submitted a bid, offer, quote, or response which conforms in all material respects to the competitive solicitation document and all of its requirements. RESPONSIBLE BIDDER — A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract. The respondent must possess the full capability, including financial and technical, ability, business judgment, experience, qualifications, facilities, equipment, integrity, capability, and reliability, in all respects to perform fully the contract requirements and assure good faith performance as determined by the city. FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the evaluation criteria contained in the RFP. SELLER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR — Any firm having a contract with the city. Also referred to as a "Vendor". CONTRACT — All types of agreements, including purchase orders, for procurement of supplies, services, and construction, regardless of what these agreements may be called. CONSULTANT — A firm providing professional services for the city. C 21-067 7/1/2021 9:01 AM @ggit109 ot.�3 74 Page 43 of 136 City of Fort Lauderdale Bid 12525-312 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed, typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission (FAX) if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is 59-6000319, and State Sales tax exemption number is 85-80138755780-1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB, for questions of a material nature, or prior to five (5) days before bid due and open date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders. 3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. Rev. 2/2020 Page 2 3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environrnental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. C 21-067 7/1/2021 9:01 AM @ggit1 10 ot.1J 74 Page 44 of 136 City of Fort Lauderdale Bid 12525-312 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts, if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashier's check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. In addition, the proposer agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as exempt from disclosure or confidential. Proposals bearing copyright symbols or otherwise purporting to be subject to copyright protection in full or in part may be rejected. The proposer authorizes the City to publish, copy, and reproduce any and all documents submitted to the City bearing copyright symbols or otherwise purporting to be subject to copyright protection. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re -bid, at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.19 BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law may protest to the chief procurement officer, by delivering a letter of protest to the director of finance within five (5) days after a notice of intent to award is posted on the city's web site at the following url: https://www.fortlauderdale.gov/departments/finance/procurement-services/notices- of-intent-to-award The complete protest ordinance may be found on the city's web site at the following url: https://library.municode.com/fl/fort lauderdale/codes/code_of ordinances? nodeid=coor_ch2ad_artvfi_div2pr_s2-182direpr PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as surety for faithful C 21-067 7/1/2021 9:01 AM @ggit1 11 ot.13 74 Page 45 of 136 City of Fort Lauderdale Bid 12525-312 performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. Rev. 2/2020 Page 3 4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractor's insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 COMPLIANCE WITH SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in: Bidder's name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended. 5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100% asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors. 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violations of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder. 5.09 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of C 21-067 7/1/2021 9:01 AM @ggitl12 O �3 74 Page 46 of 136 City of Fort Lauderdale Bid 12525-312 the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in the City's best interest as determined by the City, to cancel any contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or the City Auditor's designee, during normal business hours and in Broward, Miami -Dade or Palm Beach Counties, all books of account, reports, and records relating to this contract. The Contractor shall retain all books of account, reports, and records relating to this contract for the duration of the contract and for three years after the final payment under this Agreement, until all pending audits, investigations or litigation matters relating to the contract are closed, or until expiration of the records retention period prescribed by Florida law or the records retention schedules adopted by the Division of Library and Information Services of the Florida Department of State, whichever is later. 5.13 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his/her/its own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.14 LAW S/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract. NON-DISCRIMINATION: The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color, national origin, age, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, marital status, or any other protected classification as defined by applicable law. 1. The Contractor certifies and represents that the Contractor will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, (2019), as may be amended or revised, ("Section 2-187"), during the entire term of this Agreement. 2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale, Florida. Rev. 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor's cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non -adjusted) cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable, the Contractor must first register with the Florida Department of State in accordance with Florida Statutes, prior to entering into a contract with the City. 5.17 PATENTS AND ROYALTIES: The Contractor, without exception, shall defend, indemnify, and hold harmless the City and the City's employees, officers, employees, volunteers, and agents from and against liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the contract, including their use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. C 21-067 7/1/2021 9:01 AM @ggit1 13 ot.1J 74 Page 47 of 136 City of Fort Lauderdale Bid 12525-312 5.18 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original award approval. 5.19 GOVERNING LAW; VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of the Contract, and for any other legal proceeding, shall be in the courts in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida. 5.20 PUBLIC RECORDS: 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. Contractor shall comply with public records laws, and Contractor shall: 1. Keep and maintain public records required by the City to perform the service 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2019), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of 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. Rev. 2/2020 Page 5 C 21-067 7/1/2021 9:01 AM @ggit1 14 ot.1j 74 Page 48 of 136 City of Fort Lauderdale Bid 12525-312 NON -COLLUSION STATEMENT: By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. accordance wren crcv or tort Lauaeraaie, rL roucv ana standards ivianuai, b.-iu 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. Authorized Signature Title Name (Printed) Date C 21-067 7/1/2021 9:01 AM @ggit1 15 ot.1J 74 Page 49 of 136 City of Fort Lauderdale Bid 12525-312 CONTRACT PAYMENT METHOD The City of Fort Lauderdale has implemented a Procurement Card (P -Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to credit card payments via MasterCard or Visa as part of this program. This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast and safely. No more waiting for checks to be printed and mailed. In accordance with the contract, payments on this contract will be made utilizing the City's P -Card (MasterCard or Visa). Accordingly, bidders must presently have the ability to accept these credit cards or take whatever steps necessary to implement acceptance of a card before the start of the contract term, or contract award by the City. All costs associated with the Contractor's participation in this purchasing program shall be borne by the Contractor. The City reserves the right to revise this program as necessary. By signing below you agree with these terms. Please indicate which credit card payment you prefer: ,i MasterCard ,'-j Visa Company Name Name (Printed) Signature Date Title CV 21-067 7/1/2021 9:01 AM @gAit1 16 0,13 74 Page 50 of 136 City of Fort Lauderdale BID/PROPOSAL CERTIFICATION Bid 12525-312 Please Note: It is the sole responsibility of the bidder to ensure that his bid is submitted electronically through www.BidSync.com prior to the bid opening date and time listed. Paper bid submittals will not be accepted. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute §607.1501 (visit http://www. dos. state.f1.us/). Company: (Legal Registration) EIN (Optional): Address: City: State: Zip: Telephone No.: FAX No.: Email: Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): Total Bid Discount (section 1.05 of General Conditions): Check box if your firm qualifies for MBE / SBE / WBE (section 1.09 of General Conditions): .l ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. You must also click the "Take Exception" button. /11 The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, C 21-067 7/1/2021 9:01 AM @ggit1 17 ot.'G J 74 Page 51 of 136 City of Fort Lauderdale Bid 12525-312 expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars ($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Name (printed) Signature Date Title Revised 4/28/2020 C 21-067 7/1/2021 9:01 AM @ggit1 18 ot.1j 74 Page 52 of 136 City of Fort Lauderdale Bid #12006-372 - Sodium Hypochlorite (CO-OP) Creation Date Jul 19, 2017 End Date Aug 11, 2017 2:00:00 PM EDT Start Date Jul 21, 2017 4:29:31 PM EDT Awarded Date Not Yet Awarded Bid 12606-372 12006-372--01-01 Sodium Hypochlorite- Tanker Load Supplier I Unit Price Supplier I Unit Price Qty/Unit Docs Total Price Attch. Docs Allied Universal Corporation [Ad] I First Offer - $0.498 2157356 / gallon Product Code: Agency Notes: $1,074,363.288 Y Y Product Code: Agency Notes: Odyssey Manufacturing Company I Supplier Product Code: Supplier Notes: 180000 / gallon $122,400.00 Y Y Odyssey Manufacturing Company I First Offer - $0.522 2157356 / gallon $1,126,139.832 Y Y oduct Code: tency Notes: 180000 / gallon Supplier Product Code: Supplier Notes: Y Product Code: Agency Notes: Brenntag Mid -South Inc. [Ad] First Offer - $0.69 2157356 / gallon $1,488,575.64 Y Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: 813540 12006-372--01-02 Sodium hypochlorite- Less than tanker load Supplier I Unit Price Qty/Unit Total Price Attch. Docs Allied Universal Corporation [Ad] I First Offer - $0.548 180000 / gallon $98,640.00 Y Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Odyssey Manufacturing Company I I First Offer - $0.68 180000 / gallon $122,400.00 Y Y oduct Code: tency Notes: Supplier Product Code: Supplier Notes: Brenntag Mid -South Inc. [Ad] First Offer - $0.72 180000 / gallon $129,600.00 Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: 813540 Supplier Totals f Allied Universal Corporation [Ad] Bid Contact Catherine Guillarmod CristyM@allieduniversal.com Ph 305-888-2623 Fax 786-522-0215 Supplier Code 00002648 Agency Notes: f Odyssey Manufacturing Company Bid Contact Patrick Allman pallman@odysseymanufacturing.com Ph 813-635-0339 Fax 813-630-2589 Agency Notes: f Brenntag Mid -South Inc. [Ad] Bid Contact Stephanie Ubach subach@brenntag.com Ph 800-876-1727 $1,173,003.288 (2/2 items) Address 3901 N.W. 115 Ave. Miami, FL 33178 Supplier Notes: Head Attch: $1,248,539.832 (2/2 items) Address 1484 Massaro Blvd. Tampa, FL 33619 Supplier Notes: Head Attch: i $1,618,175.64 (2/2 items) Address 250 Central Florida Parkway Orlando, FL 32824 c 21-067 8/1A20017�:01 AM BidSync , P� �it 19 0 tp�j 74 Page 53 of 136 Fax 407-851-3512 Agency Notes: City of Fort Lauderdale Supplier Notes: Head Attch: Bid 12606-372 c 21-067 8/1A20017�:01 AM BidSync , P� �it20 0 tp�j 74 Page 54 of 136 City of Fort Lauderdale Bid 12525-312 Question and Answers for Bid #12525-312 - Sodium Hypochlorite (CO-OP) Question 1 Can you post the last bid tab? (submitted:jun 11, 20211:23:32 PM EDT) Answer - Last bid tab added. (Answered: Jun 11, 20213:27:16 PM EDT) C 21-067 7/1/2021 9:01 AM @ggit1 21 ot.133 74 Page 55 of 136 City of Fort Lauderdale Bid Contact Catherine Guillarmod bids@allieduniversal.com Ph 305-888-2623 Fax 786-522-0215 Supplier Code 00002648 Address 3901 N.W. 115 Ave. Miami, FL 33178 12525-312 12525-312--01-01 Sodium Hypochlorite -Tanker Supplier Product First Offer- $0.718 1 /gallon $0.718 Y Y Load Code: 12525-312--01-02 Sodium hypochlorite- Less Supplier Product First Offer - $0.78 1 /gallon $0.78 Y than tanker load Code: Supplier Total $1.498 21-06 7/1/2021 BidSync C�@it1022 of P.1174 Page 56 of 136 City of Fort Lauderdale Item: Sodium Hypochlorite- Tanker Load Bid 12525-312 - Sodium Hypochlorite CO-OP_AlliedUniversalCorp..pdf 12525-312 CANA7/1 /2021 BidSync @;1023 of p1 174 Page 57 of 136 City of Fort Lauderdale Bid 12525-312 Solicitation 12525-312 Sodium Hypochlorite (CO-OP) Bid Designation: Public f CITY OF (FORT ILA IL7EIRDALE City of Fort Lauderdale E5/8/2021 2:13 PM BidSync CNA 1024 of p! 474 Page 58 of 136 City of Fort Lauderdale Bid 12525-312 Sodium Hypochlorite (CO-OP) Bid Number 12525-312 Bid Title Sodium Hypochlorite (CO-OP) Bid Start Date Jun 8,20214:12:09 PM EDT Bid End Date Jun 25, 20212:00:00 PM EDT Question & Jun 21, 20215:00:00 PM EDT Answer End Date Bid Contact Stefan S Mohammed Senior Procurement Specialist Finance 954-828-5351 smohammed@fortlauderdale.gov Contract Duration 2years Contract Renewal 2 annual renewals Prices Good for 120 days Bid 12525-312 Bid Comments The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (Co -Op) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. Item Response Form Item 12525-312--01-01 - Sodium Hypochlorite- Tanker Load Quantity 1 gallon Unit Price $0.718/gl Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 1 Description Based on past usage, the co-op anticipates usage of 8,531,000 gallons for the two year contract. However past usage is not indicative of future usage. Item 12525-312--01-02 - Sodium hypochlorite- Less than tanker load Quantity 1 gallon Unit Price $0.78/gl CANA8/8/2021 2:13 PM BidSync @;1025 of P1174. Page 59 of 136 City of Fort Lauderdale Delivery Location City of Fort Lauderdale See ITB Specifications See ITB Specifications Fort Lauderdale FL 33301 Qty 1 Bid 12525-312 Description Based on past usage, the Co-op anticipates usage of 200,000 gallons for a two year term, however past usage is not indicative of future usage. CANA8/8/2021 2:13 PM BidSync @;1026 of P1474. Page 60 of 136 City of Fort Lauderdale 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. Bid 12525-312 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 was formed 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 as required 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 to all 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 the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity 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" CANA8/8/2021 2:13 PM BidSync @;1027 of P1174. Page 61 of 136 City of Fort Lauderdale Bid 12525-312 City of Fort Lauderdale Sodium Hypochlorite (CO-OP) ITB 12525-312 SECTION I — INTRODUCTION AND INFORMATION 1.1 Purpose The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium Hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (ITB). 1.2 BidSync The City of Fort Lauderdale uses BidSync (www.bidsync.com) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the ITB from BidSync. Proposers are strongly encouraged to read the various vendor Guides and Tutorials available in BidSync well in advance of their intention of submitting a proposal to ensure familiarity with the use of BidSync. The City shall not be responsible for a Proposers inability to submit a Proposal by the end date and time for any reason, including issues arising from the use of BidSync. It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically through BidSync at www.bidsync.com no later than the time and date specified in this solicitation. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE SUBMITTED ELECTRONICALLY VIA .BIDSYNC.COM. 1.3 Electronic Bid Openings Please be advised that effective immediately, and until further notice, all Invitation to Bids, Request For Proposals, Request For Qualifications, and other solicitations led by the City of Fort Lauderdale will be opened electronically via BIDSYNC.COM at the date and time indicated on the solicitation. All openings will be held on the BIDSYNC.COM platform. Anyone requesting assistance or having further inquiry in this matter must contact the Procurement Specialist indicated on the solicitation, via the Question and Answer forum on Bidsync.com before the Last Day for Questions indicated in the Solicitation. 1.4 Point of Contact For information concerning procedures for responding to this solicitation, contact Procurement Specialist, Stefan Mohammed, at (954) 828-5351 or email at SMohammed@fortlauderdale.gov. Such contact shall be for clarification purposes only. For information concerning technical specifications, please utilize the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified in the ITB schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Bidders please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this ITB. E5/8/2021 2:13 PM BidSync c�@;1028 of P. 74 Page 62 of 136 City of Fort Lauderdale Bid 12525-312 1.5 Pre-bid Conference and/or Site Visit There will not be a pre-bid conference or site visit for this ITB. It will be the sole responsibility of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. END OF SECTION CV 21-067 8/8/2021 2:13 PM BidSync @gAit1 29 O p. 174 Page 63 of 136 City of Fort Lauderdale Bid 12525-312 SECTION II - SPECIAL TERMS AND CONDITIONS 2.1 General Conditions ITB General Conditions (Form G-107, Rev. 09/20) are included and made a part of this ITB. 2.2 Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Procurement Specialist utilizing the question / answer feature provided by BidSync and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question / answer feature provided by BidSync and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by official written addendum issued by the City and uploaded to BidSync as a separate addendum to the ITB. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 2.3 Changes and Alterations Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline. 2.4 Bidder's Costs The City shall not be liable for any costs incurred by Bidders in responding to this ITB. 2.5 Pricing/Delivery Delivery is required within two business days after receipt of purchase order. Failure to meet this delivery date may be deemed as non-responsive. All deliveries are to be shipped F.O.B. Destination, Freight included. Failure to provide costs as requested in this ITB may deem your bid non-responsive. All work is to be performed during normal working hours unless requested otherwise by the participating agency. Contractor must provide name and contact information as references for facilities that have been provided the same or similar products and service. City of Hallandale delivery instructions- delivery during daylight hour only. Coral Springs Improvement District special delivery requirements- full safety gear when offloading chemicals. 2.6 Price Validity Prices provided in this Invitation to bid (ITB) shall be valid for at least One -Hundred and Twenty (120) days from time of ITB opening unless otherwise extended and agreed upon by the City and Bidder. The City shall award contract within this time period or shall request to the recommended awarded vendor an extension to hold pricing, until products/services have been awarded. CV 21-067 8/8/2021 2:13 PM BidSync @ggitl 30 O p1. 474 Page 64 of 136 City of Fort Lauderdale Bid 12525-312 CANA 21-067 8/8/2021 2:13 PM BidSync @ggit1 31 ot,p 174 Page 65 of 136 City of Fort Lauderdale Bid 12525-312 2.7 Invoices/Payment Payment terms will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. 2.8 Related Expenses/Travel Expenses All costs including travel are to be included in your bid. The City will not accept any additional costs. 2.9 Payment Method The City of Fort Lauderdale has implemented a Procurement Card (P -Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City's P -Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. See Contract Payment Method form attached. 2.10 Mistakes The Bidder shall examine this ITB carefully. The submission of a bid shall be prima facie evidence that the Bidder has full knowledge of the scope, nature, and quality of the work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Ignorance of the requirements will not relieve the Bidder from liability and obligations under the Contract. 2.11 Acceptance of Bids / Minor Irregularities 2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variances to specifications contained in bids which do not make the bid conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a bidder an advantage or benefit not enjoyed by other bidders, does not adversely impact the interests of other firms or, does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue an ITB. 2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Bidder. 2.12 Modification of Services 2.12.1 While this contract is for services provided to the department referenced in this ITB, the City may require similar work for other City departments. Successful Bidder agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Successful Bidder. 2.12.2 The City reserves the right to delete any portion of the work at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the CV 21-067 8/8/2021 2:13 PM BidSync @ggitl 32 O p. 174 Page 66 of 136 City of Fort Lauderdale Bid 12525-312 City on any portion of a contract resulting from this ITB, the Successful Bidder shall be paid for the work completed on the basis of the estimated percentage of completion of such portion to the total project cost. 2.12.3 The City may require additional items or services of a similar nature, but not specifically listed in the contract. The Successful Bidder agrees to provide such items or services and shall provide the City prices on such additional items or services. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other vendors, or to cancel the contract upon giving the Successful Bidder thirty (30) days written notice. 2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project, and a budget has been established for that task or project, the Successful Bidder will submit a revised budget to the City for approval prior to proceeding with the work. 2.13 No Exclusive Contract Bidder agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City's sole option. 2.14 Sample Contract Agreement A sample of the formal agreement template, which may be required to be executed by the awarded vendor can be found at our website: httr�s://www.fortlauderdale.gov/home/showdocument?id®1212 2.15 Responsiveness In order to be considered responsive to the solicitation, the firm's bid shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 2.16 Responsibility In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 2.17 Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Bidder must demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. In addition, the Bidder must have no conflict of interest with regard to any other work performed by the Bidder for the City of Fort Lauderdale. 2.17.1 Firm or principals shall have no record of judgments, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the City Commission. Cay 21-067 33 0 74 8/8/2021 2:13 PM BidSync @gAit .�� Page 67 of 136 City of Fort Lauderdale Bid 12525-312 2.17.2 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 2.18 Lobbying Activities ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C-11-42 & Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-11-42 and Resolution No. 07-101 may be obtained from the City Clerk's Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's website at http://www.fortlauderdale.gov/home/showdocument?id®6036. 2.19 Local Business Preference- N/A 2.20 Disadvantaged Business Enterprise Preference- N/A 2.21 Protest Procedure 2.21.1 Any Bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law, may follow the protest procedure as found in the city's procurement ordinance within five (5) days after a notice of intent to award is posted on the city's web site at the following link: http://www.fortlauderdale.gov/departments/finance/procurement®services/notices® of®intent-to®award. 2.21.2 The complete protest ordinance may be found on the city's web site at the following link: https://library.municode.com/fl/fort lauderdale/codes/code of ordinances?nodel d=COOR CH2AD ARTY I DIV2PR 52-182DIREPR 2.22 Public Entity Crimes Bidder, by submitting a bid, certifies that neither the Bidder nor any of the Bidder's principals has been placed on the convicted vendor list as defined in Section 287.133, Florida Statutes (2018), as may be amended or revised. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 2.23 Sub -Contractors 2.23.1 If the Contractor proposes to use sub -contractors in the course of providing these services to the City, this information shall be a part of the bid response. Such information shall be subject to review, acceptance and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove of any sub- contractor candidate in its best interest and to require Contractor to replace sub- contractor with one that meets City approval. Cay 21-067 34 0 74 8/8/2021 2:13 PM BidSync @ggit .�� Page 68 of 136 City of Fort Lauderdale Bid 12525-312 2.23.2 Contractor shall ensure that all of Contractor's sub -contractors perform in accordance with the terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor's sub -contractors' performance, and liable for any of Contractor's sub- contractor's non-performance and all of Contractor's sub -contractors' acts and omissions. Contractor shall defend, at Contractor's expense, counsel being subject to the City's approval or disapproval, and indemnify and hold harmless the City and the City's officers, employees, and agents from and against any claim, lawsuit, third -party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Contractor's sub -contractors for payment for work performed for the City. 2.23.3 Contractor shall require all of its sub -contractors to provide the required insurance coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said sub -contractors will be the sole responsibility of the Contractor. 2.24 Bid Security- N/A 2.25 Payment and Performance Bond- N/A 2.26 Insurance Requirements 2.26.1 As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at the Contractor's sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement. All insurance policies shall be from insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of "A" VII or better. All insurance policies are subject to approval by the City's Risk Manager. 2.26.2 The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. 2.26.3 The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations Cay 21-067 35 0 74 8/8/2021 2:13 PM BidSync @gAit .�� Page 69 of 136 City of Fort Lauderdale Bid 12525-312 Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City's officers, employees, and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured — Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City or the City's officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City and the City's officers, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. 2.26.4 Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Agreement term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made Cay 21-067 36 0 74 8/8/2021 2:13 PM BidSync @ggit .�� Page 70 of 136 City of Fort Lauderdale Bid 12525-312 form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f. The City shall be named as an Additional Insured on the general liability policy. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. The Certificate Holder should read as follows: City of Fort Lauderdale Procurement Services Division 100 N. Andrews Avenue Fort Lauderdale, FL 33301 2.26.5 The Contractor has the sole responsibility for the payment of all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. 2.26.6 If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. 2.26.7 The Contractor's insurance coverage shall be primary insurance as applied to the City and the City's officers, employees, and volunteers. Any insurance or self-insurance maintained by the City covering the City, the City's officers, employees, or volunteers shall be non-contributory. 2.26.8 Any exclusion or provision in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Agreement shall be unacceptable and shall be considered breach of contract. 2.26.9 All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. 2.26.10The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. 2.26.111t is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. Cay 21-067 37 0 74 8/8/2021 2:13 PM BidSync @ggit .�� Page 71 of 136 City of Fort Lauderdale OPTIONAL COVERAGES Bid 12525-312 c 21-067 E5/8/2021, P� /ffi/2021 2:13 PM BidSync @it38 0 t.11 A 74 Page 72 of 136 City of Fort Lauderdale Bid 12525-312 Pollution and Remediation Legal Liability (Hazardous Materials) For the purpose of this section, the term "hazardous materials" includes all materials and substances that are designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, the Contractor shall procure and maintain any or all of the following coverage, which will be specifically addressed upon review of exposure. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Agreement, including but not limited to, all hazardous materials identified under the Agreement. Hazardous Waste Transportation Coverage The Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials in an amount not less than $1,000,000 per claim limit and provide a valid EPA identification number. 2.26.12 Insurance — Sub -Contractors Contractor shall require all of its Sub -Contractors to provide the aforementioned coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said Sub -Contractors will be the sole responsibility of the Contractor. 2.26.13 Insurance for Collection of Credit Card Payments The successful Contractor will need to provide proof that they maintain insurance coverage in an amount of not less than $1,000,000 specifically for cyber related crimes relating to the transmission of credit card information over their website that can include but are not limited to criminal activity involving the information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud. 2.27 Award of Contract Contractor must bid on all items. Partial bids will not be considered. The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. A Contract (the "Agreement") may be awarded by the City Commission. The City reserves the right to execute or not execute, as applicable, a contract with the Bidder(s) that is determined to be in the City's best interests. The City reserves the right to award a contract to more than one Bidder, at the sole and absolute discretion of the in the City. Cay 21-067 39 0 74 8/8/2021 2:13 PM BidSync @gAit .