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Agenda 10-18-22The City of Boynton Beach City Commission Agenda Tuesday, October 18, 2022, 6:00 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Ty Penserga (At Large) Vice Mayor Angela Cruz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Thomas Turkin (District I11) Commissioner Aimee Kelley (District IV) Daniel Dugger, City Manager Michael Cirullo, City Attorney Maylee DeJesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton-beach.org Pagel of 1147 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. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. 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: Page 2 of 1147 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 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 Mavlee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 1147 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Duane Roberts, Calvary Chapel Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin 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 October 15 as White Cane Safety Day. The proclamation will be accepted by John Crossley, Vice President of the National Federation of the Blind (Palm Beach Chapter). B. Proclaim the month of October as National Breast Cancer Awareness Month. The proclamation will be accepted by Lindsay Bennett, Senior Development Manager for the American Cancer Society. C. Presentation by Morris G. "Skip" Miller, Vice Chair of the Housing Leadership Council of Palm Beach County on the County's potential Affordable Housing Bond on the November 2022 ballot. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Legal Expenses - August 2022 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R22-146 - Approve a grant adjustment modification (GAM) for the 2020 Edward Byrne Justice Assistance Grant (JAG). C. Proposed Resolution No. R22-147 - Authorize the City Manager to sign all documents associated with the acceptance and subcontract agreement for the Florida Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement grant. D. Approve an increase to the estimated annual expenditure of the City of Punta Gorda Agreement # R201711/SVC-TIRES/17/18 with Boulevard Tire Center in the amount of $500, increasing the Page 4 of 1147 estimated annual expenditure from $70,000 to $70,500. E. Proposed Resolution No. R22-148 - Approve and authorize the Mayor to sign a First Amendment to Subrecipient Grant Agreement between the Department of Economic Opportunity (DEO) and the City of Boynton Beach (COBB) for Fire Station #2 Hardening Project, Agreement Number 10124. F. Proposed Resolution No. R22-149 - Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) for $43,663 subject to the approval of the City Attorney. G. Proposed Resolution No. R22-150- Amend various FY 2022-23 Capital Project accounts. This request will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Funds (302 & 303) and the Utility Capital Improvement Funds (403 & 404). H. Proposed Resolution No. R22-141 Authorize City Manager to sign piggy -back agreement utilizing the City of Boca Raton invitation to bid (ITB)# 2022-007 with Partnership Landscaping, LLC for landscape maintenance services at the cemetery and mausoleum for an estimated annual cost of $74,200.00 for the extent of the contract. The City of Boca Raton's procurement process satisfies the City's competitive bid requirements. (Postponed at the October 4, 2022 City Commission Meeting.) 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 18, 2022 - "Request for Extensions and/or Piggybacks Under $100,000." Approve the purchase of Extreme Networks maintenance, and licensing from STEPcg of Covington, KY in the amount of $48,841.95, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. K. Approve minutes from the September 22, 2022 City Commission Meeting and Second Budget Hearing, and October 4, 2022 City Commission Meeting. 7. Consent Bids And Purchases Over $100.000 A. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 18, 2022 - "Request for Extensions and/or Piggybacks." B. Approve Amendment No.1 to Task Order UT -2C-03 with CDM Smith Inc. the amount of $320,940.00 for updating the Stormwater Master Plan (SW MP) for the City's Downtown Watershed in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope C awarded by City Commission on August 7, 2018 and renewed on August 20, 2022. C. Proposed Resolution No. R22-142 - Authorize the City Manager to sign an Agreement and Business Associate Agreement with CareATC of Tulsa, OK to provide services required to manage an employee health care clinic, not to exceed $780,000 per fiscal year. (Postponed at the October 4, 2022 City Commission Meeting.) D. Approve donation of $21,300 from the State and Justice Forfeiture Funds to the following non- profit agencies: Connect to Greatness, Inc. ($3,800) Seven Hillz Production Foundation ($1,000) GDBC Entrepreneurship Institute ($3,000) Scholar Career Coaching ($2,000) Boynton Beach Little League ($2,000) The Bill Tome Foundation for Kids & Families ($7,500) National Coalition of 100 Black Women South PBCC, Inc. ($2,000) Page 5 of 1147 E. Proposed Resolution No. R22-143- Approve the renewal of property, casualty, and workers' compensation insurance coverage through Florida Municipal Trust (FMIT) and authorize the City Manager to sign all required documents for the term of the policy: October 1, 2022 through September 30, 2023. (Postponed at the October 4, 2022 City Commission Meeting.) F. Proposed Resolution No. R22-151- Approve Award of Bid No. UTL22-036 for "Lakeside Gardens Utility Stormwater and Water Improvements — Phase II (Grant Funded)" project and authorize the City Manager to sign an Agreement and issue a Purchase Order to the lowest responsive and responsible bidder, B&B Underground Construction Inc. of West Palm Beach, Florida, in the amount of $2,645,441.75 plus a 10% contingency of $264,544.18 if needed, for staff approval of change orders for unforeseen conditions, for a total expenditure of $2,909,985.93 and approve the Utilities Capital Improvement Plan (CIP) roll over of 2,178,478.00 and budget transfer of $731,507.93 for the project. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Resolution R22-145- Declare the City owned vacant property (0.0458 acres) located at 319 NE 12th Avenue, PCN #08-43-45-21-20-002-0182, as surplus and direct staff on desired disposition process to follow. 9. City Manager's Report - None 10. Unfinished Business - None 11. New Business A. Commission discussion on Advisory Boards reporting to the City Commission, requested by Commissioner Kelley. B. Proposed Resolution No. R22-144- Approve and ratify the appointment of Adam Temple as Assistant City Manager - Development Services, pursuant to City Code of Ordinances, Chapter 2, Article II, Section 2-30(b). (Postponed at the October 4, 2022 City Commission Meeting.) 12. Legal A. Proposed Ordinance No. 22-018 - First Reading - Approve modifications (CDRV 22-005) amending the Part III LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article III. Exterior Building and Site Standards (CDRV 22-005), to include requirements for commercial frontage. B. Proposed Ordinance No. 22-019 - First Reading - Approve an ordinance of the City of Boynton Beach Florida amending Article II of Chapter 18 of the Boynton Beach Code of Ordinances entitled Employees' Pension Plan amending section 18-145 City of Boynton Beach Investment Policy for General Employees' Pension Fund; providing for codification conflict severability and an effective date. C. Proposed Ordinance No. 22-020- First Reading - An Ordinance of the City of Boynton Beach Florida amending Article III of Chapter 18 of the Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund amending Section 18-164 to provide for pension contributions by drop members; amending Section 18-175 deferred retirement option plan to provide for 8 -year drop; providing for codification conflict, severability, and an effective date. D. Proposed Ordinance No. 22-021 - First Reading - An Ordinance of the City of Boynton Beach Florida amending Section 18-300 Creation of Consolidated Deferred Retirement Option Plan to exclude Police Officers and Firefighters and to update for recent changes to the IRS Code; Page 6 of 1147 providing for codification conflict, severability, and an effective date. E. Proposed Ordinance No. 22-022 - First Reading - Approve modifications (CDRV 22-006) to Part III. LAND DEVELOPMENT REGULATIONS amending Chapter 2 Land Development Process, Article I I Planning and Zoning Division Services, Section 1. F to allow for an expiration of abandoned applications and Section 7.G to establish a process for Zoning Interpretations and; Chapter 3. Zoning, Article II General Provisions Section 11 to create an exemption for City -owned telecommunication towers used for essential services and; Article 111. Zoning Districts and Overlay Zones, Section 2.13 revising the parameters for permitted Administrative Adjustments; Article IV. Use Regulations, Section D, Footnote 23 to revise the regulations for industrial uses on arterial and collector roadways; Chapter 4. Site Development Standards, Article V. Minimum Off -Street Parking Requirements, Section 3.G to include a sustainable parking ratio for select industrial uses. F. Proposed Ordinance No. 22-023 - First Reading - Amending Chapter 23, Taxation, Assessments and Fees, Article IV, Additional Homestead Exemption, Section 23-54 to increase the additional homestead exemption for low-income senior citizens from $25,000.00 to $50,000.00; and amending section 23-54 by creating a new Section 23-54(b)(3) to add an additional exemption for low-income long-term senior citizens. G. Proposed Ordinance No. 22-024 - First Reading - Approve modifications to reduce building heights in MU -C and MU -4 Zoning Districts (CDRV 22-004) amending Chapter 3. Art III. Sec 1.E Table 3-4. Mixed Use Urban Building and Site Regulations. H. Proposed Ordinance No. 22-017 - First Reading - Tenant Notice and Bill of Rights Ordinance. (Postponed at the October 4, 2022 City Commission Meeting.) 13. Future Agenda Items A. Discuss options for updating the Community Support Funds Policy - November 1, 2022 B. Draft Ordinance on Civility & Decorum - November 1, 2022 C. Discussion on Regulating Vacation Rentals - November 1, 2022 D. Report on the status of infrastructure within the City, requested by Mayor Penserga - November 15, 2022 E. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 2023. F. Legal options for preserving the future park site in the Meadows subdivision as green space, requested by Commissioner Kelley. - TBD 14. Adjournment Notice if a person decides to appeal to any decision made by the City Conurrission with respect to any matter considered at this meeting, He/She will need a record ofthe proceedings and, for such purpose, He/She may need to ensure that a verbatimrecord ofthe proceedings is nude, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 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, prograin, or activity conducted by the city. Please contact the City Clerk's office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the city's web site. Tnfom ation regarding items added to the agenda atter it is published on the city's web site can be obtained fi-om the office of the City Clerk. Page 7 of 1147 3.A. Announcements, Community and Special Events and Presentations 10/18/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/18/2022 Requested Action by Commission: Proclaim October 15 as White Cane Safety Day. The proclamation will be accepted by John Crossley, Vice President of the National Federation of the Blind (Palm Beach Chapter). Explanation of Request: It is important to spread awareness and educate the public about the White Cane Law to keep our City streets safe and provide safe spaces for pedestrians who are blind. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D C. iroclai natlion I.::niirC: cla iinafClion White (:'a ine Safety I[)ay Page 8 of 1147 proclamation WHEREAS, walking is a great form of exercise and reduces carbon emissions; and WHEREAS, pedestrian safety is very important. Greater awareness of the White Cane Law leads to safer, more attentive driving; and WHEREAS, according to the 2020 U.S. Census, there are 42,950 people in Palm Beach County who reported having a vision difficulty; and WHEREAS, the white cane, which every blind citizen of 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, by allowing every blind person to move freely and safely from place to place, makes it possible for the blind to fully participate in 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, drivers must always yield the right-of-way to persons who are blind. When a pedestrian is crossing a street or highway guided by a dog or carrying a white cane (or a white cane with a red tip), vehicles must come to a complete stop; and WHEREAS, the National Federation of the Blind believes in the full capacity of blind people, and has the power, influence, diversity, and determination to help transform dreams into reality by acknowledging that blindness is not the characteristic that defines a person or their future. Every day the Federation raises the expectations of blind people, because low expectations create obstacles between blind people and their dreams. NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 15," day of October, as: White Cane Safety Day 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 4th day of October, Two Thousand Twenty -Two. Ty Penserga, Mayor ATTEST: Maylee Jesus, City Clerk 3.B. Announcements, Community and Special Events and Presentations 10/18/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/18/2022 Requested Action by Commission: Proclaim the month of October as National Breast Cancer Awareness Month. The proclamation will be accepted by Lindsay Bennett, Senior Development Manager for the American Cancer Society. Explanation of Request: How will this affect city programs or services? This will have no affect on City programs or services. Fiscal Impact: There is no fiscal impact to the budget for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Piroclai natlion Description f::Irocllar natiioirn National Ii: ire ast Canceir Awareness Moirntlh Page 10 of 1147 proclamation WHEREAS, Breast Cancer Awareness Month began in 1985 as a partnership between the American Cancer Society and Imperial Chemical Industries Pharmaceuticals (AstraZeneca), and breast cancer is one of the most commonly diagnosed cancers among women; and WHEREAS, many organizations, including the American Cancer Society and Susan G. Komen for a Cure, hold community events promoting awareness and make contributions to raise funds for research providing progress in how breast cancer is diagnosed and treated; and WHEREAS, in 2021, more than 281,550 new cases of breast cancer are expected to be diagnosed; and WHEREAS, nearly 42,000 women die from breast cancer each year in the United States; and WHEREAS, increased breast cancer screening increases early detection; reduces death; increases life expectancy; decreases late -stage cancer diagnoses; and increases five-year survival rates; and WHEREAS, the American Cancer Society recognizes that although great strides have been made in breast cancer awareness and treatment, there remains much more to be accomplished; and WHEREAS, during National Breast Cancer Awareness Month, we recognize all those who know the anguish of breast cancer, and extend our heartfelt concern for all who share the pain and difficulties of this disease. NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of October 2022, as: National Breast Cancer Awareness Month 1N 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 4' day of October, Two Thousand Twenty -Two. Ty Penserga, Mayor ATTEST: Maylee De Jesus, MMC City Clerk 3.C. Announcements, Community and Special Events and Presentations 10/18/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/18/2022 Requested Action by Commission: Presentation by Morris G. "Skip" Miller, Vice Chair of the Housing Leadership Council of Palm Beach County on the County's potential Affordable Housing Bond on the November 2022 ballot. 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 12 of 1147 5.A. Administrative 10/18/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/18/2022 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The attached list contains vacancies on the various Advisory Boards, with the designated Commissioner having the responsibility for the appointment to fill each 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: There is no fiscal impact to the budget for this item. 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 Altachiment D Altachiment D d:tactnnrrnernt D Atta:ncllnmenrt Description IpIpoiic"ntnnric;nnts and Applicants fon,. 10..18 22 i::'aleirimo, Stephen IBu.nililldliing Ii:::toard ofdja.aisu:rm'neirit. Appeals 1.....olpiresto, Ile)caindirlia lRecireatlioirn and IC "airlks Board Pandev, Alisoin Ru:necireatlion and IPairlks Page 13 of 1147 Appointments and Applicants for October 18, 2022 Building Board of Adjustments and Appeals IV Kelley Alt 1 -year term Applicant: Stephen Palermo Education and Youth Advisory Board IV Kelley Student 1 -year term Mayor Penserga Student 1 -year term Applicants: None Historic Resources Preservation Board IV Kelley Reg 2 -year term Mayor Penserga Alt 1 -year term Applicants: None Library Board Mayor Penserga Alt 1 -year term Applicants: None Recreation and Parks Advisory Board III Turkin Reg 2 -year term Applicants: Alexandria Lopresto Alison Pandev Page 14 of 1147 Stanz�ione, Ta�mmy From: City ierk Sent: Friday, September 30, 2022 8:14 AM To: Stanzione, Tanirny Subject: FW: Advisory Board App6ntrnent application, Sent: Tuesday, Septeniber 27, 2022 7:19 PM i To: City Clerk <!CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date Name P.4tric-enm*&� Addres's Emall 09/27/2022 5i61 -374-025i5 1910 sw 14 th ave Bo Mon Beach R 33426 retired Do you reside within the Yes Boynton Beach, City limits? Do you oiwni/manage a business,,,, - 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 bo:ard(s�) and Planning & Developnient 5 years tvae-f? Have you ever been convicted No .vf a crime? If "yes", when and whiere? Advisory Board Building Board of Adjustryient & Appeals I Page 15 of 1147 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 Retired Mechanical engineer. Farniliar with many engineering standards. Served on HOA infrastructure committee, past Treasurer and Director. PBLCA Familiar with computer software, apps, presentations and other. Volunteer Fireman. Play golf, fishing. Professional Memberships Inactive, ASME, AVS, SAE. 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 rnessage has been sent from 67.1.21,27 (United States) at 2022-09-27 18:19:09 on Chrome 105,0-0-0 Entry ID572 Referrer: htt .PfL Form HOSC I I rn.,,L) A gf-raMi WknSqM/!I'L)- .LLm "Lio --E�L'aK�gjjltmen t' Zjl)� L(: wcL Page 16 of 1147 Stanzione, Tammy From: City Clerk Sent Thursday, April 21.ZQ223:26PK4 To: Stanzione, Tammy Subject FW: Advisory Board Appointment application Attachments: Ali_.Lopresto-Resume-2021.docx Frorn:am|9889 <norep|y@123fonnbui|deccom> Sent: Thursday, April 21,2O2J2:47P&4 To: City Clerk <[ityC|erk@bbfius> Subject: Advisory Board Appointment application date 04/21/2022 Name Alexandria LoAresto Phone number 561-704-1718 Address S70SVV25thAve Boynton Beach Florida 3S43S United States Email aml9889L@yahoo.com Current occupation or, if retired, prior Medical Sales Representative occupation Are you a registered ,es Doyou reside within the Boynton Beach Yes City limits? Doyou own/manage a business within City No If "yes", name of business: Are you currently serving oma City No Have you served ona No City board in the pamt'i) |f"yes",which boand(dand when? I NOMMMOMM Page 17 of 1147 Have you ever been convicted ofacrime? if"yes",when and ifappointed 6wthe City Commission to serve as Board Chair or Yes Vice Chair are you m/UUng toserve |mthis Personal Qualifications I am looking to get involved with the City that I was raised in and thought by joiningonemfthe advisory boards that would be a great start, | am mvery successful medical sales representative and currently work in the hospital setting calling on Neurosurgeons and Pediatric Endocrinologists. I served on the Delray Beach Youth Council in High school and several clubs in college at Florida International University. I love to attend the events in downtown Boynton Beach and feel with the new development on the horizon it would be great to get involved now. I also am involved in the Boat Parade and would love to get involved in more planning of events in our city. Feel free to attach/upload anextra sheet orresume. 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 aboard. The message has been sent from 99J1.174.148(United States) z¢2OZ2-Q4-2l13:46:3lonChrome 1OO.O489G.75 Entry |D�538 Referrer: Form Host: Page 18 of 1147 Alexandria M. Lopresto Cell phone: 561-704-1718 578 SW 25h Ave Boynton Beach, FL 33435 AML9889gyahoo.com Education Florida International University, Miami, Fl Bachelor of Science in Hospitality Management, Minor in Global Communications Graduated May 2013 GPA: 3.0 Work Experience Arbor Pharmaceuticals- South Florida March 2020 -Present Hospital Sales Representative- Neurosurgery/Oncology/Biologic Injectables • Sales and Marketing for three branded pharmaceutical products (Gliadel, Triptodur & Nymalize) • Call points include Neurosurgeons, Neuor-oncologists, Hospitals, ICU, Pediatric Endocrinologists, Nursing Staff, Pharmacy Buyers and Clinical Nurse Educators. • Presidents Club 2020- Winner ranked 2"d in the nation • Arbor Star Award 2020 Bio Delivery Sciences- West Palm Beach, Florida March 2019- March 2020 Territory Manager • Sales and Marketing for two branded pharmaceutical products (Belbuca & Symproic) • Call points included Pain Management, Internal Medicine and Neurology. • Created strong relationships with Pain management practices in my territory to grow the baseline of Belbuca films. • Educated physicians and staff on clinical benefits of both branded products as well as assisted with managed care pull through and prior authorizations. • My first full quarter with BDSI (Q2 2019) I exceeded volume for TRx in any previous quarter in the history of the territory. • Managed a territory with the geography of Boca Raton to Vero Beach. Pernix Therapeutics —West Palm Beach, Florida October 2014 -February 2019 Pharmaceutical Specialty Sales Representative • Sales and Marketing of four Branded Pharmaceutical Drugs (Zohydro ER, Silenor, Treximet, Khedezla) to Physicians in the following specialty fields: Internal Medicine, Psychiatry, Primary Care & Neurologists. • Analyzed call and sales reports to establish more efficient and effective strategy • Persuasive communication and interpersonal skills, adept with developing strong and successful relationships with clients • Able to communicate scientific data clearly and concisely to all audiences, including MAs, nurses, nurse practitioners and physicians • Held a 10+ call per day schedule with pharmacy visits • Exceeded quarterly sales goals and demonstrated product growth within my territory • Four quarters in a row exceeded goal of 100% to plan on all three products • Since joining Pernix have held 30'x' in the company or better on national sales rankings based off a sales force of 200 reps Page 19 of 1147 • FY 2017- Ranked 422 out 78 reps in the company • FY 2016- Ranked 46 out of 34 reps in the company • FY 2015- Ranked 429 out 200 reps in the company • Consistently grew sales through account management for four products in the specialties of Internal Medicine, Pain Management, Primary Care & Neurology. • Managed a territory from North Fort Lauderdale to Titusville, Florida. • Member of the Pernix Advisory Council, a board comprised of 12 employees selected by the CEO to represent different areas of the company at quarterly meetings. Pronova Corporation — Broward & Palm Beach County, Florida July 2013 -October 2014 Territory Manager • Sales and Marketing of four Branded Pharmaceutical Drugs (Hemax, Obtrex, Obtrex DHA, Digex NF) to Physicians in the following Specialty fields: OB/GYN, Hematology/Oncology, Gastroenterology & Nephrology • Analyzed call and sales reports to establish more efficient and effective strategy • Persuasive communication and interpersonal skills, adept with developing strong and successful relationships with clients • Able to communicate scientific data clearly and concisely to all audiences, including MAs, nurses, nurse practitioners and physicians • FY 2013 -Ranked 42 out of 25 Reps in the company • FY 2014 -Ranked 42 out of 25 Reps in the company • Held a 10+ call per day schedule with pharmacy visits • Exceeded quarterly and yearly sales goals and demonstrated product growth within my territory • Consistently grew sales in four products in the specialties of OB/GYN, Hematology/Oncology, Gastroenterology, and Nephrology • Held and maintained the second largest territory within Pronova Corporation The Patton Group- Miami, Florida Fashion/Event Production PR Intern • Event Production- Various Clients- Fashion's Night Out • Wrote press releases and pitch letters • Created Media Kits, Time and Actions, Press clippings for clients • Attended client events • Worked Check In and Guest Lists for Client Events • Media Alerts Community Service & Leadership Roles President Delray Beach Youth Council, 2006-2008 Soccer Buddy/ Captain, Boca Raton Top Soccer Association, 2006- Present Team Captain, Atlantic Community High School Women's Golf Team, 2004-2008 Page 20 of 1147 Stanzione, Tammy I-- ---- I From: City Clerk Sent-. Monday, Septernber 26,2022 8:03 AM To: tan lone" Tammy Subject: FW-, Advisory Board Appointment application Sent: Sunday, September 25i, 20i22 9.23 PM To: City Clerk <CityClerk@bbfLus> Today's date 09/25/2022 Name Alison Pandev Phone number 561-212-1479 Address 117 Lancaster rd Boynton, Beach F1 33426 United States Email UA,:d n �de v @va h o o. co m Current occupation or, if Accounting retired, prior occupation Education, Bachelors in business management with, focuis on IHR and bachelors in marketing, Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits?' Do you ow ni/manage a business A within City limits? 