�� Page 73 of 136 City of Fort Lauderdale Bid 12525-312 2.28 Damage to Public or Private Property Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, vehicles, etc. on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the City. 2.29 Safety The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual on Traffic Control for construction and maintenance work zones when working on or near a roadway. It will be the sole responsibility of the Contractor to make themselves and their employees fully aware of these provisions, especially those applicable to safety. 2.30 Uncontrollable Circumstances ("Force Majeure") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 2.30.1 The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 2.30.2 The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 2.30.3 No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 2.30.4 The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 2.31 Canadian Companies In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation, the City may enforce in the United States of America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada, of a judgment entered by a court in the United States of America. All monetary amounts set forth in this Contract are in United States dollars. 2.32 News Releases/Publicity News releases, publicity releases, or advertisements relating to this contract or the tasks or projects associated with the project shall not be made without prior City approval. 2.33 Approved Equal or Alternative Product Bids- N/A Cay 21-067 40 0 74 8/8/2021 2:13 PM BidSync @gAit .� Page 74 of 136 City of Fort Lauderdale Bid 12525-312 2.34 Contract Period The initial contract term shall commence upon date of award by the City and shall expire two years from that date. The City reserves the right to extend the contract for two, additional one year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 180 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 2.35 Cost Adjustments Prices quoted shall be firm for the initial contract term of two year(s). No cost increases shall be accepted in this initial contract term. Please consider this when providing pricing for this request for proposal. Thereafter, any extensions which may be approved by the City shall be subject to the following: costs for any extension terms shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) as published by the Bureau of Labor Statistics, U.S. Dep't. of Labor and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending 12/31, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. 2.36 Service Test Period If the Contractor has not previously performed the services to the city, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements of the contact, and to the City's satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor (if applicable). 2.37 Contract Coordinator The City may designate a Contract Coordinator whose principal duties shall be: Cay 21-067 41 0 74 8/8/2021 2:13 PM BidSync @gAit .�� Page 75 of 136 City of Fort Lauderdale Bid 12525-312 Liaison with Contractor. Coordinate and approve all work under the contract. Resolve any disputes. Assure consistency and quality of Contractor's performance. Schedule and conduct Contractor performance evaluations and document findings. Review and approve for payment all invoices for work performed or items delivered. 2.38 Contractor Performance Reviews and Ratings The City Contract Coordinator may develop a Contractor performance evaluation report. This report shall be used to periodically review and rate the Contractor's performance under the contract with performance rating as follows: Excellent Far exceeds requirements. Good Exceeds requirements Fair Just meets requirements. Poor Does not meet all requirements and contractor is subject to penalty provisions under the contact. Non-compliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Contractor subject to the default or cancellation for cause provisions of the contract. The report shall also list all discrepancies found during the review period. The Contractor shall be provided with a copy of the report and may respond in writing if he takes exception to the report or wishes to comment on the report. Contractor performance reviews and subsequent reports will be used in determining the suitability of contract extension. 2.39 Substitution of Personnel- N/A 2.40 Ownership of Work- N/A 2.41 Condition of Trade -In Equipment- N/A 2.42 Conditions of Trade -In Shipment and Purchase Payment- N/A 2.43 Verification of Employment Status Any Contractor/Consultant assigned to perform responsibilities under its contract with a State agency is required to utilize the US Department of Homeland Security's E -Verify system (per Executive Order Number 11-02) to verify the employment eligibility of: (a) all persons employed during the contract term by the Contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the contract with the State agency. E -VERIFY Affirmation Statement (Attachment " ") should be completed and submitted with Proposer's response to this ITB. 2.44 Service Organization Controls The Contactor should provide a current SSAE 18, SOC 2, Type I report with their proposal. Awarded Contractor will be required to provide an SSAE 18, SOC 2, Type II report annually during the term of this contract. If the Contractor cannot provide the SSAE 18, SOC 2, Type I report at time of proposal submittal, a current SOC 3 report will be accepted. Cay 21-067 42 0 74 8/8/2021 2:13 PM BidSync @ggit .�� Page 76 of 136 City of Fort Lauderdale Bid 12525-312 2.45 Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 2.46 Rules and Submittals of Bids The signer of the bid must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the bid is made without collusion with any other person(s), company or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the bid has full authority to bind the principal bidder. 2.47 Bid Tabulations/Intent to Award Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process may be found at: http:Hwww. rtlauderdale.gov/departments/finance/ rocurement®services/notices® of®intent-to®award. Tabulations of receipt of those parties responding to a formal solicitation may be found at: http://www.fortlauderdale.gov/departments/finance/procurement®services/bid® results, or any interested party may call the Procurement Services Division at 954-828-5933. 2.48 Public Records All bids will become the property of the City. The Bidder's response to the ITB is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this ITB and any resulting Contract to be executed for this ITB, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Bidder's response to the ITB purporting to require confidentiality of any portion of the Bidder's response to the ITB, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's response to the ITB constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 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 PRRCONTRACTCdFORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. Cay 21-067 43 0 74 8/8/2021 2:13 PM BidSync @ggit .�� Page 77 of 136 City of Fort Lauderdale Contractor shall: 1. Keep and maintain public records required by the City in order to perform the service. Bid 12525-312 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2017), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of 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 this 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 this 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. 2.49 PCI (Payment Card Industry) Compliance Contractor agrees to comply with all applicable state, federal and international laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding and destruction of protected information. Contractor and/or any subcontractor that handles credit card data must be, and remain, PCI compliant under the current standards and will provide documentation confirming compliance upon request by the City of Fort Lauderdale, failure to produce documentation could result in termination of the contract. END OF SECTION Cay 21-067 44 0 74 8/8/2021 2:13 PM BidSync @gAit .�� Page 78 of 136 City of Fort Lauderdale Bid 12525-312 SECTION III - TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES 1. SCOPE The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (COOP) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. 2. SPECIFICATIONS AND REQUIREMENTS Product specifications'(as per ANSI/AWWA B300 standard for Hypochlorite latest revision): • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOCI • Specific gravity: at 20C -U -1,2 • Molecular weight 7 4.5 • Appearance: Light -yellow to green clear liquid solution Solubility in water: Complete • Freezing Temperature: minus 7C to minus 10C 12% Solution Strength and pH range of 11 to 13 3. Standards Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects, It is the responsibility of the Contractor to inform the participating agency that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification may constitute sufficient grounds for immediate termination of the contract between the participating agency and the Contractor. Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter (GPL) available chlorine (i.e., 12.0 Trade Percent). Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide. Sampling and testing shall be in accordance with EPA and AWWA B300 standards and NSF certification must be provided with every delivery. 4. Clean Tank Guarantee At any time during the performance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity Cay 21-067 45 0 74 8/8/2021 2:13 PM BidSync @gAit .�� Page 79 of 136 City of Fort Lauderdale Bid 12525-312 buildup in the tanks will be at the sole discretion of the participating agency. When the tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to the participating agency. Failure of the Contractor to clean out the tank and replace the sodium hypochlorite within seven (7) days after being served notice (or within any extension of this timeframe specified by the participating agency) shall be cause for immediate termination of the sodium hypochlorite supply Agreement between the participating agency and the Contractor. 5. DELIVERY LOCATIONS, SIZE OF TANKS AND ESTIMATED ANNUAL USAGE FOR EACH PARTICIPATING AGENCY. 6. SODIUM HYPOCHLORITE- TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR 4,265,500 Two-year Co-op estimated usage : 8,531,000 gallons. SODIUM HYPOCHLORITE- LESS THAN A TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR 100,000 Two-year Co -Op estimated usage: 200,000 gallons. Cay 21-067 46 0 74 8/8/2021 2:13 PM BidSync @gAit .�� Page 80 of 136 Number Estimated Agency/ Delivery Location of Tank Size (Gal) Annual Usage Special Note Tanks Gallons City of Fort Lauderdale 3 11,459 170,000 1500 South State Road 7 Fort Lauderdale, FL 33317 City of Cooper City 4 3,000 58,000 11791 SW 49 Street Cooper City, FL 33330 City of Coral Springs 2 8,000 200,000 2" male, plastic Cam - 3800 NW 85th Avenue lock tank fitting Coral Springs, FL 33065 City of Dania Beach 3 1,500 50,000 Plastic cam lock tank 1201 Stirling Road fitting Dania Beach, FL 33004 City of Deerfield Beach 1 6,000 50,000 2" male Cam lock tank 290 Goolsby Blvd fitting Deerfield Beach, FL 33444 Cay 21-067 46 0 74 8/8/2021 2:13 PM BidSync @gAit .�� Page 80 of 136 City of Fort Lauderdale Bid 12525-312 City of Delray Beach 2 10,000 360,000 2" cam lock tank fittings 200 SW 6th Street Delray Beach, FL 33444 20,000 less than tanker load City of Hallandale Beach 3 2,500 150,000 2" Cam Lock Male PVC 630 NW 2 Street Fitting for tank Hallandale Beach, FL 33009 80,000 Less than tanker load Coral Springs Improvement 3 5,925 106,000 2" cam lock female tank District fitting. 10300 NW 11 th Manor Coral Springs, FL 33071 Requires full safety gear when offloading chemicals. Broward County Water and Wastewater Services 3701 North State Road 7 4 7,300 365,000 2" (poly) cam lock tank Lauderdale Lakes, FL 33316 fitting 3598 West Prospect Road 2 450 10,500 Fort Lauderdale, FL 33309 Partial loads to stations 3901 NW 66th Street 2 250 Fort Lauderdale, FL 300 NW 66th Street 2 450 Fort Lauderdale, FL 33309 1390 NE 50th Street 6 14,000 720,000 Pompano Beach, FL 33064 4980 SW 40th Avenue 2 500 Dania Beach, FL 33312 51,000 These will be 4550 SW 38th Street 1 350 West Park, FL 33023 partial loads to stations 3B, 1369, 1600 South Park Road 2 450 Hollywood, FL 33021 1368 and 3C 1751 SW 57th Avenue 2 450 Hollywood, FL 33023 2400 SW 67th Avenue 1 1,100 Miramar, FL 33023 2401 North Powerline Road 1 2,000 800,000 Pompano Beach, FL 33069 1 5,000 6 6,000 Cay 21-067 47 0 74 8/8/2021 2:13 PM BidSync @gAit .�� Page 81 of 136 City of Fort Lauderdale Bid 12525-312 City of Boynton Beach 5469 W Boynton Beach Blvd 2 21,000 520,000 3" cam lock male tank Boynton Beach, FL 33437 fitting 1620 South Seacrest Blvd 1 21,000 3" cam lock male tank Boynton Beach, FL 33435 fitting City of Hollywood 3441 Hollywood Blvd 7 10,000 600,000 2" Cam lock fitting Hollywood, FL 33021 offload hose for tank 2400 N 68th Avenue 2 500 Hollywood, FL 33024 City of Margate 980 NW 66th Avenue 2 7,000 25,000 2" Bonjo female tank Margate, FL 33063 fitting 6630 NW 9th Street 2 8,100 30,000 2" PVC Cam lock male Margate, FL 33063 1 3,000 tank fitting END OF SECTION Cay 21-067 48 0 74 8/8/2021 2:13 PM BidSync @gAit .�� Page 82 of 136 City of Fort Lauderdale Bid 12525-312 CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions and conditions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB) Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB), Request for Qualifications (RFQ), and Request for Proposal (RFP) are interchangeable. PART I BIDDER PROPOSAL PAGES) CONDITIONS: 1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service, BidSync. Notices of Invitations to Bid (ITB' S) are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed (if applicable) to every vendor on those lists, who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents. There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different address, please so indicate on your invoice. 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will be assumed that the product or service fully complies with the City's terms, conditions, and specifications. By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is declared by the City as conditional. 1.08 NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or any other reason, in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and time, indicated in this ITB, may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB. 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Small Business Enterprises (SBE) in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise (MBE) "A Minority Business" is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group members or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United States who include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. Women Business Enterprise (WBE) a "Women Owned or Controlled Business" is a business enterprise at least 51 percent of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by females. Small Business Enterprise (SBE) "Small Business" means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit, which is independently owned and operated, has either fewer than 100 employees or less than $1,000,000 in annual gross receipts. BLACK, which includes persons having origins in any of the Black racial groups of Africa. c 21-067 E5/8/2021, P� /ffi/2021 2:13 PM BidSync @it49 0 t.�J 74 Page 83 of 136 City of Fort Lauderdale Bid 12525-312 WHITE, which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin, regardless of race. NATIVE AMERICAN, which includes persons whose origins are American Indians, Eskimos, Aleuts, or Native Hawaiians. ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. 1.10 MINORITY -WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority (MBE) and women -owned (WBE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation in their proposal, those firms, and their specific duties have to be identified in the proposal. If a proposer is considered for award, he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract. 1.11 SCRUTINIZED COMPANIES As to any contract for goods or services of $1 million or more and as to the renewal of any contract for goods or services of $1 million or more, subject to Odebrecht Construction, Inc., r.. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., r.. Secretary, Florida Department of Transportation, 715 EM 1268 (11th Cir. 2013), with regard to the "Cuba Amendment," the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria, as provided in section 287.135, Florida Statutes (2019), as may be amended or revised. As to any contract for goods or services of any amount and as to the renewal of any contract for goods or services of any amount, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2019), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2019), as may be amended or revised, 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 the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2019), or is engaged in a boycott of Israel, or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2019), as may be amended or revised. Rev. 2/2020 Page 1 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: INVITATION TO BID (ITB) The solicitation document used for soliciting competitive sealed bids for goods or services. INVITATION TO NEGOTIATE (ITN) All solicitation documents, regardless of medium, whether attached to or incorporated by reference in solicitations for responses from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the firm(s) determined most capable of providing the required goods or services. REQUEST FOR PROPOSALS (RFP) A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or services for which price may not be the prevailing factor in award of the contract, or the scope of work, specifications or contract terms and conditions may be difficult to define. Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weighted evaluation criteria. RFPs may include price criteria whenever feasible, at the discretion of the city. REQUEST FOR QUALIFICATIONS (RFQ) A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer for professional services. BID — a price and terms quote received in response to an ITB. PROPOSAL — a proposal received in response to an RFP. BIDDER — Person or firm submitting a Bid. PROPOSER — Person or firm submitting a Proposal. RESPONSIVE BIDDER — A firm who has submitted a bid, offer, quote, or response which conforms in all material respects to the competitive solicitation document and all of its requirements. RESPONSIBLE BIDDER — A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract. The respondent must possess the full capability, including financial and technical, ability, business judgment, experience, qualifications, facilities, equipment, integrity, capability, and reliability, in all respects to perform fully the contract requirements and assure good faith performance as determined by the city. FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the evaluation criteria contained in the RFP. SELLER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR — Any firm having a contract with the city. Also referred to as a "Vendor". CONTRACT — All types of agreements, including purchase orders, for procurement of supplies, services, and construction, regardless of what these agreements may be called. CONSULTANT — A firm providing professional services for the city. c 21-067 E5/8/2021, P� /ffi/2021 2:13 PM BidSync @it50 0 t.�4 74 Page 84 of 136 City of Fort Lauderdale Bid 12525-312 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed, typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission (FAX) if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is 59-6000319, and State Sales tax exemption number is 85-80138755780-1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB, for questions of a material nature, or prior to five (5) days before bid due and open date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders. 3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. Rev. 2/2020 Page 2 3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environrnental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. c 21-067 13/8/2021, P� /ffi/2021 2:13 PM BidSync @it51 0 t.�174 Page 85 of 136 City of Fort Lauderdale Bid 12525-312 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts, if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashier's check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. In addition, the proposer agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as exempt from disclosure or confidential. Proposals bearing copyright symbols or otherwise purporting to be subject to copyright protection in full or in part may be rejected. The proposer authorizes the City to publish, copy, and reproduce any and all documents submitted to the City bearing copyright symbols or otherwise purporting to be subject to copyright protection. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re -bid, at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.19 BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law may protest to the chief procurement officer, by delivering a letter of protest to the director of finance within five (5) days after a notice of intent to award is posted on the city's web site at the following url: https://www.fortlauderdale.gov/departments/finance/procurement-services/notices- of-intent-to-award The complete protest ordinance may be found on the city's web site at the following url: https://library.municode.com/fl/fort lauderdale/codes/code_of ordinances? nodeid=coor_ch2ad_artvfi_div2pr_s2-182direpr PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as surety for faithful c 21-067 E5/8/2021, P� /ffi/2021 2:13 PM BidSync @it52 0 t.�J 74 Page 86 of 136 City of Fort Lauderdale Bid 12525-312 performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. Rev. 2/2020 Page 3 4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractor's insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 COMPLIANCE WITH SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in: Bidder's name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended. 5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100% asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors. 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violations of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder. 5.09 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of c 21-067 E5/8/2021, P� /ffi/2021 2:13 PM BidSync @it53 0 t.�3 74 Page 87 of 136 City of Fort Lauderdale Bid 12525-312 the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in the City's best interest as determined by the City, to cancel any contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or the City Auditor's designee, during normal business hours and in Broward, Miami -Dade or Palm Beach Counties, all books of account, reports, and records relating to this contract. The Contractor shall retain all books of account, reports, and records relating to this contract for the duration of the contract and for three years after the final payment under this Agreement, until all pending audits, investigations or litigation matters relating to the contract are closed, or until expiration of the records retention period prescribed by Florida law or the records retention schedules adopted by the Division of Library and Information Services of the Florida Department of State, whichever is later. 5.13 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his/her/its own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.14 LAW S/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract. NON-DISCRIMINATION: The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color, national origin, age, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, marital status, or any other protected classification as defined by applicable law. 1. The Contractor certifies and represents that the Contractor will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, (2019), as may be amended or revised, ("Section 2-187"), during the entire term of this Agreement. 2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale, Florida. Rev. 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor's cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non -adjusted) cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable, the Contractor must first register with the Florida Department of State in accordance with Florida Statutes, prior to entering into a contract with the City. 5.17 PATENTS AND ROYALTIES: The Contractor, without exception, shall defend, indemnify, and hold harmless the City and the City's employees, officers, employees, volunteers, and agents from and against liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the contract, including their use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. c 21-067 13/8/2021, P� /ffi/2021 2:13 PM BidSync @it54 0 t.�J 74 Page 88 of 136 City of Fort Lauderdale Bid 12525-312 5.18 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original award approval. 5.19 GOVERNING LAW; VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of the Contract, and for any other legal proceeding, shall be in the courts in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida. 5.20 PUBLIC RECORDS: 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. Contractor shall comply with public records laws, and Contractor shall: 1. Keep and maintain public records required by the City to perform the service 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2019), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of 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. Rev. 2/2020 Page 5 c 21-067 E5/8/2021, P� /ffi/2021 2:13 PM BidSync @it55 0 t.�j 74 Page 89 of 136 City of Fort Lauderdale Bid 12525-312 NON -COLLUSION STATEMENT: By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. accordance wren crcv or tort Lauaeraaie, rL roucv ana standards ivianuai, b.-iu 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships e ist. _. Bid Coordinator Autf7or¢;Signature Title Cristhianne Munguia 6/8/21 Name (Printed) Date c 21-067 E5/8/2021, P� /ffi/2021 2:13 PM BidSync @it56 0 t.�J 74 Page 90 of 136 City of Fort Lauderdale Bid 12525-312 CONTRACT PAYMENT METHOD The City of Fort Lauderdale has implemented a Procurement Card (P -Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to credit card payments via MasterCard or Visa as part of this program. This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast and safely. No more waiting for checks to be printed and mailed. In accordance with the contract, payments on this contract will be made utilizing the City's P -Card (MasterCard or Visa). Accordingly, bidders must presently have the ability to accept these credit cards or take whatever steps necessary to implement acceptance of a card before the start of the contract term, or contract award by the City. All costs associated with the Contractor's participation in this purchasing program shall be borne by the Contractor. The City reserves the right to revise this program as necessary. By signing below you agree with these terms. Please indicate which credit card payment you prefer: MasterCard VVisa Allied Universal Corporation Company Name Cristhianne Munguia Name (Printed) 6/8/21 Date signature Bid Coordinator Title Cay 21-067 57 0 74 8/8/2021 2:13 PM BidSync @gAit � Page 91 of 136 City of Fort Lauderdale BID/PROPOSAL CERTIFICATION Bid 12525-312 Please Note: It is the sole responsibility of the bidder to ensure that his bid is submitted electronically through www.BidSync.com prior to the bid opening date and time listed. Paper bid submittals will not be accepted. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute §607.1501 (visit http://www. dos. state.f1.us/). Company: (Legal Registration) Allied Universal COrporatoin EIN (Optional): Address: 3901 NW 115 Avenue City: Miami State: FL zip: 33178 Telephone No.: 305-888-2623 FAX No.: 786-522-0215 Email: Bids@Allieduniversal.com Ext_ 0125 Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): 14 Total Bid Discount (section 1.05 of General Conditions): N/A Check box if your firm qualifies for MBE / SBE / WBE (section 1.09 of General Conditions): .l ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued 6/11/21 VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. You must also click the "Take Exception" button. N/A i The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, ca�y� 21-067 13/8/2021/2021 2:13 PM BidSync @it58 0 t.�J 74 Page 92 of 136 City of Fort Lauderdale Bid 12525-312 expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars ($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Cris hianne nted Si Munguia iia~ Name(printed) g ture 6/23/21 Bid Coordinator Date Title Revised 4/28/2020 ca�y� 21-067 E5/8/2021/2021 2:13 PM BidSync @it59 0 t.11 74 Page 93 of 136 City of Fort Lauderdale Question and Answers for Bid #12525-312 - Sodium Hypochlorite (CO-OP) There are no questions associated with this bid. Bid 12525-312 CV 21-067 �60 ot74 E5/8/2021 2:13 PM BidSync @gAi;14 1 . Page 94 of 136 City of Fort Lauderdale 12525-312 .. `1 Corporate Office 3901 NW 115 Avenue Ad= Miami, Florida 33178 305-888-2623 office M., IED UNIVERSAL CORPORATION 305-463-8369 fax X-1111111-11.1 ay' RESOLVED that Cristhianne Munguia, Bid Coordinator for Allied Universal Corporation, be authorized to sign and submit the Contract of this corporation for the following project: Supply and Delivery of Sodium Hypochlorite to the City Ft. Lauderdale. This bid or proposal shall include any other certificate of certification, which may be required by general municipal, state, or federal law(s). Such inclusion shall be the act and deed of this corporation, and for any inaccuracies or misstatements in such certificates or certifications this corporate bidder shall be liable under the penalties of perjury. The foregoing is a true and correct copy of the resolution adopted by Allied Universal Corporation at the meeting of its Board of Directors held on the 14th day of December 2020. (Seal of Corpqr ion) SEAL 1977 A-4ORIDA 8350 NW 93 Street Miami, Florida 33166 AUC - 305-888-2623 9501 Rangeline Road Ft. Pierce, Florida 34987 AUC - 772-464-6195 Go. - Jim President - CEO 5215 W. Tyson Avenue Tampa, Florida 33611 CFI -813-832-4868 7/1/2021 30 Neil Gunn Drive 204 SCM Road BidSync 9545 Rangeline Road 14770 Old Saint Augustine Road Jacksonville, FL 32207 AUC - 904-619-6180 CANA 21-067 2815 Inland It . 61 0.� 74 Page 95 of 136 City of Fort Lauderdale 12525-312 i orporaie r`)ffice 3901 NW 115 Avenue Miami, Florida 33166 Ft. Pierce, Florida 34987 Tampa, Florida 33611 Miami, Florida 33178 305-888-2623 office AU.I"UNIVERSAL CORPORATION 305-463-8369 fax MOMM=3M AUC - 904-619-6180 30 Neil Gunn Drive 204 SCM Road 9545 Rangeline Road 2815 Inland Transport St. REFERENCES SODIUM HYPOCHLORITE MIAMI DADE WATER & SEWER 700 WEST 2"° AVE. HIALEAH, FL 33011 ,ION HANSEN 786-236-7625/ CELL 305-805-1620 FAX ,ION. HANSEN@MIAMIDADE.GOV CITY OF NEW PORT RICHEY 4730 N. MAIN STREET NEW PORT RICHEY, FL 34652 ROGER GODDWIN OPERATIONS MANAGER 727-841-4568 GOODWINR@CITYOFNEWPORTRICHEY.ORG CITY OF FT. MYERS HEATH LAUFENBERG PLANT SUPERINTENDENT 1501 RALEIGH STREET FORT MYERS, FL 33902 239-321-7574 HLAUFENBERG@CITYFTMYERS.COM CITY OF SUNRISE 14100 SW 8 STREET SUNRISE, FL 33325 DOUGH KERWIN CHIEF OPERATOR OF UTILITIES ADMINISTRATION 954-846-7400 DKERWIN(i�SUNRISEFL.GOV 8350 NW 93 Street 9501 Rangeline Road 5215 W. Tyson Avenue 14770 Old Saint Augustine Roac Miami, Florida 33166 Ft. Pierce, Florida 34987 Tampa, Florida 33611 Jacksonville, FL 32207 AUC - 305-888-2623 AUC - 772-464-6195 CFI - 813-832-4868 AUC - 904-619-6180 30 Neil Gunn Drive 204 SCM Road 9545 Rangeline Road 2815 Inland Transport St. Ellisville, MS 39437 Brunswick, GA 31525 Ft. Pierce, Florida 34987 PalmEt kyfilli,$ 221 7/1/2021 AUC - 601-477-2550 AUC - 912-267-9470 BidSync ANT 1 - 772-464-6195 ANT 2 @gji;lp62 ot.