47 Are you currently serving on a No C�ity board? Have you served on a City No board in the past? if "Mes", %vl Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Recreation & Parks Board Page 21 of 1147 if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capaicity? Personal Qualifications I spend a lot of time at city of Boynton beach parks. I have a child that has been enrolled in some programs. I have managed million dollar companies and projects throughout my career. I arn PTA Vice President at my sons elementary schooi, Crosspointe elementary. I feel i could bring my experience to elevate the parks and Recs department to where they would like to go if I were to be chosen. Professional Memberships Notary association 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 statennents may be cause The message has been sent frorn 73. x.25.173 (United States) at 2022-09-25 20:22:43 on Whone 15,6,1 Entry ID': 571 Form Host: h,j I 11125J/Lor(L�. '13 ib0dgL.ICon2L5 LI 214J?LvLiqIkI3oaLd-.j\p.pr iu^trnent-A 1gktI0r! Page 22 of 1147 6.A. Consent Agenda 10/18/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/18/2022 Requested Action by Commission: Legal Expenses - August 2022 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received through Risk Management are also included. 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? Grant Amount: Attachments: Page 23 of 1147 Ty pe D AltachirTIE,'Illl D Aftachirneint D Attachirner-A D Attachimeint D Afta(,.A,v-nen( D Aftadhiment D Aftadhiment D Attadhiment Description Goren Cheii-�of I..)oody & Ezirdl August 2022 I Inw.Aces Goren C[ieirof I )oody IE zirol Auquist 2022 Risk 1.....l bIgablloi n linvoices Jolhinsoin Anselh-no Estate of I )avis AUgUst 2022 Olds & Steplheir�s Smith v,,.,, IFlollicu. Officeirs I ie�iriny August 202 II invoice FRobeirts IFReynnollds Geira(,.,i August 2022 linw.Ace Jolhinson Anselimo August 2022 adv. Lflthlrrlate� Bakeiry Mairreiro& Wydeir Smith vn.., IFlolllice Officeirs August 2022 J ones F::bsteir Tbwn Squaire Illitigation August 2022 Page 24 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Special Fire Assessment 08/18/2022 MDC prepare annual assessment resolution for 9/8 hearing ACCOUNT NO: STATEMENT NO: 08/30/2022 MDC review information, misc telephone calls re: status of assessment matters FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.80 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-0005370 43645 HOURS 1.20 0.60 1.80 405.00 TOTAL $405.00 405.00 $405.00 Page 25 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson LABOR - General ACCOUNT NO: STATEMENT NO: HOURS 08/01/2022 SHB Telephone conference with DeGiulio re: pre -d and PRR matters. Review Mora pre -d documents and follow up with Goodrich. 1.30 08/02/2022 SHB Attend pre -d at City Hall. Review additional IA documents. 3.90 08/03/2022 MDC Call with Shana Bridgeman on status of PD labor matters. 0.20 SHB Various correspondence and follow up re: pre -d transcript. 0.20 08/04/2022 SHB Receive and review Mora election of rights. 0.10 08/10/2022 MDC Confer with Shana Bridgeman on status of pending employment matters 0.30 08/12/2022 SHB Draft questions and telephone conference with Jim Stables and employee re: pre -d matters. Attend Mora pre -d conference at City Hall. Discuss various pending matters with Jim Stables. Review and approve appointment letters. 6.10 08/15/2022 MDC review status of potential employee discipline matters 0.20 SHB Discuss discipline and litigation matters with MDC and GB. Review various discipline and municipal policies. 1.40 08/16/2022 SHB Review discipline letter and send comments to Jim Stables. 0.80 MDC Call with Shana Bridgeman on pending matters 0.20 08/17/2022 SHB Discuss discipline matters with Bruce Johnson. Discuss discipline matters with Jim Stables. Review and comment on Baldino investigation documents. 4.10 08/18/2022 MDC confer with Shana Bridgeman on status of employee discipline matters 0.30 SHB Complete review of investigation and telephone conference with Julie Oldbury re: investigation matters. Telephone conference with MDC re: pending discipline matters. Discuss discipline matters with Jim Stables. Discuss discipline matters with Julie Oldbury. 2.50 08/19/2022 MDC misc calls with Shana Bridgeman, review materials and correspondence on pending employee discipline matters 1.20 SHB Discuss various discipline matters with MDC. Discuss discipline matters with Julie Oldbury. Discuss EEOC matters with Julie Oldbury. 0.40 Page: 1 09/07/2022 306-0603180 43646 Page 26 of 1147 Page: 2 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-0603180 STATEMENT NO: 43646 LABOR - General 08/22/2022 MDC follow up on employee discipline matters, review information on City Manager process 08/23/2022 MDC review city manager selection process matters with Quentin re: special meeting SHB Review HR Investigation Cover Memo and send comments to Julie Oldbury. 08/24/2022 MDC confer with Quentin Morgan re: preparation for 8/30 meeting 08/30/2022 QEM Review and research selection process for City manager for special City Commission meeting. 08/31/2022 MDC review materials and misc telephone calls re: City Manager contract preparation, begin preparing form of agreement FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 5.00 $225.00 QUENTIN E. MORGAN 1.00 225.00 SHANA H. BRIDGEMAN 20.90 225.00 08/06/2022 Conference Prestige Reporting Service 08/11/2022 Conference Prestige Reporting Service 08/29/2022 Hearing Prestige Reporting Service Depo TOTAL ADVANCES THRU 08/31/2022 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.50 0.10 0.20 1.00 1.60 26.90 6,052.50 TOTAL $1,125.00 225.00 4,702.50 645.00 362.50 AC7 Cn 7,517.50 $7,517.50 Page 27 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Red Light Cameras HOURS 08/01/2022 PE Updated tracking log. Looked up cases 43 cases on the clerks website. Converted to PDF/A and E -filed 21 notices for 9/13/2022 hearing. Sent prose notices to printer for mailing. 7.00 08/02/2022 PE Prepared attorney notices for 9/13/2022 hearing. Communicated with PD regarding returned notices. 1.70 08/03/2022 SHB Review and approve NOls. 0.40 PE Prepared remaining notices for 9/13/2022 hearing for SHB approval. Converted to PDF/A and e -filed. Sent prose notices to printer for mailing. 6.50 08/08/2022 PE Updated tracking log. Sort organized and prepared 10 notices for 9/13/2022 hearing. Converted to PDF/A and e -filed. Sent prose notices to printer for mailing. 2.20 08/12/2022 PE Sort organized and prepared notices for 10/12/22 hearing. Updated tracking log. 4.50 08/16/2022 PE Made corrections to notices sent prose envelopes to printer for mailing. Changed date. 0.70 SHB Review and approve NOls. 0.40 08/17/2022 PE Converted 21 notices to PDF/A and e -filed. Sent prose notices to printer for mailing. Communicated returned mail with PD. 2.50 08/22/2022 PE Updated tracking log sent returned mail to be approved for amendment and re -file. 1.00 08/23/2022 PE Made corrections to amended notices. Converted to PDF/A and e -filed. Communicated with PD regarding violator addresses. 2.40 SHB Review and approve NOls. 0.30 08/24/2022 SHB Receive and review correspondence re: red light collection letter; review policy and follow up with City. 0.30 08/26/2022 PE Sort and organized 10/12 subpoenas. Communicated with PD regarding returned addresses. 4.90 08/29/2022 PE Updated tracking log. Prepared 4 notices for SHB approval and e -filed. Sent prose notices to printer for mailing. Looked up 58 notices in clerks website. 4.60 Page: 1 09/07/2022 306-0806020 43647 Page 28 of 1147 CITY OF BOYNTON BEACH Red Light Cameras Page: 2 09/07/2022 ACCOUNT NO: 306-0806020 STATEMENT NO: 43647 SHB Discuss upcoming trials and subpoenas with staff. Receive and review returned notices; resend notices to new address. Receive and review NOls. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 1.80 $225.00 PATRICIA EUGENE 38.00 125.00 Photocopies TOTAL EXPENSES THRU 08/31/2022 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.40 39.80 4,750.00 5,155.00 16.80 16.80 5,171.80 $5,171.80 Page 29 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/07/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 43695 Attn: Lynn Swanson General Matters HOURS 08/01/2022 QEM Review of notes and attend agenda review staff meeting. 0.60 QEM Attend office hours and assist staff with various matters. 2.00 SMS Review public ad and notice requirements for demolition and repair of two properties; Review of Civil Plan and discussion related to possible TCE instead of hold harmless. 1.00 SHB Discuss Commission meeting matters with QEM. Various correspondence and discussion re: case settlement matters. 0.60 GB Telephone conference call with SHB regarding Commissioner Turkin's request for all settlements in 2021. Telephone conference calls with City regarding Commissioner Turkin's request for all settlements and losses in 2021. Compiled information and created a chart to respond to Commissioner Turkin's request for all settlements in 2021. Telephone conference call with City regarding Arts Agreement. 1.40 MDC Review and respond to emails. 0.30 MDC Phone call w Quentin Morgan re:: commission meeting. 0.30 08/02/2022 HN Email exchange with Lynn Swanson re: Commissioner Turkin's question as to court losses. 0.20 SHB Follow up with Saleica re: PRR exemption matters. Review and sign appointment letter. Review and sign cemetery deeds. Attend City Commission Meeting. 3.30 SMS Call with staff and draft Temporary Construction Easement with WMI. 1.80 QEM Attend office hours; assist staff with various matters. 1.00 QEM Preparation for and attend City Commission meeting. 3.30 MDC Review and respond to emails. 0.30 MDC Miscellaneous review of public records request and agenda materials. 0.30 GB Emails with City regarding Commissioner Turkin requests for information concerning 2021 settlement and losses. 0.20 08/03/2022 MDC Review and respond to emails. 0.30 SHB Discuss pending matters with MDC. Discuss chronic nuisance hearing matters with staff. 0.60 QEM Review and evaluation of public notice to water system request to publish; respond to staff with suggested revisions; review of follow-up discussion. 1.00 SMS Review and Correspondence related to Unity of Title. 0.50 MDC Miscellaneous phone calls on follow up from commission meeting. 0.70 08/04/2022 MDC Review and respond to emails. 0.30 Page 30 of 1147 Page: 2 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 43695 General Matters HOURS SMS Review, correspondence, and revisions to Temporary Construction Easement with WMI; Review Partial Release of Lien; Call and discussion on Subpeona for Chris Roschek on Broward Case. 1.70 QEM Review of Summary of Actions for August 2, 2022 Commission Meeting; review of notes related to CAO items. 1.20 08/05/2022 MDC Review and respond to emails; review status of agenda materials. 0.60 SMS Discussion and correspondence related to Subpoena of Chris Roschek; Call to discuss agenda item. 0.90 QEM Review and assist staff with agenda review and preparation. 3.00 QEM Review of Parkmobile agreement in preparation for meeting with staff; meet with staff re: agreement. 1.20 08/08/2022 MDC Telephone conference call with Lynn Swanson to review status of pending items; review agenda materials for 8/16; review status of Torocsik public records request 1.00 QEM Continue review of agenda follow-up emails from staff; respond to staff re: agreements for agenda items. 1.00 GB Telephone conference call with City and insurance adjuster regarding Art Agreement. 1.40 QEM Review of email and public records request from Mr. Torocsik. 0.50 SMS Correspondence related to Chris Roschek Witness; Correspondence related to Easement with WMI. 0.60 08/09/2022 MDC review emails on pending matters; review status of agenda items for 8/16 meeting 0.70 QEM Finalize and coordinate with staff agreement for Mid Atlantic piggy -back. 1.90 SMS Review of property and letter related to encroachment in easement; Correspondence related to witness testimony. 0.70 08/10/2022 MDC review emails and agenda materials for 8/16 commission meeting, meet with Quentin Morgan on pending items from when MDC was away, meet with Interim City Manager on pending items, review documents for signature in City Attoreny's Office 3.90 DS Reviewed and revised assetworks saas agreement. 0.50 QEM Review and respond to staff re: Brass (WH22047) and Pipe (WH22048) Bid Legal Questions. 1.80 QEM Meeting with Mr. Cirullo re: pending matters. 0.80 08/11/2022 QEM Review and revise AssetWorks SaaS; transmit a copy to Ms. Swanson for staff review. 1.50 MDC review emails on agenda items and decorum materials, review QPODD matters 0.80 08/12/2022 QEM Review and evaluation of Parkmobile Agreement; telephone conference with Mr. Young re: matter; preparation of draft demand letter for matter. 1.50 MDC review correspondence on outcome of bequest to City Library; review emails on procurement inquiries 0.50 SMS Call to discuss Chat application; Review of Maintenance information for Park; Correspondences on Library Donation; Discussion related to Chat Application. 2.20 SHB Various correspondence re: chronic nuisance matters. Review evidence packet and meet with staff re: upcoming chronic nuisance hearing. 0.70 Page 31 of 1147 Page: 3 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 43695 General Matters HOURS 08/15/2022 MDC review materials and agenda for 9/16 meeting, review request for sunshine 08/16/2022 MDC review emails regarding public records requests; review materials for commission meeting; meet with City staff on commission meeting guidelines; review agenda items for 9/8/22 meeting; prepare for and attend City Commission meeting 8.60 SMS Draft Restoration Easement Agreement at Intracoastal Park and Inca Ponds. 2.20 SHB Attend City Commission Meeting. 4.00 08/17/2022 MDC misc follow up from City Commission meeting, review agenda items for 9/8 meeting 0.90 SHB Attend chronic nuisance hearing at City Hall. 3.00 JFK review correspondence re: public record request; research re: redaction and ADA requirements; telephone call & correspondence with Jennifer Hankins; 0.60 SMS Review Subordination information for FDOT; Correspondence on Temporary Construction Easement. 0.50 08/18/2022 MDC law materials for boards; meet with City Manager on agenda, PBSO media 1.00 SMS release; review ordinance on sale of real property; review and approve form of published notices 3.40 GB Emails with City regarding edits to Art Agreement. Received and reviewed potential sample Art Agreement. Began editing sample art agreement 0.60 SHB provided by insurance broker, David Daley. 1.50 QEM Review and discuss Sunshine law outline for staff with Mr. Cirullo. 0.80 QEM Discuss and review draft disclaimer language with Mr. Swartz re: internal 0.60 staff chat application. 0.60 QEM Review of pending agenda items; follow-up with Ms. Swanson re: items. 0.80 SMS Discussion/review of surplus property; Discussion on review related to Chat Application disclaimer; Correspondence on temporary construction easement. 1.20 SHB Chronic Nuisance - receive and review documents re: Vernon Thompson Trust and follow up with Gayla. 0.30 08/16/2022 MDC review emails regarding public records requests; review materials for commission meeting; meet with City staff on commission meeting guidelines; review agenda items for 9/8/22 meeting; prepare for and attend City Commission meeting 8.60 SMS Draft Restoration Easement Agreement at Intracoastal Park and Inca Ponds. 2.20 SHB Attend City Commission Meeting. 4.00 08/17/2022 MDC misc follow up from City Commission meeting, review agenda items for 9/8 meeting 0.90 SHB Attend chronic nuisance hearing at City Hall. 3.00 JFK review correspondence re: public record request; research re: redaction and ADA requirements; telephone call & correspondence with Jennifer Hankins; 0.60 SMS Review Subordination information for FDOT; Correspondence on Temporary Construction Easement. 0.50 08/18/2022 MDC review emails on pending commission matters, review agenda items 1.00 SMS Research on HIPAA and subpeona; Review of Subordination requests; Review of presentation on building height. 2.70 QEM Review of agenda item updates for A-1 Air Solution Amendment; follow-up with Ms. Swanson re: matter. 0.60 SHB Reasonable accommodation: Receive and review various correspondence re: sale of Recreate Life. Review reasonable accommodation agreement and follow up with Mike Rumpf. 0.60 08/19/2022 MDC review special meeting matters, pending agenda items, review draft comment card forms 0.60 QEM Review and evaluation of draft assignment agreement for Nacarato Trucks. 2.00 GB Finalized Art Agreement and email to City and insurance broker agreement. 1.40 SMS Review of presentation for P & D Board Meeting; Call, discussion, correspondence, and research related to subpoena and HIPAA; Discussion on Temporary Construction Easement. 2.10 QEM Review of revised AssetWorks SaaS agreement from Ms. Swanson; respond with comments to Ms. Swanson re: matter. 1.10 08/22/2022 GB Email to City and insurance broker regarding art agreement. 0.10 n/c Page 32 of 1147 CITY OF BOYNTON BEACH General Matters Page: 4 09/07/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 43695 MDC Call with Mike Rumpf on Costa Casta Center, review related materials; call with Lynn Swanson on pending matters; review status of City Manager special meeting QEM Review and evaluation of email correspondence from staff re: AssetWorks SaaS agreement draft; make additional edits to draft agreement and foward to staff for review. QEM Review and update draft correspondence and follow-up with staff re: park mobile demand letter. SMS Discussion on P & D Board agenda item; Correspondence and discussion on Chat Application disclaimer; Review of revised mangrove restoration agreement; Correspondence related to Subordination of Utility interest. 08/23/2022 MDC review email on development matters; review correspondence re: TRIM notice for city owned property; review status of agenda items for 9/8 meeting QEM Review and respond to staff with comments re: Art in Public Places guidelines. QEM Telephone conference with Mr. Cirullo and Ms. Oldbury re: CM search. SMS Research on tax liability related to foreclosed property; Review of retention schedules for information related to Chat Application; Prepare for, and attend Planning and Development Board Meeting; Correspondence related to CRA Ship Program. JFK correspondence with Jennifer Hankins, Charles Stevens re: public records request SHB Discuss PRR matters with Julie Oldbury. 08/24/2022 SMS Research owner builder exemption for LLC; Correspondence on fire rescue 08/26/2022 MDC review agenda items for 9/8, meet with staff on Costa Costa parking and other development matters; review forms of notices with Lynn Swanson GB Received and reviewed notice of citizens regarding sewer backups caused by tree roots. Emails with City and Tristar regarding the notice. 08/29/2022 MDC review agenda items for 9/8 meeting QEM Review and respond to staff re: Professional Health Administrator procurement project. GB Telephone conference call with City regarding edits to Art Agreement. Implemented edits to Art Agreement and emailed revised agreement to City and insurance broker. SMS Research on non -conforming uses and ordinance language. HOURS 0.50 1.60 0.70 1.60 1.20 2.40 0.60 8.00 0.20 0.10 1.60 0.10 2.20 4.40 1.10 0.20 0.60 1.00 2.70 0.30 1.00 1.00 1.00 0.60 Page 33 of 1147 program. GB Emails with City regarding Art Agreement. MDC Review agenda materials for 9/8 meeting, meet with staff on pending items; QEM Review and evaluation of Building Recertification draft documents; provide comments to staff for review. SHB Reveiw PRR documents and discuss with MDC and Julie Oldbury. JFK correspondence with Jennifer Hankins re: public record matters 08/25/2022 SHB Review and revise Chronic Nuisance Order; transmit to Tanya Guim. MDC review agenda items 08/26/2022 MDC review agenda items for 9/8, meet with staff on Costa Costa parking and other development matters; review forms of notices with Lynn Swanson GB Received and reviewed notice of citizens regarding sewer backups caused by tree roots. Emails with City and Tristar regarding the notice. 08/29/2022 MDC review agenda items for 9/8 meeting QEM Review and respond to staff re: Professional Health Administrator procurement project. GB Telephone conference call with City regarding edits to Art Agreement. Implemented edits to Art Agreement and emailed revised agreement to City and insurance broker. SMS Research on non -conforming uses and ordinance language. HOURS 0.50 1.60 0.70 1.60 1.20 2.40 0.60 8.00 0.20 0.10 1.60 0.10 2.20 4.40 1.10 0.20 0.60 1.00 2.70 0.30 1.00 1.00 1.00 0.60 Page 33 of 1147 Page: 5 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 43695 General Matters HOURS 08/30/2022 MDC review materials re: height ordinance and call with city planning staff; confer 08/31/2022 MDC review 9/8 published agenda; call with code enforcement re: high with Quentin Morgan re: special meeting; review status of agenda, review agenda items for 9/8 meeting, review courtesy posted notice for change of 1.20 QEM meeting date 2.30 QEM Review and evaluation of edited Ingram Library piggyback agreement and 1.20 QEM follow-up with staff re: matter. 2.00 QEM Review and edit BAA for Professional Health Administrator. 1.60 QEM Attend special City Commission meeting. 3.50 SHB Attend City Commission meeting. 1.60 SMS Correspondence on SHIP Agreement; Review of requested partial releases and ownership issues related to title request. 0.90 08/31/2022 MDC review 9/8 published agenda; call with code enforcement re: high Photocopies TOTAL CURRENT WORK 20,224.50 BALANCE DUE $20,224.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 34 of 1147 ridge/bethesda drainage, call with attorney Barbara Hall on proposed height ordinance 1.20 QEM Review and evaluation of comments from staff and agreement re: MALTA (Mid Atlantic Library Alliance). 1.20 QEM Begin review of Agreement to Purchase Networking Equipment and Professional Services from Gray Matter Systems, LLC; correspond with staff re: matter. 1.60 SMS Correspondence and review related to partial releases and ownership of property; Prepare for meeting with Parks and Recreation related to Intracoastal Park and Inca Ponds Restoration and additional facility agreement. 1.30 SHB Review PRR documents and follow up with Julie Oldbury. 1.30 MDC STATEMENT FOR PROFESSIONAL SERVICES RENDERED FOR CURRENT SERVICES RENDERED 142.20 20,224.50 Photocopies TOTAL CURRENT WORK 20,224.50 BALANCE DUE $20,224.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 34 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Litigation Miscellaneous ACCOUNT NO: STATEMENT NO: HOURS 08/10/2022 MDC confer with Quentin Morgan on Ultimate Bakery litigation 0.30 QEM Review of Ultimate Bakery settlement offer; discuss with Mr. Cirullo. 0.50 08/11/2022 QEM Review of correspondence and updates re: Ultimate Bakery matter; correspond with staff and Mr. Hochman. 0.50 08/12/2022 QEM Continue review of Ultimate Bakery matter; discuss matter with Mr. Hochman. 1.40 08/18/2022 MDC Telephone conference call with Julie Oldbury re: Ultimate Bakery litigation 0.30 QEM Review and discuss Ultimate Bakery matter with Ms. Oldbury and Mr. Cirullo. 0.60 08/22/2022 MDC Call with City staff re: Ultimate Bakery litigation, review and revise update memorandum to City Commission 0.60 QEM Review of file and preparation of memorandum re: history of Ultimate Bakery matter; preparation for and meeting with staff re: status of matter. 3.80 08/23/2022 QEM Telephone conference with Mr. Hochman re: Ultimate matter; update confidential memorandum following discussion. 0.70 MDC review status of Ultimate Bakery case and draft memo to Commission 0.20 08/30/2022 QEM Review and respond to Ms. Pinto re: RFP reject all bid form. 0.70 FOR CURRENT SERVICES RENDERED 9.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.40 $225.00 $315.00 QUENTIN E. MORGAN 8.20 225.00 1,845.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9904950 43649 2,160.00 2,160.00 $2,160.00 Page 35 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Town Square Development 08/31/2022 DJD Telephone conference with counsel for E21- FOR 2LFOR CURRENT SERVICES RENDERED TIKAM,(CCDCD U.J. UVVUY TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: HOURS 0.60 0.60 RECAPITULATION HOURS HOURLY RATE TOTAL 0.60 $225.00 $135.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905263 43652 1SOX1 0I 135.00 $135.00 Page 36 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Colonial Estates Utility System 08/17/2022 SMS Review Agreements and attachments provided by Utilities. FOR CURRENT SERVICES RENDERED TIMEKEEPER SEAN M. SWARTZ TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: HOURS 0.70 0.70 RECAPITULATION HOURS HOURLY RATE TOTAL 0.70 $225.00 $157.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905307 43653 W70011 157.50 $157.50 Page 37 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Paradise Bank (Sefton, Howard & Beth, et.al.) ACCOUNT NO: STATEMENT NO: 08/19/2022 SHB Receive and review various correspondence from attorney Jeff Eannarino re: code lien and utility lien. Review file and follow up with Code and Utilities. 08/22/2022 SHB Discuss lien matters with Erin Dunn. Follow up with atty Jeff Eannarino. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.40 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905343 43655 HOURS 0.60 0.80 1.40 315.00 TOTAL $315.00 315.00 $315.00 Page 38 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Lindsey, Idella aka Lindsey, Idell, et., al. (The Bank of NY Mellon, et., al.) 08/19/2022 HN Review of email re: bank's motion for writ of possession. Review of docket. Email to SHB. FOR CURRENT SERVICES RENDERED TIMEKEEPER HEATHER NEEDELMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905391 43656 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 39 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Mangrove Park - Lease from St. Mark's 08/17/2022 MDC update counsel for the diocese on status of city review; follow up with Andrew Mack FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.20 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905412 43659 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 40 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/07/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905420 Boynton Beach FL 33435 STATEMENT NO: 43660 Attn: Lynn Swanson V. Goldberg, Howard (Risk Protection Order) Photocopies 08/01/2022 Hearing Prestige Reporting Service 150.00 Depo 150.00 TOTAL ADVANCES THRU 08/31/2022 150.00 TOTAL CURRENT WORK 982.50 BALANCE DUE $982.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 41 of 1147 HOURS 08/01/2022 SHB Receive and review signed order granting RPO extension; transmit to Det. Gorfido. Discuss hearing matters with GB. 0.20 GB Prepared for and attended hearing on Motion for Extension RPO, plus travel time. 3.50 FOR CURRENT SERVICES RENDERED 3.70 832.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.50 $225.00 $787.50 SHANA H. BRIDGEMAN 0.20 225.00 45.00 Photocopies 08/01/2022 Hearing Prestige Reporting Service 150.00 Depo 150.00 TOTAL ADVANCES THRU 08/31/2022 150.00 TOTAL CURRENT WORK 982.50 BALANCE DUE $982.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 41 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) ACCOUNT NO: STATEMENT NO: :Coil]; 08/03/2022 KLE Conference with Shana Bridgeman re: Nuisance Compliance 0.20 SHB Discuss chronic nuisance release/case closure and bankruptcy matters with KLE and City staff. 0.30 08/15/2022 KLE Review Final Report of Estate 0.30 FOR CURRENT SERVICES RENDERED 0.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 0.50 $225.00 $112.50 SHANA H. BRIDGEMAN 0.30 225.00 67.50 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905432 43663 L1P1YAM� I 180.00 $180.00 Page 42 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) 08/08/2022 MDC confer with Heather Needelman on status of Answer Brief ACCOUNT NO: STATEMENT NO: 08/16/2022 HN Review of notice of hearing on city's motion for writ of possession. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 0.20 $225.00 HEATHER NEEDELMAN 0.10 225.00 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905433 43664 HOURS 0.20 0.10 0.30 67.50 TOTAL $45.00 22.50 67.50 $67.50 Page 43 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Landfill Closure 08/30/2022 MDC review correspondence from FDEP FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905475 43666 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 44 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Bamboo/Palmer Special Assessment HOURS 08/18/2022 DS Reviewed correspondence re: palmer and bamboo properties. Reviewed City Code Section 26-57 and 26-6. Discussed status of bamboo palmer properties with MDC. 0.90 MDC confer with Danielle Schwabe on status of mandatory sewer connections 0.20 08/19/2022 DS Discussed status of bamboo palmer properties with P. Kellner. 0.50 08/22/2022 DS Discussed Bamboo and Palmer status with C. Roschek. Reviewed email to 3705 N. Federal Highway. Drafted Bamboo/Palmer Summary for MDC. 0.70 08/24/2022 DS Reviewed file and drafted email summary to MDC regarding status of compliance. 0.40 08/25/2022 DS Drafted email to C. Rosecheck re: Nigel Development. 0.20 FOR CURRENT SERVICES RENDERED 2.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.20 $225.00 $45.00 DANIELLE SCHWABE 2.70 225.00 607.50 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905495 43668 652.50 652.50 $652.50 Page 45 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/07/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905512 Boynton Beach FL 33435 STATEMENT NO: 43669 Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) HOURS 08/08/2022 HN Drafted index for hearing on City's Motion for Surplus Funds. Review of Clty's motion for surplus funds. Review of Section 162.12, Florida Statutes. Review of mail returned to us because Don Duperault no longer lives at address on court's file. Emailed Don Duperault the Notice of Hearing. 0.70 08/09/2022 HN Drafted cover letter attached to binder for Judge Hafele. Review of City's motion, review of Sterling Land Trust's motion for surplus funds and Judge's order in preparation of hearing on City's motion for surplus funds on Monday. Email to other parties with electronic binder of what was sent to the judge. 1.50 08/12/2022 HN Review of motions for surplus funds, orders, Section 162.12, Florida Statutes in preparation for hearing on Monday. 1.00 08/15/2022 HN Preparation and attendance of hearing on the city's motion for surplus funds. Discussions with MDC. Drafted order. Emailed draft order to MDC for review. Review of MDC's edits on drafted order. Emailed order to counsel for the Sterling Land Trust. Email exchange with Jeff Siskind. Emails to MDC. Phone discussion with Don Duperault. Email proposed order to Don Duperault and Tatiana Duperault. Review of email from Don Duperault. Email exchange with MDC. Emailed MDC status of case. 4.50 MDC confer with HN on preparing for hearing, review and comment on proposed order granting City's motion 0.30 08/16/2022 HN Review of email from Tatiana Duperault 0.10 HN Review of signed order and email to MDC with order. 0.10 08/18/2022 HN Review of email from Hanna Nermine. Phone discussion with Tanya Guim. Discussion with MDC. Phone discussion with SHB. Review of motion for surplus funds and affidavit. Drafted email from Tanya to Hanna and emailed to SHB for review cc MDC for review. Email exchange with SHB. Emailed drafted email to Tanya Guim. Discussion with MDC. Phone discussion with Jeffrey Siskind. 3.40 SHB Various correspondence and discussion with HN and Tanya Guim re: lien matters. 0.30 08/19/2022 HN Review of email from Hanna Nermine and email to MDC and SHB. 0.10 08/30/2022 HN Review of Sterling Land Trust's Motion for a rehearing. Discussion with MDC. Phone discussion with Mara Fredrickson. Phone discussion with Page 46 of 1147 CITY OF BOYNTON BEACH adv. Sterling Village Condominium (Duperault, Don) Page: 2 09/07/2022 ACCOUNT NO: 306-9905512 STATEMENT NO: 43669 Sade Neuforth at Property Appraiser's Office. Email exchange with Sade. Discussion with MDC re: property appraiser's office discussion. Review of document form property appraiser's office. Drafted response in objection to the Trust's motion for rehearing. FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO HEATHER NEEDELMAN SHANA H. BRIDGEMAN 08/09/2022 Fed Ex Federal Express Fed Ex RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 14.00 225.00 0.30 225.00 TOTAL ADVANCES THRU 08/31/2022 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 2.60 14.60 TOTAL $67.50 3,150.00 67.50 3,z00.UU 21.54 21.54 21.54 3,306.54 $3,306.54 Page 47 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson v. JKM BTS Capital, LLC (Declaratory Action) HOURS 08/01/2022 MDC Phone call w Quentin Morgan re: 8/02 executive session. 0.30 08/02/2022 QEM Prepare for and attend executive session 1.00 08/03/2022 MDC Call with Quentin Morgan to update on status following commission meeting. 0.20 08/04/2022 GB Emails with Joanne O'Connor regarding JKM's deposition and case status. Emails with MDC regarding JKM's deposition. 0.30 08/09/2022 MDC Telephone conference call with Tom Baird re: follow up on executive session 0.50 08/11/2022 MDC review draft document 0.30 08/12/2022 MDC review draft motion to continue, call with City Manager re: status 0.60 GB Received and reviewed Motion to Continue from Joanne O'Connor. 0.30 08/15/2022 MDC review revised draft document from Tom Baird; and JKM counsel; prepare for and attend conference call with City co -counsel; attend call with city co -counsel and JKM counsel 2.50 GB Emails with MDC regarding settlement. 0.10 08/16/2022 MDC review documents relating to litigation 0.80 DJD Conference with Michael D. Cirullo; review proposed document 1.20 08/17/2022 MDC follow up with special counsel on shade meeting, status of JKM discussions, confer with DJ Doody and call with special litigation counsel 2.10 DJD Review proposed document participate in conference call with Special Counsel 1.80 08/18/2022 MDC confer with DJD and review documents relating to case, call with JKM lawyers and City co -counsel 0.90 DJD Participate in conference call 0.80 08/19/2022 GB Attended calendar call. 1.00 08/22/2022 MDC review issues related to potential settlement matters 0.30 DJD Review proposal from Tom Baird; review issues potentially related to E21- 1.20 Page: 1 09/07/2022 306-9905525 43670 Page 48 of 1147 Page: 2 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9905525 STATEMENT NO: 43670 v. JKM BTS Capital, LLC (Declaratory Action) Photocopies 08/02/2022 Hearing - Prestige Reporting Service 955.00 Depo 955.00 TOTAL ADVANCES THRU 08/31/2022 955.00 TOTAL CURRENT WORK 6,085.00 BALANCE DUE $6,085.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 49 of 1147 HOURS 08/23/2022 DJD Address open issues with JKM 0.80 08/24/2022 MDC review documents relating to status of negotiations, confer with DJ Doody and correspond with counsel for E2L 0.60 DJD Address issues associated with E2L; address terms of negoations 0.80 08/25/2022 MDC Telephone conference call with special counsel, review revised documents 0.80 GB Received and reviewed pre trial stipulation. 0.30 DJD Telephone conference with Tom Baird and Joanne O'Connor; review negations and document 1.30 08/26/2022 MDC misc t/c on status of case and discussions with plaintiff 0.50 08/28/2022 MDC review emails and information on status of trial and discussions with developers 0.40 08/29/2022 MDC review status of discussions with potential new developer and prepare correspondence to co -counsel, confer with DJ Doody 0.60 08/31/2022 MDC Telephone conference calls regarding project 0.50 FOR CURRENT SERVICES RENDERED 22.80 5,130.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 7.90 $225.00 $1,777.50 MICHAEL D. CIRULLO 11.90 225.00 2,677.50 QUENTIN E. MORGAN 1.00 225.00 225.00 GAL BETESH 2.00 225.00 450.00 Photocopies 08/02/2022 Hearing - Prestige Reporting Service 955.00 Depo 955.00 TOTAL ADVANCES THRU 08/31/2022 955.00 TOTAL CURRENT WORK 6,085.00 BALANCE DUE $6,085.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 49 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Canal Maintenance Special Assessment 08/18/2022 MDC prepare and revise annual assessment resolution FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: HOURS 1.00 1.00 RECAPITULATION HOURS HOURLY RATE TOTAL 1.00 $225.00 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905552 43672 FFAM1l11 225.00 $225.00 Page 50 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Joseph, Vessle Deon (RPO) ACCOUNT NO: STATEMENT NO: 08/31/2022 SHB Various correspondence with Det. Gorfido re: new RPO for Joseph. Open new file. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905563 43673 HOURS 0.40 0.40 90.00 TOTAL $90.00 90.00 $90.00 Page 51 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/07/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905567 Boynton Beach FL 33435 STATEMENT NO: 43674 Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS 08/01/2022 HN Drafting statement of the case in City's reply brief. Review of District Court's corrective order. Review of letter from clerk of 11th Circuit Court to Southern District Court. 1.70 08/02/2022 HN Review of filings in 11th cir court. 0.20 HN Review of Monica Parkinson's message and email to Monica for status on liens attached to subject property. 0.30 08/03/2022 HN Drafting summary of argument in Answer brief. 0.40 08/05/2022 HN Research related to good cause standard, district court's discretion and abuse of discretion standard. Drafting standard of review and summary of argument sections of brief. Drafted argument Sections I and II. Review of case law re: abuse of discretion. 3.00 08/08/2022 HN Review of motion for extension of time. Discussion with MJS re: Answer Brief. 0.30 08/09/2022 HN Edits to Argument in Answer brief. 1.20 08/10/2022 MDC meet with Heather Needelman and review status of Answer Brief and appendix 0.50 HN Meeting with MDC to discuss Appellant's brief. Edits to Answer brief. Research related to cases cited by appellants to support argument that they should have been granted an extension. Review and edits of motion for extension of Time. Email to MDC for review. 2.50 08/11/2022 HN Discussion with MDC re: motion for extension of time. Edit to Motion. Review of clerk's order granting City's motion. 0.30 08/16/2022 HN Comparison of Appellants' appendix and review of district court docket. Edits to answer brief. 2.10 08/17/2022 HN Review of entire record from district court. Added language from record in procedural history in answer brief. Added more language re: standard of review on motion to dismiss. Started Drafting argument that the District Court properly dismissed the 7 counts in first amended complaint. Review of the court's orders dismissing complaints. 2.60 08/19/2022 HN Drafting answer brief relating to Counts 5 and 6. 1.70 Page 52 of 1147 Page: 2 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9905567 STATEMENT NO: 43674 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) 08/23/2022 HN Drafting answer brief. Review all cases cited in brief. Revising argument section to incorporate cases in Appellants' brief. 08/24/2022 HN Drafting answer brief and review of docket. 08/25/2022 HN Finished drafting first draft of answer brief. Emailed draft to MDC and GB. 08/30/2022 GB Email with Tristar regarding appeal status. MDC review draft Answer Brief and confer with Heather Needelman regarding status of appeal HN Meeting with MDC to discuss statement of facts in answer brief. 08/31/2022 HN Drafted memo relating to status of federal case. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 1.20 $225.00 HEATHER NEEDELMAN 24.40 225.00 GAL BETESH 0.10 225.00 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 2.30 2.00 3.20 0.10 0.70 0.20 0.40 25.70 TOTAL $270.00 5,490.00 22.50 5,782.50 5,782.50 $5,782.50 Page 53 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Opioid Litigation ACCOUNT NO: STATEMENT NO: 08/18/2022 MDC review correspondence regarding Palm Beach County MOU for assignment of settlement proceeds, contact counsel for Palm Beach County for clarification FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905587 43675 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 54 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Prime Equity Holdings, LLC (Boynton Beach Hawks, Inc.)(Guy Entienne) ACCOUNT NO: STATEMENT NO: 08/04/2022 HN Review of status of case and of notice of voluntary dismissal. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE HEATHER NEEDELMAN 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905620 43679 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 55 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Indoor Training Facility (PPP) 08/24/2022 SMS Discussion and revisions of terms into Agreement. 08/26/2022 SMS Review/revisions to Indoor Training Facility Agreement. FOR CURRENT SERVICES RENDERED TIMEKEEPER SEAN M. SWARTZ TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 1.80 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905631 43681 HOURS 0.30 1.50 1.80 405.00 TOTAL $405.00 405.00 $405.00 Page 56 of 1147 GOREN.CHEROF.DU0DY&EZROLP.A Attorneys atLaw 3U8oEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (054)771-45OO Poge1 CITY OF BOYNTON BEACH 0901/2022 1O0EOcean Avenue ACCOUNT NO: 306-9905637 Boynton Beach FL 33435 STATEMENT NO: 43260 Attn: Lynn Swanson adv. Quantum Park POA - Robert Fun.Trustee (Bankmpbcy) 0801/2022 KLE Review Notices of Appearance 0.20 080282022 GB Legal research regarding Plaintiff's claims inpreparation for call with City Manager. Drafted outline ofresearch. 3J0 08/03/2022 GB Continued preparing for call with City Manager by conducting legal research regarding Plaintiff s claim and possible defenses. Telephone conference call with KLE regarding legal research. Left voicemail toopposing counsel regarding settlement with insurance company, Email toW1a|indoHayes regard how many Defendants hovmretainedhe, 4.00 KLE Conference with Gal Boieah to prepare for meeting with Chi*fStub|eo 070 08X04/2022 CB Telephone conference call with KLE and City Manager regarding case update. Telephone conference with KLE regarding strategy moving forward. 0.50 KLE Prepare for and attend conference oa|| with Chief Stables, review answer from 25OOQuantum LLC, Quantum Limited Partners, Ltd, review notices of appearance, 1.20 08/05/2022 GB Emui|awith K4o|inde Hayes regarding defense group, Email to KLE providing update from yWu|inda. 0.30 KLE Review Motions toDismiss, Corporate Ownership Statement Filed by . Defendant Republic Western Investments Co, LLC. 0.60 08/08/2022 GB Emai|mwith opposing counsel regarding his settlement with insurance companies. Email to KLE providing update. OAO GB Telephone conference call and emmi|owith opposing counsel regarding settlement. Telephone conference calls and emai|ewith KLE regarding update. Telephone conference call with K4o|indaHayes regarding defense team. Meeting with MDC regarding PWa|inda Hayes. Telephone conference with Interim City Manager regarding matter. Began drafting memo to Interim City Manager and City Commismionregarding matter and outside Counsel. 1,50 KLE Conference with Gal Beteah; review pleadings 0.60 08/09/2022 GB Drafted memorandum toInterim City Manager and City Commission regarding lawsuit and recommendation tohire outside counsel. Email to ~ MDC and KLE enclosing memo for their review. Email to opposing counsel regarding extension of time. Emoi|a with KLE regarding motion for extension of time. Drafted City's Second Motion for Extension ofTime toRespond io Complaint and Order Granting Motion. Email yNudon and Order to KLE for approval. Meeting with KLE regarding edits tomemo, Edits iomamoand Page 57 of 1147 CITY OF BOYNTON BEACH ACCOUNT NO: ~ STATEMENT NO: adv. Quantum Park POA - Robert Furr,Trustee (Bankruptcy)' HOURS email \oMDC enclosing memo for his approval. 2.00 KLE Conference with Gal Beteoh; conference with Cindy Dunn re.- service on F|orida'aOepadmmntofFinonoia|Servioem.neview2ndmodonforextension oftime and agreed order, review and revise memorandum toChief Stables; review pleadings; 0.90 08/10/2022 GB EmaUewith PWsdindeHayes regarding engagement letter. Emcibwith MDC and KLE regarding engagement letter. 0.30 KLE Review engagement letter 0.20 0811/2022 GB Emmlswith yWa|indoHayes regarding engagement letter and motion Vo dismiss. Emai|awith City regard engagement letter. Reviewedemmi|m regarding [)PPOD'ebudget. 0.40 KLE Email from and toMike CiruUore: DP[)DDBudget Ratification and lawsuit; 0.20 08/12/2022 KLE Review pleadings; 0.30 08/15/2022 GB Emalswith YNa|indaHayes regarding Motion WDismiss and strategy ^ moving forward. Emmi|aand telephone conference call with KLE regarding Motion to Dismiss and strategy moving forward. Emai|aand meeting with K4OC regarding Motion ioDismiss and strategy moving forward. Received and reviewed draft Motion toDismiss and provided comments (oK4a|inda Hayes. 1.00 KLE Review Answer and Affirmative Defenses ioComp|ainiFi|edbyDTS Properties ||. LLC. RMS Properties, LLC.; review and revise draft Motion 0u Dismiss from yNa|indo.conference with Gal Bmtaeh;review Objections iu Claims from Ma|inda; review Response to Complaint Filed by Defendant Duke PGC utQuantum 1'A.LLC; review (]POOOrdinance and Restrictive ^ Covenants; review Motions toDismiss 2.60 08/17/2022 KLE Review Motion (oDismiss filed byDefendant Po|mmad.LLC O.@O 08/18/2022 MDC Telephone conference call with bankruptcy counsel onstatus ofcase, potential settlement 0.20 GB Prepared for and participated in telephone conference call regarding status and settlement with MDC and attorney K4m|indaHayes, Email hoMDC and KLE enclosing filed Motion toDismiss and Notice ofAppearance by yNm|inda. Emai|m with K4u|inda Hayes regarding substitution of counsel. 0.80 KLE Review Joint Motion to Reconsider Order onApplication tuEmploy by Pu|amadLLC and Parkside TownhomaeHOA 8.80 08/1988022 GB Received and reviewed Motion LoReconsider appointing Irwin msattorney ~ for Trustee. Email to KLE enclosing motion. 0.30 08/23/2022 GB Emmi|ewith City regarding Order Setting Scheduling Conference and Establishing Procedures and Deadlines. Email hoattorney [Na|inda Hayes regarding Order Setting Scheduling Conference and Establishing Procedures and Deadlines. Emai|mwith attorney [Na|indaHayes regarding settlement. Emai|awidh MDC and KLE regarding settlement. 0.40 08/26V2022 GB Emai|ewith attorney Mo|indaHayes regarding settlement. Received and ' reviewed settlement excel sheet. Conversations with MDC regarding settlement proposal. 