�174 Page 96 of 136 City of Fort Lauderdale Company ID Number: 122833 This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and Allied Universal CgLgftration (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E -Verify), E -Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form (Fon-n 1-9) has been completed. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIPA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). "12RAKOZ 101 pilly X1114 I . Upon completion of the Form 1-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E - Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).. 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�63 ot.�J 74 Page 97 of 136 City of Fort Lauderdale Company ID Number: 122833 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. 3�5!11111i� 1, Upon completion of the Form 1-9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E -Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: • Automated verification checks on newly hired alien employees by electronic means, and • Photo verification checks (when available) on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 1 DHS agrees to provide to the Employer a manual (the E -Verify Manual) containing instructions on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E -Verify.. DHS agrees to provide training materials on E -Verify, 4. DHS agrees to provide to the Employer a notice, which indicates the Employees participation in the E -Verify program, DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, and U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that pen -nits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such infori-nation to individuals responsible for the verification of alien employment eligibility and for evaluation of the E -Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws, and to ensure accurate wage reports to the SSA. 7. DHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�64 ot.�j 74 Page 98 of 136 City of Fort Lauderdale Company ID Number: 122833 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E -Verify. The Employer agrees to become familiar with and comply with the E -Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The employer agrees that all employer representatives will take the refresher tutorials initiated by the E -Verify program as a condition of continued use of E - Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. S. The Employer agrees to comply with established Form 1-9 procedures, with two exceptions. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2 (b) (1) (13)) can be presented during the Form 1-9 process to establish identity). If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E -Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph S above-, (2) a 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�65 ot.�j 74 Page 99 of 136 City of Fort Lauderdale Company ID Number: 122833 rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E -Verify ; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfin-nation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E -Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E -Verify verification procedures within 3 Employer business days after each employee has been hired (but after both sections I and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E -Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been given. 8. The Employer agrees not to use E -Verify procedures for pre-employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU, The Employer must use E -Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E -Verify procedures for re - verification, or for employees hired before the date this MOO is in effect, The Employer understands that if the Employer uses E -Verify procedures for any purpose other than as authorized by this MOO, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MO,U. 9. The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when P , employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1 (1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation, or the finding of 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�66 ot.�J 74 Page 100 of 136 City of Fort Lauderdale Company ID Number: 122833 a photo non -match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized. In any of the cases listed above, the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 2748 of the MA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E -Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign", and premature termination of employees based upon tentative nonconfirmations, and that any violation of the unfair immigration -related employment practices provisions of the IN r A could subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E - Verify. If the Employer has any questions relating to the anti -discrimination provision, it should. contact OSC at 1-800-255-7688 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E -Verify and this MOU only to confirm the employment eligibility of newly -hired employees after completion of the Form 1-9. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (i) (1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. is. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E -Verify -related records, i.e., Forms 1-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E -Verify Program. In addition, for the purpose of evaluating E -Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to interview it regarding its experience with E -Verify, to interview employees hired during E -Verify use concerning their experience with the pilot, and to make employment and E -Verify related records available to DHS and the SSA, or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E -Verify. 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�67 ot.�J 74 Page 101 of 136 Company ID Number: 122833 City of Fort Lauderdale pairs] REFERRAL OF ?A DLY I HOMELAND SECURITY �'Llllll NIXWW"I RMA 1111JUNK 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E -Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation, or final nonconfirmation, unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) Or other written verification of the Social Security Number from the SSA. 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether fie or she will contest the tentative nonconfirmation. 1 If the Employer finds a photo non -match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding, 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�68 0t.�3 74 Page 102 of 136 City of Fort Lauderdale Company ID Number: 122833 the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DIS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll-free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form I- 766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non -match. ARTICLE IV M w � The SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E -Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes, DHS agrees to train employers on all changes made to E -Verify through the use of mandatory refresher tutorials and updates to the E -Verify manual. Even 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�69 0t.13 74 Page 103 of 136 City of Fort Lauderdale Company ID Number: 122833 without changes to E -Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DIIS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine.. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of TIRTRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E -Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E -Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act (FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -"Verify Operations at 888-464- 4218. Employer Allied Universal Corporation Andrea L Smith Name (Please type or print) Title Electronically Signed 05/28/2008 Signature Date Department of Homeland Security — Verification Division 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�70 0t.11 74 Page 104 of 136 Company ID Number: 122833 'SUIS Verification Division Name (Please type or print) City of Fort Lauderdale Title Electronically Signed 05/28/2008 . . . . . ...... Signature Date 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�71 0t.1174 Page 105 of 136 City of Fort Lauderdale Company ID Number: 122833 INFORMATION REQUIRED WAP *IAL"I'd Information relating to your Company: Company Name: Allied Universal Corporation Company Facility Address: 3901 NW 115 Avenue Miami, FL 33178 Company Alternate Address: 3901 NW 115 Avenue Miami, FL 33178 County or Parish: MIAMI-DADE Employer Identification Number: 590776285 North American Industry Classification Systems Code: Parent Company:. Number of Employees: 325 1 100 to 499 Number of Sites Verified for: 8 Are you verifying for more than I site? If yes, please provide the number of sites verified for in each State. * MISSISSIPPI I sites) * FLORIDA 4 site(s) * ARKANSAS I Sitc(s) * GEORGIA 2 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Tawana Houston Telephone Number: (305) 888 - 2623 ext. 131 E-mail Address: TawanaH@aliieduniverial.com Name: Irene Ham Telephone Numben (305) 888 - 2623 ext. 148 E-mail Address: treneH@allieduniversal.com Name: Andrea 1, Smith Fax Number: (305) 392 - 5732 Fax Number: (305) 39'2 - 5732 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�72 0t.11 74 Page 106 of 136 City of Fort Lauderdale Company ID Number: 122833 Telephone Number: (305) 888 - 2623 ext, 124 Fax Number: (305) 392 - 5732 E-mail Address: AndreaS*,allieduniversal.com 12525-312 CANA 21-067 7/1/2021 BidSync , P@ggi;1�73 0t.11 74 Page 107 of 136 City of Fort Lauderdale 12525-312 . IAL91EDUNIVERSALCORPO Corporate Oice 3901 NYS 115 Avenue Miami, Florida 33178 305-888-2623 office TION 305-463-8369 fax AFFIDAVIT This is to certify that as required, all Sodium Hypochlorite solution to be furnished to City of Ft. Lauderdale will comply with the AWWA B300 Standards and ANSI/NSF standard 60 or as may be amended. STATE OF FLORIDA COUNTY OF: Miami -Dade Sworn to (or affirmed) and Subscribed before me. By means of Q physical presence or ❑online notarization. This 23rd day,of june,,29�tv By. Crlsthi nne I" unguia Bid Coordinator (Notary Seal) Signature of Notary Public. Print or Type Name of Notary Personally Known Q Or Produced Identification ❑ Type of Identification Produced 8350 NW 93 Street 9501 Rangeline Road IU °uu UIQ 5215 W. Tyson Avenue 14770 Old Saint Augustine Roac Miami, Florida 33166 Ft. Pierce, Florida 34987 Tampa, Florida 33611 Jacksonville, FL 32207 AUC - 305-888-2623 AUC - 772-464-6195 CFI - 813-832-4868 AUC - 904-619-6180 30 Neil Gunn Drive 204 SCM Road 9545 Rangeline Road 2815 Inland Transport St. Ellisville, MS 39437 Brunswick, GA 31525 Ft. Pierce, Florida 34987 Palm lkAidXT 7/1/2021 AUC - 601-477-2550 AUC - 912-267-9470 BidSync ANT 1 - 772-464-6195 AN. 2 r ?9jit1P/4 ot.151 74 Page 108 of 136 6/18/2021 Listi6a#Pz1 Fgd*&m1ffnftaRage I NSF International 12525-312 The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Friday, June 18, 2021 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: http_/ /info.nsf.org/Certified/PwsChemicals/Listings.asp? CompanyName=Allied+Universal+Corporation&ChemicalName= Sodium+Hy-pochlorite& NSF/ANSI/CAN 6o Drinking Water Treatment Chemicals - Health Effects Allied Universal Corporation 3901 Northwest 115th Avenue Miami, FL 33178 United States 800-981-6700 305-888-2623 Visit this company's website fhttp://www.allieduniversal.com). Facility: # 2 Jacksonville, Florida Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Chlorine Disinfection & Oxidation loomg/L By Weight Aqua Guard Sodium Hypochlorite 10.5% Disinfection & Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5% By Weight Disinfection & Oxidation loomg/L Sodium Hypochlorite Disinfection & Oxidation loomg/L Sodium Hypochlorite 10.5% Chlorine By Weight Disinfection & Oxidation loomg/L CV �§ 76i7org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Usld�rWtC+Corporation&TradeName=&ChemicalName=Sodiu t# dri e...ot.�174 Page 109 of 136 6/18/2021 Listi6a#Pz1 Fgd*&m1ffnffaRage I NSF International 12525-312 [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Fort Pierce, FL Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Chlorine Disinfection & Oxidation loomg/L By Weight Aqua Guard Sodium Hypochlorite 10.5% Disinfection & Oxidation loo mg/L Aqua Guard Sodium Hypochlorite 10.5% By Weight Disinfection & Oxidation loomg/L Sodium Hypochlorite Disinfection & Oxidation loomg/L Sodium Hypochlorite 10.5% Chlorine By Weight Disinfection & Oxidation loomg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. [AL] Based on an evaluation of health effects data, the level of aluminum in the finished drinking water shall not exceed 2 mg/L. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Miami, FL Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Chlorinating Sanitizer 10.5% Chlorine Disinfection & Oxidation 1oomg/L By Weight Sodium Hypochlorite 10.5% Chlorine By Weight Disinfection & Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5% By Weight Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection & Oxidation loomg/L cP, �§ °t.1174 76ti' Torg/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+UsIO&W t6+Corporation&TradeName=&ChemicalName=Sodiu t# dri e... Page 110 of 136 6/18/2021 Listi6a#Pz1 Fgd*&m1ffnffaRage I NSF International 12525-312 Aqua Guard Sodium Hypochlorite 10.5% Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer Disinfection & Oxidation loomg/L Sodium Hypochlorite Disinfection & Oxidation loomg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Tampa, FL Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection & Oxidation 84 mg/L Aqua Guard Chlorinating Sanitizer 10.5% Chlorine Disinfection & Oxidation loomg/L By Weight Sodium Hypochlorite 10.5% Chlorine By Weight Disinfection & Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5% By Weight Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer 10.5% Disinfection & Oxidation loomg/L Aqua Guard Sodium Hypochlorite 10.5% Disinfection & Oxidation loomg/L Aqua Guard Chlorinating Sanitizer Disinfection & Oxidation loomg/L Sodium Hypochlorite Disinfection & Oxidation loomg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Brunswick, GA Sodium Hypochlorite[CL] Trade Designation Product Function Max Use Aqua Guard Bleach Disinfection & Oxidation 74mg/L Aqua Guard Bleach 12.5% Disinfection & Oxidation 74mg/L cP� �j °t.jJ 74 76ti' Torg/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+UsIO&W t6+Corporation&TradeName=&ChemicalName=Sodiu t# dri e... Page 111 of 136 6/18/2021 Listi6a#Pz1 Fgd*&m1ffnffaRage I NSF International 12525-312 Aqua Guard Chlorinating Sanitizer Aqua Guard Chlorinating Sanitizer 10.5% Aqua Guard Sodium Hypochlorite 10.5% Aqua Guard Sodium Hypochlorite 12.5% Sodium Hypochlorite 10.5% Sodium Hypochlorite 12.5% Disinfection & Oxidation 87mg/L Disinfection & Oxidation 87mg/L Disinfection & Oxidation 87mg/L Disinfection & Oxidation 74mg/L Disinfection & Oxidation 87mg/L Disinfection & Oxidation 74mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Facility: Ellisville, MS Sodium Hypochlorite[CL] Trade Designation Aqua Guard Bleach Aqua Guard Bleach 12.5% Aqua Guard Chlorinating Sanitizer Aqua Guard Chlorinating Sanitizer 10.5% Aqua Guard Sodium Hypochlorite 10.5% Aqua Guard Sodium Hypochlorite 12.5% Sodium Hypochlorite 10.5% Sodium Hypochlorite 12.5% Product Function Max Use Disinfection & Oxidation 84mg/L Disinfection & Oxidation 84mg/L Disinfection & Oxidation loomg/L Disinfection & Oxidation loomg/L Disinfection & Oxidation loomg/L Disinfection & Oxidation 84mg/L Disinfection & Oxidation loomg/L Disinfection & Oxidation 84mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Allied Universal Corporation 39o1 Northwest 115 Avenue Miami, FL 33178 CV �§ 76i7org/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+Usld�rWtC+Corporation&TradeName=&ChemicalName=Sodiu t# dri e...0t.13 74 Page 112 of 136 6/18/2021 Listi6#Pz1bFgd*&m1ffnffaRage I NSF International 12525-312 United States 305-888-2623 Visit this company's website (http_/ /www.allieduniversal.com) Facility: # 3 USA Sodium Hypochlorite[CL] Trade Designation Aqua Guard Bleach Aqua Guard Bleach 12.5 Aqua Guard Sodium Hypochlorite 12.5% Sodium Hypochlorite 12.5 Product Function Disinfection & Oxidation Disinfection & Oxidation Disinfection & Oxidation Disinfection & Oxidation Max Use 84mg/L 84mg/L 84mg/L 84mg/L [CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Number of matching Manufacturers is 2 Number of matching Products is 49 Processing time was o seconds c P �? 0t.j3 74 76ti' Torg/Certified/PwsChemicals/Listings.asp?CompanyName=Allied+UsIO&W t6+Corporation&TradeName=&ChemicalName=Sodiu t# dri e... Page 113 of 136 AALLIED av-r-a/rIVE'MAI. CORPORATION Est.bllsh,d 054 1. Identification Product identifier Other means of identification SDS number Synonyms Recommended use Recommended restrictions City of Fort Lauderdale 12525-312 SAFETY DATA SHEET Sodium Hypochlorite, 10-15% Solution AUC -004 Aqua Guard Chlorinating Santizier * Aqua Guard Bleach * Aqua Guard Sodium Hypochlorite 10.5% * Aqua Guard Sodium Hypochlorite 12.5% * Sodium Hypochlorite * Liquid Bleach * Bleach Hypo Swimming pool chemical, hard surface cleaner, water treatment, bleaching, textiles, cooling towers, laudry sanitizer and agricultural/ aquacultural purposes None known. Manufacturer/Importer/Supplier/Distributor information Manufacturer Company name Address Telephone Website E-mail Contact person Emergency phone number Supplier 2. Hazard(s) identification Physical hazards Health hazards Environmental hazards OSHA defined hazards Label elements Signal word Hazard statement Precautionary statement Prevention Allied Universal Corporation 3901 N.W. 115th Avenue Miami, FL 33178 United States General: 24 -Hour alert: www.allieduniversal.com Not available. Operations Department CHEMTREC Refer to Manufacturer 1-305-888-2623 1-786-522-0207 1-800-424-9300 (US/Canada) +01 703-527-3887 (International) Corrosive to metals Category 1 Skin corrosion/irritation Category 1 Serious eye damage/eye irritation Category 1 Specific target organ toxicity, single exposure Category 3 respiratory tract irritation This mixture does not meet the classification criteria according to OSHA HazCom 2012. This mixture does not meet the classification criteria according to OSHA HazCom 2012. P u 1 • Danger May be corrosive to metals. Causes severe skin burns and eye damage. Causes serious eye damage. May cause respiratory irritation. Keep only in original container. Do not breathe mist. Wash thoroughly after handling. Use only outdoors or in a well -ventilated area. Wear protective gloves/clothing and eye/face protection. Material name: Sodium Hypochlorite, 10-15% Solution SDS US AUC -004 Version #: 04 Issue date: 12-03-2020 CAVA 21-0671 10 7/1/2021 BidSync @ggit80 t.11 74 Page 114 of 136 City of Fort Lauderdale 12525-312 Response IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a POISON CENTER or doctor/physician. Specific treatment (see this label). Wash contaminated clothing before reuse. Storage Store locked up. Store in a well -ventilated place. Keep container tightly closed. Store in corrosive resistant container with a resistant inner liner. Disposal Dispose of contents/container in accordance with local/regional/national/international regulations. Hazard(s) not otherwise No OSHA defined hazard classes. classified (HNOC) Other hazards which do not result in classification: Contact with most acids may liberate and toxic gas. Chronic skin contact with low concentrations may cause dermatitis. Supplemental information None. 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number % Sodium Hypochlorite HYPOCHLORITE SOLUTION 7681-52-9 10-15.5 Sodium hydroxide Caustic soda 1310-73-2 1-5 Lye Soda lye Other components below reportable levels 80-90 *Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. 4. First-aid measures Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. If breathing stops, provide artificial respiration. Induce artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device. If breathing is difficult, trained personnel should give oxygen. Call a physician or poison control center immediately. Skin contact Immediately flush skin with running water for at least 20 minutes. Take off immediately all contaminated clothing. Take off immediately all contaminated clothing. Call a physician or poison control center immediately. Chemical burns must be treated by a physician. Wash contaminated clothing before reuse. Cover wound with sterile dressing. Do not rub area of contact. Leather and shoes that have been contaminated with the solution may need to be destroyed. Eye contact Immediately flush eyes with plenty of water for at least 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing for 10-15 minutes. Call a physician or poison control center immediately. Take care not to rinse contaminated water into the unaffected eye or onto the face. Ingestion Call a physician or poison control center immediately. Rinse mouth. If swallowed: Rinse mouth. Do NOT induce vomiting. Never give anything by mouth to a victim who is unconscious or is having convulsions. Do not induce vomiting. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Most important Corrosive to the eyes and may cause severe damage including blindness. Symptoms may include symptoms/effects, acute and stinging, tearing, redness, swelling, and blurred vision. Direct skin contact may cause corrosive delayed skin burns, deep ulcerations and possibly permanent scarring. Can cause severe respiratory irritation. Symptoms may include coughing, choking and wheezing. Inhalation could result in pulmonary edema (fluid accumulation). Symptoms of pulmonary edema (chest pain, shortness of breath) may be delayed. May cause severe irritation and corrosive damage in the mouth, throat and stomach. Symptoms may include abdominal pain, vomiting, burns, perforations, bleeding and eventually death. Indication of immediate Immediate medical attention is required. Causes chemical burns. Treat symptomatically. medical attention and special treatment needed General information Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. 5. Fire -fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2). Use media suitable to the surrounding fire such as water fog or fine spray, alcohol foams, carbon dioxide. Use water with caution. Contact with water will generate considerable heat. Material name: Sodium Hypochlorite, 10-15% Solution SDS US AUC -004 Version #: 04 Issue date: 12-03-2020 CAVA 21-0671 2/10 7/1/2021 BidSync @ggit t.1174 Page 115 of 136 City of Fort Lauderdale 12525-312 Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. Do not use dry chemical media extinguishing agents. Maleic anhydride may react with the basic sodium compounds. Use chemical extinguishing agents with caution. Some chemical extinguishing agents may react with this material. Specific hazards arising from Not considered flammable. Vapors are heavier than air and may spread along floors. Contact with the chemical most metals will generate flammable hydrogen gas. Contact with water will generate considerable heat. Reacts violently with a wide variety of organic and inorganic chemicals including alcohol, carbides, chlorates, picrates, nitrates and metals. Toxic fumes, gases or vapours may evolve on burning. Special protective equipment Firefighters should wear proper protective equipment and self-contained breathing apparatus with and precautions for firefighters full face piece operated in positive pressure mode. A full-body chemical resistant suit should be worn. Fire fighting Fight fire with normal precautions from a reasonable distance. Evacuate the area promptly. Move equipment/instructions containers from fire area if you can do so without risk. Use water spray to cool unopened containers. Do not allow run-off from fire fighting to enter drains or water courses. Dike for water control. Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards Vapors are heavier than air and may spread along floors. Hazardous combustion Hydrogen gas. Hydrogen chloride. Chlorine. Oxygen. Sodium oxides. products 6. Accidental release measures Personal precautions, Immediately evacuate personnel to safe areas. Keep unnecessary personnel away. Keep people protective equipment and away from and upwind of spill/leak. Keep out of low areas. Wear appropriate protective equipment emergency procedures and clothing during clean-up. Do not breathe mist or vapor. Do not touch damaged containers or spilled material unless wearing appropriate protective clothing. Ventilate closed spaces before entering them. Local authorities should be advised if significant spillages cannot be contained. For personal protection, see section 8 of the SDS. Methods and materials for Ventilate the area. Remove sources of ignition. Stop leak if you can do so without risk. Absorb containment and cleaning up spillage to prevent material damage. Use a non-combustible material like vermiculite, sand or earth to soak up the product and place into a container for later disposal. Use water spray to reduce vapors or divert vapor cloud drift. Prevent entry into waterways, sewer, basements or confined areas. Remove with vacuum trucks or pump to storage/salvage vessels. Contain and absorb spilled liquid with non-combustible, inert absorbent material (e.g. sand). Small spills can be neutralized by covering with a reducing agent, such as Sodium thiosulfate or Sodium sulphite. If not recoverable, dilute with water or flush to holding area and neutralize. Never return spills to original containers for re -use. Contact the proper local authorities. Contaminated absorbent material may pose the same hazards as the spilled product. For waste disposal, see Section 13. Environmental precautions Contact local authorities in case of spillage to drain/aquatic environment. Avoid discharge into drains, water courses or onto the ground. 7. Handling and storage Precautions for safe handling Use only outdoors or in a well -ventilated area. Wear protective gloves/clothing and eye/face protection. Label containers appropriately. When using, do not eat, drink or smoke. Do not taste or swallow. Do not get in eyes, on skin, on clothing. Wash thoroughly after handling. Observe good industrial hygiene practices. Conditions for safe storage, Store locked up. Storage area should be clearly identified, clear of obstruction and accessible only including any incompatibilities to trained and authorized personnel. Avoid ultraviolet (UV) light sources. Inspect periodically for damage or leaks. Store in corrosive resistant container with a resistant inner liner. Store in original tightly closed container. Keep container tightly closed. Store in a well -ventilated place. Store away from and do not mix with incompatible materials such as acids, oxidizers, organics, reducing agents and all metals except titanium. Keep away from food, drink and animal feedingstuffs. 8. Exposure controls/personal protection Occupational exposure limits US. OSHA Table Z-1 Limits for Air Contaminants (29 CFR 1910.1000) Components Type Value Sodium hydroxide (CAS 1310-73-2) Material name: Sodium Hypochlorite, 10-15% Solution AUC -004 Version #: 04 Issue date: 12-03-2020 INANWIN I PEL 2 mg/m3 SDS US CANA P� 21-067 10 BidSync @it �82 o t.11 74 Page 116 of 136 City of Fort Lauderdale 12525-312 US. ACGIH Threshold Limit Values Components Type Value Sodium hydroxide (CAS Ceiling 2 mg/m3 1310-73-2) US. NIOSH: Pocket Guide to Chemical Hazards Components Type Value Sodium hydroxide (CAS Ceiling 2 mg/m3 1310-73-2) CAVA 21-06,� 83 10 @ggit t.11 74 US. Workplace Environmental Exposure Level (WEEL) Guides Components Type Value SODIUM HYPOCHLORITE STEL 2 mg/m3 (CAS 7681-52-9) Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Good general ventilation (typically 10 air changes per hour) should be used. Ventilation rates controls should be matched to conditions. If applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment Eye/face protection Chemical goggles and face shield are recommended. Eye wash facilities and emergency shower Skin protection must be available when handling this product. Hand protection Wear appropriate chemical -resistant gloves. Advice should be sought from glove suppliers. Other Where contact is likely, wear chemical -resistant gloves, chemical protective clothing, rubber boots, and chemical safety goggles plus a face shield. Use of an impervious apron is recommended. Respiratory protection Respiratory protection should be worn when there is a potential to exceed the exposure limit requirements or guidelines. If there are no applicable exposure limit requirements or guidelines, wear respiratory protection when adverse effects, such as respiratory irritation or discomfort have been experienced, or where indicated by your risk assessment process. For most conditions no respiratory protection should be needed; however, if discomfort is experienced, use an approved air -purifying respirator. The following should be effective types of air -purifying respirators: Particulate filter. Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene When using, do not eat, drink or smoke. Do not breathe mist. Avoid contact with eyes, skin and considerations clothing. Upon completion of work, wash hands before eating, drinking, smoking or use of toilet facilities. Remove soiled clothing and wash it thoroughly before reuse. 9. Physical and chemical properties Appearance Clear yellow/green liquid. Physical state Liquid Form Color Odor Odor threshold pH Melting point/freezing point Initial boiling point and boiling range Flash point Liquid. Clear to yellow/green. Pungent. Chlorine -like. Not available. 11 -13 -150 °F (-101.11 °C) >212°F(>100°C) Not Applicable Evaporation rate Not available. Flammability (solid, gas) Not applicable. Upper/lower flammability or explosive limits Flammability limit - lower (%) Not Applicable Flammability limit - lower (%) temperature Not Applicable Material name: Sodium Hypchlorite, 10-15% Solution SDS US AUC -004 Version #: 04 Issue date: 12-03-2020 CAVA 21-06,� 83 10 @ggit t.11 74 7/1/2021 BidSync Page 117 of 136 City of Fort Lauderdale 12525-312 Flammability limit -upper Not Applicable N Flammability limit - upper Not Applicable (%) temperature Explosive limit - lower (%) Not available. Explosive limit - upper (%) Not available. Vapor pressure 12 mm Hg Vapor density Not available. Relative density Not available. Solubility(ies) Solubility (water) Soluble Partition coefficient Not available. (n-octanol/water) Auto-ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 1.18 g/cm3 Molecular formula NaOCI Molecular weight 74.4 Specific gravity 1.165-1.23 10. Stability and reactivity Reactivity Contact with most metals will generate flammable hydrogen gas. Contact with water will generate considerable heat. Reacts with amines and ammonia compounds to form explosively unstable compounds. May be corrosive to metals. May be corrosive to: Aluminum. Stainless steel. Carbon steel. Copper. Bronze Chemical stability Material is stable under normal conditions. Possibility of hazardous Reacts vigorously or violently with many organic and inorganic chemicals such as: acids, acrolein, reactions acrylonitrile, chlorinated hydrocarbons (e.g. 1,2 dichloroethylene), chlorine dioxide, maleic anhydride, nitroethane, nitroparaffins, 2-nitrophenol, nitropropane, phosphorus, potassium persulfate, and tetrahydrofuran (containing peroxides). Conditions to avoid Direct sources of heat. Avoid high temperatures. Direct sunlight. Avoid contact with incompatible materials. Do not use in areas without adequate ventilation. Do not allow evaporation to dryness. Incompatible materials Metals. Strong oxidizing agents. Acids. Amines. Ammonia. Reducing agents. Nitrites. Organic compounds. Hazardous decomposition None known, refer to hazardous combustion products in Section 5. products In the event of fire the following can be released: Chlorine. Sodium chlorate. 