0.30 KLE Review settlement from K4mUndmHayes; 0.30 PaQm:2 OQ01/2O22 306-9905637 43260 Page 58 of 1147 Page: 3 CITY OF8OYNTONBEACH 09/01/2022 ACC0UNTND: 306-9905837 STATEMENT NO: 43260 adv. Quantum Park POA - Robert Fun.Trustee (Bonkmpkcy) 08/30/2022 MDC review proposed settlement information and confer with Kerry Ezro| 08/31/2022 MDC review *nmi|aand pleadings onstatus ofmediation and potential resolution of claims GB Emui|e with Ma|inda regarding aott|em*nt, possible mediation, and Plaintiffs Motion for Status Conference. Emai|awith KLE and MDC regarding settlement, possible mediation, and Plaintiffs Motion for Status Conference. Received and reviewed Plaintiffs Motion for Status Conference. KLE Review email from Melinda Hayes, conference with Gal Beteah ~ FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE KERRY L. EZR0L 9 .50 $225.00 MICHAEL D. C|RULLO 0.70 225�00 GALBETE3H 16.10 225�00 HOURS 0.60 030 26.30 TOTAL $2.13730 157.50 3'G22�6O 5,917.50 07/21/20X22 Bankruptcy Mail Service 55.69 08/11/2022 Bankruptcy Mail Service 46.98 Service Process 102.67 TOTAL ADVANCES THRUOQ/3l/2022 102.67 TOTAL CURRENT WORK 8.020.17 - BALANCE DUE $6.020�17 ����~ AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 59 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/07/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905642 Boynton Beach FL 33435 STATEMENT NO: 43685 Attn: Lynn Swanson v. Wunsch, Jeffrey (RPO) 08/10/2022 Fed Ex Federal Express 29.76 Fed Ex 29.76 TOTAL ADVANCES THRU 08/31/2022 29.76 TOTAL CURRENT WORK 254.76 BALANCE DUE $254.76 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 60 of 1147 HOURS 08/03/2022 SHB Follow up with Det. Gorfido re: Respondent location and service of TRPO. 0.10 08/11/2022 SHB Receive and review FedEx confirmation; follow up with Det. Gorfido re: out-of-state service. 0.30 08/12/2022 SHB Follow up with Det. Gorfido re: out-of-state service of TRPO. 0.10 08/15/2022 SHB Telephone conference with Det. Gorfido re: hearing and out-of-state service. Prepare and file Notice of Voluntary Dismissal. 0.50 FOR CURRENT SERVICES RENDERED 1.00 225.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.00 $225.00 $225.00 08/10/2022 Fed Ex Federal Express 29.76 Fed Ex 29.76 TOTAL ADVANCES THRU 08/31/2022 29.76 TOTAL CURRENT WORK 254.76 BALANCE DUE $254.76 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 60 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Lochten, Emily (RPO) 08/15/2022 SHB Discuss case matters and possible service of Respondent. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.20 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905643 43686 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 61 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Murphy, Michael (Arbitration) 08/11/2022 SHB Arbitration prep; discuss documents and hearing matters with Lynn Swanson and Oldbury. ACCOUNT NO: STATEMENT NO: 08/25/2022 SHB Various correspondence from arbitrator and Julie Oldbury re: hearing matters. Receive and review hearing instructions. Arbitration preparation. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.60 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905645 43688 HOURS 0.30 1.30 1.60 360.00 TOTAL $360.00 360.00 $360.00 Page 62 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. HSBC Bank (Telamore, Jacqueline) 08/18/2022 HN Review of complaint and the city's 2 code liens. 08/26/2022 HN Review of complaint, lien, drafted answer and affirmative defenses. MDC review and provide comments on Answer and Affirmative Defenses FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO HEATHER NEEDELMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.20 $225.00 1.40 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905646 43689 HOURS 0.50 0.90 0.20 1.60 360.00 TOTAL $45.00 315.00 360.00 $360.00 Page 63 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Sohn, Mark (Termination Grievance) HOURS 08/18/2022 SHB Various discussions with MDC Jim Stables, Julie Oldbury re: discipline matters. 1.50 08/19/2022 SHB Discuss various IA matters with MDC. Receive and review final termination letter. Receive and review Step 1 grievance; discuss with Julie Oldbury and MDC. 1.50 08/30/2022 SHB Follow up with Julie Oldbury re: status of response to grievance. 0.10 08/31/2022 MDC review information re: arbitration, confer with Shana Bridgeman on arbitration process 0.50 SHB Receive arbitration panel. Various correspondence with PBA to coordinate striking of panel. Discuss case matters with MDC. Discuss case matters with Julie Oldbury. 1.10 FOR CURRENT SERVICES RENDERED 4.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.50 $225.00 $112.50 SHANA H. BRIDGEMAN 4.20 225.00 945.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905647 43690 1,057.50 1,057.50 $1,057.50 Page 64 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. FDOT - Parcel 117 08/24/2022 KLE Review documents; 08/25/2022 KLE Prepare for and attend meeting with Mike Cirullo 08/26/2022 KLE Email to Andrew Mack FOR CURRENT SERVICES RENDERED TIMEKEEPER KERRY L. EZROL TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: HOURS 0.60 0.60 0.10 1.30 RECAPITULATION HOURS HOURLY RATE TOTAL 1.30 $225.00 $292.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905648 43691 292.50 $292.50 Page 65 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. FDOT - Parcel 704 ACCOUNT NO: STATEMENT NO: 08/24/2022 KLE Review documents; 08/25/2022 KLE Prepare for and attend meeting with Mike Cirullo 08/26/2022 KLE Email to Andrew Mack 08/30/2022 KLE Prepare for and attend call with Andrew Mack FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE KERRY L. EZROL 1.60 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.60 0.60 0.10 0.30 1.60 Page: 1 09/07/2022 306-9905649 43692 360.00 360.00 $360.00 Page 66 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO: STATEMENT NO: 08/01/2022 GB Emails with opposing counsel regarding Lex Eugene's continued deposition 08/03/2022 GB Emails with opposing counsel regarding Lex Eugene's deposition. Emails with MDC regarding Lex Eugene's deposition. 08/25/2022 GB Received and reviewed Plaintiffs Supplemental Request for Production. Began reviewing file to ascertain what was previously produced in preparation for responding. 08/30/2022 GB Began drafting responses to Plaintiff's Supplemental Request for Production. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.70 $463.24 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905190 43651 HOURS 0.10 0.20 1.20 0.20 1.70 787.50 TOTAL $787.50 787.50 $787.50 Page 67 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury -Carolyn Sims Center) Billing Category: 18 - RLO Claim #001470000440GB ACCOUNT NO: STATEMENT NO: 08/05/2022 GB Began reviewing Plaintiff's response to City's Request for Production. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.60 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.60 0.60 TOTAL $135.00 Page: 1 09/07/2022 306-9905310 43654 135.00 135.00 $135.00 Page 68 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/07/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905392 Boynton Beach FL 33435 STATEMENT NO: 43657 Attn: Lynn Swanson adv. Alves Fernandes, Bruno Henrique (MVA) Billing Category: 18 - RLO Claim #19762606 HOURS 08/03/2022 GB Telephone conference call with KLE regarding indemnification cross claim. Legal research regarding common law indemnification. 0.60 08/04/2022 GB Continued legal research regarding common law indemnification. Drafted Cross Claim against Bruno. Legal research regarding leave to amend answer. Drafted Motion for Leave to Amend Answer and Affirmative Defenses. Drafted Amended Answer and Affirmative Defenses. Filed Motion for Leave to Amend. Emails with opposing counsel regarding agreed order on Motion for Leave to Amend. Emails with City and Tristar regarding Bruno's contact information. Began drafting letter to Bruno regarding indemnity. 4.00 08/05/2022 GB Drafted proposed Agreed Order Granting the City's Motion for Leave to Amend. Emailed proposed Agreed Order to opposing counsel. Finalized letter to Bruno regarding indemnification. 1.20 08/08/2022 GB Emails with opposing counsel regarding insurance policy and City's Motion for Leave to Amend Affirmative Defenses. 0.20 08/09/2022 GB Emails with opposing counsel regarding Motion for Leave to Amend Answer and Affirmative Defenses. Drafted, filed a served Notice of Hearing on City's Motion for Leave to Amend Answer and Affirmative Defenses. 0.50 08/23/2022 GB Telephone conference call with Bruno regarding indemnification letter. 0.30 08/24/2022 GB Emails with City and Tristar regarding phone call with Bruno and Cross -Complaint. Emails with opposing counsel regarding City's Motion for Leave to Amend Answer and Affirmative Defenses. Edits to proposed Agreed Order Granting the City's Motion for Leave to Amend Answer and Affirmative Defenses. Emails with opposing counsel regarding Agreed Order Granting the City's Motion for Leave to Amend Answer and Affirmative Defenses. Drafted letter to Judge enclosing proposed agreed order for signature. Drafted and filed notice of cancellation of hearing. 0.90 08/25/2022 GB Put Cross Complaint in final form and drafted Summons. 0.30 Page 69 of 1147 Page: 2 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9905392 STATEMENT NO: 43657 adv. Alves Fernandes, Bruno Henrique (MVA) 08/29/2022 GB Telephone conference call with City regarding cross-complaint against Bruno. Emails with City and Tristar regarding call from Geico. 08/30/2022 GB Email to JA regarding agreed order granting Leave to Amend Answer and Affirmative Defenses. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 8.40 $225.00 Photocopies 08/30/2022 Efiling Clerk of Court Palm Beach County Efiling 08/05/2022 Fed Ex Federal Express 08/09/2022 Fed Ex Federal Express 08/15/2022 Fed Ex Federal Express Fed Ex TOTAL ADVANCES THRU 08/31/2022 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.10 8.40 TOTAL $1,890.00 1,890.00 19.75 18.37 2,367.48 $2,367.48 Page 70 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/07/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905403 Boynton Beach FL 33435 STATEMENT NO: 43658 Attn: Lynn Swanson adv. Quigley, Theresa (Trip and Fall) Billing Category: 18 - RLO Claim #20180501-01 Photocopies TOTAL CURRENT WORK 1,957.50 Page 71 of 1147 HOURS 08/03/2022 GB Received and reviewed trial order. 0.30 08/12/2022 GB Began reviewed all documents produced by Defendants and Plaintiff in preparation for Plaintiff's deposition. 2.60 08/18/2022 GB Received and reviewed Ferrovial's answers to Plaintiffs interrogatories. 0.20 08/23/2022 GB Emails with opposing counsel regarding Plaintiff's mediation. Emails with opposing counsel regarding request for copies. 0.30 08/26/2022 GB Drafted Motion to Continue Certain Trial Deadlines. Emails with opposing counsel regarding Motion. 0.50 08/29/2022 GB Emails with opposing counsel regarding Motion to Continue Certain Trial Deadlines. Finalized and filed Motion to Continue Certain Trial Deadlines. Received and reviewed Defendant Ferrovial Services responses to Plaintiffs discovery requests. Prepared for Plaintiffs deposition. 3.00 08/30/2022 GB Continued preparing for Plaintiff's deposition. Emails with opposing counsel regarding discovery and rescheduling Plaintiff's deposition. 1.40 08/31/2022 GB Drafted proposed Agreed Order Granting City's Motion for Continence of Certain Trial Deadlines. Emails with opposing counsel regarding Order. 0.40 FOR CURRENT SERVICES RENDERED 8.70 1,957.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 8.70 $225.00 $1,957.50 Photocopies TOTAL CURRENT WORK 1,957.50 Page 71 of 1147 Page: 2 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9905403 STATEMENT NO: 43658 adv. Quigley, Theresa (Trip and Fall) BALANCE DUE $1,957.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 72 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 08/11/2022 08/12/2022 08/18/2022 GB GB GB 08/30/2022 GB ACCOUNT NO: STATEMENT NO: Began drafting mediation statement in appeal matter. Finalized mediation summary and emailed it mediator. Received and reviewed Order dismissing appeal for lack of prosecution. Email to City and Tristar regarding order. Emails with mediator regarding dismissal of case. Email to City regarding status of appeal and Motion to Tax Costs. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 3.60 $225.00 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905421 43661 HOURS 1.40 1.70 0.40 0.10 3.60 810.00 TOTAL $810.00 810.00 $810.00 Page 73 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/07/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 43662 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 HOURS 08/01/2022 MDC Review email from 11th Circuit CA and order regarding oral argument; confirm receipt of order per direction of 11 th circuit clerk. 0.40 08/02/2022 SHB Discuss case matters and compliance matters with Adam Temple. Follow up re: contingent lien encumbrance program. 0.30 08/03/2022 GB Received and reviewed topics to prepare for oral arguments from appellate court. 0.30 08/10/2022 MDC review materials for oral argument, confer with Shana Bridgeman on potential resolution of case 0.20 08/12/2022 MDC review materials to continue preparing for oral argument 0.30 08/24/2022 GB Emails with SHB and MDC regarding sales documents for Homing Inn received by Erin Dunn. Received and reviewed sales documents for Homing Inn received by Erin Dunn. Meeting with MDC regarding sales documents for Homing Inn received by Erin Dunn. Telephone conference call with Erin Dunn regarding sales documents for Homing Inn. Emails with Erin Dunn regarding sales documents for Homing Inn. 1.20 MDC review information on sale of property and possible effect on appeal 0.30 SHB Various correspondence and discussion with staff re: sale of property. 0.30 08/26/2022 MDC review email request for information from 11th Circuit, respond with requested information; review rules applicable to oral argument; research and review cases and briefs on issue directed by court to address at oral argument 1.70 SHB Discuss chronic nuisance and property sale matters with staff. 0.30 08/28/2022 MDC review cases on due process and continue reviewing information relating to oral argument 0.50 08/29/2022 MDC review information on status of compliance with nuisance abatement agreement, sale of property; misc t/c with city staff, and review correspondence to confirm information on fines or amounts due to the city and update on status of appeal 1.20 Page 74 of 1147 Page: 2 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9905423 STATEMENT NO: 43662 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit 08/30/2022 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,755.00 $1,755.00 Page 75 of 1147 HOURS GB Meeting with MDC regarding sale of Homing Inn and possible settlement. Telephone conference call with City and MDC regarding regarding sale of Homing Inn and possible settlement. 0.50 GB Telephone conference call with MDC regarding money owed to City for Homing Inn utilities. Email to City regarding settlement. Email to opposing counsel regarding settlement. 0.30 FOR CURRENT SERVICES RENDERED 7.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 4.60 $225.00 $1,035.00 GAL BETESH 2.30 225.00 517.50 SHANA H. BRIDGEMAN 0.90 225.00 202.50 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,755.00 $1,755.00 Page 75 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Estella, Jean (MVA) Billing Category: 18 - RLO Claim #19798151 ACCOUNT NO: STATEMENT NO: :[oilLR 08/02/2022 GB Drafted second letter to Estella regarding motion to compel discovery responses. 0.30 08/11/2022 GB Finalized and filed motion to compel discovery. Drafted and sent letter to Estella regarding setting motion to compel discovery for hearing. 0.70 08/18/2022 GB Drafted and filed Notice of Hearing for City's Motion to Compel. Drafted and sent out letter to Plaintiff enclosing Notice of Hearing and Motion. 0.50 08/19/2022 GB Drafted and sent letter to Judge enclosing material for Motion to Compel. 0.30 08/29/2022 GB Drafted Motion for Continence of Certain Trial Deadlines. Drafted letter to Plaintiff enclosing Motion for Continence of Certain Trial Deadlines to confer in good faith. Mailed letter to Plaintiff. 0.70 08/30/2022 GB Prepared for Motion to Compel hearing. 1.30 08/31/2022 GB Attended hearing on the City's Motion to Compel. Drafted Order Granting Motion to Compel. Drafted letter to judge enclosing Order Granting Motion to Compel. 1.40 FOR CURRENT SERVICES RENDERED 5.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 5.20 $225.00 $1,170.00 08/02/2022 08/11/2022 08/18/2022 08/19/2022 Photocopies Fed Ex Federal Express Fed Ex Federal Express Fed Ex Federal Express Fed Ex Federal Express Page: 1 09/07/2022 306-9905444 43665 20.02 20.06 15.10 14.23 Page 76 of 1147 Page: 2 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9905444 STATEMENT NO: 43665 adv. Estella, Jean (MVA) Fed Ex 69.41 TOTAL ADVANCES THRU 08/31/2022 69.41 TOTAL CURRENT WORK 1,239.41 BALANCE DUE $1,239.41 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 77 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18 - RLO Claim #20818346 ACCOUNT NO: STATEMENT NO: 08/01/2022 GB Drafted and filed Notice of Compliance with Request for Copies. Served Plaintiff with documents requested. 08/02/2022 GB Emails with opposing counsel regarding case management conference. 08/03/2022 GB Emails with opposing counsel and Court regarding setting matter for trial. 08/10/2022 GB Began drafting deposition summary for Plaintiff. 08/12/2022 GB Received and reviewed trial order. Email to opposing counsel regarding motion for continuance. 08/19/2022 GB Telephone conference call with City regarding strategy moving forward. 08/22/2022 GB Drafted notice of production from non party and subpoena duces tecum to Dr. Packer. Began drafting deposition summary for Plaintiffs deposition. 08/23/2022 GB Continued deposition summary for Plaintiffs deposition. 08/24/2022 GB Telephone conference call with Zach Sharp (potential witness). Attended case management conference. Received and reviewed trial order setting trial in March 2023. 08/25/2022 GB Emails with opposing counsel regarding Dr. Jacobs' CME reports. Emails with opposing counsel regarding mediation. Emails with City regarding mediation. Drafted Notice of Compliance and served CME reports on Plaintiff. 08/26/2022 GB Received and reviewed documents produced by GM Financial in response to subpoena. Drafted and served Notice of Compliance with Flake's request for copies of GM Financial subpoena documents. Drafted and filed subpoena to Flake's car insurance and notice of request from non-party. FOR CURRENT SERVICES RENDERED HOURS 0.30 0.10 0.10 0.80 0.30 0.30 3.50 2.00 1.10 0.90 2.10 11.50 Page: 1 09/07/2022 306-9905492 43667 2,587.50 Page 78 of 1147 CITY OF BOYNTON BEACH adv. Flake, Natalie (MVA) TIMEKEEPER GAL BETESH Page: 2 09/07/2022 ACCOUNT NO: 306-9905492 STATEMENT NO: 43667 RECAPITULATION HOURS HOURLY RATE TOTAL 11.50 $225.00 $2,587.50 Photocopies 08/09/2022 Service Process Compass Investigations 08/23/2022 Service Process Compass Investigations Service Process TOTAL ADVANCES THRU 08/31/2022 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 85.00 125.00 2,712.50 $2,712.50 Page 79 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Federick, Carolyn Personal Injuries — Trip and Fall Sidewalk Injuries Billing Category: 18 - RLO Claim #21851368 ACCOUNT NO: STATEMENT NO: 08/04/2022 GB Attended hearing on Plaintiff's counsel Motion to Withdraw. Began drafting First Request for Production and First Set of Interrogatories to Plaintiff. 08/05/2022 GB Drafted First Request for Production and First Set of Interrogatories to Plaintiff. 08/30/2022 GB Attended hearing on Plaintiff's Counsel Motion to Withdraw. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 3.00 $225.00 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905549 43671 HOURS 1.00 1.50 0.50 3.00 675.00 TOTAL $675.00 675.00 $675.00 Page 80 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Adamsky, Florence Billing Category - 18 RLO Claim #21868900 08/05/2022 GB Emails with City regarding proposed settlement. Telephone conference call with City regarding settlement offer. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905590 43676 HOURS 0.50 0.50 112.50 TOTAL $112.50 112.50 $112.50 Page 81 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 09/07/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905594 Boynton Beach FL 33435 STATEMENT NO: 43677 Attn: Lynn Swanson FDOT- GCME Water Main Damage Billing Category: 18 - RLO Claim #21870606 HOURS 08/01/2022 GB Telephone conference call to FDOT regarding public records request. Emails to FDOT regarding public records request. 0.20 08/02/2022 GB Emails with KLE regarding Corrlier Engineering retaining counsel. Email to FDOT regarding public records request. 0.20 KLE conference with Gal Betesh re: status 0.30 08/03/2022 GB Emails with City regarding meeting with FDOT, AECOM, GCME and Corrlier Engineering. 0.10 08/05/2022 GB Emails with City regarding meeting with FDOT, Corrlier Engineering, AECOM, and GCME. Email to KLE regarding update from City. 0.20 KLE Conference with Gal Betesh, review email from Chris Roschek re: minutes of meeting; 0.40 08/08/2022 GB Emails with City and Tristar regarding status call, minutes for meeting with City, FDOT, AECOM and GCME. Reviewed minutes and provided comments. Reviewed AECOM proposal and provided comments. Email to KLE regarding documents. 0.90 08/09/2022 GB Received and reviewed draft minutes from August 30, 2022 meeting with City, AECOM, Corrlier Engineering, FDOT and GCME. Email to client regarding minutes. Received and reviewed KLE's comments to minutes from August 30, 2022 meeting with City, AECOM, Corrlier Engineering, FDOT and GCME. Replied to certain comments made by KLE regarding minutes. Email to City regarding KLE's questions about minutes from August 30, 2022 meeting with City, AECOM, Corrlier Engineering, FDOT and GCME. 0.50 08/11/2022 GB Telephone conference call with City and Tristar regarding claim update. Drafted letter to potential defendants regarding update and preservation of evidence request. Emails with City and Tristar regarding GCME and FDOT's insurance. Reviewed GCME's insurance policy for limits. 2.80 08/15/2022 GB Email with KLE regarding letter to potential defendants. Email to City and Tristar enclosing letter for their review and approval. 0.20 Page 82 of 1147 Page: 2 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9905594 STATEMENT NO: 43677 FDOT- GCME Water Main Damage 08/18/2022 GB Emails with City regarding edits proposed by GCME to minutes from August 5, 2022 meeting. Emails with KLE regarding edits proposed by GCME to minutes from August 5, 2022 meeting. Finalized demand letters to FDOT, Collier Engineering, GCME and Florida Department of Financial Services. Telephone conference call with adjuster for GCME regarding claim. Email to City regarding request from GCME's insurance, meeting with County & approval by Commission. KLE Review emails from Gal Betesh and conference with Gal Betesh 08/19/2022 GB Meeting with MDC regarding request to bid to fix water main in next Commission meeting. Telephone conference call with City regarding deadline to add items on next agenda for Commission meeting. Emails with City regarding adding request to go out and bid to fix water main in next Commission meeting. 08/22/2022 KLE Conference with Gal Betesh; review emails from Chris Roschek 08/23/2022 GB Emails with City regarding damages and status update. Telephone conference call with City and Tristar regarding status, damages and AECOM. Telephone conference call with KLE regarding request for additional information from GCME's insurance adjuster. KLE Review documents from Chris Roschek; conference with Gal Betesh 08/24/2022 GB Emails with FDOT regarding public records request. Received and reviewed agreements provided in response to public records request. 08/25/2022 KLE Review email from Chris Roschek, conference with Gal Betesh; 08/26/2022 GB Emails with City regarding meeting with County regarding lane closure. GB Telephone conference call with City regarding agenda item for approval of AECOM change order. Emails with City regarding meeting with County approving closure of lanes to fix water main. Reviewed comments from County regarding permit approvals to close lanes. KLE Review emails from Gal Betesh and Chris Roschek; 08/29/2022 GB Reviewed agenda item for AECOM task order approval. Emails with MDC regarding agenda item. 08/31/2022 GB Received and reviewed emails from FDOT in response to public records request. Emails with City regarding emails produced by FDOT. Emails with KLE regarding emails produced by FDOT. Telephone conference call with GCME's attorney regarding status. KLE Review FDOT public records documents from Gal Betesh, conference with Gal Betesh FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE KERRY L. EZROL 3.20 $225.00 GAL BETESH 11.80 225.00 HOURS 2.00 0.60 0.50 0.30 1.10 0.40 1.20 0.40 0.10 0.50 0.40 0.20 1.10 0.40 15.00 3,375.00 TOTAL $720.00 2,655.00 Page 83 of 1147 Page: 3 CITY OF BOYNTON BEACH 09/07/2022 ACCOUNT NO: 306-9905594 STATEMENT NO: 43677 FDOT- GCME Water Main Damage TOTAL CURRENT WORK 3,375.00 BALANCE DUE $3,375.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 84 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Estate of Stanley Davis III Billing Category: 18 - RLO Claim #22874044 08/15/2022 GB Prepared for call with SHB and MDC. Telephone conference call with SHB and MDC regarding memo. Reviewed employee personnel file. Email and telephone conference call with SHB regarding review of personnel file. FOR CURRENT SERVICES RENDERED TIRAGVIG DGP X710M14 MEI11ima TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 3.00 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905607 43678 HOURS 3.00 3.00 675.00 TOTAL $675.00 675.00 $675.00 Page 85 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Shaun James, Mark Sohn, Andrew Berben and Cory Herny adv. Joseph Smith Billing Category: 18 - RLO Claim # 22885543 ACCOUNT NO: STATEMENT NO: 08/04/2022 GB Email to MDC regarding mediation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.10 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905627 43680 HOURS 0.10 0.10 22.50 TOTAL $22.50 22.50 $22.50 Page 86 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Beeline Telekom -Damage to Watermain Category 18 RLO ACCOUNT NO: STATEMENT NO: :[oilLR 08/18/2022 GB Received and reviewed 811 ticket and email to City regarding ticket. 0.20 08/19/2022 GB Telephone conference call with City regarding 811 ticket and strategy moving forward. 0.40 08/25/2022 GB Emails with City regarding 811 ticket. 0.10 08/29/2022 GB Telephone conference call with City regarding 811 ticket and how to proceed. 0.50 FOR CURRENT SERVICES RENDERED 1.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.20 $225.00 $270.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905633 43682 270.00 $270.00 Page 87 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Fire Department Vehicle #807 -Date of Incident 6/21/22 Billing Category No. 18 - RLO ACCOUNT NO: STATEMENT NO: 08/08/2022 GB Telephone conference calls with City regarding lease for Fire Truck. Reviewed lease and edits thereto. 08/18/2022 GB Received and reviewed signed lease agreement for fire truck. Email to City regarding lease. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 1.10 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905640 43683 HOURS 1.00 0.10 1.10 247.50 TOTAL $247.50 247.50 $247.50 Page 88 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Margarita Mastrodomenico (Trip and Fall on 12/23/21) Billing Category No. 18 - RLO ACCOUNT NO: STATEMENT NO: 08/18/2022 GB Legal research regarding City's duty to repair sidewalks when the City does not have actual knowledge of damage. 08/22/2022 GB Emails with Tristar regarding City's duty to repair sidewalks when it does not have actual knowledge of defects. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 2.00 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905641 43684 HOURS 1.70 0.30 2.00 450.00 TOTAL $450.00 450.00 $450.00 Page 89 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson v. Nancy Cole (Trip and Fall) Billing Category No. 18 - RLO 08/22/2022 GB Legal research regarding duty of the City to repair sidewalks when the City does not have actual knowledge of the defects. Email to Tristar regarding legal research. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.60 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905644 43687 HOURS 1.60 1.60 360.00 TOTAL $360.00 360.00 $360.00 Page 90 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Priscilla Boatman (MVA) Billing Category No. 18 - RLO ACCOUNT NO: STATEMENT NO: 08/31/2022 GB Reviewed new file documents. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905650 43693 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 91 of 1147 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Moodie Clovis (Sewer Backup Claim) Billing Category No. 18 - RLO ACCOUNT NO: STATEMENT NO: 08/31/2022 GB Reviewed documents for new claim. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/07/2022 306-9905651 43694 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 92 of 1147 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 September 02, 2022 Billed Through 08/31/2022 Invoice 72537 / EBJ 00281 42070 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Shannon Thompson and Stanley Davis, Jr., for Estate of Stanley Davis III vs. City of Boynton Beach (Tristar claim no.: 22874044) FOR PROFESSIONAL SERVICES RENDERED: 08/12/2022 EBJ Review correspondence from Karen Klein requesting status report 0.20 08/12/2022 EBJ Review file and prepare status report to Karen Klein and City 0.40 08/17/2022 EBJ Telephone conferences with Julie Oldbury concerning status of civil 0.70 claim and discussion concerning proceedings against Officer Mark Sohn 08/17/2022 EBJ Review proposed memorandum concerning pre -determination hearing, 1.00 conference with Assistant City Attorney Shana Bridgeman, Esq., concerning administrative proceedings 08/19/2022 EBJ Telephone conference with Mike Cirullo, Esq., regarding anticipated 0.40 decision by City Manager of discipline of Officer Sohn and effect on potential lawsuit 08/19/2022 EBJ Telephone conference with Mike Cirullo, Esq., regarding status of 0.30 discipline on Officer Sohn 08/19/2022 EBJ Additional conferences with City attorney concerning City's position on 0.60 charges against Officer Sohn 08/19/2022 EBJ Review City's decision on discipline based upon administrative charges 0.70 as it relates to Officer Sohn; submit same to Jasmine Rand, Esq., attorney for claimant 08/19/2022 EBJ Review correspondence from Julie Oldbury with City Manager's 0.20 decision concerning Officer Sohn 08/19/2022 EBJ Prepare correspondence to Jasmine Rand, Esq., regarding City Manager's 0.20 determination concerning Officer Sohn 08/20/2022 EBJ Review correspondence from Mike Cirullo, Esq., regarding City 0.20 Manager's decision concerning Officer Sohn Page 93 of 1147 Invoice Number 72537 Page 2 Total Professional Services: Johnson, E. Bruce 4.90 225.00 DISBURSEMENTS 0813112022 Printing and Imaging Services Summary: Total Expenses Advanced: Total professional services $1,102.50 Total expenses incurred +$6.30 Total Amount Billed $1,108.80 Less Pre -Paid Applied $0.00 Please Pay this Amount $1,108.80 $1,102.50 $1,102.50 6.30 $6.30 Page 94 of 1147 OLDS & STEPHENS, P.A. 312 Eleventh Street P. O. Box 4523 West Palm Beach, FL 33401 Invoice submitted to: Julie Oldbury, IPMA-SCP, CLRP Director of Human Resources and Risk Management Human Resources and Risk Management 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 September 04, 2022 In Reference To: Client/Insured Claimant: Claim No.: Date/Loss: Invoice # 10168 Boynton Beach Smith TAXPAYER I.D. NO.: 65-0385869 Professional Services Page 95 of 1147 Hrs/Rate Amount 8/4/2022 DS Reviewed emails confirming client's availability for 0.10 25.00 mediation 250.00/hr DS Receipt and review of Notice of Selection of 0.10 25.00 Mediator 250.00/hr DS Receipt and review of Notice of Mediation 0.10 25.00 250.00/hr DS Receipt and review of Order granting Joint Motion 0.10 25.00 for Extension to file a Reply 250.00/hr DS Review and analysis of Proposed Reply 0.80 200.00 Supporting Motion to Dismiss 250.00/hr DS Review and analysis of Conspiracy case law 1.50 375.00 250.00/hr Page 95 of 1147 Julie Oldbury, IPMA-SCP, CLRP 8/5/2022 DS Worked on timeline for stop and search 0.70 250.00/hr 8/8/2022 DS Worked on draft for Reply supporting dismissal 1.00 250.00/hr 8/11/2022 DS Review and analysis of material provided by client 2.60 in preparation for meeting with client 250.00/hr DS Conference with client to discuss case status and 0.90 strategy 250.00/hr DS Preparation of Public Records Request to State 0.30 Attorney 250.00/hr 8/16/2022 DS Review and preparation for drafting a Status 2.30 Report 250.00/hr DS Drafted Status Report 0.70 250.00/hr 8/18/2022 DS Began reviewing State Attorney's file 3.70 250.00/hr 8/23/2022 DS Preparation of email responding to Plaintiff's 0.10 request for an extension re: Initial Disclosures 250.00/hr DS Receipt and review of email from Plaintiff's 0.10 counsel requesting an extension on Initial 250.00/hr Disclosures 8/24/2022 DS Reviewed documents produced by State Attorney 2.30 250.00/hr 8/28/2022 DS Analyzed State Attorney's records and considered 1.30 how to get those that were helpful into evidence 250.00/hr DS Continued analyzing State Attorney's file records 0.90 250.00/hr Page 2 Amount 175.00 250.00 650.00 225.00 75.00 575.00 175.00 925.00 25.00 25.00 575.00 325.00 225.00 Page 96 of 1147 Julie Oldbury, IPMA-SCP, CLRP 8/29/2022 DS Receipt and review of email from Plaintiff's counsel re: Plaintiff's Initial Disclosures For professional services rendered Previous balance 8/22/2022 Payment -thank you. Check No. #10142 8/31/2022 Payment - thank you. Check No. #10160 Total payments and adjustments Balance due User Summary Name DON STEPHENS 0.10 250.00/hr 19.70 Hours Rate 19.70 250.00 Page 3 Amount 25.00 $4,925.00 $10,025.00 ($8,675.00) ($1,350.00) ($10,025.00) $4,925.00 Amount $4,925.00 Page 97 of 1147 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach September 15, 2022 Attn: claims@bbfl.us Bill No. 67766 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 08/31/22 PROFESSIONAL SERVICES Date Services Attorney Hours 08/01/22 Preparation of e-mail to Plaintiffs' counsel Eiss re: special set LHR 0.20 hearing on Zeller's Motion to Dismiss. 08/01/22 Receipt and review of email response from Plaintiffs' counsel LHR 0.20 Eiss re: special set hearing on Zeller's Motion to Dismiss. 08/01/22 Preparation of second email to Plaintiffs' counsel Eiss re: LHR 0.20 special set hearing on Zeller's Motion to Dismiss. 08/01/22 Receipt and review of two email responses from Plaintiffs' LHR 0.20 counsel Eiss re: special set hearing on Zeller's Motion to Dismiss. 08/01/22 Preparation of third email to Plaintiffs' counsel Eiss re: special LHR 0.10 set hearing on Zeller's Motion to Dismiss. 08/02/22 Receipt and review of Court's executed Order Specially Setting LHR 0.20 Remote Hearing on Defendant Zeller's Motion to Dismiss. 08/02/22 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order Specially Setting Remote Hearing on Defendant Zeller's Motion to Dismiss. 08/02/22 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.20 re: advising Jim Cherof has retired and Mike Cirullo is new City Attorney for Boynton Beach. 08/02/22 Preparation of email response to City Paralegal Lynn Swanson LHR 0.20 re: acknowledging and confirming Jim Cherof has retired and Mike Cirullo is new City Attorney for Boynton Beach. Page 98 of 1147 Client: City of Boynton Beach September 15, 2022 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate LHR Lyman H. Reynolds, Jr., Partner 1.70 185.00 Total Professional Services 1.70 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Amount 314.50 $314.50 $ 314.50 152.00 -152.00 $ 314.50 Page 99 of 1147 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 67766 Bill Date: September 15, 2022 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 314.50 KIM $ 314.50 152.00 -152.00 $ 314.50 $314.50 Page 100 of 1147 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 September 26, 2022 Billed Through 08/31/2022 Invoice 72761 / JLH 00281 42094 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Ultimate Bakery and Pastry, Inc. vs. City of Boynton Beach (22879963) FOR PROFESSIONAL SERVICES RENDERED: 08/09/2022 JLH Letter to counsel for Plaintiff regarding delay in response to July 19 0.30 settlement proposal 08/09/2022 JLH Legal research regarding potential claim for unlawful detainer and to 1.50 secure possession of premises at issue 08/09/2022 JLH Letter to City officials regarding legal description of properties to 0.30 support effort to secure possession of premises from Plaintiff 08/09/2022 JLH Review letter from Plaintiffs counsel regarding settlement response on 0.20 August 10 08/10/2022 JLH Review Plaintiff s August 10 settlement counterproposal 0.80 08/10/2022 JLH Letter to City representatives regarding Plaintiffs settlement terms 0.20 08/10/2022 JLH Telephone conference with City representatives regarding rejection of 0.40 Plaintiffs proposal and preparation of City's August 10 revised settlement agreement 08/10/2022 JLH Prepare revised settlement agreement and letter to City representatives; 0.80 review approval for issuance 08/10/2022 JLH Prepare letter to counsel for Plaintiff regarding rejection of Plaintiffs 0.40 settlement proposal and City's counterproposal 08/10/2022 MLJ Review correspondence from Kathleen Daly, Esq., regarding changes 0.30 made by Peter Torocsik to the proposed settlement agreement; review and analyze proposed changes 08/11/2022 JLH Review location information for Ocean Front Park property and analysis 0.50 of issues for potential writ of possession 08/11/2022 JLH Review location information for Links Golfcourse location and analysis 0.50 of issues for potential writ of possession Page 101 of 1147 Invoice Number 72761 Page 2 08/12/2022 JLH Telephone conference with Quentin Morgan regarding proposed 0.50 complaint to secure possession of the premises, scheduling of executive session, and additional conference call over settlement 08/12/2022 JLH Extended telephone conference with counsel for Plaintiff regarding 0.70 settlement options and Plaintiffs request for additional time 08/12/2022 JLH Letter to City representatives regarding settlement strategy and litigation 0.30 strategy 08/12/2022 JLH Telephone conference with counsel for Plaintiff regarding extension of 0.10 settlement deadline through August 15 08/12/2022 JLH Revise settlement agreement to reflect final revisions accepted by City 0.30 08/12/2022 JLH Letter to counsel for Plaintiff regarding extended deadline through 0.30 August 15 and requirement of Plaintiff to vacate premises 08/15/2022 JLH Review rejection letter from Plaintiff and demand for non-teimination 0.70 assurance; prepare memo to file regarding City's litigation options 08/15/2022 JLH Review letter from Lynn Swanson regarding request for positive 0.20 reference by Lola Torocsik 08/20/2022 JLH Additional legal research regarding claims against Ultimate Bakery for 1.50 unlawful detainer, use of summary procedure, and limitation on defences associated with claims for possession of property 08/22/2022 JLH Review proposed summary for presentation to City Commission for 0.60 executive session 08/23/2022 MLJ Prepare revisions to propose complaints seeking possession of premises 0.50 08/24/2022 JLH Review pretrial order issued by Judge Kastrenakes 0.80 08/26/2022 JLH Letter to City representatives regarding June 2023 trial and September 0.20 14, 2022 hearing on motion to dismiss 08/28/2022 JLH Review letter from Quentin Morgan regarding status of City's 0.10 consideration of settlement agreement and affirmative claims to recover possession 08/29/2022 JLH Review letter from City regarding notice of cancellation of request for 0.30 proposal from vendors on concessionaire agreement for Links Gold Course and Oceanfront Park 08/30/2022 JLH Review correspondence regarding follow-up on City's proposed 0.20 withdrawal of requests for proposal to bidders Total Professional Services: $3,037.50 Hochman, J L 12.70 225.00 $2,857.50 Johnson, Melissa L. 0.80 225.00 $180.00 DISBURSEMENTS 08131 X2022 Printing and Imaging Services 18.20 Page 102 of 1147 Summary: Invoice Number 72761 Total Expenses Advanced: Total professional services $3,037.50 Total expenses incurred +$18.20 Total Amount Billed $3,055.70 Less Pre -Paid Applied $0.00 Please Pay this Amount $3,055.70 Page 3 $18.20 Page 103 of 1147 Marrero & Wydler Douglas Centre, PH -4 2600 Douglas Road Coral Gables, FL 33134 September 18, 2022 TAX I.D. 03-0486999 Telephone: 305-446-5528 Fax: 305-446-0995 Julie Oldbury, Director of Human Resources and Risk Manageme City of Boynton Beach Invoice 4348 No. 100 E. Ocean Avenue Boynton Beaach, FL 33435 In Reference To: Smith, J. v. Shaun James, et al. Our File No.: 39-7995 Professional Services Page 104 of 1147 Hours Amount Amount 8/1/2022 LW Rec and rev e-mail from Nicole 0.20 $28.00 $28.00 Sauvola-LaMay re proposed mediation dates 8/4/2022 LW Rec and rev notice of selection of mediator 0.20 $28.00 $28.00 and scheduling mediation LW Rec and rev e-mail exchange re mediation 0.20 $28.00 $28.00 dates 8/5/2022 LW Rec and rev order granting joint motion for 0.20 $28.00 $28.00 extension of time to file reply in support of motion to dismiss 8/8/2022 LW Rec and rev e-mail from Ann Breeden re 0.20 $28.00 $28.00 initial disclosures; rec and rev response from Nicole Sauvola-LaMay 8/10/2022 LW Rec and rev notice of taking video deposition 0.20 $28.00 $28.00 of Joseph Smith LW Draft e-mail to Ann Breeden re reply; rec and 0.30 $42.00 $42.00 rev response LW Rec and rev e-mail from Ann Breeden re 0.10 $14.00 $14.00 edits to reply LW Rec and rev e-mail exchange re date for 0.20 $28.00 $28.00 initial disclosures LW Rec and rev e-mail exchange re dates for 0.20 $28.00 $28.00 Plaintiffs deposition 8/11/2022 LW Draft e-mail to Ann Breeden re revisions to 0.20 $28.00 $28.00 reply; rec and rev response 8/15/2022 AFD Draft Rule 26 disclosures 2.00 $240.00 $240.00 Page 104 of 1147 Julie Oldbury, Director of Human Resources and Risk Manageme Hours Amount 8/16/2022 AFD Draft (continued) Rule 26 disclosures 8/23/2022 LW Rec and rev e-mail from Nicole Sauvola-LaMay re initial disclosures 8/29/2022 LW Rec and rev e-mail from Nicole Sauvola-LaMay re initial disclosures For professional services rendered Previous balance 9/1/2022 Payment - Thank You Total payments and adjustments Balance due Timekeeper Summary Name Andrei F. Dambuleff Lourdes E. Wydler PLEASE MAKE CHECKS PAYABLE TO MARRERO & WYDLER 1.00 $120.00 0.10 $14.00 0.10 $14.00 Page 2 Amount $120.00 $14.00 $14.00 5.40 $696.00 $11,210.50 ($3,014.00) ($3,014.00) Z�25,t5yL.5U Hours Rate 3.00 120.00 2.40 140.00 Page 105 of 1147 !r A Usk A • A r' =• • all 0 N� SII II II I 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 RATE/HR. HOURS 350.00 19.60 245.00 0.80 350.00 27.50 TOTAL FEES THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE i* • = It1�Lll August 1: Invoice•. 266016 File No. 29049.00002 $6,860.00 $196.00 $9,625.00 ACCOUNTTOTAL PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. *AYMENTS RECEIVED AFTER THE PREPARATION OF • NOT IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK • Page 106 of 1147 JONES FOSTER P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com City of Boynton Beach v. JKM BTS Capital LLC TOTALS FOR THIS STATEMENT JOANNE M. OCONNOR MINDY HALLEY-PARA THOMAS J. BAIRD TOTAL FEE THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE PREVIOUS BALANCE ffely-'T W --TO i j• t August 31, 2022 Invoice No. 266016 File No. 29049.00002 TJB RATE HOUR 350.0019. 0 FE 4 5. 0 0 0. 350.00 217. 0 Page 107 of 1147 R A City of Boynton Beach August 31, 2022 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 256015 File No. 29049.00002 Page 2 DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 08/01/22 JMO TEL CALL T BAIRD RE USE OF CHILLERS, HIS CALL 0.20 70.00 WITH C GROFF 08/01/22 JMO TEL CALL T BAIRD, J STABLES, A MACK RE SHADE 1.00 350.00 MEETING 08/01/22 JMO TEL CALL T BAIRD, K MARKOW, M STEMPLER RE 0.30 105.00 POTENTIAL FOR SETTLEMENT 08/01/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 4.00 1,400.00 QUENTIN MORGAN RE COMMISSION MEETING; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY MARKOW RE SETTLEMENT PROPOSAL; TELEPHONE CONFERENCE WITH ASSISTANT CITY ATTORNEY QUENTIN MORGAN; TELEPHONE CONFERENCE WITH COLIN GROFF; TELEPHONE CONFERENCE WITH ATTORNEYS MARKOW & STEMPLER RE SETTLEMENT PROPOSAL; TELEPHONE CONFERENCE WITH CITY MANAGER STABLES, ASSISTANT CITY MANAGER MACK AND ASSISTANT CITY ATTORNEY MORGAN; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM ANDREW MACK AND CHILLED WATER SERVICE AGREEMENT 08/01/22 JO REVIEW DRAFT CHILLED WATER TEMPLATE, EMAIL 0.20 70.00 FROM A MACK 08/02/22 JO TRAVEL TO AND ATTEND SHADE MEETING; CONFER 2.50 875.00 T BAIRD RE SETTLEMENT, TRIAL STATUS 08/02/22 JO REVIEW TRIAL CALENDAR AND DEADLINES 0.30 105.00 08/02/22 TJB PREPARATION FOR ATTORNEY CLIENT SESSION; 5.00 1,750.00 TELEPHONE CONFERENCE WITH ANDREW MACK RE CHILLERS; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY MARKOW RE SETTLEMENT; TELEPHONE CONFERENCE WITH ATTORNEY MARKOW; TRAVEL TO AND ATTEND ATTORNEY CLIENT MEETING 08/03/22 JMO TEL CALL M STEMPLER, K MARKOW, T BAIRD RE 0.20 70.00 SETTLEMENT 08/03/22 JMO EMAIL STEMPLER RE CANCELLING JKM/MARKEY 0.10 35.00 DEPOSITION 08/03/22 TJB TELEPHONE CONFERENCE WITH ATTORNEYS 0.30 105.00 MARKOW & STEMPLER Page 108 of 1147 RIO 1k, JAA.1041111 9 City of Boynton Beach August 31, 2022 City of Boynton Beach v. JKM BTSCapital LLC Invoice No. 256015 File No. 29049.00002 Page 3 08/04/22 TJB ATTENTION TO THE CANCELLATION OF MARKEY'S 1.50 525.00 DEPOSITION; WORK ON JKM DRAFT SETTLEMENT AGREEMENT 08/04/22 JMO MULTIPLE EMAILS OPPOSING COUNSEL RE 0.20 70.00 CANCELLING JKM DEPOSITION SUBJECT TO NON -WAIVER; PREPARE NOTICE OF CANCELLATION 08/04/22 JMO EMAILS G BETESH RE STATUS 0.10 35.00 08/08/22 TJB WORK ON STIPULATION OF SETTLEMENT; EMAIL 0.50 175.00 CORRESPONDENCE TO CITY ATTORNEY CIRULLO 08/09/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.50 175.00 ATTORNEY CIRULLO; TELEPHONE CONFERENCE WITH CITY ATTORNEY CIRULLO; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY MARKOW (2XS) 08/10/22 JMO REVISE SETTLEMENT AGREEMENT 1.80 630.00 08/10/22 JMO DRAFT MOTION CONTINUE TRIAL AND EMAIL BAIRD, 0.60 210.00 CIRULLO RE SAME 08/11/22 JMO EMAILS WITH COUNSEL FOR E2L RE INQUIRIES 0.10 35.00 ABOUT SETTLEMENT 08/11/22 TJB REVIEW DRAFT OF SETTLEMENT AGREEMENT & 0.80 280.00 DEVELOPMENT AGREEMENT; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY MARKOW; EXCHANGE EMAIL CORRESPONDENCE WITH CITY ATTORNEY CIRULLO; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY ALLISON RE E2L (3XS) 08/12/22 JMO EMAILS WITH STEMPLER, CIRULLO; FURTHER 0.20 70.00 REVISIONS TO MOTION TO CONTINUE 08/12/22 TJB REVIEW JOINT MOTION TO CONTINUE TRAIL; MAKE 1.00 350.00 REVISIONS TO THE PROPOSED MOTION & EMAIL THE SAME TO JMO; MAKE REVISION TO THE PROPOSED SETTLEMENT AGREEMENT AND EMAIL TO JMO 08/15/22 JMO REVIEW DRAFT SETTLEMENT AGREEMENT FROM 0.30 105.00 JKM COUNSEL K MARKOW 08/15/22 JMO TEL CALL T BAIRD, M CIRULLO RE JKM PROPOSED 0.70 245.00 SETTLEMENT AGMT 08/15/22 JMO CORRESPONDENCE K MARKOW RE SETTLEMENT 0.20 70.00 AGREEMENT Page 109 of 1147 City of Boynton Beach August 31, 2022 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 256015 File No. 29049.00002 Page 4 08/15/22 JMO TEL CALL K MARKOW, M STEMPLER, T BAIRD, M 0.40 140.00 CIRULLO RE SETTLEMENT AGMT. 08/15/22 JMO BEGIN REDLINES TO SETTLEMENT AGMT 0.30 105.00 08/15/22 JMO EMAILS WITH COUNSEL FOR E21- 0.20 70.00 08/15/22 MSH GATHER SETTLEMENT DOCUMENTS. 