11. Toxicological information Information on likely routes of exposure Inhalation Prolonged inhalation may be harmful. May cause irritation to the respiratory system. May cause severe irritation to the nose, throat, and respiratory tract. Skin contact Causes severe skin burns. Eye contact Causes serious eye damage. Ingestion Causes digestive tract burns. Ingestion may cause severe irritation of the mouth, the esophagus and the gastrointestinal tract. Most important Corrosive to the eyes and may cause severe damage including blindness. Symptoms may include symptoms/effects, acute and stinging, tearing, redness, swelling, and blurred vision. Direct skin contact may cause corrosive delayed skin burns, deep ulcerations and possibly permanent scarring. Can cause severe respiratory irritation. Symptoms may include coughing, choking and wheezing. Inhalation could result in pulmonary edema (fluid accumulation). Symptoms of pulmonary edema (chest pain, shortness of breath) may be delayed. May cause severe irritation and corrosive damage in the mouth, throat and stomach. Symptoms may include abdominal pain, vomiting, burns, perforations, bleeding and eventually death. Information on toxicological effects Material name: Sodium Hypochlorite, 10-15% Solution sus Us AUC-004 Version #: 04 Issue date: 12-03-2020 C 21-067 5/10 ,P@ggit1� 84 01.1174 7/1/2021 Bidsync Page 118 of 136 City of Fort Lauderdale 12525-312 Acute toxicity Not expected to be hazardous by OSHA criteria. There is no available data for the product itself, only for the ingredients. See data for individual ingredient acute toxicity data. Components Species Test Results Sodium hydroxide (CAS 1310-73-2) Acute Dermal LD50 Rabbit No Data in Literature Inhalation LC50 Rat No Data in Literature Oral LD50 Rat No Data in Literature Sodium Hypochlorite (CAS 7681-52-9) Acute Dermal LD50 Rabbit > 10000 mg/kg Inhalation LC50 Rat > 5.25 mg/I/4h Oral LD50 Rat 8910 mg/kg Skin corrosion/irritation Hazardous by OSHA criteria. Causes severe skin burns. Causes severe skin burns and eye damage. Skin corrosion/irritation - Category 1. Serious eye damage/eye Hazardous by OSHA criteria. irritation Causes serious eye damage. Serious eye damage/eye irritation - Category 1 Respiratory or skin sensitization Respiratory sensitization Not expected to be a respiratory sensitizer. Skin sensitizer Not expected to be hazardous by OSHA criteria. Not expected to be a skin sensitizer. May cause an allergic skin reaction (e.g. hives, rash) in some hypersensitive individuals. Germ cell mutagenicity Not expected to be mutagenic. Carcinogenicity This product is not considered to be a carcinogen by IARC, ACGIH, NTP, or OSHA. IARC Monographs. Overall Evaluation of Carcinogenicity Sodium Hypochlorite (CAS 7681-52-9) 3 Not classifiable as to carcinogenicity to humans. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050) Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity - single exposure Specific target organ toxicity - repeated exposure Aspiration toxicity Chronic effects 12. Ecological information Ecotoxicity Components Hazardous by OSHA criteria. May cause respiratory irritation. Specific Target Organ Toxicity (STOT), Single Exposure, Category 3. Not classified as a specific target organ toxicity -repeated exposure. Not expected to be an aspiration hazard. Prolonged inhalation may be harmful. Chronic skin contact with low concentrations may cause dermatitis. Toxic to aquatic life. Species Sodium hydroxide (CAS 1310-73-2) Aquatic Acute Crustacea EC50 Water flea (Ceriodaphnia dubia) Test Results 40 mg/I, 48 hours Material name: Sodium Hypochlorite, 10-15% Solution SDS US AUC -004 Version #: 04 Issue date: 12-03-2020 C 21-067 6/10 7/1/2021 BidSync ,P@ggit1� 85 o 1174 Page 119 of 136 Components City of Fort Lauderdale Species Test Results Fish LC50 Western mosquitofish (Gambusia affinis) 125 mg/I, 96 hours Sodium Hypochlorite (CAS 7681-52-9) Aquatic Acute Crustacea EC50 Fish Persistence and degradability Bioaccumulative potential Mobility in soil Other adverse effects LC50 Water flea (Daphnia magna) 0.169 mg/I, 48 hours Bluegill (Lepomis macrochirus) 0.58 mg/I, 96 hours Biodegradation is not applicable to inorganic substances. 12525-312 No accumulation in living organisms is expected due to high solubility and dissociation properties. High water solubility indicates a high mobility in soil. No other adverse environmental effects (e.g. ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of contents/container in accordance with local/regional/national/international regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user, the producer and the waste disposal company. Waste from residues / unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues. This material and its container must be disposed of in a safe manner (see: Disposal instructions). Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue, follow label warnings even after container is emptied. 14. Transport information DOT UN number UN1791 UN proper shipping name HYPOCHLORITE SOLTUTIONS ( RQ = 100) Transport hazard class(es) Class 8 Subsidiary risk - Label(s) 8 Packing group III Environmental hazards Marine pollutant Yes Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Special provisions IB3, N34, T4, TP2, TP24 Packaging exceptions 154 Packaging non bulk 203 Packaging bulk 241 This product does meet the definition of a marine pollutant as described in 49 CFR section 171.8. IATA UN number UN1791 UN proper shipping name HYPOCHLORITE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group III Environmental hazards NO ERG Code 8L Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Other information Passenger and cargo Allowed. aircraft Cargo aircraft only Allowed. Material name: Sodium Hypochlorite, 10-15% Solution SDS US AUC -004 Version #: 04 Issue date: 12-03-2020 C 21-067 7/10 7/1/2021 BidSync ,P@ggit1� 86 0 ' 374 Page 120 of 136 LTi I �Zrl UN number UN proper shipping name Transport hazard class(es) Class Subsidiary risk Packing group Environmental hazards Marine pollutant EmS Special precautions for user Transport in bulk according to Annex II of MARPOL 73/78 and the IBC Code DOT IATA; IMDG Marine pollutant 15. Regulatory information US federal regulations City of Fort Lauderdale UN1791 HYPOCHLORITE SOLUTION 11 No. F -A, S -B Read safety instructions, SDS and emergency procedures before handling. Not available. This product is a "Hazardous Chemical" as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. All components are on the U.S. EPA TSCA Inventory List. TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. CERCLA Hazardous Substance List (40 CFR 302.4) Sodium hydroxide (CAS 1310-73-2) Listed. Sodium Hypochlorite (CAS 7681-52-9) Listed. SARA 304 Emergency release notification Not regulated. 12525-312 Material name: Sodium Hypochlorite, 10-15% Solution SDS US AUC -004 Version #: 04 Issue date: 12-03-2020 C 21-067 8/10 7/1/2021 BidSync ,P@ggit1� 87 0 ' 174 Page 121 of 136 City of Fort Lauderdale 12525-312 OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050) Not listed. Superfund Amendments and Reauthorization Act of 1986 (SARA) Hazard categories Immediate Hazard - Yes Delayed Hazard - No Fire Hazard - No Pressure Hazard - No Reactivity Hazard - No SARA 302 Extremely hazardous substance Not listed. SARA 311/312 Hazardous Yes chemical SARA 313 (TRI reporting) Not regulated. Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPs) List Not regulated. Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations US. California Controlled Substances. CA Department of Justice (California Health and Safety Code Section 11100) Not listed. US. Massachusetts RTK - Substance List Sodium hydroxide (CAS 1310-73-2) Sodium Hypochlorite (CAS 7681-52-9) US. New Jersey Worker and Community Right -to -Know Act Sodium hydroxide (CAS 1310-73-2) Sodium Hypochlorite (CAS 7681-52-9) US. Pennsylvania Worker and Community Right -to -Know Law Sodium hydroxide (CAS 1310-73-2) Sodium Hypochlorite (CAS 7681-52-9) US. Rhode Island RTK Sodium hydroxide (CAS 1310-73-2) Sodium Hypochlorite (CAS 7681-52-9) US. California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. International Inventories Country(s) or region Inventory name Australia Australian Inventory of Chemical Substances (AICS) Canada Domestic Substances List (DSL) Canada Non -Domestic Substances List (NDSL) China Inventory of Existing Chemical Substances in China (IECSC) Europe European Inventory of Existing Commercial Chemical Substances (EINECS) Europe European List of Notified Chemical Substances (ELINCS) Japan Inventory of Existing and New Chemical Substances (ENCS) Korea Existing Chemicals List (ECL) New Zealand New Zealand Inventory Philippines Philippine Inventory of Chemicals and Chemical Substances (PICCS) On inventory (yes/no)* Yes Yes No Yes Yes No Yes Yes Yes Yes Material name: Sodium Hypochlorite, 10-15% Solution SDS US AUC -004 Version #: 04 Issue date: 12-03-2020 C 21-067 9/10 7/1/2021 BidSync ,P@ggit1� 88 0 ' 374 Page 122 of 136 City of Fort Lauderdale 12525-312 Country(s) or region Inventory name On inventory (yes/no)* United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes "A "Yes" indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 12-03-2020 Version # 04 HMIS H: 3 F: 0 R: 1 NFPA H: 3 F: 0 R: 1 Maximum use level for Sodium hypochlorite under NSF/ANSI Standard 60 - Maximum use in 0 potable water is 84 mg/L for 12.5% bleach and 100 mg/L for 10.5% bleach. NSFIANSICAN 60 ACGIH: American Conference of Governmental Industrial Hygienists CAS: Chemical Abstract Services List of abbreviations CERCLA: Comprehensive Environmental Response, Compensation and Liability Act of 1980 CFR: Code of Federal Regulations DOT: Department of Transportation DSL: Domestic Substance List EC: European Community EINECS: European Inventory of Existing Commercial chemical Substances EPA: Environmental Protection Agency EPCRA: Emergency Planning and Community Right -to -Know Act HSDB® - Hazardous Substances Data Bank IARC: International Agency for Research on Cancer IATA: International Air Transport Association IBC: Intermediate Bulk Container IMDG: International Maritime Dangerous Goods LC: Lethal Concentration LD: Lethal Dose NOEC: No observable effect concentration NTP: National Toxicology Program OECD: Organisation for Economic Cooperation and Development OSHA: Occupational Safety and Health Administration PPE: Personal Protective Equipment RCRA: Resource Conservation and Recovery Act RTECS: Registry of Toxic Effects of Chemical Substances SARA: Superfund Amendments and Reauthorization Act SDS: Safety Data Sheet STEL: Short Term Exposure Limit TLV: Threshold Limit Values TWA: Time Weighted Average Prepared by: ICC The Compliance Center Inc. 1-888-442-9628 http://www.thecompliancecenter.com Disclaimer Disclaimer This Safety Data Sheet was prepared by ICC The Compliance Center Inc. using information provided by / obtained from Allied Universal Corporation and CCOHS' Web Information Service. The information in the Safety Data Sheet is offered for your consideration and guidance when exposed to this product. ICC The Compliance Center Inc. and Allied Universal Corporation expressly disclaim all expressed or implied warranties and assume no responsibilities for the accuracy or completeness of the data contained herein. The data in this SDS does not apply to use with any other product or in any other process. This Safety Data Sheet may not be changed, or altered in any way without the expressed knowledge and permission of ICC The Compliance Center Inc. and Allied Universal Corporation Bibliography Canadian Centre for Occupational Health and Safety, CCInfoWeb Databases, 2014 (Chempendium, RTECs, HSDB, INCHEM) European Chemicals Bureau, Existing Chemicals Work Area, EINECS Information System, 2014. Material Safety Data Sheet from manufacturer. OECD - The Global Portal to Information on Chemical Substances - eChemPortal, 2014. Material name: Sodium Hypochlorite, 10-15% Solution SDS US AUC -004 Version #04 Issue date: 12-03-2020 CAVA 21-0671 10/ 10 7/1/2021 BidSync @ggit89 O t.�3 74 Page 123 of 136 City of Fort Lauderdale ,m Bid #12006-372 - Sodium Hypochlorite (CO-OP) — _._.... Creation Date Jul 19, 2017 End Date Aug 11, 2017 2:00:00 PM EDT Start Date Jul 21, 2017 4:29:31 PM EDT Awarded Date Not Yet Awarded 12606-372 12006-372--01-01 Sodium Hypochlorite- Tanker Load Supplier I Unit Price Supplier I Unit Price Qty/Unit Docs Total Price Attch. Docs Allied Universal Corporation [Ad] I First Offer - $0.498 2157356 / gallon Product Code: Agency Notes: $1,074,363.288 Y Y Product Code: Agency Notes: Odyssey Manufacturing Company I Supplier Product Code: Supplier Notes: 180000 / gallon $122,400.00 Y Y Odyssey Manufacturing Company I First Offer - $0.522 2157356 / gallon $1,126,139.832 Y Y oduct Code: tency Notes: 180000 / gallon Supplier Product Code: Supplier Notes: Y Product Code: Agency Notes: Brenntag Mid -South Inc. [Ad] First Offer - $0.69 2157356 / gallon $1,488,575.64 Y Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: 813540 12006-372--01-02 Sodium hypochlorite- Less than tanker load Supplier I Unit Price Qty/Unit Total Price Attch. Docs Allied Universal Corporation [Ad] I First Offer - $0.548 180000 / gallon $98,640.00 Y Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: Odyssey Manufacturing Company I I First Offer - $0.68 180000 / gallon $122,400.00 Y Y oduct Code: tency Notes: Supplier Product Code: Supplier Notes: Brenntag Mid -South Inc. [Ad] First Offer - $0.72 180000 / gallon $129,600.00 Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: 813540 Supplier Totals f Allied Universal Corporation [Ad] Bid Contact Catherine Guillarmod CristyM@allieduniversal.com Ph 305-888-2623 Fax 786-522-0215 Supplier Code 00002648 Agency Notes: f Odyssey Manufacturing Company Bid Contact Patrick Allman pallman@odysseymanufacturing.com Ph 813-635-0339 Fax 813-630-2589 Agency Notes: f Brenntag Mid -South Inc. [Ad] Bid Contact Stephanie Ubach subach@brenntag.com Ph 800-876-1727 $1,173,003.288 (2/2 items) Address 3901 N.W. 115 Ave. Miami, FL 33178 Supplier Notes: Head Attch: $1,248,539.832 (2/2 items) Address 1484 Massaro Blvd. Tampa, FL 33619 Supplier Notes: Head Attch: i $1,618,175.64 (2/2 items) Address 250 Central Florida Parkway Orlando, FL 32824 C 21-067 8/1/120017 BidSync @ggit190 Otp�j 74 Page 124 of 136 Fax 407-851-3512 Agency Notes: City of Fort Lauderdale Supplier Notes: Head Attch: 12606-372 C 21-067 8/1/120017 BidSync @ggit1 91 Otp' 174 Page 125 of 136 City of Fort Lauderdale 12525-312 CITY OF FORT LAUDERDALE GENERAL CONDITIONS These instructions and conditions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services Division. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the Invitation to Bid (ITB) Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid (ITB), Request for Qualifications (RFQ), and Request for Proposal (RFP) are interchangeable. PART I BIDDER PROPOSAL PAGES) CONDITIONS: 1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item through our bid issuing service, BidSync. Notices of Invitations to Bid (ITB' S) are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed (if applicable) to every vendor on those lists, who may then view the bid documents online. Bidders who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents. There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync. If you wish purchase orders sent to a different address, please so indicate in your bid response. If you wish payments sent to a different address, please so indicate on your invoice. 1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City. 1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment. Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in refusal of shipment at Contractor's expense. 1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. 1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid. 1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of bid opening unless otherwise stated in the ITB. 1.07 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will be assumed that the product or service fully complies with the City's terms, conditions, and specifications. By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City reserves the right to reject the bid or part of the bid that is declared by the City as conditional. 1.08 NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or any other reason, in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date and time, indicated in this ITB, may result in your firm being deleted from our Bidder's registration list for the Commodity Class Item requested in this ITB. 1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Small Business Enterprises (SBE) in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise (MBE) "A Minority Business" is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group members or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United States who include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. Women Business Enterprise (WBE) a "Women Owned or Controlled Business" is a business enterprise at least 51 percent of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by females. Small Business Enterprise (SBE) "Small Business" means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit, which is independently owned and operated, has either fewer than 100 employees or less than $1,000,000 in annual gross receipts. BLACK, which includes persons having origins in any of the Black racial groups of Africa. CANA P� 21-067 7/1/2021 BidSync @it92 0 t.�J 74 Page 126 of 136 City of Fort Lauderdale 12525-312 WHITE, which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin, regardless of race. NATIVE AMERICAN, which includes persons whose origins are American Indians, Eskimos, Aleuts, or Native Hawaiians. ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. 1.10 MINORITY -WOMEN BUSINESS ENTERPRISE PARTICIPATION It is the desire of the City of Fort Lauderdale to increase the participation of minority (MBE) and women -owned (WBE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation in their proposal, those firms, and their specific duties have to be identified in the proposal. If a proposer is considered for award, he or she will be asked to meet with City staff so that the intended MBE/WBE participation can be formalized and included in the subsequent contract. 1.11 SCRUTINIZED COMPANIES As to any contract for goods or services of $1 million or more and as to the renewal of any contract for goods or services of $1 million or more, subject to Odebrecht Construction, Inc., r.. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., r.. Secretary, Florida Department of Transportation, 715 EM 1268 (11th Cir. 2013), with regard to the "Cuba Amendment," the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and that it does not have business operations in Cuba or Syria, as provided in section 287.135, Florida Statutes (2019), as may be amended or revised. As to any contract for goods or services of any amount and as to the renewal of any contract for goods or services of any amount, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2019), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2019), as may be amended or revised, 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 the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2019), or is engaged in a boycott of Israel, or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2019), as may be amended or revised. Rev. 2/2020 Page 1 1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder or proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. Part II DEFINITIONS/ORDER OF PRECEDENCE: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications, instructions to bidders, addenda and any other document used in the bidding process: INVITATION TO BID (ITB) The solicitation document used for soliciting competitive sealed bids for goods or services. INVITATION TO NEGOTIATE (ITN) All solicitation documents, regardless of medium, whether attached to or incorporated by reference in solicitations for responses from firms that invite proposals from interested and qualified firms so the city may enter into negotiations with the firm(s) determined most capable of providing the required goods or services. REQUEST FOR PROPOSALS (RFP) A solicitation method used for soliciting competitive sealed proposals to determine the best value among proposals for goods or services for which price may not be the prevailing factor in award of the contract, or the scope of work, specifications or contract terms and conditions may be difficult to define. Such solicitation will consider the qualifications of the proposers along with evaluation of each proposal using identified and generally weighted evaluation criteria. RFPs may include price criteria whenever feasible, at the discretion of the city. REQUEST FOR QUALIFICATIONS (RFQ) A solicitation method used for requesting statements of qualifications in order to determine the most qualified proposer for professional services. BID — a price and terms quote received in response to an ITB. PROPOSAL — a proposal received in response to an RFP. BIDDER — Person or firm submitting a Bid. PROPOSER — Person or firm submitting a Proposal. RESPONSIVE BIDDER — A firm who has submitted a bid, offer, quote, or response which conforms in all material respects to the competitive solicitation document and all of its requirements. RESPONSIBLE BIDDER — A firm who is fully capable of meeting all requirements of the solicitation and subsequent contract. The respondent must possess the full capability, including financial and technical, ability, business judgment, experience, qualifications, facilities, equipment, integrity, capability, and reliability, in all respects to perform fully the contract requirements and assure good faith performance as determined by the city. FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most advantageous to the City after applying the evaluation criteria contained in the RFP. SELLER — Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City. CONTRACTOR — Any firm having a contract with the city. Also referred to as a "Vendor". CONTRACT — All types of agreements, including purchase orders, for procurement of supplies, services, and construction, regardless of what these agreements may be called. CONSULTANT — A firm providing professional services for the city. CANA P� 21-067 7/1/2021 BidSync @it93 0 t.�J 74 Page 127 of 136 City of Fort Lauderdale 12525-312 2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety, PART III BIDDING AND AWARD PROCEDURES: 3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted by the Bidder shall be printed, typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission (FAX) if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office, or other designated area, in the presence of Bidders, the public, and City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with applicable regulations. 3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. 3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption number for EIN is 59-6000319, and State Sales tax exemption number is 85-80138755780-1. 3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information, in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are overly restrictive, the bidder must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the ITB, for questions of a material nature, or prior to five (5) days before bid due and open date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all bidders. 3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the contract. 3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in rejection of a bid. Rev. 2/2020 Page 2 3.10 LIFE CYCLE COSTING: If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful life, maintenance costs, cost of supplies, labor intensity, energy usage, environrnental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its sole opinion that will most accurately estimate total cost of use and ownership. 3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Fort Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITB, the City may give preference to bids containing items manufactured with recycled material or packaging that is able to be recycled. CANA P� 21-067 7/1/2021 BidSync @it94 0 t.�J 74 Page 128 of 136 City of Fort Lauderdale 12525-312 3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other available governmental contracts, if such action is in its best interest. 3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. 3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond or cashier's check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in Special Conditions. 3.15 PUBLIC RECORDS/TRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this RFP and the Contract to be executed for this RFP, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's response to the RFP, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. In addition, the proposer agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as exempt from disclosure or confidential. Proposals bearing copyright symbols or otherwise purporting to be subject to copyright protection in full or in part may be rejected. The proposer authorizes the City to publish, copy, and reproduce any and all documents submitted to the City bearing copyright symbols or otherwise purporting to be subject to copyright protection. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP OR ANY PART THEREOF AS COPYRIGHTED. 3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City. 3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re -bid, at the sole option of the City. 3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal effect thereof. 3.19 BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law may protest to the chief procurement officer, by delivering a letter of protest to the director of finance within five (5) days after a notice of intent to award is posted on the city's web site at the following url: https://www.fortlauderdale.gov/departments/finance/procurement-services/notices- of-intent-to-award The complete protest ordinance may be found on the city's web site at the following url: https://library.municode.com/fl/fort lauderdale/codes/code_of ordinances? nodeid=coor_ch2ad_artvfi_div2pr_s2-182direpr PART IV BONDS AND INSURANCE 4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as surety for faithful CANA P� 21-067 7/1/2021 BidSync @it95 0 t.�J 74 Page 129 of 136 City of Fort Lauderdale 12525-312 performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of this Agreement by the Contractor. Rev. 2/2020 Page 3 4.02 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions. The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractor's insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 COMPLIANCE WITH SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance with bid specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may also result in: Bidder's name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any award during that period. All City Departments being advised to refrain from doing business with the Bidder. All other remedies in law or equity. 5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and acceptance of materials or services. 5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended. 5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB the bidder will supply only material or equipment that is 100% asbestos free. 5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. 5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors. 5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. 5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall protect and defend at Contractor's expense, counsel being subject to the City's approval, and indemnify and hold harmless the City and the City's officers, employees, volunteers, and agents from and against any and all losses, penalties, fines, damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor or by any officer, employee, agent, invitee, subcontractor, or sublicensee of the Contractor. Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged violations of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder. 5.09 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of c , P� 21-067 7/1/2021 BidSync @it96 0 t.�J 74 Page 130 of 136 City of Fort Lauderdale 12525-312 the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. 5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in the City's best interest as determined by the City, to cancel any contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The Contractor agrees to make available to the City Auditor or the City Auditor's designee, during normal business hours and in Broward, Miami -Dade or Palm Beach Counties, all books of account, reports, and records relating to this contract. The Contractor shall retain all books of account, reports, and records relating to this contract for the duration of the contract and for three years after the final payment under this Agreement, until all pending audits, investigations or litigation matters relating to the contract are closed, or until expiration of the records retention period prescribed by Florida law or the records retention schedules adopted by the Division of Library and Information Services of the Florida Department of State, whichever is later. 5.13 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his/her/its own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried out under this contract. 5.14 LAW S/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations that would apply to this contract. NON-DISCRIMINATION: The Contractor shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color, national origin, age, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, marital status, or any other protected classification as defined by applicable law. 1. The Contractor certifies and represents that the Contractor will comply with Section 2-187, Code of Ordinances of the City of Fort Lauderdale, Florida, (2019), as may be amended or revised, ("Section 2-187"), during the entire term of this Agreement. 2. The failure of the Contractor to comply with Section 2-187 shall be deemed to be a material breach of this Agreement, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. 3. The City may terminate this Agreement if the Contractor fails to comply with Section 2-187. 