0.80 196.00 08/15/22 JMO REVIEW T BAIRD EDITS TO JKM SETTLEMENT AGMT 0.30 105.00 DRAFT 08/15/22 JMO INSTRUCTIONS PARALEGAL HALLEY RE GATHERING 0.20 70.00 AGREEMENTS REFERENCED IN JKM SETTLEMENT; EMAIL G BETESH RE SAME 08/15/22 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEY 5.50 1,925.00 CIRULLO; TELEPHONE CONFERENCE WITH CITY MANAGER STABLES; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY MARKOW RE SETTLEMENT AGREEMENT; EXCHANGE EMAIL CORRESPONDENCE WITH ATTORNEY ALLISON RE E21- (3XS); TELEPHONE CONFERENCE WITH JKM'S ATTORNEYS RE SETTLEMENT AGREEMENT TERMS; WORK ON REVISIONS TO THE PROPOSED SETTLEMENT AGREEMENT PREPARED BY JKM'S ATTORNEYS' AND EMAIL THE REVISED AGREEMENT TO CITY ATTORNEY CIRULLO; EXCHANGE EMAIL CORRESPONDENCE WITH CITY ATTORNEY CIRULLO RE SETTLEMENT AGREEMENT 08/16/22 JMO REVIEW AND REVISE SETTLEMENT AGREEMENT; 1.60 560.00 EMAILS M CIRULLO, T BAIRD 08/16/22 JMO FURTHER EMAILS T BAIRD, M CIRULLO; CALL T 0.50 175.00 BAIRD; EMAIL K MARKOW RE SETTLEMENT AGMT 08/16/22 TJB ATTENTION TO THE PREPARATION OF REVISIONS TO 1.00 350.00 THE PROPOSED SETTLEMENT AGREEMENT; ATTENTION TO THE MOTION TO CONTINUE TRIAL 08/17/22 JMO REVISE AND FINALIZE MOTION CONTINUE TRIAL; 0.30 105.00 EMAILS M STEMPLER, K MARKOW RE SAME 08/17/22 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEYS 1.00 350.00 RE SETTLEMENT AGREEMENT 08/18/22 JMO EMAILS WITH STEMPLER RE JOINT MOTION TO 0.30 105.00 CONTINUE; MAKE REVISIONS AND ATTENTION TO FILING; EMAILS WITH G BETESH RE CALENDAR CALL 08/18/22 JMO TEL CALL ALL COUNSEL RE SETTLEMENT 0.60 210.00 Page 110 of 1147 City of Boynton Beach August 31, 2022 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 256015 File No. 29049.00002 Page 5 08/18/22 TJB TELEPHONE CONFERENCE WITH JKM'S ATTORNEYS 1.00 350.00 AND CITY ATTORNEYS; RECEIVE AND REVIEW JOINT MOTION TO CONTINUE TRIAL 08/19/22 JMO APPEAR FOR/ATTEND CALENDAR CALL 2.30 805.00 08/19/22 JMO ATTENTION TO HEARING ON MOTION TO CONTINUE; 0.20 70.00 CONFER OPPOSING COUNSEL 08/20/22 TJB WORK ON TERMS OF THE SETTLEMENT AGREEMENT 2.00 700.00 PERTAINING TO THE AMENDMENT OF THE DEVELOPMENT AGREEMENT AND THE MASTER PLAN 08/23/22 TJB WORK ON SETTLEMENT AGREEMENT; EMAIL 1.00 350.00 CORRESPONDENCE TO CITY ATTORNEYS; EMAIL CORRESPONDENCE TO JKM'S ATTORNEYS; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM CITY ATTORNEYS DOODY & CIRULLO 08/24/22 JMO REVIEW T BAIRD ADDITIONS TO PROPOSED 0.40 140.00 SETTLEMENT AGREEMENT, EMAILS FROM BAIRD AND D DOODY 08/24/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.40 140.00 ATTORNEY CIRULLO (2XS) AND DJ DOODY (2XS) 08/25/22 JMO TEL CALL M CIRULLO, T BAIRD, D DOODY RE 0.40 140.00 SETTLEMENT AGREEMENT 08/25/22 JMO REVISE SETTLEMENT AGREEMENT; EMAIL T BAIRD 0.60 210.00 08/25/22 JMO REVIEW FURTHER EDITS TO SETTLEMENT AGMT 0.40 140.00 AND CONFER T BAIRD RE SAME; EMAIL OPPOSING COUNSEL RE SETTLEMENT AGMT, CONSENT TO COMMUNICATE WITH TIME EQUITIES 08/25/22 JMO DRAFT PRETRIAL STIPULATION, REVIEW EXHIBIT 0.80 280.00 AND WITNESS LISTS; EMAIL TO OPPOSING COUNSEL 08/25/22 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEYS & 1.50 525.00 JMO RE SETTLEMENT AGREEMENT; REVIEW AND MAKE REVISIONS TO THE SETTLEMENT AGREEMENT; REVIEW PROPOSED PRE-TRIAL STATEMENT AND PROVIDE COMMENTS 08/25/22 TJB TELEPHONE CONFERENCE WITH JMO RE MEETINGS 0.20 70.00 BETWEEN STAFF & TIME EQUITIES 08/26/22 JMO EMAIL M STEMPLER, K MARKOW RE STATUS OF 0.10 35.00 PRETRIAL STIP 08/26/22 JMO EMAILS WITH M STEMPLER TO FINALIZE PRETRIAL 0.30 105.00 STIP; FINAL EDITS TO PRETRIAL STIP Page 111 of 1147 City of Boynton Beach August 31, 2022 City of Boynton Beach v. JKM BTS Capital LLC Invoice No. 256015 File No. 29049.00002 Page 6 08/26/22 JMO TEL CALL M CIRULLO RE TIME EQUITIES; TEL CALL T 0.30 105.00 BAIRD 08/29/22 JMO EMAIL FROM M CIRULLO RE CITY'DISCUSSIONS 0.10 WITH POTENTIAL BUYER 08/29/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 0.20 ATTORNEY CIRULLO (2XS) 08/31/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.10 ATTORNEY CIRCULLO (2XS) TOTAL HOURS 47.90 COSTS ADVANCED DATE 08/24/22 MESSENGER DELIVERY/PICKUP 35.00 m 35.00 AMOUNT 17.11 $17.11 Page 112 of 1147 Consent Agenda 10/18/2022 Requested Action by Commission: Proposed Resolution No. R22-146 - Approve a grant adjustment modification (GAM) for the 2020 Edward Byrne Justice Assistance Grant (JAG). Explanation of Request: The 2020 JAG award was previously approved under Resolution No. R20- 131. Due to restrictions during the COVI D pandemic, the victim advocate and Officers were not able to obtain the required training needed to implement the previously proposed Empowerment -Based Self -Defense Program. In September 2022, Boynton Beach Police Department submitted a scope change request to the Bureau of Justice Assistance, JAG Program to instead utilize the allotted funding towards the purchase of outer vest carriers for the officers' ballistic vests. The City is respectfully requesting the Commission to approve the Grant Adjustment Modification pending approval of the BJA. How will this affect city programs or services? There are several practical advantages to the outer vest carrier. The vest is easier to adjust throughout the Officer's shift and can easily be removed while in a safe location to get relief from the heat. More importantly, outer vest carriers are designed to spread out the weight of the gear the officers carry and put less weight and stress on the Officers' hips and back, reducing the chance for injuries. In the event that an officer is injured, an outer vest carrier offers several advantages over the traditional inner vest carrier. The Officer tourniquet and other first-aid items will be easier to access on the outer vest carrier. Should an Officer be injured, the outer vest carrier can be removed more quickly by responding Officers. Fiscal Impact: There is no fiscal impact to the budget for this item. Alternatives: Not approve the Grant Award Modification for the drawdown of grant funds. Strategic Plan: Public Health and Safety Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Grant Amount: $32,298 Page 113 of 1147 Attachments: Ty pe OMMUM Description Resolution appirNing fthe Grant Adjuistirneint Modification to the, 2020 wJAG giraint award Page 114 of 1147 1 RESOLUTION NO. R22-146 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING A GRANT ADJUSTMENT MODIFICATION (GAM) 5 FOR THE 2020 EDWARD BYRNE JUSTICE ASSISTANCE 6 GRANT (JAG); AND PROVIDING AN EFFECTIVE DATE. 7 8 9 WHEREAS, the 2020 JAG award was previously approved on December 1, 2020 under 10 Resolution R20-131; and 11 WHEREAS, due to restrictions during the COVID pandemic, the victim advocate and 12 officers were not able to obtain the required training needed to implement the previously 13 proposed Empowerment -Based Self -Defense Program; and 14 WHEREAS, the Boynton Beach Police Department submitted a scope change request 15 to the Bureau of Justice Assistance, JAG Program to instead utilize the allotted funding towards 16 the purchase of outer vest carriers for the officers' ballistic vests; and 17 WHEREAS, staff is requesting that the City Commission approve the Grant Adjustment 18 Modification pending approval by the Bureau of Justice Assistance; and 19 WHEREAS, upon recommendation of staff, the City Commission has determined that 20 it is in the best interests of the residents of the City to approve a grant adjustment modification 21 (GAM) for the 2020 Edward Byrne Justice Assistance Grant (JAG). 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. S:ACA\RESO\Agreements\Grants\DOJ JAG Grant 2020 Modification - Reso.docx Page 115 of 1147 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve a grant adjustment modification (GAM) for the 2020 Edward Byrne Justice Assistance 29 Grant (JAG), a copy of the Grant Adjustment Modification is attached hereto as Exhibit "A". 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Maylee De Jesus, MPA, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 59 60 61 62 63 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of October, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\DOJ JAG Grant 2020 Modification - Reso.docx Page 116 of 1147 6.C. Consent Agenda 10/18/2022 Requested Action by Commission: Proposed Resolution No. R22-147 - Authorize the City Manager to sign all documents associated with the acceptance and subcontract agreement for the Florida Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement grant. Explanation of Request: The Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management (IPTM); Project #433144-1-8404, Contract #G2A92 utilizes law enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The goal of this effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement details. The Boynton Beach Police Department (BBPD) is allocated $9,542.22 toward overtime to support these efforts. Approval of this subcontract will allow BBPD to conduct education and enforcement operations in areas specified as high frequency crash fatality locations for pedestrians and bicyclist. BBPD has a long- standing history of successful programs through FDOT with this award as the first for the Florida Bicycle Pedestrian Focused Initiative subcontract with I PTM. Previous Years Awarded: FY 21/22 $6,831.51 How will this affect city programs or services? With rapid growth and expansion there comes a need to further enhance our efforts to reduce traffic crashes, fatalities and injuries related to pedestrians and bicyclist through education and enforcement. Pedestrians and bicyclists are more vulnerable than all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any type of traffic crashes. Fiscal Impact: There's no fiscal impact to the budget for this item. Alternatives: The Police Department would need to rely on the general fund operating budget to support these enhanced public safety activities. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Page 117 of 1147 Is this a grant? Yes Grant Amount: $9,542.22 Attachments: Type D Resolution Description FResok.jibloin appirWing Ul-ie Bicycle and Fledestiriaill F::bcused Ilinitiative Giraint Page 118 of 1147 1 RESOLUTION NO. R22-147 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE CITY MANAGER TO SIGN ALL 5 DOCUMENTS ASSOCIATED WITH THE ACCEPTANCE AND 6 SUBCONTRACT AGREEMENT FOR THE FLORIDA 7 DEPARTMENT OF TRANSPORTATION (FDOT) FLORIDA 8 BICYCLE PEDESTRIAN FOCUSED INITIATIVE: 9 COMMUNICATION AND HIGH VISIBILITY ENFORCEMENT 10 GRANT; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, The Florida Department of Transportation (FDOT) through a grant with the 14 University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police 15 Technology and Management (IPTM); Project #433144-1-8404, Contract #G2A92 utilizes law 16 enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority 17 counties in Florida; and 18 WHEREAS, the goal of this effort is to reduce traffic crashes resulting in serious and 19 fatal injuries to pedestrians and bicyclists using high visibility education and enforcement 20 details; and 21 WHEREAS, approval of this subcontract will allow BBPD to conduct education and 22 enforcement operations in areas specified as high frequency crash fatality locations for 23 pedestrians and bicyclist; and 24 WHEREAS, upon recommendation of staff, the City Commission has determined that 25 it is in the best interests of the residents of the City to authorize the City Manager to sign all 26 documents associated with the acceptance and subcontract agreement for the Florida 27 Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: 28 Communication and High Visibility Enforcement Grant. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. S:ACA\RESO\Agreements\Grants\FDOT Bicycle Pedestrian Initiative Grant (22-23) - Reso.docx Page 119 of 1147 34 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 35 authorize the City Manager Authorize the City Manager to sign all documents associated with 36 the acceptance and subcontract agreement for the Florida Department of Transportation 37 (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility 38 Enforcement Grant, a copy of which is attached hereto as Exhibit "A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of October, 2022. 41 42 43 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\FDOT Bicycle Pedestrian Initiative Grant (22-23) - Reso.docx Page 120 of 1147 �W Consent Agenda 10/18/2022 Requested Action by Commission: Approve an increase to the estimated annual expenditure of the City of Punta Gorda Agreement # R201711/SVC-TIRES/17/18 with Boulevard Tire Center in the amount of $500, increasing the estimated annual expenditure from $70,000 to $70,500. Explanation of Request: On January 19, 2021, the City Commission approved the utilization of Agreement # R2017112/SVC- TI RES/17/18 with Boulevard Tire Center in the amount of $70,000 to purchase tires on an as -needed basis. The last order for fiscal year totaled $3,976.26, which is $248.37 more than what was approved by Commission on January 19, 2021. An additional $248.37 is needed to support the final order of the fiscal year. These are for large tires for the City's large truck fleet. How will this affect city programs or services? This will enable for the purchase of tires for the City's large truck fleet. Fiscal Impact: Funds are budgeted and available from account 502-0000-141-0100 for the estimated amount of $70,500. FY 20/21 expenditures were $54,501.05 FY 21/22 expenditures were $70,248.37 Alternatives: Not approve the increase and return tires. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 121 of 1147 Attachments: Ty pe Adde,induirn Description Original Agenda II tern Award I Page 122 of 1147 Coversheet Page 1 of 1 6.A. Consent Agenda 1/19/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 1/19/2021 Requested Action by Commission: Proposed Resolution No. R21-013 - Approve utilizing City of Punta Gorda Agreement # R2017112/SVC- TIRES/17/18 with Boulevard Tire Center for the purchase of Recap/Retread Tires for an estimated annual expenditure of $70,000. The City of Punta Gorda's process satisfies the City's competitive bid requirements. Explanation of Request: Contract Term: December 10, 2018 to December 9, 2023 The City intends to utilize this contract to purchase recap/retread tires sizes 11 R22.5 and 295/80R22.5 for the City's Fleet. A recap/retread tire is made via the process of placing a new tread on an existing casing. Once a new tire has been used and is in need of replacing, instead of replacing it with a new tire, we send the casing to be recapped/retreaded. The life cycle of the recap/retread tire is equivalent to a new tire. Cost comparison for the 11 R22.5 size between a new tire ($522.48) versus a recap/retread tire ($167.62) results in a $354.86 savings per tire. A casing can be recapped/retreaded a total of three times. The City purchased 319 11 R22.5 tires last year. This agreement has a renewal option for additional (5) five years. How will this affect city programs or services? This will enable the purchase of recap/retread tires for the City's fleet at a significant cost savings. Fiscal Impact: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated expenditure of $70,000. FY 18/19 expenditures were $55,973.53 FY 19/20 expenditures were $57,690.60 Alternatives: To not approve utilizing this agreement and only purchase new tires. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description o Resolution Resolluud oin alppiroviirng li liiggy (hack agireezrneinrt with Boulevard "fiiire Ceirnheir © Addendum Award II...ettmeir ❑ Addendum fsriiciing o Addendum f'iriice IInciretase;. D Addendum Acutoirroatic;IRe ne walll © Addendum Piggy lBack IPairliiclil:uatlion Agree:rrrne nf D Agreement Agire:eirnent Page 123 of 1147 https: //boyntonbeach.novusagenda. com/Agendalntranct/Coversheet. aspx?ItemID=8552&... 7/21/2021 November 28, 2018 Boulevard Tire Center Attention: Michael Drungell II Y 0II:::::: II::) t...PIN ...11.A GO If: , I" ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............... PIf: OCI..J1[::ZIFIMIE F DIIVIF)IIOIN 326WES r IMAII=:Z II OIN AVI .IIS V..11 PUN rA GOIf:?»ID& IPII.... 33950 (x941) .;;"75 3300 f:::A : (941) 0"C5...3340 I:::� G II:::I a irc Ihi @ C li tyofl:::' aJ iro t a G o ird a IP II...... co irri RE: FORMAL NOTICE TO AWARD; AGREEMENT #R2017112/SVC-TIRES/1718 The City of Punta Gorda is in receipt of all contractual documents required to finalize the award of the above referenced solicitation. The initial Agreement period shall be December 10, 2018 through December 9, 2023. The Terms and Conditions in the Agreement shall apply for the above term and optional renewal period. The City reserves the right to review the Agreement on an annual basis and determine the continuance of the Agreement based on contractor performance and acceptable price adjustments requests, if any. Included in this email is a scanned signed Agreement. However, we will mail you an original signed Agreement if you submitted 2 sets of original signed Agreements for signature. Please contact me should you have any questions. Sincerely, CITY OF PUNTA GORDA -s- Marian H. Pace, CPPO, CPPB Procurement Manager November 27, 2018 Boulevard Tire Center Attention: Mike Drungell 1111 Y If::. 1:::`)LYN 11.AO IfR [.."M ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� RI::ROCU. [:Z .KE IF IDIVISlIO1N 325 Ki::.::.:5S F IMA11::R10N AV JNt.J PUN IIA Gt': [:RDA, II::::II..... 03050 (941) 5"f"5..3366 FAX: (041) 575 3340 CPGIPu,uitcIh@ClityofICPu.uiritaGoirda II..... com RE: INFORMAL NOTICE TO AWARD; SOLICITATION #R2017112/SVC-TIRES/1718 The City of Punta Gorda is pleased to announce the informal award/intent of the above referenced solicitation to your company. However, final award is contingent upon the City's receipt of the selected required contractual documents: ® Sign Agreement — Please date your signature but do not date the first page and return via email. (NOTE: If you want to have an original signed Agreement returned you must submit two (2) complete sets of the Agreement in hardcopy, original signed format). ® Certificate of Insurance (COI) and Subcontractors (if applicable) (Refer to the Agreement for all requirements and limits): ® All policies shall name the City as Certificate Holder ® General Liability shall name the City as Additional Insured with regards to General Liability. Policy minimum limit $500,000.00 • Certificate of Insurance shall include endorsement documents for Additional Insured and all required coverage: premises and/or operations, independent contractors and products and/or completed operations, broad form property damage, and as applicable to Subcontractor's policy. ® Commercial Automobile Liability- $500,000.00 ® Worker's Comp in accordance with State of Florida requirements Upon the City's receipt of all contractual documents a Final Award Notice and/or Purchase Orders/Notice to Proceed will be either emailed or US Mail (for original Agreement). Please contact me should you have any questions. Sincerely, CITY OF PUNTA GORDA -s- Marian H. Pace, CPPO, CPPB Procurement Manager November 27, 2018 1111 Y If::. If °) L 11 11 GO IfR [.."M ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� R[:ROCU. [:Z .lMIE IF DIVISION 326 Ki::.::::S F IMAI1=R10N AVIf JW..Dlf PUINIFA Gt': [:RDA, II::::II..... 33950 (941) 0"f"5..3366 FAX: (041) 5C5...3340 CPGIPu,uitcIh@ClityofICPu.uiritaGoirda II......com RE: Solicitation #R2017112/SVC-TIRES/1718 NOTICE OF INTENT This notice is to inform all respondents to the above referenced solicitation of the City of Punta Gorda's intent to award this solicitation to Boulevard tire Center of Deland, FL. Please find attached a copy of the City's Protest procedures. The City would like to thank you for your time and effort to prepare and submit your submittal. Should you have any questions, please do not hesitate to contact me. Sincerely, CITY OF PUNTA GORDA -s- Marian H. Pace, CPPD, CPPB Procurement Manager NOTICE CONTACT PROHIBITION IS STILL IN EFFECT All prospective Bidders are prohibited from indirectly or directly communicating with any member of the City of Punta Gorda, City Council, City Manager, or City of Punta Gorda staff member other than the Authorized City Contact Person identified in this Solicitation, or their designated Procurement staff member, regarding this solicitation package, or their submittal package, City's Intent to Award, or City's Intent to Reject (if applicable) at any time prior to the FORMAL AWARD for this project. FORMAL AWARD is defined as the issuance of a NOTICE OF AWARD document or the issuance of a PURCHASE ORDER to the awarded bidder. Any such contact prior to the formal award shall be cause for rejection of your submittal. II..11..Y SII If °)LYI1f IIIC::A RI::ROCU�[::ZEKEN IF DIVISION 325 WII::::::SF 111 A[:R101'4 AoV JN'k..Dlf PUN IFA Gt'[:RDA, II::1 33950 flflt(�io,rdd (�°41) 5 75 3366Pd FAX: (051) 575 3340 GIf"Muir¢.;Ih@Clityofl "u.)iritaGoirdal Il.....,com SOLICITATION PROTESTS 1.1. SOLICITATION PROTEST POLICY Any person whose submittal package is rejected, in whole or in part, or who submits a submittal package but is not awarded the contract may protest such decision, but only in strict compliance with this Section. 1.2. SOLICITATION PROTEST PROCEDURE 1.2.1 WRITTEN NOTICE; TIME. Any person who wishes to file a solicitation protest hereunder must file a notice of intent to do so, in writing, with the City Manager within twenty-four (24) hours, excluding Saturday, Sunday, and City observed holidays, after receipt of the notice of rejection, for rejected submittal packages, or, for contract awards, within twenty-four (24) hours after the City's declaration of its intention with regard to such award. 1.2.2 WRITTEN PROTEST; TIME; CONTENTS. Within five (5) City business days after filing the written notice of intent to protest, a formal written protest must be filed with the City Manager, explaining in detail the nature of the protest and the grounds upon which it is based. 1.2.3 PROTEST BOND. Each written protest must be accompanied by a solicitation protest bond in the form of a certified check, cashier's check or money order made payable to the City of Punta Gorda, in an amount not less than: 1.2.3.1 Five percent (5%) of the protester's bid, proposal or quote amount; or 1.2.3.2 In the case of submission of a "no -bid" by the protestor in the amount not less than five percent (5%) of the lowest responsive, responsible submittal package received by the City or in the case of a request for proposals or invitation to negotiate in the amount of not less than five percent (5%) of the intended contract to be awarded or awarded by the City; or 1.2.3.3 In the case of Request for Qualifications in the amount of two thousand dollars ($2,000.00); or 1.2.3.4 In the case of a term contract, which is absent of "annual estimated volume/usage", in the amount of two thousand dollars ($2,000.00). 1.2.4 FORFEIT OF BOND. The condition of the protest bond shall be that, should the protest be determined to be without merit and non -valid, the bond shall be forfeited to the City in its entirety. 1.3. SOLICITATION PROTEST CONSIDERATION 1.3.1 PROTEST DECISION. Upon receipt of a formal written protest, the City Attorney or designee shall act as the bid protest officer, and who shall be provided all applicable documents and files by the Procurement Manager. The City Attorney or designee shall decide the protest, provide written findings of fact and a conclusion as to the validity or non -validity of the protest to the City Manager within ten (10) City business days after receipt by the City of the formal written protest. 1.3.2 NOTICE OF DECISION. Within twenty-four (24) hours after decision on a protest the City Manager shall mail a copy thereof to the protestor. Punta Gorda FLORIDA INTEROFFICE MEMORANDUM To: Howard Kunik, City Manager From: Marian H. Pace, Procurement Manager Date: November 27, 2018 Subject: R2017112/SVC-TIRES/1718 — AWARD RECOMMENDATION Project Description: The current contract for tire services will be expiring 12/22/18. Procurement solicited request for proposals for a new service vendor, which is also required to be a tire distributor off of state contract or FSA. Services will include on-site and road side services during normal business hours and after hours/holidays. Included in the scope of services is tire service support for Emergency Operations. The awarded Agreement will be federalized; however, services will be based on time & materials which will require an upfront maximum cost for services prior to the issuance of a notice to proceed. Total Vendors noticed: 297 Vendors accessed solicitation: 8 Total Responses: 3 Total M/W/Dbe noticed 191 Total M/W/Dbe Responses: 0 Responses Disqualified/Rejected: 0 (Refer to evaluation) ESC Committee Members: Jason Ciaschini, Roy Noble, Julie Rogan Sutter Final Ranking (Refer to attached minutes for evaluation details): 1. Boulevard Tire 2. Callaghan Tires 3. McGee Auto & Tire Selected Vendor: Boulevard Tire Center of Punta Gorda, FL Award Amount: Est Annual Expenditure/term contract: $112,000.00 Funding: Multiple Accounts Authority to award services: ❑ Procurement Manager ® City Manager ❑ City Council — Meeting Date: AWARD AUTHORIZATION �;�­ /I /,--Ib q , Procurement Manager Date /Concur ❑ Nonconcurrence Award Appro at�7�t� Incur ❑ Nonconcurrence Howard Kunik, City Manager Date Page 128 of 1147 6.E. Consent Agenda 10/18/2022 Requested Action by Commission: Proposed Resolution No. R22-148 - Approve and authorize the Mayor to sign a First Amendment to Subrecipient Grant Agreement between the Department of Economic Opportunity (DEO) and the City of Boynton Beach (COBB) for Fire Station #2 Hardening Project, Agreement Number 10124. Explanation of Request: The City of Boynton Beach has been awarded the amount of $571,611 in grant funding from the Department of Economic Opportunity (DEO) Community Development Block Grant - Mitigation (CBDG-MIT) program to harden the City of Boynton Beach's Fire Rescue Station #2 to mitigate wind damage to the facility. The grant agreement was signed by the Mayor on November 29th, 2021, which approved and authorized its execution. The DEO has made a formal request to amend grant agreement #10124 to replace the original address shown on the grant agreement and reflect their change in address. How will this affect city programs or services? The project will allow the City to increase resilience to disasters, and reduce or eliminate the long term risk of loss of life, injury, damage to, and loss of property by lessening the impact of future disasters. Fiscal Impact: This amendment has no fiscal impact. Alternatives: To not approve the amendment to the Subrecipient Grant Agreement from the DEO. Strategic Plan: Public Health and Safety , Environmental Sustainability Strategic Plan Application: To eliminate the long term risk of loss of life, injury, damage to, and loss of property by lessening the impact of future disasters, which contribute to health and safety and environmental sustainability. Climate Action Application: Is this a grant? Yes Grant Amount: $571,611.00 Attachments: Page 129 of 1147 Ty pe D FRE-)S011utioll'i D Airneindiment D Agireeirner-A Description 1=Resolk.1tion appirom ing IFiii'si[Aii'Tic,.?irre iryieii,it to [..l::::O (.::,',iraint Agireerneint foirIF:::ire Statioin#2.. Arneindlffieint One toI YEO GiraintAgireeirneint I10124 Cibze,in CornplairAF011-11TI Exf,:�cuted II.IE0 GraintAgireeirneint I10124 Page 130 of 1147 1 RESOLUTION NO. R22 -148 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A FIRST 5 AMENDMENT TO THE SUBRECIPIENT GRANT AGREEMENT FROM THE 6 DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND THE CITY OF 7 BOYNTON BEACH (COBB) FOR FIRE STATION #2 HARDENING PROJECT 8 AGREEMENT NUMBER I0124; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City of Boynton Beach has been awarded the amount of $571,611 12 in grant funding from the Department of Economic Opportunity (DEO) Community 13 Development Block Grant -Mitigation (CBDG-MIT) program to harden the City of Boynton 14 Beach's Fire Rescue Station #2 to mitigate wind damage to the facility; and 15 WHEREAS, the grant agreement was signed by the mayor on November 29th, 16 2021, which approved and authorized its execution; and 17 WHEREAS, the DEO has made a formal request to amend grant agreement #I0124 18 to replace the original address shown on the grant agreement and reflect their change in 19 address; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens of the City of 22 Boynton Beach to approve and authorize the Mayor to sign a First Amendment to the 23 Subrecipient Grant Agreement from the Department of Economic Opportunity (DEO) and 24 the City of Boynton Beach (COBB) for Fire Station #2 Hardening Project. Agreement 25 Number I0124. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 27 OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission approves and authorizes the Mayor to sign a 32 First Amendment to the Subrecipient Grant Agreement from the Department of Economic 33 Opportunity (DEO) and the City of Boynton Beach (COBB) for Fire Station #2 Hardening S:ACA\RESO\Agreements\Grants\First Amendment DEO Fire Station #2 - Reso.Docx Page 131 of 1147 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 60 61 62 63 64 65 66 Project. Agreement Number I0124. A copy of the First Amendment is attached hereto and incorporated herein as Exhibit "A" Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of October, 2022. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Grants\First Amendment DEO Fire Station #2 - Reso.Docx Page 132 of 1147 DocuSign Envelope ID: E84013CF9-EB313-4798-8604-31B8206E76E4 DEO Agreement Number: I0124 AMENDMENT ONE TO THE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM (CDBG-MIT) SUBRECIPIENT AGREEMENT On December 8, 2021, the State of Florida, Department of Economic Opportunity ("DEO"), and the City of Boynton Beach ("Grantee") entered into Agreement I0124 ("Agreement"). DEO and the Subrecipient may individually be referred to herein as a "Party" or collectively as the "Parties". WHEREAS, Section 5, Modification of Agreement, of the Agreement provides that any amendment to the Agreement shall be in writing executed by the Parties thereto; and WHEREAS, the Parties Nish to amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Section 15, Citizen Complaints, is hereby deleted in its entirety and replaced with the following: (15) Citizen Complaints. The goal of DEO is to provide an opportunity to resolve citizen complaints in a timely manner, usually within fifteen (15) business days of the receipt of the complaint as expected by HUD, if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies. All applications, guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. The Subrecipient will handle citizen complaints by: (a) Conducting investigations, as necessary; (b) Finding a resolution; or (c) Conducting follow-up actions. Program ApVeals Applicants may appeal program decisions related to one of the following activities: (a) Aprogram eligibility determination; (b) A program assistance award calculation; or (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appealwith the Office of Long -Term Resiliency by email at CDBG- DR&deo.myflorida.com or by mail to the following address: Attention: Office of Long -Term Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building, MSC 420 Tallahassee, Florida 32399 HUD Complaints If the complainant is not satisfied by the Subrecipient's determination or DEO's response, then the complainant may file a written appeal by following the instructions issued in the letter of response. If the complainant has not been satisfied with the response at the conclusion of the complaint or appeals process, a formal complaint may then be addressed directly to the regional Department of Housing and Urban Development (HUD) at: Page I of 3 Date Revised 4/19/2022 Page 133 of 1147 DocuSign Envelope ID: E84013CF9-EB313-4798-8604-31B8206E76E4 DEC) Agreement Number: I0124 Department of Housing & Urban Development Charles E. Bennet Federal Building 400 West Bay Street, Suite 1015 Jacksonville, FL 32202 Fair Housing Complaints The Florida Office of Long -Term Resiliency operates in Accordance with the Federal Fair Housing Law (The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTi� or www.hud.gov/fairhousing. 2. All other terms and conditions remain in effect. Remainder Left Intentionally Blank Page 2 of 3 Date Revised 4/19/2022 Page 134 of 1147 DocuSign Envelope ID: E84013CF9-EB313-4798-8604-31B8206E76E4 DEO Agreement Number: I0124 IN WITNESS HEREOF, by signature below, the Parties agree to abide by the terms, conditions, and provisions of DEO Agreement Number I0124, as amended. This Amendment is effective on the date the last Party signs this Amendment. CITY OF BOYTON BEACH DEPARTMENT OF ECONOMIC OPPORTUNITY SIGNED: SIGNED: TY PENSERGA MEREDITH IVEY MAYOR CHIEF OF STAFF DATE: DATE: Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: Approved Date: Page 3 of 3 Date Revised 4/19/2022 Page 135 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:10124 State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, (hereinafter referred to as "DEO' and the City of Boynton Beach, Florida, hereinafter referred to as the "Subrecipient" (each individually a "Party" and collectively "the Parties'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS, pursuant to Public Law (P.L.) P.L. 115-123 Bipartisan Budget Act of 2018 and Additional Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act, 2019 (approved June 6, 2019), Division B, Subdivision 1 of the Bipartisan Budget Act of 2018, P.L. 115-56, the "Continuing Appropriations Act, 2018"; and the requirements of the Federal Register (FR) notices entitled "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838 (August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 Qanuary 6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD's has awarded Community Development Block Grant—Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) 5 5301 et seq.) and applicable implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act. WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement constitute a subaward of the DEO Federal award, the use of which must be in accordance with requirements imposed by Federal statutes, regulations and the terms and conditions of DSO's Federal award. WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. WHEREAS, all CDBG-MIT activities carried out by the Subrecipient will: (1) meet the definition of mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters; (2) address the current and future risks as identified in DEO's Mitigation Needs Assessment of most impacted and distressed area(s); (3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a Covered Project. Page 1 of 60 Page 136 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement NoA0124 NOW THEREFORE, DEO and the Subrecipient agree to the following: (1) SCOPE OF WORK The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables. With respect to Attachment B, Project Budget, and Attachment C, Activity Work Plan, the Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and appropriate. Provided further, if there is a disagreement between the Parties, with respect to the formatting and contents of such attachments, then DSO's decisions with respect to same shall prevail, at DEO's sole and absolute discretion. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having experience managing projects with funds made available through federal grants. Subrecipient is familiar with DEO's grant agreement with HUD, has reviewed applicable CDBG-MIT regulations and guidelines, will conduct, and will ensure its activities are in compliance with DSO's grant agreement with HUD and all applicable CDBG-MIT regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws, rules and regulations, as now in effect and as may be amended from time to time, including but not limited to, the Federal laws and regulations set forth in 24 CFR Part 570, applicable Federal Register Notices, the State's Action Plan, and all applicable CDBG-MIT regulations and guidelines. Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part 570 subpart I, etseq., and all other applicable federal laws, regulations, and policies governing the funds provided under this Agreement as now in effect and as may be amended from time to time. (3) PERIOD OF AGREEMENT This Agreement is effective as of the date DEO executes this Agreement (the `Effective Date' and ends forty-eight (48) months after execution by DEO, unless otherwise terminated as set forth herein. (4) RENEWAL AND EXTENSION This Agreement shall not be renewed. DEC) shall not grant any extension of this Agreement unless the Subrecipient provides justification satisfactory to DEO in its sole discretion and DEO's Director of the Division of Community Development approves such extension in writing (5) MODIFICATION OF AGREEMENT Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement. DEO may accept or reject any proposed modification based on DSO's sole determination and absolute discretion, that any such acceptance or rejection is in the State's best interest. (6) RECORDS (a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as now in effect and as may be amended from time to time. (b) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipient's books, documents, papers and records, including electronic storage media, as Page 2 of 60 Page 137 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (c) The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement (d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance audits in accordance with Paragraph (7), Audit Requirements and Attachments I and J herein and ensure that all related party transactions are disclosed to the auditor. (e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients, contractors, subcontractors and consultants paid from funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR 570.502(a)(7)(itJ. The Subrecipient shall further ensure that audit working papers are available upon request for a period of six (6) years from the date DEO issues the final closeout of this Agreement, unless extended in writing by DEO. The six-year period may be extended for the following reasons: 1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the six-year period, in which case the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for six (6) years after final disposition. 3. Records relating to real property acquired shall be retained for six (6) years after the closing on the transfer of title. (0 The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors, subcontractors and consultants 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 scope of work and all other applicable laws and regulations. (g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate bank account or (ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement. Provided further, that the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds, projects or programs. DEO may, in its sole discretion, disallow costs made with commingled funds and require reimbursement for such costs as described herein, Subparagraph (22)(e), Repayments. (h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (7) AUDIT REQUIREMENTS (a) The Subrecipient shall conduct a single or program -specific audit in accordance with the provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. (b) Within sixty (60) calendar days of the close of Subrecipient's fiscal year, on an annual basis, the Subrecipient shall electronically submit a completed Audit Compliance Certification to audit deo- ny,ori a,gom, and DEO's grant manager; a blank version of which is attached hereto as Attachment J. The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, Page 3 of 60 Page 138 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Subrecipient. (c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the Subrecipient shall send an electronic copy of its audit report to DEO's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant. (d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives, including but not limited to the pertinent Report Submissions provisions of 2 C.F.R 200.512, when such provisions are applicable to this Agreement. (8) REPORTS Subrecipient shall provide DEO with all reports and information set forth in Attachment G, Reports. The monthly reports and administrative closeout reports must include the current status and progress of Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work, and the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient shall provide additional program updates or information. Without limiting any other remedy available to DEO, if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, payments may be withheld until the reports are completed to DSO's satisfaction. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. (9) INSPECTIONS AND MONITORING (a) Subrecipient shall cooperate and comply with DEO, HUD, and auditors with any inspections and will immediately provide access to records and financial statements as deemed necessary by DEO, HUD, and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR 570.489. (b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes, regulations, and this Agreement. (c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring procedures will include at a minimum: (1) reviewing financial and performance reports required by DEO; (2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site reviews and other means; and (3) issuing a management decision for audit findings pertaining to this Federal award provided to Subrecipient from DEO as required by 2 CFR §200.521. (d) Corrective Actions: DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the pass-through entity as detected through audits, on-site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this agreement, DEO may in its sole discretion and without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. (10) DUPLICATION OF BENEFITS Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5155 et seq.) and described in Appropriations Acts. Subrecipient must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and HUD guidance (including HUD training materials). Subrecipient shall carry out the activities under this Agreement in compliance with DSO's procedures to prevent duplication of benefits. Subrecipient shall sign a Subrogation Agreement (See Attachment M). Page 4 of 60 Page 139 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A vucu019n r=nvulupu w: UrOMUAw-089 1-41-u1--00AU-A10UULU/LA:3A DEO Agreement No.:I0124 (11) LIABILITY (a) If Subrecipient is a state agency or subdivision, as defined in Section 768.28(2), F.S., pursuant to Section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Parry for the other Parry's negligence. (b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida Statutes. Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work and services performed by third parties under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor. (c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions, which result in claims or suits against DEO. Subrecipient agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, F.S. Nothing herein shall be construed as consent by DEO to be sued by third parties in any matter arising out of any agreement, contract or subcontract. (d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient. (12) EVENTS OF DEFAULT If any of the following events occur ("Events of Default'D, DEO may, in its sole and absolute discretion, elect to terminate any obligation to make any further payment of funds, exercise any of the remedies available through this Agreement or pursue any remedy at law or in equity, without limitation: (a) Any warranty or representation made by Subrecipient, in this Agreement or any previous agreement with DEO, is or becomes false or misleading in any respect, or if Subrecipient fails to keep or perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations under this Agreement and/or as required by statute, rule, or regulation; (b) Any material adverse change occurs in the financial condition of Subrecipient at any time during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty (30) calendar days from the date written notice is sent by DEO; (c) If Subrecipient fails to submit any required report or submits any required report with incorrect, incomplete, or insufficient information or fails to submit additional information as requested by DEO; (d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement, including participating in DEO's Implementation Workshop. The Parties agree that in the event DEO elects to make payments or partial payments after any Events of Default, it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment. (e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO 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 creates or will create the delay first arose, if Subrecipient could reasonably foresee that Page 5 of 60 Page 140 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A uucuoiyn mnvCwpC mi. t,rocs,Auu-Daol-4rur-GOAu-AtouutufzA3A DEO Agreement No.:I0124 a delay could occur as a result or (2) within five (5) calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim for damages, other than an extension of time, shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or payment of any kind from DEO 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, Subrecipient shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity or (3) terminate the Agreement in whole or in part. (13) REMEDIES If an Event of Default occurs, DEO may in its sole discretion and without limiting any other right or remedy available, provide thirty (30) calendar days written notice to the Subrecipient and if the Subrecipient fails to cure within those thirty (30) calendar days DEO may choose to exercise one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph (17) Notice and Contact, (b) Begin any 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) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law, rule or regulation governing the use of the funds; and (e) Exercise any corrective or remedial actions, including but not limited to: 1. Request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; and/or 3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question. (f) Exercise any other rights or remedies which may be otherwise available under law. Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right, or remedy in this Agreement or failure by DEO to require strict performance does not affect, extend or waive any other right or remedy available or affect the later exercise of the same right or remedy by DEO for any other default by the Subrecipient. Page 6 of 60 Page 141 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A uocusign tnveiope lu: U;-bb4AUU-SSS1-4t-UF-85AU-A759OE972A3A DEO Agreement No.:I0124 (14) DISPUTE RESOLUTION DEO shall decide disputes concerning the performance of the Agreement, and document dispute decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing with DEO within twenty-one (21) days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120, F.S., is an absolute condition precedent to Subrecipient's ability to pursue any other form of dispute resolution; provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter 120, F.S. (15) CITIZEN COMPLAINTS The goal of DEO is to provide an opportunity to resolve complaints in a timely manner, usually within fifteen (15) business days of the receipt of the complaint as expected by HUD, if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies. All applications, guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. Applicants are allowed to appeal program decisions related to one of the following activities: (a) A program eligibility determination, (b) A program assistance award calculation, or (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal through the Office of Long -Term Resiliency email at CDBG-D& dqg._m_Xfio_tjdk.gqm or submit by postal mail to the following address: Attention: Office of Long -Term Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building, MSC 400 Tallahassee, Florida 32399 The subrecipient will handle citizen complaints by conducting: (a) Investigations asnecessary, (b) Resolution, and (c) Follow-up actions. If the complainant is not satisfied by Subrecipient's determination, then the complainant may file a written appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals process, the complainant has not been satisfied with the response, a formai complaint may then be addressed directly to DEO at: Department of Economic Opportunity Caldwell Building, MSC -400 107 E Madison Street Tallahassee, FL 32399 The Florida Office of Long -Term Resiliency operates in Accordance with the Federal Fair HousingLaw (The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated againstmay file Page 7 of 60 Page 142 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (I -M or www.hud.gov/fairhousing. (16) TERMINATION (a) DEO may immediately suspend or terminate this Agreement for cause by providing written notice, from the date notice is sent by DEO. Cause includes, but is not limited to: an Event of Default as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUD guidelines, policies, directives or laws; failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document, paper, letter or other material subject to disclosure under law, including Chapter 119, F.S., as amended. The aforementioned reasons for termination are listed in the immediately preceding sentence for illustration purposes but are not limiting DEO's sole and absolute discretion with respect to DEO's right to terminate this Agreement. In the event of suspension or termination, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs. (b) DEO may unilaterally terminate this Agreement, in whole or in part, for convenience by providing Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date and, in the case of partial termination, the portion to be terminated. However, if in the case of partial termination, DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEO may terminate the portion of the award which will not accomplish the purpose for which the award was made. Subrecipient shall continue to perform any work not terminated. In the event of termination for convenience, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (c) The Parties may terminate this Agreement for their mutual convenience in writing, in the manner agreed upon by the Parties, which must include the effective date of the termination. (d) In the event that this Agreement is temminated, Subrecipient shall not incur new obligations under the terminated portion of the Agreement after the date Subrecipient has received the notification of termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent authorized by law, withhold payments to Subrecipient for the purpose of set-off until the exact amount of damages due to DEO from Subrecipient is determined. (e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG-MIT funds. (f) Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the subrecipient in the form of a loan) in excess of $25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement, unless otherwise agreed upon by the Parties, or except as otherwise set forth herein; or 2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- CDBG-MIT funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. (g) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. Page 8 of 60 Page 143 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope [D: CF6BCAO4-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 (17) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of email from Subrecipient, to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. (b) The name and address of DEO's Grant Manager for this Agreement is: Paul Wotherspoon _. ..........