4. The City may retain all monies due or to become due until the Contractor complies with Section 2-187. 5. The Contractor may be subject to debarment or suspension proceedings. Such proceedings will be consistent with the procedures in section 2-183 of the Code of Ordinances of the City of Fort Lauderdale, Florida. Rev. 2/2020 Page 4 5.15 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those circumstances significantly affect the Contractor's cost in providing the required prior items or services, then the Contractor may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the City will reserve the following options: 1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice. 2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non -adjusted) cost until the termination of the contract term then in effect. 3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner attempted to use this section of the contract to relieve Contractor of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the Contractor in default and disqualifying Contractor from receiving any business from the City for a stated period of time. If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing signed by a person authorized to bind the City in such matters. 5.16 ELIGIBILITY: If applicable, the Contractor must first register with the Florida Department of State in accordance with Florida Statutes, prior to entering into a contract with the City. 5.17 PATENTS AND ROYALTIES: The Contractor, without exception, shall defend, indemnify, and hold harmless the City and the City's employees, officers, employees, volunteers, and agents from and against liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the contract, including their use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include any and all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. c , P� 21-067 7/1/2021 BidSync @it97 0 t.�J 74 Page 131 of 136 City of Fort Lauderdale 12525-312 5.18 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original award approval. 5.19 GOVERNING LAW; VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of the Contract, and for any other legal proceeding, shall be in the courts in and for Broward County, Florida, or in the event of federal jurisdiction, in the Southern District of Florida. 5.20 PUBLIC RECORDS: 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 PRRCONTRACT@FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. Contractor shall comply with public records laws, and Contractor shall: 1. Keep and maintain public records required by the City to perform the service 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2019), as may be amended or revised, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of 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. Rev. 2/2020 Page 5 CANA P� 21-067 7/1/2021 BidSync @it98 0 t.�3 74 Page 132 of 136 City of Fort Lauderdale 12525-312 NON -COLLUSION STATEMENT: By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. accordance wren crcv or tort Lauaeraaie, rL roucv ana standards ivianuai, b.-iu 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. Cristhianne Munguia Bid Coordinator Authorized Signature Title Cristhianne Munguia 618121 Name (Printed) Date CANA P� 21-067 7/1/2021 BidSync @it99 0 t.13 74 Page 133 of 136 City of Fort Lauderdale CONTRACT PAYMENT METHOD 12525-312 The City of Fort Lauderdale has implemented a Procurement Card (P -Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to credit card payments via MasterCard or Visa as part of this program. This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast and safely. No more waiting for checks to be printed and mailed. In accordance with the contract, payments on this contract will be made utilizing the City's P -Card (MasterCard or Visa). Accordingly, bidders must presently have the ability to accept these credit cards or take whatever steps necessary to implement acceptance of a card before the start of the contract term, or contract award by the City. All costs associated with the Contractor's participation in this purchasing program shall be borne by the Contractor. The City reserves the right to revise this program as necessary. By signing below you agree with these terms. Please indicate which credit card payment you prefer: MasterCard iii Visa Allied Universal Corporation Company Name Cristhianne Munguia Cristhianne Munguia Name (Printed) Signature 6/8/21 Bid Coordinator Date Title ca1 21-0614100 0.�� 74 7/1/2021 BidSync JgAit 3 Page 134 of 136 City of Fort Lauderdale BID/PROPOSAL CERTIFICATION 12525-312 Please Note: It is the sole responsibility of the bidder to ensure that his bid is submitted electronically through www.BidSync.com prior to the bid opening date and time listed. Paper bid submittals will not be accepted. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute §607.1501 (visit http://www.dos.state.fl.us/). Company: (Legal Registration) Allied Universal CorporationEIN (Optional): Address: 3901 NW 115 Avenue City: MiamiState: FL Zip: 33178 Telephone No.: 305-888-2623 Ext.0125FAX No.: 786-522-0215Email: Bids@,Allieduniversal.com Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): 14 Total Bid Discount (section 1.05 of General Conditions): N/A Check box if your firm qualifies for MBE / SBE / WBE (section 1.09 of General Conditions): 1... ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued 1 6/11/21 VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. You must also click the "Take Exception" button. N/A The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars ($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. caNA P� 21-0674101 ot.1174 7/1/2021 BidSync @it 3 Page 135 of 136 City of Fort Lauderdale 12525-312 Submitted by: Cristhianne Munguia Cristhianne Munguia Name (printed) Signature 6/11/21 Bid Coordinator Date Title Revised 4/28/2020 ca�y� 21-0674102 ot.1174 7/1/2021 BidSync @it 3 Page 136 of 136 7.B. Consent Bids and Purchases Over $100,000 10/19/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 19, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." 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). DESCRIPTION SOLICITATION RENEWAL VENDOR(S) OF NUMBER TERM AMOUNT SOLICIATION Annual Estimate Expenditure $200,000 Vendor Renewal with price increase due October 17, to CRU price increases in the Steel Iron Metal Containers COBB Bid No. 2021 thru industry. Containers and Roll -Off 035-2510-18/IT October 16, LLC Services 2022 Quotes will be issued for each departmental order request to verify product pricing. Price increase is in accordance with the Bid Special Terms and Conditions Item 4. COSTADJ USTMENTS Martin New Fencing, COBB Bid No. November 5, Annual Estimated Expenditure Fence; Alpha Repairs, and 001-2511- 2021 thru Fence Gate Operators 20/EM November 4, $250,000 2022 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. Page 1103 of 1174 Fiscal Impact: 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 Application: Is this a grant? No Grant Amount: Attachments: Type D AttachirTIENI'lt D A ttac lh rTIE) 111 t D A ttac lh rTIE) 111 t D A ttac lh rTIE) 111 t D A ttac lh rTIE) 111 t D A ttac lh rTIE) 111 t Description Bid EAE)insioins aind IRiggy Backs oveir $100,000 IRENIIE)W,-'.Ill 11['1tE)ir'E)St I E)ttENr Broin Cointail['IE)rs, 11.....11.....0 2021 2022 Broin Cointail['IE)rs, 1 1 .0 FlriCE) Ilircirasa SE) IfREs,qLAE�'St Iroin Cointail['IE)rs, 1 1 .0 FlriCE) I istiing 9 28 2021 IRENIIE)W,-'.Ill 11['1tE)ir'E)St I E)ttENr Martiin 1:::::E)1['10E) 2021 2022 IRENIIE)W,-'.Ill II1['1tE)ir'E)St I E)ttENr AIpha 1:::::E)1['KE) 2021 2022 Page 1104 of 1174 REQUESTING DEPARTMENT: Public Works — Solid Waste DEPARTMENT CONTACT: Adrianna Greco-Arencibia TERM: October 17, 2021— October 16, 2022 SOURCE FOR PURCHASE: COBB Bid No. 035-2510-18/IT ACCOUNT NUMBER: 431-2515-534.52-74 VENDOR(S): IRON CONTAINERS, LLC ANNUAL ESTIMATE: $200,000 DESCRIPTION: On October 16, 2018 City Commission awarded Bid No 035-2510-18/IT Metal Containers and Roll Offs to Iron Container of Miami, FL for the purpose to purchase metal containers, lids, and roll -offs to be used throughout the City of Boynton Beach for commercial and/or multi -residential accounts for the purpose of refuse collection. On April 6, 2021 City Commission approved the vendor's request for a price increase of approximately 20%. However, with this renewal the vendor requested a price increase of approximately 35%. Staff has reviewed and approve of the price increase. The vendor will adjust for decreases as the cost of steel decrease. Approve the increase and renewal for the term October 17, 2021 to October 16, 2022. REQUESTING DEPARTMENT: Public Works — Facilities Maintenance DEPARTMENT CONTACT: Gail Mootz TERM: November 5, 2021— November 4, 2022 SOURCE FOR PURCHASE: COBB Bid No. 001-2511-20/EM ACCOUNT NUMBER: 001-2511-519-34.10, 001-2730-572-49.17 VENDOR(S): MARTIN FENCE, ALPHA FENCE ANNUAL ESTIMATE: $250,000 DESCRIPTION: On November 5, 2019 City Commission awarded Bid No 001-2511-20/EM New Fencing, Repairs, and Gate Operators based off the lowest, most responsive, responsible bidder(s) who met all specifications to Martin Fence to be used on an as -needed basis. The initial contract term was awarded for two (2) years with three (3) additional one-year renewal periods. This will be the 1St renewal term of the contract. Approve the renewal for the term November 5, 2021 to November 4, 2022. The �� �� � Bounton Beach FinancelProcurement Services 2O0EOcean Avenue Boynton Beach, Fl33435 P'[lBox 310 Boynton Beach, Florida 334J5'8320 Telephone No: /562/742-6310 September 18.2O21 Iron Containers, LLC Attn: Julian Charles 8505 NW 74 Street K8ianni, FL 33108 VIA EMAIL TRANSMITTAL TO: B|D.:METAL CONTAINERS AND ROLL -OFFS BID No.: No. 035-2510- 0/11T CURRENT BID TERM: OCTOBER 17,2021—OCTOBER 16,2022 Dear Mr. Charles: The current bid term for "METAL CONTAINERS AND ROLL-OFFQ^expires October 18.2O21 The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach would like toextend the agreement for its 2nd renewal for onadditional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement 8en/ioeo via email to at your earliest convenience. If you should have any queotiona, please do not hesitate to oonbmctTaroiyn Pratt, Contract Administrator et(5O1)742-U3U8. Sincerely, %ft�lw C(.__ �_L 'A . a Mara Frederiksen Director of Financial Services tp America's Gateway ,nthe Gulf Stream Page 1106Of1174 The City of Boynton Beach September 16, 2021 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 BID: METAL CONTAINERS AND ROLL -OFFS BID No.: 035-2510-18/IT Agreement between the City of Boynton Beach and IRON CONTAINERS, LLC. AGREEMENT RENEWAL TERM: OCTOBER 17, 2021 — OCTOBER 16, 2022 Yes, I agree to renew the existing agreement under the same terms, conditions, and„pricing for an additional one-year term. p No, I do not wish to renew the bid for the following reason(s) IRON CONTAINERS, LLC NAME OF COMPANY NAME OF REPRESENTATIVE (please print) 91-9." - ) r)'� DATE Nr E-MAUJ TITLE 305 -7.:)-6 2-16c� (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 1107 of 1174 Iron Container, LLC Waste Equipment Manufacturing August 3rd" 2021 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 BID.: METAL CONTAINERS AND ROLL -OFFS BID No.: No. 035-2510-18/IT CURRENT BID TERM: OCTOBER 17, 2021 — OCTOBER 16, 2022 Attn: Mara Frederiksen, Director of Financial Services Per my previous letter, we have continued to see significant price increases in steel. See chart below. As such we are forced to request another increase. Last week saw the first sign of leveling off and we are hopeful that the prices can be help for the next year. If the opportunity arises to offer a decrease, we would be happy to do so as well. Most other cities are already at this price level today. We greatly appreciate the years of support from City of Boynton Beach and hope to continue to be a valued member of the supply chain. \R,n din sday, .lki€y 28 202 P.., ', .,830 00 ;:B,500,C)o MM do?,,J�y Apnl 20 2011,8(1'5.00 Wednr. rlarF, YuI�;iva tf7 Rt)P.E, rEi(.11_(14.1 li'lUc1n I r16ru.ai, ,9' (}1 511'1 00 `uhlrt,nes da y,.k11)25, 201. ,, „',g4 300 5:r.,eiem.4a7 Wi,d7c,,I.y, ).e ,4i 0), 70D9, W-dnesd,@y, gtitdhp.r 0..Y„2111:1.:5+2.+00 ` 4r04 ou a.:.�.. Wednesday, De: ente. a IL, inns, ;mn.ttn (r;,i t Ip, rdrd y4'tr itd ..4 f 3” If there is anything else that I can provide to make this process smoother, or if you have any questions, please let me know. I look forward to hearing from you soon. Regards, Julian Charles Sales Manager 8505 NW 74th Street, Miami, Florida 33166 Main (305)-726-2150 Facsimile (305)-400-4822 www.ironcontainer.com Page 1108 of 1174 Iron Container 8505 NW 74th St Miami FL United States 33166-2327 BILL TO: City of Boynton Beach SHIP TO: PRICE LIST 09-28-21 Quote Valid Till: Quote Number : 1224255000044318048 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Julie Alibrandi Quote Stage: Draft Sep 28, 202112:25 PM S.No.Product Details Quantity List Pricefunit Tax total Total 1. FELS2 FELS2 10 $ 650.00 $ 0.00 $ 6,500.00 2 Cubic Yard Front End Loader Slant Top - "Ready To Work" Container -10 Gauge Bottom - 12 Gauge sides -Painted - Includes: Lid Rods and Black Lids - Drain Plug - Safety Decals upon request. 2 - FELS3 FELS3 3 Cubic Yard Front End Loader Slant Top - "Ready To Work" Container -10 Gauge Bottom - 12 Gauge sides -Painted - Includes: Lid Rods and Black Lids - Drain Plug - Safety Decals upon request. 3. FELS4 FELS4 4 Cubic Yard Front End Loader Slant Top - "Ready To Work" Container -10 Gauge Bottom - 12 Gauge sides -Painted - Includes: Lid Rods and Black Lids - Drain Plug - Safety Decals upon request. 4. FELS6 FELS6 6 Cubic Yard Front End Loader Slant Top - "Ready To Work" Container -10 Gauge Bottom - 12 Gauge sides -Painted - Includes: Lid Rods and Black Lids - Drain Plug - Safety Decals upon request. 10 $ 820.00 $ 0.00 $ 8,200.00 20 $ 890.00 $ 0.00 $ 17,800.00 20 $ 1,190.00 $ 0.00 $ 23,800.00 Page 1109 of 1174 S.No.Product Details Quantity List Pricefunit Tax total Total 5. FELS8 FELS8 20 $ 1,590.00 $ 0.00 $ 31,800.00 8 Cubic Yard Front End Loader Slant Top - "Ready To Work" Container -10 Gauge Bottom - 12 Gauge sides -Painted - Includes: Lid Rods and Black Lids - Drain Plug - Safety Decals upon request. 6 - Roll Off 10 OTC Tub - Standard RO 10 T Roll Off 10 OTC - Standard Open Top Roll -off Container - Tub Style - 10ft skid - 3/16" floor - 10 Gauge sides- 18" Centers on Cross - members - 6" x 2" x 3/16" Floor Sills - 4"x 3" x 3/16" Top Rail - HD Parts '- Roll Off 20 OTC Tub - Standard RO 20 T Roll Off 20 OTC - Standard Open Top Roll -off Container - Tub Style - 20ft skid - 3/16"Floor - 10 Gauge Sides - 18" Centers on Cross - members - 6" x 2" x 3/16" Floor Sills - 4"x 3" x 3/16" Top Rail - HD Parts 8- Roll Off 30 OTC Tub - Standard RO 30 Tub 30 OTC - Standard Open Top Roll -off Container - Tub Style - 20ft skid - 3/16"Floor - 10 Gauge Sides - 18" Centers on Cross -members - 6" x 2" x 3/16" Floor Sills - 4"x 3" x 3/16" Top Rail - HD Parts 9. Roll Off 40 OTC Tub - Standard RO 40 Tub Roll Off 40 OTC - Standard Open Top Roll -off Container - Tub Style - 22ft skid - 3/16"Floor - 10 Gauge Sides - 18" Centers on Cross - members - 6" x 2" x 3/16" Floor Sills - 4"x 3" x 3/16" Top Rail - HD Parts 1 $ 3,400.00 $ 0.00 $ 3,400.00 1 $ 4,650.00 $ 0.00 $ 4,650.00 1 $ 5,800.00 $ 0.00 $ 5,800.00 1 $ 6,800.00 $ 0.00 $ 6,800.00 10. Closed top Recycle Roll Off - 4 doors per side RO - Recycle Roll Off - 22ft - 4 doors per side 1 $ 15,000.00$ 0.00 $ 15,000.00 Closed top Recycle Roll Off - 4 doors per Side - 22ft Floor Length - Full Height Sub Total $ 123,750.00 Tax $ 0.00 Adjustment $ 0.00 Discounts $ 0.00 Grand Total $ 123,750.00 Sales Taxes are an estimate only. Actual charges will be calculated at the time of shipping All orders paid for with credit card are subject to 1% - 4% surcharge fee based upon which credit card network is used. In the event of a dispute between the parties regarding the terms, payment or enforcement of this contract/invoice, the prevailing party in any such action shall recover its reasonable attorney's fees and costs from the non -prevailing party, which shall include the right to seek attorney's fees for collecting attorney's fees. Invoices may accrue interest at 1% per month over the agreed payment terms. (11IM111111S d uid tU"omwdifions Page 1110 of 1174 Cum oI lIIIIcir SignialUrCi Sal R 1 vrCISCIRIilliiii 11, GabN !(( IHandaq Page 1111 of 1174 The City of Fiti tan celPr ocurern e n r Services 100 E. Ocean Avenue Boynton Beach, 1=C 33435 �< PO Box.3.10 Boynton Beach, Florida 33425-0310 Telephone No: (56.1) 742--63.10 epternber 29, 2021 BID: NEW FENCING, REPAIRS, AND GATE OPERATORS BIER No.: 001-2511-20/EM Agreement between the City of Boynton Beach and Martin Eerice Co, AGREEMENT RENEWAL AL TERM: NOVEMBER 5,2021... NOVEMBER , 2022 � .... Yes, G agree to renew the existing agreement under the sauxae terr'ns, conditions, and pricing for an additional one. -year tears. No, I do not wish to renew the bid for the foliowing reason(s) MARTIN FENCE CO. NAME OF COMPANY F;OBEi T Cw REENE NAME OF REPRESENTATIVE (please print) 9/29f2021 Em NGREE iE MARTINEENCE.COM E-MAIL RGREENE@MARTINFEN CE. COM Please Copy Both Email Addresses on All Correspondence. Thank you. SIGNATURE PRESIDENT LE 8777773212 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Strecarn Page 1112 of 1174 September 29, 2021 Alpha Fence Attn: Nicholas J. Doup 555 West Ocean Avenue Boynton Beach, FL 33426 VIA EMAIL TRANSMITTAL TO: a::..P.:.P....P..�n'(i��".ks�?iyd' u, me...a° i BID.: NEW FENCING, REPAIRS, AND GATE OPERATORS BID No.: No. 001-2511-20/EM CURRENT BID TERM: NOVEMBER 5,2021 — NOVEMBER 4, 2022 Dear Mr. Doup: The current bid term for "NEW FENCING, REPAIRS, AND GATE OPERATORS" expires November 4, 2021. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 1st renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pfgjj!@tkM.jjs at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, Y**AL&40;*W4 Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 1113 of 1174 September 29, 2021 BID: NEW FENCING, REPAIRS, AND GATE OPERATORS BID No.: 001-2511-201EM Agreement between the City of Boynton Beach and ALPHA FENCE. AGREEMENT RENEWAL TERM: NOVEMBER 5,2021 — NOVEMBER 4, 2022 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. I'NWIII'...IKfIIL..., "ME-6VREPRESENTATIVE (please print) DATE B Jiii °m - Call n E -MAI L TITLE 56 1.738-1966 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 1114 of 1174 7.C. Requested Action by Commission: Proposed Resolution No. 21-143 - Authorize Mayor to sign an agreement with Florida -Caribbean Architecture of Boynton Beach, FL for Project Management Services, in the amount of $192,000. Explanation of Request: In May 2018, the City Commission approved Resolution R18-068 for $182,400 for Florida Caribbean Architecture (FCA) to provide project management services/owner's representative services for the Town Square projects. In December 2020, City Commission approved Resolution R20-146 for $101,250 to extend the agreement to include two additional projects (the Utilities Water Quality Laboratory and the New Public Works Facility). At this time, staff requests the City Commission extend the agreement to manage various projects in the City's Capital Improvement Program. FCA has provided this service successfully and continued services are needed to complete the scheduled projects. How will this affect city programs or services? Extending FCA's service will allow FCA to serve as an extension of staff. FCA will manage the day to day operation of assigned projects, will act as a liaison between the city, design team and the contractor, and ensure that the City's best interests are at the heart of decisions made on assigned projects. Fiscal Impact: The funds are budgeted and will be taken from: General Government — Construction Administration 303-4101-580.xx xx which is funded through the Penny Surtax under Florida Statute 212.054 and is an acceptable use of Surtax Dollars. Alternatives: Decline the extension request and direct staff to manage the Capital Improvement Programs Project workload. This option would mean that some projects may be delayed. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 1115 of 1174 Grant Amount: Attachments: Type IRE)S()�l LA ti 0 II'l AttacftrTIENI'lt Description IRE)SOkAboin appiroviing IF:::CA E))dE)l['ISiC)In AttachirTIENI'lt 1 C0111SLARaint's Fliroposa�� Page 1116 of 1174 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 5 EXTENSION OF A CONSULTANT AGREEMENT WITH FLORIDA 6 CARIBBEAN ARCHITECTURE, INC (FCA) IN THE AMOUNT OF 7 $192,000.00 FOR PROJECT MANAGEMENT AND PROFESSIONAL 8 ARCHITECTURAL SERVICES FOR THE NEW PUBLIC WORKS FACILITY 9 AND THE RENOVATION AND IMPROVEMENTS TO THE EXISTING 10 BUILDING AND SITE FOR THE NEW UTILITY WATER QUALITY 11 LABORATORY, AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, In May 2018, the City Commission approved Resolution R18-068 for 15 $182,400.00 for Florida Caribbean Architecture (FCA) to provide project management 16 services/owner's representative services for the Town Square projects; and 17 WHEREAS, In December 2020, City Commission approved Resolution R20-146 for 18 $101,250.00 to extend the agreement to include two additional projects (the Utilities Water 19 Quality Laboratory and the New Public Works Facility); and 20 WHEREAS, FCA is needed because the time required to successfully complete 21 projects exceeds the time staff has available. This extension of services will bring the total 22 value of FCA's services to $475,650.00; and 23 WHEREAS, staff is recommending for the City Commission to approve and 24 authorize the Mayor to sign an agreement with Florida -Caribbean Architecture of Boynton Beach, 25 FL for Project Management Services, in the amount of $192,000.00. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 27 OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Florida Caribbean Architecture Consultant Agreement (Project Management Services) - Reso.docx Page 1117 of 1174 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby approve and authorize the Mayor to sign an agreement with Florida -Caribbean 33 Architecture of Boynton Beach, FL for Project Management Services, in the amount of $192,000.00, a 34 copy of which is attached hereto as Exhibit 'W'. 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 19th day of October, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Vice Mayor —Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE YES NO S:\CA\RESO\Agreements\Florida Caribbean Architecture Consultant Agreement (Project Management Services) - Reso.docx Page 1118 of 1174 City of Boynton Beach — Owner's Representative/ Project Manager Florida -Caribbean F IA Arr-Kfrar_.fi_irra May 12, 2021 Mr. Andrew Mack, Assistant City Manager City of Boynton Beach Development Department 100 E. Ocean Avenue P.O. Box 310 Boynton Beach, FL 33435-0310 Re: City of Boynton Beach — Owner's Representative/ Project Manager Dear Mr. Mack: 11odda. Ca Jhhean ArC hlteehVre lnc. 7 1 rwood 1'h ice Boynton Beach 11 ') (¢n ida. 33426 F& 56 D 3(ih 6694 (C) 56 287 5420 (0) amderson¢ 1`carcl�rtect�ureconi www f('AiclxrtrctLuieCo)xlI Florida Caribbean Architecture Inc. (CONSULTANT) appreciates the opportunity and is pleased to provide our proposal for Owner's representative/ Project Management services for the City of Boynton Beach on a "continuing services / as needed" basis. It is our understanding that the City is developing multiple and varying types/ sizes of projects listed in their Capital Improvements Plan. Project Description/ Intent: The intent of the scope of work is for FCA to be the Owner's (City of Boynton Beach) Representative/ Project Manager and act as an extension of the Owner's staff managing the day to day operations of any given project during the design and construction phases. FCA will act as a liaison between the developer, design team and the contractor to ensure that the Owner's best interest are at the heart of every decision made. Scope of Services: It is Florida Caribbean Architecture, Inc. understanding that the scope of work is based on the development of any of the multiple projects the City has identified in their Capital Improvements Plan. The Owner maintains ALL decision making authority and all contractual relationships flow back to the Owner. As an extension of the Owner's staff, the Owner's Representative/ Project Manager interfaces with all project team members, tracking issues and facilitating and expediting solutions. The Owner's Representative/ Project Manager will be responsible for maintaining clear and concise communication, keeping accurate records and thorough documentation throughout all phases of the project. FCA will be responsible for monitoring the following: 1. Preliminary design through final design to ensure that the project scope is achieved 2. The overall project budget 3. Permitting 4. Pre -construction 5. The bidding process 6. Construction related activities, including pay applications 7. Project close-out and occupancy 8. Move management and relocation Florida Caribbean Architecture, Inc. (CONSULTANT) will provide Owner's Representative/ Project Management services noted above. Services include monitoring the following: A. Project Coordination B. Design Phase C. Bidding Phase D. Construction Phase E. Final acceptance and move -in Pagel of 4 Page 1119 of 1174 City of Boynton Beach - Owner's Representative/ Project Manager Tasks: Monitoring of the following: Task A: Project Coordination Monitoring: 1. Project schedule 2. Comprehensive Project Budget 3. Identify roles and responsibilities of each member of the project team 4. Attend all neighborhood zoning and planning approval meetings 5. Provide written and verbal reports to the Owner and other groups as directed 6. Provide advice regarding potential project pitfalls and suggesting solutions Task B: Design Phase Monitoring: 1. Oversee overall Project Coordination 2. Review plans and specifications 3. Value engineering oversite 4. Identify all applications, permits and approvals Task C: Bidding Phase Monitoring: 1. Procurement oversite 2. Bid package preparation and contract Document Review 3. Overseeing selection, delivery and installation of fixtures, furnishings and equipment 4. Bid evaluation 5. Assist in general contractor selection and contract negotiation Task D: Construction Phase Monitoring: 1. Represent the Owner at regular project meetings. 2. Project schedule review and oversite. 3. Monitor construction schedule and alert Owner to conditions that may lead to delays in the completion of work and construction schedule issues. 4. Facilitate timely turnaround of shop drawings and submittals, by architects and vendors. 5. Conduct Project Meetings managing agendas, meeting minutes and action items. 6. On-site oversight construction monitoring to ensure compliance with approved documents. 7. Provide documentation and written record as to the progress, problems and recommended solutions. 8. Monitor status of inspections, change orders, construction changes and shop drawings. 9. Monitor construction to make sure building complies with design and specifications. 10. Communicate with architect's office and Owner regarding the daily progress and problems associated with construction. 11. Review changes as submitted by the contractor with the architect or engineer's office and keep the Owner informed. 12. Advocate on the part of the Owner during dispute, disagreements, modifications, or change orders. 13. Maintain project records in an orderly manner, including - Correspondence - Contract documents - Change orders - Construction change directives - Reports of meetings, etc. 14. Review payment requests with architect's office and Owner. Task E: Final Acceptance & Move -in Monitoring: 1. Coordinate architect, consultant and Owner punch lists as construction nears completion. 2. Review the list of items to be: completed or corrected with the contractor and architect's office for issuance of Certificate of Substantial Completion. 3. Close-out and warranty procedures 4. Coordinate project close-out documentation, including as-builts, warranties, maintenance manuals, testing and demonstrations, etc. Schedule: Page 2 of 4 Page 1120 of 1174 City of Boynton Beach — Owner's Representative/ Project Manager Florida Caribbean Architecture, Inc. shall commence services immediately upon authorization and receipt of "Notice to Proceed" but is subject to adjustments for delays which are beyond the control of FCA. Assumptions: 1. Owner to provide copies of all pertinent information, i.e. design criteria, schedule, scope of work, team chart, etc. 2. Access to site for field inspection by the architect and sub -consultants shall be made available. 3. Any assessment or removal of hazardous or toxic materials shall be handled by others. 4. Any delays in schedule which are outside the control of Florida Caribbean Architecture, Inc. (including reviews and approvals) may constitute a change in schedule and require an amendment to the schedule herein, and may constitute additional services/ compensation. 5. Florida Caribbean Architecture, Inc.'s and its sub -consultants liability for damages will, in the aggregate, not exceed the amount of the fee. This provision takes precedence over any conflicting provision of this or any document incorporated into it or referenced by it. In no event shall Florida Caribbean Architecture, Inc., its officers or any of its sub -consultants be liable for any incidental, indirect, special, punitive, economic or consequential damages, including but not limited to loss of revenue or profits, suffered or incurred by the Owner(s) as a result of this agreement or Florida Caribbean Architecture, Inc.'s performance or non- performance of services pursuant to this agreement. 6. The standard of care applicable to Florida Caribbean Architecture, Inc.'s services will be the degree of skill and diligence normally employed by professional architects or consultants performing the same or similar services at the time Florida Caribbean Architecture, Inc.'s services are performed. Florida Caribbean Architecture, Inc. will perform any services not meeting this standard without additional compensation. 7. The presence or duties of Florida Caribbean Architecture, Inc.'s personnel at a construction site, whether as onsite representatives or otherwise, do not make Florida Caribbean Architecture, Inc. or their personnel in any way responsible for those duties that belong to the Client or its Construction Contractor, or other entities and does not relieve the Construction Contractor or other entities from their obligations, duties and responsibilities, including but not limited to all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work. Florida Caribbean Architecture, Inc.'s personnel have no authority to exercise any control over any Construction Contractor or any other entity in the performance of the work or any health or safety precautions, and have no duty of inspecting, noting, observing, correcting or reporting on health or safety deficiencies at the site, except as related to Florida Caribbean Architecture, Inc.'s own personnel. Compensation for Services: Hourly rate) Compensation shall be as follows: 1. Unless otherwise agreed to with the City, compensation for any given project services described above shall be based on the following: - 40 Hour work week at an hourly rate of $100.00 - Weekly: $4,000.00 - Monthly: $16,000.00 2. Owner has agreed to cover all expenses related to project equipment, supplies and postage where/ when applicable. Payment — In consideration for the services to be rendered by by the Consultant hereunder, Owner agrees to pay Consultant subject to the provisions of this agreement. 1. Consultant will submit monthly invoices to the Owner pursuant to the terms of this agreement. Owner shall pay invoices within 15 days of receipt. 2. Owner will be charged interest at a rate of 1.5% per month or that permitted by law is lesser, on all past due amounts starting 30 days after receipt of invoice. 3. In the event of a disputed billing, only the disputed portion shall be withheld from payment. Owner shall exercise reasonableness in disputing any bill or portion thereof. Termination: Provided that the terminating party is not also in default hereunder, this Agreement may be terminated by any party upon written notice that a material obligation, except for non-payment, has not been performed. The party to whom the written notice is provided shall have thirty (30) days to correct the non-performance of the material obligation or the Page 3 of 4 Page 1121 of 1174 City of Boynton Beach — Owner's Representative/ Project Manager contract shall be deemed terminated. In the event of a non-payment, written notice shall be delivered and the payment identified in the notice shall be made within seven (7) days or the contract shall be deemed terminated. Proof of correction or payment must also be submitted within the respective time periods referenced above. Miscellaneous Provisions: a. No Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the Owner or Consultant. b. Delay and Additional Services: If and to the extent that the time initially established for the Construction Phase of the project, as established by the construction contracts, is extraordinarily exceeded or extended through no fault of the Consultant, compensation for services required for such extended period of Administration of the Construction Contracts shall be computed in the manner set forth for additional services. c. Arbitration: Any controversy or claim arising out of or related to the contract, or the breach thereof, shall first require mandatory mediation. In the event mediation is unsuccessful then it shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and judgement upon the award rendered by the Arbitrator or Arbitrators may be entered in any court having jurisdiction thereof. d. Entire Agreement: This Agreement represents the entire agreement between Owner and Consultant and supersedes all oral and prior negotiations. We thank you for the opportunity to be of service to you on this project. Should you have any questions, please call Mr. Anderson Slocombe, AIA at (561) 308 - 6694. APPROVAL OF SCOPE AND FEES City of Boynton Beach Florida Caribbean Architecture, Inc. Authorizing Signature Authorizing Signature Anderson Slocombe, AIA, NCARB Printed Name Printed Name Title: Title: President Date: 05/12/21 Page 4 of 4 Page 1122 of 1174 10.A. Unfinished Business 10/19/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 10/19/2021 Requested Action by Commission: Monthly update from J KM Developers on the Town Square Project attached. 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 ddEsir:dUlrn Description 1.....eltEsr firorn J IVCD Page 1123 of 1174 2300 Glades Road Suite 202 East Boca Raton, FL 33431 Office: 561-886-6684 Boynton Town Square City Commission Update -Private Sector October 1, 2021 Dear Mayor, Commissioners and City Manager: Mediation between JKM and the City to settle litigation has taken place without resolution. Multiple mediation sessions have resulted in an impasse. Depositions of key individuals have taken place and are ongoing. Trial date is not set, but is likely last quarter of 2021. JKM continues design and permitting efforts on the South Parcel 7. Revised Parcel 7 plans are currently under permit review. Revised site plans for the North and Central buildings have been submitted to the City. South Parcel 7, Parking Garage and Apartments: Pending litigation has negatively affected the prospects of obtaining any project construction financing. To be clear, Banks and Lenders do not close on project financing where the jurisdiction of the project (City of Boynton Beach) has litigation pending against the Borrower, or potential Borrower. Note that the Developer Agreements Section 7 (e) for all of Parcels 2, 3 & 7 require the City to submit to JKM monthly updates in like kind to JKM's update obligation. To date, and since execution of the Developer Agreements in March 2018, the City has never provided the contractually required monthly update to JKM. Please do so. Respectfully submitted, John Markey Page 1124 of 1174 12.A. Legal 10/19/2021 Requested Action by Commission: Proposed Ordinance No. 21-026 - Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements to maintain compliance with FEMA requirements and to maximize the City's National Flood Insurance Program's Community Rating System (CRS) class rating. Explanation of Request: To maintain consistency with new requirements of FEMA, and to keep striving to maximize the City's Community Rating System (CRS) rating, staff proposes and recommends amendments to the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements. The amendments are summarized as follows in bullet format: • Adoption of a definition for Accessory Structure and differentiating it from the existing term and definition applicable to the Zoning Regulations. The new definition and proposed amendments to Article "X" satisfies the requirements of FEMA as well as maintains provisions (i.e. exemption) for certain eligible structures within Special Flood Hazard Areas; • Removal of provisions for, and prohibiting the placement of manufactured homes within the Special Flood High Areas. FEMA does not prohibit mobile homes from the subject areas; however, FEMA provides greater points in the CRS for such regulations; • Removal of terms referencing "Floodway'. The removal of these long-standing terms is a "house- keeping action, as no areas in the City qualify as "Floodways" according to FEMA standards and regulatory system; and • Editing the definition for Market Value, again, for consistency with FEMA's definition. The City recently improved its CRS rating from a Class 6 to a Class 5, which provides a 25 percent discount for flood policies located within the Special Flood Hazard Area and a 10 percent discount for policies located outside of the Special Flood Hazard Area. It is important to note that failure to adopt these proposed amendments to the regulations will automatically result in a lower CRS score and a decreased discount for flood insurance policy holders throughout the City. In quantifiable terms, it would result in the drastic reduction from a Class 5 to a minimum of a Class 8 CRS score, and will reduce the the flood insurance discount from 25 percent to 10 percent in the Special Flood Hazard Area and from 10 percent to 5 percent for policy holders located outside of the Special Flood Hazard Areas. Staff has been working on these proposed amendments in coordination with the State Floodplain Office. The Planning & Development Board heard the subject item at at the board meeting on September 28, 2021, and forwards it to the Commission with a recommendation for approval. How will this affect city programs or services? Proposed amendments further the intent of the City's flood mitigation regulations including increasing compliance with CRS rating criteria. Page 1125 of 1174 Fiscal Impact: None Alternatives: None recommended. Failure to adopt these regulations will result in a lower Community Rating System (CRS) score, and the consequence of a decrease in the discounts currently received by flood insurance policy holders. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description D f firdliir:air CE) f firdliir:a ll'I E) IPE)rtaliir:liir:q to Il:::: llood IPirE)VEN1160111 D Staff IRE)p.:irt Staff IRE)p.:irt Page 1126 of 1174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II, "DEFINITIONS"; AMENDING CHAPTER 4, ARTICLE X, "FLOOD PREVENTION REQUIREMENTS" TO REMOVE REQUIREMENTS FOR MANUFACTURED HOMES IN FLOOD HAZARD AREAS AND TO ADOPT REQUIREMENTS FOR ACCESSORY STRUCTURES; PROVIDING FOR APPLICABILITY, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166 — Municipalities, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104- 008-03 Floodplain Management Requirements for Agricultural Structures and Accessory Structures; and WHEREAS, the City Commission has determined it appropriate to adopt regulations that are consistent with the FEMA Policy to allow issuance of permits for wet floodproofed accessory structures that are not larger than the sizes specified in the FEMA Policy; and WHEREAS, the City of Boynton Beach participates in the National Flood Insurance Program and participates in the NFIP's Community Rating System, a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements; and WHEREAS, the City of Boynton Beach does not allow placement or installation of manufactured homes in flood hazard areas and has determined that it is appropriate to remove requirements for manufactured homes in flood hazard areas from the floodplain management regulations; and 0 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1127 of 1174 31 WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104- 32 008-03 Floodplain Management Requirements for Agricultural Structures and Accessory 33 Structures; and 34 WHEREAS, the City Commission has determined it appropriate to adopt regulations 35 that are consistent with the FEMA Policy to allow issuance of permits for wet floodproofed 36 accessory structures that are not larger than the sizes specified in the FEMA Policy. 37 WHEREAS, the City Commission of the City of Boynton Beach has considered the 38 recommendations and has determined that it is in the best interest of the citizens and 39 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 40 Development Regulations as contained herein. 41 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 42 OF BOYNTON BEACH, FLORIDA, THAT: 43 Section 1. The foregoing whereas clauses are true and correct and are now ratified 44 and confirmed by the City Commission. 45 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1, 46 "General Administration", Article II, Definitions, is hereby amended as follows: 47 Chapter 1. General Administration, Article II. Definitions 48 49 *** *** *** 50 ACCESSORY BUILDING OR STRUCTURE - A detached, subordinate building, the use of 51 which is clearly incidental and related to that of the principal building or use of the land, 52 and which is located on the same lot as that of the principal building or use. Additional 53 design recommendations and/or standards may be applied to the accessory building or 54 structure. See "Flood. Accessory Structure." 55 *** *** *** 2 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1128 of 1174 56 DEVELOPMENT - A single use or combination of uses, proposed or approved, that may 57 include but not be limited to a single-family subdivision, townhomes, rental apartments, 58 condominiums, public facilities, commercial buildings, shopping centers, or industrial 59 projects, possibly of similar design, constructed as a unified community. Development shall 60 also include the meaning given it in F.S. § 380.04, pursuant to a development order or 61 permit. See "Flood, Development." 62 *** *** *** 63 FLOOD (FLOODING) - A general and temporary condition of partial or complete 64 inundation of normally dry land areas from the overflow of inland or tidal waters or the 65 unusual and rapid accumulation of runoff of surface waters from any source. For purposes 66 of Chapter 4, Article X, Flood Prevention Requirements: 67 1. ACCESSORY STRUCTURE - For the floodplain management purposes, a structure used 68 only for parking and storage that is located on the same parcel of property as a principal 69 structure and the use of which is incidental to the use of the principal structure. Note this 70 only pplies to chapter 4 Art X 71 2. 4- ALTERATION OF A WATERCOURSE - A dam, impoundment, channel relocation, 72 change in channel alignment, channelization, or change in cross-sectional area of the 73 channel or the channel capacity, or any other form of modification which may alter, impede, 74 retard or change the direction and/or velocity of the riverine flow of water during 75 conditions of the base flood. 76 3. 2L. ASCE 24 - A standard titled Flood Resistant Design and Construction that is 77 referenced by the Florida Building Code. ASCE 24 is developed and published by the 78 American Society of Civil Engineers, Reston, VA. 79 4. -3-. BASE FLOOD - A flood having a one percent (1%) chance of being equaled or 80 exceeded in any given year. The base flood is commonly referred to as the "one hundred 81 (100) year flood" or the "one percent (1 %) annual chance flood." 82 5. 4, BASE FLOOD ELEVATION - The elevation of the base flood, including wave height, 83 relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum 84 (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). 85 6. -5-. BASEMENT - The portion of a building having its floor subgrade (below ground 86 level) on all sides. 87 7. & BREAKAWAY WALL - A wall that is not part of the structural support of the 88 building and is intended to collapse without causing damage to the elevated portion of the 89 building or the foundation system. 90 8. -7�, COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of 91 Florida pursuant to F.S. § 161.053, and recorded in the official records of the community, 92 which defines that portion of the beach -dune system subject to severe fluctuations based 3 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1129 of 1174 93 on a one hundred (100) -year storm surge, storm waves or other predictable weather 94 conditions. 95 9. 8-. COASTAL HIGH HAZARD AREA - A special flood hazard area extending from 96 offshore to the inland limit of a primary frontal dune along an open coast and any other 97 area subject to high velocity wave action from storms or seismic sources. Coastal high 98 hazard areas are also referred to as "high hazard areas subject to high velocity wave action" 99 or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1 -V30. VE, 100 or V. 101 10. 9- DESIGN FLOOD - The flood associated with the greater of the following two (2) 102 areas: 1) area with a floodplain subject to a one percent (1%) or greater chance of flooding 103 in any year; or 2) area designated as a flood hazard area on the community's flood hazard 104 map, or otherwise legally designated. 105 11. 44 DESIGN FLOOD ELEVATION - The elevation of the "design flood," including 106 wave height, relative to the datum specified on the community's legally designated flood 107 hazard map. In areas designated as Zone AO, the design flood elevation shall be the 108 elevation of the highest existing grade of the building's perimeter plus the depth number 109 (in feet) specified on the flood hazard map. In areas designated as Zone AO where the 110 depth number is not specified on the map, the depth number shall be taken as being equal 111 to two (2) feet. 112 12. 44- DEVELOPMENT - Any man-made change to improved or unimproved real 113 estate, including but not limited to, buildings or other structures, tanks, temporary 114 structures, temporary or permanent storage of equipment or materials, mining, dredging, 115 filling, grading, paving, excavations, drilling operations or any other land disturbing 116 activities. Note this only pplies to chapter 4 Art X 117 13. 4-2L. ENCROACHMENT - The placement of fill, excavation, buildings, permanent 118 structures or other development into a flood hazard area which may impede or alter the 119 flow capacity of riverine flood hazard areas. 120 14. 4� EXISTING BUILDING and EXISTING STRUCTURE - Any buildings and structures 121 for which the "start of construction" commenced before January 3, 1979. 127 1 S. EXPANSION TO AN EXIST-ING MANUPACTURED HOME PARK OP SUBPIVI SON The 128 129 _;;re to be -affixed (iRelwdiRg the iRstall_;#iA_.A of ailities, the 130 4 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1130 of 1174 131 15. 4-& FLOOD DAMAGE -RESISTANT MATERIALS - Any construction material capable of 132 withstanding direct and prolonged contact with floodwaters without sustaining any damage 133 that requires more than cosmetic repair. 134 16. 47-. FLOOD HAZARD AREA - The greater of the following two (2) areas: 1) the area 135 within a floodplain subject to a one percent (1%) or greater chance of flooding in any year; 136 and/or 2) the area designated as a flood hazard area on the community's flood hazard map, 137 or otherwise legally designated. 138 17. 4-& FLOOD INSURANCE RATE MAP (FIRM) -An official map of a community on 139 which the Federal Emergency Management Agency has delineated both the areas of special 140 flood hazard and the risk premium zones applicable to the community. 141 18. 4-9- FLOOD INSURANCE STUDY - The official report provided by the Federal 142 Emergency Management Agency which contains flood profiles, flood boundary-floodway 143 map and water surface elevation of the base flood. 144 19. 24. FLOODPLAIN ADMINISTRATOR -The office or position designated and charged 145 with the administration and enforcement of this chapter (may be referred to as the 146 Floodplain Manager). 147_;;Rd_ the aGlJac-eRt land areas th 148 149 mater s urfaco eleyatiop rnAra +harp A-na (I) feet. 150 22. PLOODWAY EPiEp(DAna�nl�T114S!S AR r,r, ...... -,r aiysis of the 151 152 ; the evalwatie.p sh-all be prepared by a qualified 153 . 154 20. 2-3-.- FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended 155 purpose unless it is located or carried out in close proximity to water, including only 156 docking facilities, port facilities that are necessary for the loading and unloading of cargo or 157 passengers, and ship building and ship repair facilities; the term does not include long term 158 storage or related manufacturing facilities. 159 21. 2-4. HIGHEST ADJACENT GRADE - The highest natural elevation of the ground 160 surface prior to construction next to the proposed walls or foundation of a structure. 161 22. 2-15-. HISTORIC STRUCTURE -Any structure that is determined eligible for the 162 exception to the flood hazard area requirements of the Florida Building Code, Existing 163 Building, Chapter 12 Historic Buildings. 164 23. 2-6-. LETTER OF MAP CHANGE (LOMC) - An official determination issued by FEMA 165 that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. 166 Letters of Map Change include: S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1131 of 1174 167 a. LETTER OF MAP AMENDMENT (LOMA) -An amendment based on technical data 168 showing that a property was incorrectly included in a designated special flood hazard 169 area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that 170 a specific property, portion of a property, or structure is not located in a special flood 171 hazard area. 172 b. LETTER OF MAP REVISION (LOMR) - A revision based on technical data that may 173 show changes to flood zones, flood elevations, special flood hazard area boundaries and 174 floodway delineations, and other planimetric features. 175 c. LETTER OF MAP REVISION BASED ON FILL (LOMR-F) - A determination that a 176 structure or parcel of land has been elevated by fill above the base flood elevation and is, 177 therefore, no longer located within the special flood hazard area. In order to qualify for this 178 determination, the fill must have been permitted and placed in accordance with the 179 community's floodplain management regulations. 180 d. CONDITIONAL LETTER OF MAP REVISION (CLOMR) - A formal review and 181 comment as to whether a proposed flood protection project or other project complies with 182 the minimum NFIP requirements for such projects with respect to delineation of special 183 flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or 184 Flood Insurance Study; upon submission and approval of certified as -built documentation, a 185 Letter of Map Revision may be issued by FEMA to revise the effective FIRM. 186 24. 2-7L. LOWEST FLOOR - The lowest floor of the lowest enclosed area of a building or 187 structure, including basement, but excluding any unfinished or flood -resistant enclosure, 188 other than a basement, usable solely for vehicle parking, building access or limited storage 189 provided that such enclosure is not built so as to render the structure in violation of the 190 non -elevation requirements of the Florida Building Code or ASCE 24. 191 25. 2-9, MARKET VALUE - The price at which a prepert y will ehaRge hands bet w eeR 192 193 bath hay Rg r ^-ble I(Rawledge of r^'^„ -,n+ f -,e As used in Chapter 4, Article X, the 194 term refers to the value of buildings and structures, excluding the land and other 195 improvements on the parcel. Market value is the may be established by a qualified 196 iRdepeRdeRt appraiser. Actual Cash Value in-kind replacement cost depreciated for age, 197 wear and tear, neglect, and quality of construction) determined by a qualified independent 198 appraiser, or the ad valorem tax assessment value adjusted to approximate market value by 199 a factor provided by the Property Appraiser. 200 26. 2-9- NEW CONSTRUCTION - For the purposes of administration of Chapter 4, Article 201 X, and the flood resistant construction requirements of the Florida Building Code, structures 202 for which the "start of construction" commenced on or after January 3, 1979 and includes 203 any subsequent improvements to such structures. 6 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1132 of 1174 204 30. NEW MANUFACTURED HOME PARK (DR SUBDIVISION ArnanwfaEtWeelherne 208 EGrH 9. 209 27. -3-1-.- SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds 210 landward of the beach. 211 28. -3-2-. SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one percent 212 (1%) or greater chance of flooding in any given year. Special flood hazard areas are shown 213 on FIRMs as Zone A, AO, Al, A30, AE, A99, AH, V1, V30, VE or V. 214 29. -3-1- SUBSTANTIAL DAMAGE - Damage of any origin sustained by a building or 215 structure whereby the cost of restoring the building or structure to its before -damaged 216 condition would equal or exceed 50 percent of the market value of the building or structure 217 before the damage occurred. 218 30. -34. SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, alteration, addition, 219 or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 220 of the market value of the structure before the improvement or repair is started, or if the 221 structure has been damaged and is being restored, before the damage occurred. For the 222 purposes of this definition, "substantial improvement" is considered to occur when the first 223 alteration of any wall, ceiling, floor or other structural part of the building commences, 224 whether or not that alteration affects the external dimensions of the structure. The term 225 does not, however, include (1) Any project for improvement of a building required to 226 correct existing health, sanitary, or safety code violations identified by the building official 227 and that are the minimum necessary to assure safe living conditions, or (2) Any alteration of 228 a historic structure provided the alteration will not preclude the structure's continued 229 designation as a historic structure. 230 31. -3-5-. WATERCOURSE - For the purposes of Chapter 4. Article X, a river, creek, stream, 231 channel or other topographic feature in, on, through, or over which water flows at least 232 periodically. 233 *** *** *** 234 MEAN SEA LEVEL - The average elev-atielp of the- felr -;;Il stages ef the tidde. The terr­.. 1-1 235 sir eRyrpe isy.Ai+h Patio-Ral geedetie (Ni_VD) 236 *** *** *** 239 *** *** *** S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1133 of 1174 240 Sections 3. City of Boynton Beach Land Development Regulations, Chapter 4, 241 Article X, "Flood Prevention Requirements", is hereby amended as follows: 242 Chapter 4, Article X. Flood Prevention Requirements 243 244 Sec. 1. General. 245 A. Short Title. This article shall hereafter be known and cited as the "City Flood 246 Prevention Code." 247 B. Purpose and Intent. The purpose of this article and the flood load and flood resistant 248 construction requirements of the Florida Building Code (FBC) are to establish minimum 249 requirements to safeguard the public health, safety, and general welfare and to minimize 250 public and private losses due to flooding through regulation of development in flood 251 hazard areas to: 252 1. a. Minimize unnecessary disruption of commerce, access, and public service during 253 times of flooding; 254 b. Require the use of appropriate construction practices in order to prevent or 255 minimize future flood damage; 256 c. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, 257 storage of equipment or materials, and other development which may increase flood 258 damage or erosion potential; 259 d. Manage the alteration of flood hazard areas, watercourses, and shorelines to 260 minimize the impact of development on the natural and beneficial functions of the 261 floodplain; 262 e. Minimize damage to public and private facilities and utilities; 263 f. Help maintain a stable tax base by providing for the sound use and development 264 of flood hazard areas; 265 g. Minimize the need for future expenditure of public funds for flood control projects 266 and response to and recovery from flood events; 267 h. Meet the requirements of the National Flood Insurance Program (NFIP) for 268 community participation as set forth in the Title 44 Code of Federal Regulations (44 CFR); 269 and 270 i. To ensure that potential homebuyers are notified that property is in a flood area. 271 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article 272 includes methods and provisions that are designed to: 273 a. Restrict or prohibit uses which are dangerous to health, safety and property due to 274 water or erosion hazards, or which result in damaging increases in erosion or in flood 275 heights or velocities; 276 b. Require that uses vulnerable to floods, including facilities which serve such uses, 277 be protected against flood damage at the time of initial construction; 278 c. Control the alteration of natural floodplains, stream channels and natural 279 protective barriers which are involved in the accommodation of flood waters,- 8 aters; 8 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1134 of 1174 280 d. Control filling, grading, dredging and other development which may increase 281 erosion or flood damage; and 282 e. Prevent or regulate the construction of flood barriers which will unnaturally divert 283 flood waters or which may increase flood hazards to other lands. 284 3. This article is intended to be administered and enforced in conjunction with the 285 Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is 286 referenced in the Florida Building Code. 287 C. Administration. 288 1. Administrator. The Building Official is designated the Floodplain Administrator. The 289 Floodplain Administrator shall have the authority to interpret and administer this article and 290 may delegate performance of certain duties to other employees. The Floodplain 291 Administrator shall have the authority to render interpretations of this article consistent with 292 the intent and purpose of this article and may establish policies and procedures in order to 293 clarify the application of its provisions. Such interpretations, policies, and procedures shall 294 not have the effect of waiving requirements specifically provided in this article without the 295 granting of a variance issued in accordance with Chapter 2, Article IV, Section 4. 296 2. Duties. Duties of the administrator or his designee shall include, but not be limited 297 to: 298 a. Review all development permits to determine whether proposed new 299 development will be located in flood hazard areas to assure that the permit requirements of 300 this article have been satisfied. This includes reviewing applications for modifications of any 301 existing development in flood hazard areas. 302 b. Advise permittee that additional federal or state permits may be required, and if 303 specific federal or state permits are known, require that copies of such permits be provided 304 and maintained on file with the development permit. Such permits include but are not 305 limited to: 306 i. The South Florida Water Management District; section 373.036, F.S. 307 ii. Florida Department of Health for onsite sewage treatment and disposal systems; 308 section 381.0065, F.S. and Chapter 64E-6, F.A.C. 309 iii. Florida Department of Environmental Protection for construction, reconstruction, 310 changes, or physical activities for shore protection or other activities seaward of the coastal 311 construction control line; section 161.141, F.S. 312 iv. Florida Department of Environmental Protection for activities subject to the Joint 313 Coastal Permit: section 161.055, F.S. 314 v. Florida Department of Environmental Protection for activities that affect wetlands 315 and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 316 404 of the Clean Water Act. 317 vi. Federal permits and approvals. 318 c. Notify adjacent communities and the state division of emergency management 319 prior to any alteration or relocation of a watercourse, and submit evidence of such 320 notification to the Federal Emergency Management Agency (FEMA). 321 d. Assure that maintenance is provided within the altered or relocated portion of said 322 watercourse so that the flood -carrying capacity is not diminished. 9 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1135 of 1174 323 e. Where interpretation is needed as to the exact location of the boundaries of the 324 areas of special flood hazard (for example, where there appears to be a conflict between a 325 mapped boundary and actual field conditions), the administrator shall make the necessary 326 interpretation. The person contesting the location of the boundary shall be given a 327 reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VIII, 328 Section 1.D.2. 329 f. Determine whether additional flood hazard data shall be obtained from other 330 sources or shall be developed by an applicant. 331 g. Review applications to determine whether proposed development will be 332 reasonably safe from flooding. 333 h. Issue development permits or approvals for development other than buildings and 334 structures that are subject to the FBC, including buildings, structures and facilities exempt 335 from the FBC, when compliance with this article is demonstrated, or disapprove the same in 336 the event of noncompliance. 337 i. Coordinate with and provide comments to the Building Official to assure that 338 applications, plan reviews, and inspections for buildings and structures in flood hazard areas 339 comply with the applicable provisions of this article. 340 3. Substantial Improvement and Substantial Damage Determinations. For applications 341 for building permits to improve buildings and structures, including alterations, movement, 342 enlargement, replacement, repair, change of occupancy, additions, rehabilitations, 343 renovations, substantial improvements, repairs of substantial damage, and any other 344 improvement of or work on such buildings and structures, the Floodplain Administrator, in 345 coordination with the Building Official, shall: 346 a. Estimate the market value, or require the applicant to obtain an appraisal of the 347 market value prepared by a qualified independent appraiser, of the building or structure 348 before the start of construction of the proposed work; in the case of repair, the market 349 value of the building or structure shall be the market value before the damage occurred and 350 before any repairs are made; 351 b. Compare the cost to perform the improvement, the cost to repair a damaged 352 building to its pre -damaged condition, or the combined costs of improvements and repairs, 353 if applicable, to the market value of the building or structure; 354 c. Determine and document whether the proposed work constitutes substantial 355 improvement or repair of substantial damage; and 356 d. Notify the applicant if it is determined that the work constitutes substantial 357 improvement or repair of substantial damage and that compliance with the flood resistant 358 construction requirements of the FBC and this article is required. 359 4. Modifications of the strict application of the requirements of the Florida Building 360 Code. The Floodplain Administrator shall review requests submitted to the Building Official 361 that seek approval to modify the strict application of the flood load and flood resistant 362 construction requirements of the Florida Building Code to determine whether such requests 363 require the granting of a variance pursuant to Chapter 2, Article IV, Section 4. 10 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1136 of 1174 364 5. Notice and Orders. The Floodplain Administrator shall coordinate with appropriate 365 local agencies for the issuance of all necessary notices or orders to ensure compliance with 366 this article. 367 6. Inspections. The Floodplain Administrator shall make the required inspections for 368 development that is not subject to the Florida Building Code, including buildings, structures 369 and facilities exempt from the Florida Building Code ,pd he—r'. The 370 Floodplain Administrator shall inspect flood hazard areas to determine if development is 371 undertaken without issuance of a permit. 372 7. Other Duties. The Floodplain Administrator shall have other duties, including but 373 not limited to: 374 a. Establish, in coordination with the Building Official, procedures for administering 375 and documenting determinations of substantial improvement and substantial damage; 376 b. Require that applicants proposing alteration of a watercourse notify adjacent 377 communities and the Florida Division of Emergency Management, State Floodplain 378 Management Office, and submit copies of such notifications to the Federal Emergency 379 Management Agency (FEMA); 380 c. Require applicants who submit hydrologic and hydraulic engineering analyses to 381 support permit applications to submit to FEMA the data and information necessary to 382 maintain the Flood Insurance Rate Maps (FIRM) if the analyses propose to change base 383 flood elevations, flood hazard area boundaries, or floodway designations; such submissions 384 shall be made within six (6) months of such data becoming available; 385 d. Review required design certifications and documentation of elevations specified 386 by this article and the FBC and this article to determine that such certifications and 387 documentations are complete; 388 e. Notify FEMA when the corporate boundaries of the city are modified; and 389 f. Advise applicants for new buildings and structures, including substantial 390 improvements, that are located in any unit of the Coastal Barrier Resources System 391 established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier 392 Improvement Act of 1990 (Pub. L. 101-590 that federal flood insurance is not available on 393 such construction; areas subject to this limitation are identified on the FIRM as "Coastal 394 Barrier Resource System Areas" and "Otherwise Protected Areas." 395 g. Floodplain Management Records. Regardless of any limitation on the period 396 required for retention of public records, the Floodplain Administrator shall maintain and 397 permanently keep and make available for public inspection all records that are necessary for 398 the administration of this article and the flood resistant construction requirements of the 399 FBC, including FIRM; Letters of Map Change; records of issuance of permits and denial of 400 permits; determinations of whether proposed work constitutes substantial improvement or 401 repair of substantial damage; required design certifications and documentation of 402 elevations specified by the FBC and this article: notifications to adjacent communities, 403 FEMA, and the state related to alterations of watercourses; assurances that the flood 404 carrying capacity of altered watercourses will be maintained; documentation related to 405 appeals and variances, including justification for issuance or denial; and records of 406 enforcement actions taken pursuant to this article and the flood resistant construction IM S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1137 of 1174 407 requirements of the FBC. These records shall be available for public inspection at the 408 Development Department. 409 D. Applicability. 410 1. Scope. This article applies to all development of real property located within the 411 city, including areas of special flood hazard. Development shall include but not be limited 412 to the subdivision of land; filling, grading, and other site improvements and utility 413 installations; construction, alteration, remodeling, enlargement, improvement, replacement, 414 repair, relocation or demolition of buildings, structures, and facilities that are exempt from 415 the Florida Building Code; place eRt ,Rsta'1 9R ^ ^'ac-emept ^f m „4-ae+„r^d- he.m 416 ; installation or replacement of tanks; installation of swimming 417 pools; and any other development. 418 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for Palm 419 Beach County, Florida and Incorporated Areas dated October 5, 2017, and all subsequent 420 amendments and revisions, and the accompanying FIRMs, and all subsequent amendments 421 and revisions to such maps, are adopted by reference as a part of this article and shall serve 422 as the minimum basis for establishing flood hazard areas. Studies and maps that establish 423 flood hazard areas are on file in the Development Department at the city. 424 3. Additional Data to Establish Flood Hazard Area. To establish flood hazard areas and 425 base flood elevations pursuant to this article the Floodplain Administrator may require 426 submission of additional data. Where field surveyed topography prepared by a Florida 427 licensed professional surveyor or digital topography accepted by the community indicates 428 that ground elevations: 429 a. Are below the closest applicable base flood elevation, even in areas not delineated 430 as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area 431 and subject to the requirements of this article and, as applicable, the requirements of the 432 FBC. 433 b. Are above the closest applicable base flood elevation, the area shall be regulated 434 as special flood hazard area unless the applicant obtains a Letter of Map Change (LOMC) 435 that removes the area from the special flood hazard area. 436 E. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions 437 which pertain to the regulations and standards contained herein. 438 F. Rules. 439 1. Compliance. No structure or land shall hereafter be located, extended, converted, or 440 structurally altered without full compliance with the terms of this article and other 441 applicable regulations. 442 2. Abrogation. This article supersedes any ordinance in effect for management of 443 development in flood hazard areas. However, it is not intended to repeal or abrogate any 444 existing ordinances including but not limited to land development regulations, zoning 445 ordinances, stormwater management regulations, or the FBC. In the event of a conflict 446 between this article and any other ordinance, the more restrictive shall govern. This article 447 shall not impair any deed restriction, covenant or easement, but any land that is subject to 448 such interests shall also be governed by this article. 12 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1138 of 1174 449 3. Interpretation. In the interpretation and application of this article all provisions shall 450 be: 451 a. Considered as minimum requirements; 452 b. Liberally construed in favor of the governing body; and 453 c. Deemed neither to limit nor repeal any other powers granted under state statutes. 454 G. Conflict. Whenever the regulations and requirements of this article conflict with any 455 other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most 456 restrictive shall apply, unless otherwise stated herein. The provisions of this article shall not 457 be deemed to nullify any provisions of local, state, or federal law. 458 H. Relief from Requirements. Unless described otherwise, any deviation from the flood 459 prevention regulations contained herein shall require approval of variance application, 460 which is subject to review and approval by the Building Board of Adjustment and 461 Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, 462 Section 4. 463 I. Warning and Disclaimer. The degree of flood protection required by this article and 464 the FBC, as amended by this community, is considered the minimum reasonable for 465 regulatory purposes and is based on scientific and engineering considerations. Larger 466 floods can and will occur. Flood heights may be increased by manmade or natural 467 causes. This article does not imply that land outside of mapped special flood hazard areas, 468 or that uses permitted within such flood hazard areas, will be free from flooding or flood 469 damage. The flood hazard areas and base flood elevations contained in the FIS and shown 470 on FIRM and the requirements of 44 CFR may be revised by the FEMA, requiring this 471 community to revise these regulations to remain eligible for participation in the NFIP. No 472 guaranty of vested use, existing use, or future use is implied or expressed by compliance 473 with this article. This article shall not create liability on the part of the city or by any officer 474 or employee thereof for any flood damage that results from reliance on this article or any 475 administrative decision lawfully made thereunder. 476 477 Sec. 2. City Approval Required. 478 Any owner or owner's authorized agent who intends to undertake any development 479 activity within the scope of this article, which is wholly within or partially within any flood 480 hazard area shall first make application to the Floodplain Administrator or designee and 481 shall obtain the required permit(s) and approval(s). No such permit or approval shall be 482 issued until compliance with the requirements of this article and all other applicable codes 483 and regulations has been satisfied. Flood zone elevation certification shall be required for 484 improvements in applicable flood zones, and reviewed in accordance with the procedures 485 set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that 486 upon its completion, would result in the issuance of a certificate of occupancy. With respect 487 to building and land development permits, the site plan or construction documents for any 488 development subject to the requirements of this article shall be drawn to scale and shall 489 include, as applicable to the proposed development: 490 A. Development in Flood Hazard Areas. 13 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1139 of 1174 491 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base 492 flood elevation(s), and ground elevations if necessary for review of the proposed 493 development. 494 2. Where base flood elevations, or floodway data are not included on the FIRM or in 495 the FIS, they shall be established in accordance with Section 2.B. or Section 2.C. below. 496 3. Where the parcel on which the proposed development will take place will have more 497 than fifty (50) lots or is larger than five (5) acres and the base flood elevations are not 498 included on the FIRM or in the FIS, such elevations shall be established in accordance with 499 Section 2.B. below. 500 4. Location of the proposed activity and proposed structures, and locations of existing 501 buildings and structures; in coastal high hazard areas, new buildings shall be located 502 landward of the reach of mean high tide. 503 5. Location, extent, amount, and proposed final grades of any filling, grading, or 504 excavation. 505 6. Where the placement of fill is proposed, the amount, type, and source of fill material; 506 compaction specifications; a description of the intended purpose of the fill areas; and 507 evidence that the proposed fill areas are the minimum necessary to achieve the intended 508 purpose. 509 7. Delineation of the Coastal Construction Control Line (CCCL) or notation that the site 510 is seaward of the coastal construction control line, if applicable. 511 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such 512 alteration is approved by the Florida Department of Environmental Protection. 513 9. Existing and proposed alignment of any proposed alteration of a watercourse. 514 The Floodplain Administrator is authorized to waive the submission of site plans, 515 construction documents, and other data that are required by this article, but that are not 516 required to be prepared by a registered design professional if it is found that the nature of 517 the proposed development is such that the review of such submissions is not necessary to 518 ascertain compliance with this article. 519 B. Information in Flood Hazard Areas without Base Flood Elevations (Approximate Zone 520 A). Where flood hazard areas are delineated on the FIRM and base flood elevation data 521 have not been provided, the Floodplain Administrator shall: 522 1. Require the applicant to include base flood elevation data prepared in accordance 523 with currently accepted engineering practices. 524 2. Obtain, review, and provide to applicant's base flood elevation and floodway data 525 available from a federal or state agency or other source or require the applicant to obtain 526 and use base flood elevation and floodway data available from a federal or state agency or 527 other source. 528 3. Where base flood elevation and floodway data are not available from another 529 source, where the available data are deemed by the Floodplain Administrator to not 530 reasonably reflect flooding conditions, or where the available data are known to be 531 scientifically or technically incorrect or otherwise inadequate: 532 a. Require the applicant to include base flood elevation data prepared in accordance 533 with currently accepted engineering practices; or 14 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1140 of 1174 534 b. Specify that the base flood elevation is two (2) feet above the highest adjacent 535 grade at the location of the development, provided there is no evidence indicating flood 536 depths have been or may be greater than two (2) feet. 537 4. Where the base flood elevation data are to be used to support a LOMC from FEMA, 538 advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a 539 format required by FEMA, and that it shall be the responsibility of the applicant to satisfy 540 the submittal requirements and pay the processing fees. 541 C. Additional Analyses and Certifications. As applicable to the location and nature of the 542 proposed development activity, and in addition to the requirements of this section, the 543 applicant shall have the following analyses signed and sealed by a Florida licensed engineer 544 for submission with the site plan and construction documents: 545 1. For development activities proposed to be located in a regulatory floodway, a 546 floodway encroachment analysis that demonstrates that the encroachment of the proposed 547 development will not cause any increase in base flood elevations; where the applicant 548 proposes to undertake development activities that do increase base flood elevations, the 549 applicant shall submit such analysis to FEMA as specified in Section 2. C. 6. below and shall 550 submit the Conditional Letter of Map Revision (CLOMR), if issued by FEMA, with the site 551 plan and construction documents. 552 2. For development activities proposed to be located in a riverine flood hazard area for 553 which base flood elevations are included in the FIS or on the FIRM and floodways have not 554 been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative 555 effect of the proposed development, when combined with all other existing and anticipated 556 flood hazard area encroachments, will not increase the base flood elevation more than one 557 (1) foot at any point within the community. This requirement does not apply in isolated 558 flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas 559 identified as Zone AO or Zone AH. 560 3. Where small streams exist, but where no base flood data has been provided or 561 where no floodways have been provided, no encroachments, including fill material or 562 structures, shall be located within a distance of the stream bank equal to five (5) times the 563 width of the stream at the top of bank or twenty (20) feet on each side from top of bank, 564 whichever is greater, unless certification by a Florida registered engineer is provided 565 demonstrating that such encroachments will not result in any increase in flood levels during 566 the occurrence of the base flood discharge. 567 4. For alteration of a watercourse, an engineering analysis prepared in accordance with 568 standard engineering practices which demonstrates that the flood -carrying capacity of the 569 altered or relocated portion of the watercourse will not be decreased, and certification that 570 the altered watercourse shall be maintained in a manner which preserves the channel's 571 flood -carrying capacity; the applicant shall submit the analysis to FEMA as specified in 572 Section 2. C. 6. below. 573 5. For activities that propose to alter sand dunes or mangrove stands in coastal high 574 hazard areas (Zone V), an engineering analysis that demonstrates that the proposed 575 alteration will not increase the potential for flood damage. 576 6. When additional hydrologic, hydraulic or other engineering data, studies, and 577 additional analyses are submitted to support an application, the applicant has the right to 15 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1141 of 1174 578 seek a Letter of Map Change from FEMA to change the base flood elevations, change 579 floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to 580 submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida 581 licensed engineer in a format required by FEMA. Submittal requirements and processing 582 fees shall be the responsibility of the applicant. 583 584 Sec. 3. Minimum Finished Floor Elevation (Non -Flood Hazard Area). 585 The finished floor elevation of all habitable space of new construction not located in a flood 586 hazard area shall be elevated a minimum of twelve (12) inches above the average crown 587 height of the adjacent roadway. The finished floor elevation of all habitable space of 588 building additions and/or substantial improvements not located in a flood hazard area shall 589 be no lower than the existing finished floor elevation. 590 591 Sec. 4. Minimum Lowest Floor in Areas of Indeterminate Drainage (Zone AO). 592 In areas of indeterminate drainage subject to sheet flow (Zone AO), lowest floors shall be at 593 or above the elevation specified in the Florida Building Code or at least 2 feet above the 594 average crown of road, whichever is higher. 595 596 Sec. 5. Specific Requirements by Type of Improvement or Development. 597 A. Site Improvements, Utilities and Limitations. 598 1. General. All proposed new development shall be reviewed to determine that: 599 a. Such proposals are consistent with the need to minimize flood damage and will be 600 reasonably safe from flooding; 601 b. All public utilities and facilities such as sewer, gas, electric, communications, and 602 water systems are located and constructed to minimize or eliminate flood damage; and 603 c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 604 and AO, adequate drainage paths shall be provided to guide floodwaters around and away 605 from proposed structures. 606 2. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, 607 private sewage treatment plants (including all pumping stations and collector systems), and 608 on-site waste disposal systems shall be designed in accordance with the standards for 609 onsite sewage treatment and disposal systems in FAC Chapter 64E-6 and ASCE 24, Chapter 610 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from 611 the facilities into floodwaters, and impairment of the facilities and systems. 612 3. Water Supply Facilities. All new and replacement water supply facilities shall be 613 designed in accordance with the water well construction standards in FAC Chapter 62- 614 532.500 and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the 615 systems. 616 4. Limitations on Placement of Fill. Subject to the limitations of this article, fill shall be 617 designed to be stable under conditions of flooding including rapid rise and rapid drawdown 618 of floodwaters, prolonged inundation, and protection against flood -related erosion and 619 scour. In addition to these requirements, if intended to support buildings and structures 620 (Zone A only), fill shall comply with the requirements of the FBC. 16 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1142 of 1174 621 5. Limitations on Sites in Regulatory Floodways. No development, including but not 622 limited to site improvements, and land disturbing activity involving fill or regrading, shall be 623 authorized in the regulatory floodway unless the floodway encroachment analysis required 624 in Section 2.C.1 of this article demonstrates that the proposed development or land 625 disturbing activity will not result in any increase in the base flood elevation. 626 B. Subdivision Standards. 627 1. General. The following provisions shall apply for all subdivision proposals: 628 a. All subdivision proposals shall be consistent with the need to minimize flood 629 damage. 630 b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, 631 electrical and water systems located and constructed to minimize flood damage. 632 c. All subdivision proposals shall have adequate drainage provided to reduce 633 exposure to flood hazards. 634 d. Base flood elevation data shall be provided for subdivision proposals and other 635 proposed development which contains more than fifty (50) lots or is larger than five (5) 636 acres. 637 e. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 638 and AO, adequate drainage paths shall be provided to guide floodwaters around and away 639 from proposed structures. 640 2. Subdivision Plats. Where any portion of proposed subdivisions, including 641 manufactured home parks and subdivisions, lies within a flood hazard area, the following 642 shall be required: 643 a. Delineation of flood hazard areas, floodway boundaries and flood zones, and 644 design flood elevations, as appropriate, shall be shown on preliminary plats; 645 b. Where the subdivision has more than fifty (50) lots or is larger than five (5) acres 646 and base flood elevations are not included on the FIRM, the base flood elevations 647 determined in accordance with the requirements contained herein; and 648 c. Compliance with the site improvement and utilities requirements contained herein 649 of this article. 650 C. Manufactured Homes. 651 1. Gym Manufactured homes, as defined in Chapter 1, Article II, Definitions, are not 652 permitted in flood hazard areas. All m i-far-+„reel "^^^^s ;^stalle d ;^ fl Ad "azar, Feas 653 654 with the requirements of PAC Chapter I SC-1 -apd- the requirements of this -article. If. leeated 655 656 . 657 658 . 659 I.P. fleed- h-;4-;z-;4.rd- areas (ZeRe A) ether thaR c-eastal high h-a-z-ard- -areas, are desig 660 661 662 663 17 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1143 of 1174 664 b. in coastal high hazard areas (Zene V), are designed in aEEGFdanE 665 foundation requirements of the FBC, Residential SeEtiGn R322.3 666 3. ARGhWiRg. All Hew manufactured hernes and replacement manufactured hern 667 shall be installed using Fnethads and practices which minimize lead damage and sha-11 be 668 securely aRGhGFed te an adequately aRchaFed fauRclatieR system tG resist fletatieR, c-eliapse 669 670 671 672 4. Pevahen. ManufaetWecl hemes that are placed, replaced, GIF substantially iMPFE) 673 . . GIF Seetien ME belaw, as apyKaWe 674 675 be -le", all manufactured hemes that are pKed, Fep-laeed, GIF substantially impFaved 9H sites 676 ; 2) in a Hew FnaRufae 677 ; -3), i.A -AA ellrld.Qmp to -AR existiRg manufactured heme par'( GF 678 WdiYiSiGIR7 GIF 4) in an e5s4iRg manufactured heme par'( GIF SUbdiViSiGIR Up 679 maRufaeturecl heme has ineuxed "substaRtial damage" as the result ef a lead, shall be 680 681 682 See 221 '�T 683 684 , 685 �Rc'WdiRg Ma%factWecl hemes that are placed, replaced, GIF substantially impFaved 9H si 686 687 substaRtinal damage as Fesul-t af leediRg has GGGWFFed, shall be elevated such that eithe 688 689 required, as app-lincab-le te the lead haZaFd area, iR the PBC, Residential Se 690 (ZeRe A) GF See322.3 n„ R e V n; „r 691 692 demeRts af at Nast equivalent st-reRgth that are Rat less than thirty SiX (36) iRC-hes iR 4eig-l# 693 abeve grade. 694 7. OAKS, Wased areas beiew elevated rHaRWfaGtWFed hernes shall eemply w 695 the requirements ef the PBC, Residentiial SeeheR R322 far such endesed ineas, as appkeable 696 te the lead halaFd area. 697 698 699 facilities, shall c-emply with the Fequien,yents af the PBQ Residential SeetieR R322, as 700 appl-icable te the lead 701 D. Tanks. 702 1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to 703 prevent flotation, collapse or lateral movement resulting from hydrodynamic and 704 hydrostatic loads during conditions of the design flood, including the effects of buoyancy 705 assuming the tank is empty. 18 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1144 of 1174 706 2. Above -Ground Tanks, Not Elevated. Above -ground tanks that do not meet the 707 elevation requirements of Section 5.D.3. below shall: 708 a. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, 709 provided the tanks are anchored or otherwise designed and constructed to prevent 710 flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads 711 during conditions of the design flood, including the effects of buoyancy assuming the tank 712 is empty and the effects of flood -borne debris. 713 b. Not be permitted in coastal high hazard areas (Zone V). 714 3. Above -Ground Tanks, Elevated. Above -ground tanks in flood hazard areas shall be 715 attached to and elevated to or above the design flood elevation on a supporting structure 716 that is designed to prevent flotation, collapse or lateral movement during conditions of the 717 design flood. Tank -supporting structures shall meet the foundation requirements of the 718 applicable flood hazard area. 719 4. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be: 720 a. At or above the design flood elevation or fitted with covers designed to prevent 721 the inflow of floodwater or outflow of the contents of the tanks during conditions of the 722 design flood; and 723 b. Anchored to prevent lateral movement resulting from hydrodynamic and 724 hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. 725 E. Buildings and Structures. 726 1. Buildings, structures, and facilities that are exempt from the Florida Building Code. 727 Buildings, structures, and facilities that are exempt from the Florida Building Code, including 728 substantial improvement or repair of substantial damage of such buildings, structures and 729 facilities, shall be designed and constructed in accordance with the flood load and flood 730 resistant construction requirements of ASCE 24. Structures exempt from the Florida Building 731 Code that are not walled and roofed buildings shall comply with the requirements of 732 Section 5.F below. 733 2. Buildings and structures seaward of the coastal construction control line. If 734 extending, in whole or in part, seaward of the coastal construction control line and also 735 located, in whole or in part, in a flood hazard area: 736 a. Buildings and structures shall be designed and constructed to comply with the 737 more restrictive applicable requirements of the Florida Building Code, Building Section 3109 738 and Section 1612 or Florida Building Code, Residential Section R322. 739 b. Minor structures and non -habitable major structures as defined in section 161.54, 740 F.S., shall be designed and constructed to comply with the intent and applicable provisions 741 of this ordinance and ASCE 24. 742 3. Accessory structures. Accessory structures are permitted below the base flood 743 elevation provided the accessory structures are used only for parking or storage and: 744 a. If located in special flood hazard areas (Zone A/AE) other than coastal high hazard 745 areas, are one-story and not larger than 600 sq. ft. 746 b. If located in special flood hazard areas (Zone A/AE) other than coastal high hazard 747 areas, have flood openings in accordance with Section R322.2 of the Florida Building Code, 19 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1145 of 1174 748 Residential. 749 c. If located in coastal high hazard areas (Zone VNE), are not located below elevated 750 buildings and are not larger than 100 sq. ft. 751 d. Are anchored to resist flotation, collapse or lateral movement resulting from flood 752 loads. 753 e. Have flood damage -resistant materials used below the base flood elevation plus 754 one (1) foot. 755 f. Have mechanical, plumbing and electrical systems, including plumbing fixtures, 756 elevated to or above the base flood elevation plus one (1) foot. 757 758 F. Other Development. 759 1. General Requirements for Other Development. All development, including man - 760 made changes to improved or unimproved real estate for which specific provisions are not 761 specified in this article or the Florida Building Code, shall: 762 a. Be located and constructed to minimize flood damage; 763 b. Meet the limitations of Section 5.A.5 of this article if located in a regulated 764 floodway: 765 c. Be anchored to prevent flotation, collapse or lateral movement resulting from 766 hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; 767 d. Be constructed of flood damage -resistant materials; and 768 e. Have mechanical, plumbing, and electrical systems above the design flood 769 elevation or meet the requirements of ASCE 24, except that minimum electric service 770 required to address life safety and electric code requirements is permitted below the design 771 flood elevation provided it conforms to the provisions of the electrical part of building code 772 for wet locations. 773 2. Fences in Regulated Floodways. Fences in regulated floodways that have the 774 potential to block the passage of floodwaters, such as stockade fences and wire mesh 775 fences, shall meet the limitations of Section 5.A.5 of this article. 776 3. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls 777 and sidewalks and driveways that involve the placement of fill in regulated floodways shall 778 meet the limitations of Section 5.A.5 of this article. 779 4. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse 780 crossings, including roads, bridges, culverts, low-water crossings and similar means for 781 vehicles or pedestrians to travel from one side of a watercourse to the other side, that 782 encroach into regulated floodways shall meet the limitations of Section 5.A.5 of this article. 783 Alteration of a watercourse that is part of a road or watercourse crossing shall meet the 784 requirements of Section 2.C.1 of this article, 785 5. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways, 786 Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In coastal high 787 hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, 20 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1146 of 1174 788 walkways, patios and similar nonstructural uses are permitted beneath or adjacent to 789 buildings and structures provided the concrete slabs are designed and constructed to be: 790 a. Structurally independent of the foundation system of the building or structure; 791 b. Frangible and not reinforced, so as to minimize debris during flooding that is 792 capable of causing significant damage to any structure; and 793 c. Have a maximum slab thickness of not more than four (4) inches. 794 6. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the 795 requirements of the Florida Building Code, in coastal high hazard areas decks and patios 796 shall be located, designed, and constructed in compliance with the following: 797 a. A deck that is structurally attached to a building or structure shall have the bottom 798 of the lowest horizontal structural member at or above the design flood elevation and any 799 supporting members that extend below the design flood elevation shall comply with the 800 foundation requirements that apply to the building or structure, which shall be designed to 801 accommodate any increased loads resulting from the attached deck. 802 b. A deck or patio that is located below the design flood elevation shall be 803 structurally independent from buildings or structures and their foundation systems, and 804 shall be designed and constructed either to remain intact and in place during design flood 805 conditions or to break apart into small pieces to minimize debris during flooding that is 806 capable of causing structural damage to the building or structure or to adjacent buildings 807 and structures. 808 c. A deck or patio that has a vertical thickness of more than twelve (12) inches or that 809 is constructed with more than the minimum amount of fill necessary for site drainage shall 810 not be approved unless an analysis prepared by a qualified registered design professional 811 demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that 812 would increase damage to the building or structure or to adjacent buildings and structures. 813 d. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is 814 at natural grade or on nonstructural fill material that is similar to and compatible with local 815 soils and is the minimum amount necessary for site drainage may be approved without 816 requiring analysis of the impact on diversion of floodwaters or wave runup and wave 817 reflection. 818 7. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard 819 areas, development activities other than buildings and structures shall be permitted only if 820 also authorized by the appropriate federal, state or local authority, if located outside the 821 footprint of, and not structurally attached to, buildings and structures; and if analyses 822 prepared by qualified registered design professionals demonstrate no harmful diversion of 823 floodwaters or wave runup and wave reflection that would increase damage to adjacent 824 buildings and structures. Such other development activities include but are not limited to: 825 a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control 826 structures; 827 b. Solid fences and privacy walls, and fences prone to trapping debris, unless 828 designed and constructed to fail under flood conditions less than the design flood or 829 otherwise function to avoid obstruction of floodwaters; and 21 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1147 of 1174 830 c. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as 831 filled systems or mound systems. 832 8. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard 833 areas: 834 a. Minor grading and the placement of minor quantities of nonstructural fill shall be 835 permitted for landscaping and for drainage purposes under and around buildings. 836 b. Nonstructural fill with finished slopes that are steeper than one unit vertical to five 837 units horizontal shall be permitted only if an analysis prepared by a qualified registered 838 design professional demonstrates no harmful diversion of floodwaters or wave runup and 839 wave reflection that would increase damage to adjacent buildings and structures. 840 c. Where authorized by the Florida Department of Environmental Protection or 841 applicable local approval, sand dune construction and restoration of sand dunes under or 842 around elevated buildings are permitted without additional engineering analysis or 843 certification of the diversion of floodwater or wave runup and wave reflection if the scale 844 and location of the dune work is consistent with local beach -dune morphology and the 845 vertical clearance is maintained between the top of the sand dune and the lowest horizontal 846 structural member of the building. 847 848 Sec. 6. Appeals. 849 The Building Board of Adjustment and Appeals shall hear and decide on requests for 850 appeals from the strict application of this article and of the flood resistant construction 851 requirements of the FBC, excluding Section 3109 or latest supplement thereof. 852 853 Sec. 7. Penalties. 854 The city or any other legal authority shall enforce any violation of this article pursuant to 855 the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land 856 Development Regulations. 857 858 Section 4. Each and every other provision of the Land Development Regulations 859 not herein specifically amended, shall remain in full force and effect as originally adopted. 860 Section 5. All laws and ordinances applying to the City of Boynton Beach in 861 conflict with any provisions of this ordinance are hereby repealed. 862 Section 6. Should any section or provision of this Ordinance or any portion 863 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 864 affect the remainder of this Ordinance. 22 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 1148 of 1174 865 Section 7. Authority is hereby given to codify this Ordinance. 866 Section 8. This Ordinance shall become effective immediately. 867 FIRST READING this 19th day of October, 2021. 868 SECOND, FINAL READING AND PASSAGE this day of , 2021. 869 CITY OF BOYNTON BEACH, FLORIDA 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 ATTEST: 885 886 887 888 Crystal Gibson, MMC 889 City Clerk 890 891 892 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE 23 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 1 And 4 Flood Prevention) - Ordinance.Docx YES NO Page 1149 of 1174 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING TO: Chair and Members Planning & Development Board FROM: John Kuntzman Building Official THROUGH: Michael Rumpf Planning and Zoning Administrator DATE: September 24, 2021 RE: Flood Mitigation & CRS Rating (CDRV 21-002) - Approve proposed amendments to the Land Development Regulations, Chapter 1. General Administration, Article II. Definitions, and Chapter 4. Site Development Standards, Article X. Flood Prevention Standards necessary to maintain compliance with FEMA requirements and to maximize the City's CRS rating score. Applicant: City initiated. EXPLANATION The Community Rating System (CRS) is a voluntary program that provides reductions in flood insurance premiums for policy holders in Special flood Hazard Areas located within CRS communities. The City of Boynton Beach recently underwent a CRS audit, and through the collective efforts of Public Works, Utilities and the Building Departments we were elevated from a class 6 to a class 5 rating. This further improvement in the City's rating resulted in a 25% discount floor insurance rates for policy holders in the SFHA. Two terms and definitions that help further describe this system of flood damage reduction are as follows: • Special Flood Hazard Area - The base floodplain delineated on a Flood Insurance Rate Map that a community must regulate under the requirements of the National Flood Insurance Program. These zones are mapped as zones A, AE, AO and AH; and • Non -Special Flood Hazard Areas - Areas of moderate to minimal flood hazard. These zones are mapped as zones B, C and X. In June 2020, FEMA announced a new prerequisite for CRS communities to obtain, maintain or exceed a Class 8 rating. This requirement is that each community must adopt and enforce at least a one -foot "freeboard" for all new residential buildings and substantial improvements and repairs of substantially damaged residential buildings. "Freeboard" is the term that represents the additional required height above the minimum Base Flood Elevation (BFE) as established by FEMA. The City has had a freeboard requirement in place for several years, requiring a minimum of 1 foot added to the minimum finished floor height. The requirement applies to manufactured homes, single family homes, multi -family buildings, machinery and Page 1150 of 1174 WH Update (CDRV 19-008) Memo PZ No. 19-033 equipment such as air conditioners, water heaters and generators, and attached garages and enclosures. Additional descriptions of these terms required by FEMA are as follows. • Freeboard — Is considered a margin of safety added to the Base flood Elevation; and • Base Flood Elevation - The elevation of the crest of the base or 1% annual chance flood (also known as the 100 -year flood). To maintain consistency with the requirements of FEMA, and to keep striving to maximize the City's CRS rating, staff proposes amendments to the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements. The amendments are summarized as follows in bullet format: • Adoption of a definition for Accessory Structure and differentiating it from the existing term and definition applicable to the Zoning Regulations. The new definition and proposed amendments to Article X satisfies the requirements of FEMA as well as maintains provisions (i.e. exemption) for certain eligible structures within a Special Flood Hazard Areas; • Removal of provisions for, and prohibiting the placement of manufactured homes within the Special Flood High Areas. FEMA does not prohibit mobile homes from the subject areas; however, FEMA incentivizes the prohibition by offering greater points in the CRS score; • Removal of terms referencing "Floodway'. The removal of these long-standing terms is a "house -keeping action, as no areas in the City qualify as "Floodways" according to FEMA standards and regulatory system; and • Editing the definition for Market Value, again, for consistency with FEMA's definition. The City has reviewed these proposed amendments with the State Floodplain Office, to confirm consistency with FEMA policies and requirements. The proposed amendments are included in Exhibit "A", shown as crossed -out and underlined text, taken from the City's Code of Ordinances, Part III. Land Development Regulations, Chapter 1. General Administration, Article 11. Definitions, and Chapter 4. Site Development Standards, Article X. Flood Prevention Standards. CONCLUSION/RECOMMENDATION Therefore, staff recommends that the Board support the subject amendments to the City's Land Development Regulations within Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements. It's important to note that failure to adopt these regulations will result in a lower Community Rating System (CRS) score, and the consequence of a decrease in the discount currently received by flood insurance policy holders. In quantifiable terms, the consequence would result in the drastic reduction to a class 9 CRS score, and reduced flood insurance discounts from 25 percent to 5 percent for policy holders in Special Flood Hazard Areas. -2- Page 1151 of 1174 12. B. Legal 10/19/2021 Requested Action by Commission: Consideration of Plaintiff's settlement offer to the City and action to accept, reject, or make counter-offer. Explanation of Request: In the matter of Latosha Clemons v. City of Boynton Beach, which is currently pending in Palm Beach County Circuit Court, Case No.: 50 2021CA004638XXXXMB AE, a settlement offer in the form of a Demand for Judgment was made by the Plaintiff to the City. Pursuant to Fla. Stat. §286.011(8), a shade session was held to present the settlement offer to the Commission. This matter is now before the Commission, in the Sunshine, to formally accept, reject, or make a counter-offer in response to the settlement offer. Should the Commission accept the settlement offer, such acceptance may be conditioned upon Plaintiff signing a General Release. Should the Commission accept the settlement offer, the City does not admit liability in this matter. How will this affect city programs or services? N/A Fiscal Impact: If the Commission approves the settlement, the City will need to process the settlement payment in the amount that is approved. If a settlement is not reached, litigation will continue, and the City will incur the costs of litigation. Alternatives: Reject the settlement. If the City rejects this settlement offer litigation will continue. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1152 of 1174 12.C. Legal 10/19/2021 Requested Action by Commission: Closed Door Session - 8:00 p.m. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney requested a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB Explanation of Request: In attendance will be the City Attorney James Cherof (attending telephonically or through Communications Media Technology (CMT); Assistant City Attorney Gal Betesh; Special Litigation Counsel Thomas Baird and Joanne O'Connor; City Manager Lori LaVerriere; a Court Reporter; the Mayor; and City Commission. We will need approximately 90 minutes. How will this affect city programs or services? N/A Fiscal Impact: The cost of a court reporter which has been budgeted. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1153 of 1174 13.A. Future Agenda Items 10/19/2021 Requested Action by Commission: Draft Ordinance for Disposition of City -owned Property. - November 2, 2021 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: Page 1154 of 1174 13. B. Future Agenda Items 10/19/2021 Requested Action by Commission: Complete Streets Mobility Plan & Technical Report - November 2, 2021 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: Page 1155 of 1174 13.D. Future Agenda Items 10/19/2021 Requested Action by Commission: Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 2, 2021 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: Page 1156 of 1174 13. E. Future Agenda Items 10/19/2021 Requested Action by Commission: Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - November 16, 2021 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: Page 1157 of 1174 13. F. Future Agenda Items 10/19/2021 Requested Action by Commission: National Flood Insurance Program Community Rating System Update - November 16, 2021 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: Page 1158 of 1174 Requested Action by Commission: Sign Code Amendments - November 16, 2021 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: 13.G. Future Agenda Items 10/19/2021 Page 1159 of 1174 13. H. Future Agenda Items 10/19/2021 Requested Action by Commission: Representatives from FI U will present the Diversity & Equity Assessment of City Systems (Internal Assessment) -November 16, 2021 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: Page 1160 of 1174 13.1. Future Agenda Items 10/19/2021 Requested Action by Commission: City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discuss the City's annual Legislative Agenda. - December 7, 2021 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: Page 1161 of 1174 13.J. Future Agenda Items 10/19/2021 Requested Action by Commission: Consultant Presentation of Housing Needs Assessment - December 7, 2021 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: Page 1162 of 1174 13. K. Future Agenda Items 10/19/2021 City of Boynton Beach '• Agenda Item Request Form Commission Meeting Date: 10/19/2021 Requested Action by Commission: Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD Explanation of Request: On July 19, 2021, the City received a letter of intent (see attached Exhibit "A") to purchase the vacant 3.62 acre parcel adjacent to Leisureville and west of SW 8th Street. Property Property Control Number Address or Legal Description PBC Property Appraiser Assessed Value Zoning 29-45-43, E 330.70 FT OF W LY 660.16 FT OF SLY 08-43-45-29-00-000-1040 672.12 FT OF NLY 1252.12 R1 AA -Single 1 FT (LESS N 499.34 FT OF $271,500 Family E 126.90 FT) OF TH PT OF NE 1/4LYGSOFSR 804 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: Real property may be 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. Additionally, members of staff have researched other municipal disposition processes and have attached sample code language (see attached Exhibit "B") to discuss potential changes. How will this affect city programs or services? Disposition of the property may provide new housing in the City and reduce the number of vacant parcels currently being maintained by the City. Fiscal Impact: The sale of the property can potentially increase the City's tax base (new housing) and reduce the maintenance costs associated with vacant lots. The City spent approximately $10,000 last year for the maintenance of the parcel which includes: Lot mowing, trash removal, and tree trimming. Alternatives: Reject the letter of intent. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 1163 of 1174 Is this a grant? Grant Amount: Attachments: Type Ddhilblit 11 ocafion IMalp Alta clhirneint Ddhilblit Description 11 efteir (.)i 11 intent (IDdhilblit ""All") 11 ocafion IMalp Flirolpeirty IDeLilill Sairnple IlMUnliclilpallDisposlifion C.ode 11 aingUage (E)dhilblit "B') Page 1164 of 1174 LETTER OF INTENT TO PURCHASE REAL PROPERTY July 19, 2021 Alan Sperling Alan Sperling LLC. RE: Proposed purchase of CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 This letter constitutes an outline of a proposed transaction between CITY OF BOYNTON BEACH (Seller) and ALAN SPERLING LLC (Buyer), encompassing all land and improvements described below (The Property), the terms of which are intended to be embodied in a formal Agreement of Purchase and Sale (The Agreement) to be submitted by the Buyer. The terms proposed for the Agreement will include, but are not limited to, the following: LEGAL DESCRIPTIONS Proposed Purchase: CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 Purchase Price:The purchase price for the property shall be $300K INCLUDING PROPOSED PUBLIC ROAD CONNECTING ALL CITY DEAD END STREETS RUNNING PARRALEL TO OUR SITES FROM THE FUTHURST SOUTH POINT TO THE MOST NORTHERN CLOSEST TO BOYNTON BEACH BLVD Initial Deposit: Simultaneously with the execution of the Agreement, Buyer shall place with Anaheim Properties, Inc. (as Escrow Agent) an initial deposit at contract of $25K Title and Survey: Ten (10) days after the execution of the Agreement, Seller shall deliver to Buyer a current ALTA survey of the property and a title insurance commitment from a nationally recognized title insurance company in the amount of the Purchase Price. Inspection: Buyer shall have NINETY-120DAYS, (90-120) Days after the execution of the Agreement (the Inspection Period) to conduct, at Buyer's expense, whatever reasonable investigations, analyses and studies of the Property that Buyer deems appropriate. At any time and for any reason during the Inspection Period, Buyer may by giving of written notice to Seller and Escrow Agent, terminate the Agreement and receive the return of his Deposit without and Interest or Deductions. If Buyer elects to proceed with the transaction, Buyer shall Deposit an additional $25K with the Escrow Agent within (5) Business days after the expiration of the Inspection Period. Seller agrees to provide such information as may be required by the Buyer. Representation & Warranties: The Agreement shall contain representations and Warranties of Seller customarily provided by sellers in transactions of this nature. Date of Closing: Closing shall take place no later than THIRTY (30) days following completion of the Inspection Period by the Buyer. Closing shall take place in Palm Beach County. Page 1165 of 117 Access: Buyer, by appointment only, shall have full access to the Property prior to Closing for the purpose of conducting all studies and surveys required by Buyer. To the extent of the deposit, Buyer will hold Seller harmless from and indemnify Seller against any liability or loss by virtue of such entry. Assignability: Buyer reserves the right to assign the Agreement to any entity owned or controlled by or affiliated with Buyer or its principals. Zoning: The Agreement shall be contingent on the Property being properly zoned for the buyers use. Other Provisions: The Agreement shall contain other provisions dealing with such matters as allocation of closing expenses, conditions of closing, delivery of possession, examination of title, prorations of rents and taxes, transfer of Leases, if necessary, warranties and representations of Seller with respect to the Property, and other matters typically found in transactions of this nature. Expenses shall be borne as follows: REQUIREMENT RESPONSIBILITY Survey Title Search Title Insurance Commitment and Policy Documentary Stamps and Surtax Inspection Costs Attorneys' Fees Hazardous Waste Studies Seller Seller Seller Seller Buyer Each pays Own Buyer as to Phase I Seiler as to Phase II, (if necessary) Binding Agreement: It is understood and agreed that this letter is merely a non-binding summary of the terms of a proposed transaction and, while we agree in principle to these terms and conditions and agree to proceed promptly and in good faith to work out a definitive agreement for the transaction, any legal obligations shall arise only as set forth in an executed Agreement signed by both parties. The Agreement shall be in form and substance satisfactory to both of us and will contain all usual and appropriate covenants and conditions. Validity: This proposal shall be valid until AUGUST 1ST, 2021. Per: ALAN SPERLING LLC ACCEPTED AND AGREED TO: By Print name: Title: _ Dated: MIMI Page 1166 of 117 711912021 https://www.pbcgay.org/papa/AspsIPropertyDetaii/PrinterfriendlyPropertyPrint.aspx?parcel=08434529000001040 ;Property Detail.. 1n.........._ ................ .........._.. ......w._w._.........,......_....._....... _,_�, Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page 1315 Sale Date NOV-1990 Legal Description 29-45-43, L 330.70 FT OF WILY 660.16 FT OF SLY 672.12 FT OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG 5 OF SR 804 Owner Information Owners BOYNTON BEACH CITY OF SalesInformation­.._._......................__.M....._..__..__.._._.._....._._.............................. Sales Date Price OR Book/Page NOV-1990 $100 06652 / 01315 ;Exemption Information Applicant/Owner Year 2021 Mailing address PO BOX 310 BOYNTON BEACH FL 33425 0310 Sale Type WARRANTY DEED Detai I Appraisals Tax Year 2020 2019 improvement Value $0 $0 Land Value $271,500 5271 ,500 Total Market Value $271,500 S271,500 AR values are as of January 7 s each year Assessed and Taxable Values Tax Year 2020 2019 Assessed Value $271,500 $271,500 Exemption Amount 8271, 500 $271, 500 Tom. W= V=1i is to $0 Taxes Owner Page 1167 of 117 if ,)II, l�lf� na 1168 of 1174 PAPA Banner l oic,atmm.mmm Addimss SlmualimwiiillCamlllm�y BOYNTON BEACH Emarcclll t oiiiimhm.mlll Ilmaiuiialer, 08-43-45-29-00-000-1040 Snmilnmlln iii^; iiimmmin OltourmalllE.n im.m.mmnh Em.mm.mlllm,: 06652 Emxgc1315 Sale Date NOV-1990 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT I vgAa Um icmilptilim.mmim OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG S OF SR 804 - - - Malliiiming anlmlun,ss Ilmmivrs PO BOX 310 BOYNTON BEACH CITY OF - BOYNTON BEACH FL 33425 0310 Sallks Date I�riiillmv OR Pm.mm.mlllm�"llhxgn° Sallk I"%Iv Ilmmivr, NOV-1990 $100 06652 / 01315 WARRANTY DEED Lanmmmptmm.mmnWar Dee. iiil BOYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT LL I"m.m�alll 0 I�dmmmmmlmmm m�ml Llmnm�.' 0 n' Il�nn� n um mm licsv �� 3.62 8900- RIAA- RIAA SINGLEFAMILY, 5.5 DU/AC Use m.mnla. MUNICIPAL Sim°immmnS (08-BOYNTON BEACH) I"aa Sn a m 2020 "ill l ml 201.14". lmmmpmm.mananemimt Valtic $0 $0 $0 l,amai;l Valmamc $271,500 $271,500 $271,500 I"m.w Aa Mar°lli:nm Valtic $271,500 $271,500 $271,500 All values are as of January 1 st each year I"aa Sn a m° 2020 201 ml 201 14 Assessed Valtic $271,500 $271,500 $271,500 Exc mmmlmtlm.mmim ARnomuummt. $271,500 $271,500 $271,500 I"aaallmin Valtic $0 $0 $0 I"aa Sn a m° 2020 201 ml 20114 Ad VaIllm.mmviii nim $0 $0 $0 dm.mmn Ad VaIllm.mmvminim $0 $0 $0 I"mmtalll taros $0 $0 $0 Page 1169 of 117 Disposal of city real property. (a) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap any real property, improved or unimproved, now owned or hereafter acquired by or owned by the city, as provided herein. These procedures supplement any other procedures that may now or in the future be applicable as provided by law or regulation. (b) Disposal of property which is sufficient in size and of such character as to comprise an independent building site and which will involve a conveyance of the city's fee simple interest. These parcels typically enjoy access to a public right-of-way, and are developable as building sites. (1) Resolution declaring surplus. Before any improved or unimproved property owned by the city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body shall adopt a resolution declaring same surplus. (2) Determination concerning surplus. a. The city governing body shall review and consider the following: 1. The legal description (by reference to a recorded plat or government survey); 2. The property address by street number, if there be any; 3. A description of all improvements located upon the land; 4. How said land has been used since same has belonged to the city; 5. The current use of the property; 6. How the property was acquired and financed; 7. The needs of the city; 8. Whether disposal is consistent with the city comprehensive plan; 9. The estimated property value; 10. Any relevant property history; 11. The property's title; and 12. Whether the disposal of the property is precluded by grant provisions of other agencies. (3) Public hearing. The city governing body shall hold one (1) public hearing prior to adopting a resolution declaring property as surplus. An advertisement for such public hearing shall appear once in a newspaper of general circulation at least ten (10) days prior to the hearing. The advertisement will contain the resolution title and the date, time and place of the hearing. The city clerk shall advertise the proposed resolution for public hearing by placing it on the city council agenda and posting such agenda at least three (3) business days prior to the city council meeting. (4) When appraisals are needed. a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by two (2) independent appraisers, who are designated members of the Appraisal Institute, if the property is estimated to have a value that exceeds one million dollars ($1,000,000.00). b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by one (1) independent appraiser, who is designated member of the Appraisal Institute, if the property is estimated to have a value between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00). c. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) with an estimated value below five hundred thousand dollars ($500,000.00) shall not require an appraisal. 100460579.1306-90018211 Page 1170 of 1174 Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: Where the city acquired the property from Palm Beach County as a result of the tax sale process and is returning such asset to the former owner or its successors and assigns; 2. Where the city transfers the property to another governmental entity or agency; or 3. Where the city is exchanging such real property with the private sector for a replacement parcel determined by the city governing body to have similar utility and where the public interests would be served. (5) Methods of disposal. a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the following methods: negotiation, trade with other governmental entities or agencies, request for letters of intent, sealed bids, or request for proposals. The city may retain professional real estate services to aid in the disposal of property. 1. Negotiation. The city may negotiate the sale of real property with a particular person or entity, and no further advertising will be needed to effect a transfer. 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no more than ninety (90) days after adoption of resolution declaring the property surplus, the land may be offered for public disposition, and a notice shall be published by the city in a newspaper of general circulation in the city once not less than ten (10) days before sealed bids, letters of intent, or proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the disposition price. 3. Transfer to governmental agencies. The city may sell or transfer any of its property to any other governmental agency, if the city governing body determines that: i. A transfer of the property to the other governmental agency shall provide a benefit to the city; and ii. That the terms received by the city are fair and equitable. 4. Land swap with any private or public land owner provided the properties are appraised at substantially the same value. In determining substantial value the City may take into consideration the potential increase in value following the swap. (6) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized in this subsection (b), shall be deposited in the general fund of the city, or such other fund or account of the city as is determined by the finance director. (7) Conveyance. In order to convey property pursuant to this subsection (b) the city governing body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything possibly to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals, or terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate the city governing body to adopt any necessary resolution. 100460579.1306-90018211 Page 1171 of 1174 13. L. Future Agenda Items 10/19/2021 Requested Action by Commission: Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD 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: Page 1172 of 1174 13. M. Future Agenda Items 10/19/2021 Requested Action by Commission: Discuss Building Safety Inspection Program- TBD 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: Page 1173 of 1174 13. N. Future Agenda Items 10/19/2021 Requested Action by Commission: Proposed Ordinance No. 21-025. First Reading. Approve D evelopment Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD 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: Page 1174 of 1174