„ ,.................... 107 E Madison St. . _.w_..... ... .... ........... ...................... Tallahassee, FLorida 32399 ... -1- - .. _.----- .........m. 850-717-8502 Paul Wothers oonadeo m rilorida c o m (c) The name and address of the Local Government Project Contact for this Agreement is: Paola Mendoza P. O. Box 310 Boynton Beach, Florida 33425 __.w........._.........�w.w�...................__.... ....... ....................... 561-742-6266 MendozaP bbfl us (d) If 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 as provided for in this Agreement. Such change shall not require a formal amendment of the Agreement. (18) CONTRACTS If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be forwarded to the DEO grant manager for prior written approval. For each contract, the Subrecipient shall report to DEO as to whether that contractor or any subcontractors hired by the contractor, is a minority vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 CFR 5200.318 - §200.327and 5200.330 when procuring property and services under this Agreement (refer to Attachments D & E). The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: (a) the period of performance or date of completion; (b) the performance requirements; (c) that the contractor is bound by the terms of this Agreement; (d) that the contractor is bound by all applicable State and Federal laws, rules, and regulations; (e) that the contractor shall hold DEO and Subrecipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; (f) the obligation of the Subrecipient to document in Subrecipienes reports the contractor's progress in performing its work under this Agreement; (g) the requirements of 2 CFR Appendix II to Part 200 — Contract Provision for Non -Federal Entity Contract Under Federal Awards — (refer to Attachment L) Page 9 of 60 Page 144 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR 570.4890)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and provisions addressing bid, payment, performance bonds, if applicable, and liquidated damages. Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of this Agreement, (19) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous understandings. No waiver by DEC) may be effective unless made is writing by an authorized DEO official. (20) ATTACHMENTS (a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (b) This Agreement contains the following attachments: Attachment A — Project Description and Deliverables Attachment B — Project Budget (Example) Attachment C —Activity Work Plan (Example) Attachment D — Program and Special Conditions Attachment E — State and Federal Statutes, Regulations and Policies Attachment F — Civil Rights Compliance Attachment G — Reports Attachment H — Warranties and Representations Attachment I — Audit Requirements Exhibit 1 to Attachment I — Funding Sources Attachment J — Audit Compliance Certification Attachment K — SERA Access Authorization Form (form provided after execution of this agreement) Attachment L - 2 CFR Appendix H to Part 200 Attachment M — Subrogation Agreement (21) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed Five Hundred Seventy -One Thousand Six Hundred Eleven Dollars and Zero Cents ($571,611.00) subject to the availability of funds. The State of Florida and DEO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216, F.S. or the Florida Constitution. (b) DEO will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability ("NFA' through DEO's financial management information system. Each NFA may contain specific terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA, Subrecipient agrees to comply with all terms, conditions, assurances, restrictions or other instructions listed in the NFA. (c) By execution of this Agreement, Subrecipient certifies that necessary written administrative procedures, processes and fiscal controls are in place for the operation of its CDBG-MIT program for which Subrecipient receives funding from DEO. These written administrative procedures, processes and fiscal controls must, at minimum, comply with applicable state and federal law, rules, regulations, guidance Page 10 of 60 Page 145 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of Attachment D, Program and Special Conditions. (d) Subrecipient shall expend funds only for allowable costs and eligible activities, in accordance with the Scope of Work. (e) Subrecipient shall request all funds in the manner prescribed by DEO. The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of each Request for Funds ("RFF') on behalf of Subrecipient. SERA Access Authorization Form will be provided after the execution of this Agreement. (f) Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG-MIT funds. (g) 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 Budget, the Florida Legislature, the State Chief Financial Officer or under Subparagraph (23), Mandated Conditions of this Agreement, all obligations on the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit its administrative closeout report and subgrant agreement closeout package as directed by DEO within thirty (30) calendar days from receipt of notice from DEO. (h) Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by Subrecipient. (i) All expenditures under this Agreement shall be made in accordance with this Agreement and any applicable state or federal statutes, rules, or regulations. (j) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the "Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq., (the "Stafford Act"). (k) CDBG-MIT funds, appropriated and identified by Public Law, are governed by one or more Federal Register notices that contain requirements, applicable waivers, and alternative requirements that apply to the use of these funds. (22) REPAYMENTS (a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. (b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobligated funds which have been advanced or paid. (c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions of this Agreement. (d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 CFR § 570.483(6), (c) and (d); provided, however, the Subrecipient is not required to repay funds for subgrant administration unless DEO, in its sole discretion, determines Subrecipient is at fault for the ineligibility of the activity in question. (e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance. (� In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Subrecipient shall pay to DEO a service fee of $15.00 or five percent of the face amount Page 11 of 60 Page 146 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 of the returned check or draft, whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of "Department of Economic Opportunity" and mailed directly to DEO at the following address: Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street — MSC 400 Tallahassee, Florida 32399-6508 (23) 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 Subrecipient in this Agreement, in any later submission or response to a DEO request or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations and materials are incorporated herein by reference. (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. The Parties explicitly waive any right to jury trial. (c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from and shall not invalidate any other provision of this Agreement. (d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. (e) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (f) Subrecipient shall comply with all applicable local, state and federal laws, including the Americans With Disabilities Act of 1990, as amended; the Florida Civil Rights Act, as amended, Chapter 760, Florida Statutes; Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. § 12101 etseq.) and laws which prohibit discrimination by public and private entities on in employment, public accommodations, transportation, state and local government services and telecommunications. (g) Pursuant to Section 287.133(2)(x), F.S., a person or affiliate, as defined in Section 287.133(1), F.S., 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 thirty- five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. By executing this Agreement, the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the convicted vendor list. (h) Pursuant to Section 287.134(2)(a), F.S., an entity or affiliate, as defined in Section 287.134(1), who has been placed on the discriminatory vendor list 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. By executing this Agreement, the Subrecipient represents Page 12 of 60 Page 147 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 and warrants that neither it not any of its affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. (j) In the event travel is pre -approved by DEO, any bills for travel expenses shall be submitted and reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR § 200.474. (k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to DEO or be applied against DSO's obligation to pay the Agreement award amount. (1) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law (Section 286.011, F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. Subrecipient agrees that all such aforementioned meetings shall be publicly noticed, open to the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119, F.S. (m) Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990; and section 906 of P.L. 101-625, the Cranston -Gonzalez National Affordable Housing Act, 1990, by having, or adopting within ninety (90) days of execution of this Agreement, and enforcing, the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. (n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEC) any CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-M1T funds. (24) LOBBYING PROHIBITION (a) No funds or other resources received from DEO 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. (b) The Subrecipient certifies, by its signature to this Agreement, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, 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 general 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 Subrecipient shall complete and submit Standard Farm -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. Subrecipient shall require that 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 as described in this Agreement. This certification is a material representation of fact upon which reliance was placed Page 13 of 60 Page 148 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 5 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. (25) COPYRIGHT, PATENT AND TRADEMARK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by Subrecipient to the State of Florida. (a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement expressly 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, Subrecipient shall refer the discovery or invention to DEO 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, Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. (c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of this Agreement. (26) LEGAL AUTHORIZATION (a) Subrecipient 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. Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. DEO may, at its discretion, request documentation evidencing the undersigned has authority to bind Subrecipient to this Agreement as of the date of execution; any such documentation is incorporated herein by reference. (b) Prior to the execution of this Agreement, Subrecipient warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, investigation or any other legal or financial condition that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations. Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of this Agreement. (27) PUBLIC RECORD RESPONSIBILITIES (a) In addition to Subrecipient's responsibility to directly respond to each request it receives for records, in conjunction with this Agreement and to provide the applicable public records in response to such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an email to PRRe_luestiri deo,,my florida.com within one (1) business day from receipt of the request. (b) Subrecipient shall keep and maintain public records required by DEO to perform the Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DEO's custodian of public records, provide DEO 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 by Chapter 119, F.S., or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers, letters or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the Page 14 of 60 Page 149 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), F.S. For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011, F.S., Subrecipient shall be responsible for providing such public records per the cost structure provided in Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise provided by law. (c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with this Agreement. (d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section 119.0701(1)(a), F.S. ("Subrecipient-contractor'), the Subrecipient-contractor shall transfer to DEO, at no cost to DEO, all public records upon completion including termination, of this Agreement or keep and maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257, F.S. All records stored electronically must be provided to DEO, upon request from DEO's custodian of public records, in a format that is compatible with the information technology systems of DEO. (e) If DEO does not possess a record requested through a public records request, DEO shall notify Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time, but in all cases within fourteen business days. If the Subrecipient-contractor does not comply with DEO's request for records, DEO shall enforce the provisions set forth in this Agreement. Subrecipient- contractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under Section 119.10, F.S. (f) Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within seventy-two (72) hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed or improperly used, copied or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. Subrecipient shall cooperate with DEO, in taking all steps as DEO deems advisable, to prevent misuse, regain possession or otherwise protect the State's rights and the data subject's privacy. (g) Subrecipient acknowledges DEO is subject to the provisions of Chapter 119, F.S., relating to public records and that reports, invoices and other documents Subrecipient submits to DEO under this Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO regarding DEO's efforts to comply with the requirements of Chapter 119, F.S. (h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information, such records should be identified as such by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of Chapter 119, F.S., prior to submittal of the record to DEO serves as the Subrecipient's waiver of a claim of exemption. Subrecipient shall ensure 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 this Agreement term and following completion of this Agreement if the Subrecipient- contractor does not transfer the records to DEO upon completion, including termination, of this Agreement. Page 15 of 60 Page 150 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 (i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRRg ugst ( o,.m 4arida peom, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. (j) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents, employees, partners, contractors and subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and their officers, agents and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, employees, partners, contractors or subcontractors, provided, however, Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEO. DEO, in its sole discretion, has the right, but not the obligation, to enforce this indemnification provision. (k) DEO does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S., Subrecipient shall not publicly disseminate any information concerning this Agreement without prior written approval from DEO, including, but not limited to, mentioning this Agreement in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise linking Subrecipient's name and either a description of the Agreement or the name of DEO or the State in any material published, either in print or electronically, to any other entity that is not a Party to this Agreement, except potential or actual employees, agents, representatives or subcontractors with the professional skills necessary to perform the work services required by the Agreement. 0) Subrecipient shall comply with the requirements set forth in Section 119.0701, F.S., when entering into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEO may terminate this Agreement if the Subrecipient does not comply with this provision. (28) EMPLOYMENT ELIGIBILITY VERIFICATION (a) Section 448.095, F.S., requires the following: 1. Every public employer, contractor, and subcontractor shall register with and use the E - Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. 2. A private employer shall, after making an offer of employment which has been accepted by a person, verify such person's employment eligibility. A private employer is not required to verify the employment eligibility of a continuing employee hired before January 1, 2021. However, if a person is a contract employee retained by a private employer, the private employer must verify the employee's employment eligibility upon the renewal or extension of his or her contract. (b) E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new Page 16 of 60 Page 151 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCAOO-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 employees hired to work in the United States. There is no charge to employers to use E -Verify. The Department of Homeland Security's E -Verify system can be found at: (c) If the Recipient does not use E -Verify, the Recipient shall enroll in the E -Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. (29) PROGRAM INCOME (a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR S 570.500(a) or in the Federal Register Guidance governing the CDBG-MIT funds) generated by activities carried out with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report. The Subrecipient shall use program income in accordance with the applicable requirements of 2 CFR part 200, 24 CFR part 570.489, 570.500, 570.504 and the terms of this Agreement. (b) Program income generated after closeout shall be returned to DEO. Program income generated prior to closeout shall be returned to DEO unless the program income is used to fund additional units of CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. (30) NATIONAL OBJECTIVES All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall meet the following national objectives and satisfy the following criteria: (a) Benefit low and moderate income; (b) Meet a particularly urgent need; (c) Aid in the prevention or elimination of slums or blight. (31) INDEPENDENT CONTRACTOR (a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed Subrecipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between the Parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Nothing in this Agreement shall be construed to create any agency or employment relationship between DEO Subrecipient, its employees, subcontractors or agents. Neither Party shall have any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied, on behalf of the other. (b) Subrecipient, its officers, agents, employees, subcontractors or assignees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner of the State of Florida. (c) Subrecipient shall have sole right to control the manner, method and means by which the services required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay Subrecipient's employees. Neither Subrecipient, not its officers, agents, employees, subcontractors or Page 17 of 60 Page 152 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:10124 assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant, joint venturer or partner of the State of Florida. (e) Unless justified by the Subrecipient, and agreed to by DEO in the Scope of Work, DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient or its subcontractor or assignee. (f) DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, reemployment assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees, subcontractors and other agents, receive benefits and necessary insurance (health, workers' compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of Chapter 443, F.S. (h) DEO shall not be responsible the provision of any training to Subrecipient, its employees, assigns, agents, representatives or subcontractors in the professional skills necessary to perform the work services required by this Agreement; DEO may provide training in the form of an Implementation Workshop in keeping with implementation Remainder of this page is intentionally left blank — Page 18 of 60 Page 153 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCAOO-5851.4FOF-86AO-A759OE972A3A DEO Agreement No.J0124 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned officials. CITY OF BO'�1"ON BEACH, YLORIDA DEPARTMENT OF ECONOMIC OPPO wgw'by: By"°� �.... ......���� � . wwwwww.w..ww........._. BY �............�ww�...�.� t Yt'� t w .............. ............. Signature "i a eza.. Steven Grant Meredith Ive -........................................_._... ..w . w.w ww..._.., _........� ,__..,_ _. Title Mayor Title Chief of Staff Date I „ '. -.'2 0 t ....�......................... _...... _ Federal Tax ID # 59-6000395 T1TTXTC 44 �.�._...._ n77'7d7121 Date 12/8/2021 pproved as to form and legal sufficiency, subject my to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY DOCUSigne/dN by: By: .�......... ww........._...._.....n......... www...w...... .._L � i BD 1 E'g'C75 iKBd".. ............. Approved Date: ... ...wwwwwwlw.2 6/202,1 _-............. ..__.._...._. Page 19 of 60 Page 154 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 Attachment A — Project Description and Deliverables 1. PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive $633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low -to -Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register, Vol. 84, No. 169. The Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program $20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration $63,485,000. This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding under this program must harden critical facilities that serve a public safety purpose for local communities. Critical facilities include: 1. Potable water facilities 2. Wastewater facilities 3. Police departments 4. Fire departments 5. Hospitals 6. Emergency operation centers 7. Emergency shelters 2. PROJECT DESCRIPTION: The City of Boynton Beach, Florida has been awarded Five Hundred Seventy One Thousand Six Hundred Eleven Dollars and Zero Cents ($571,611.00) in CDBG-MIT (Community Development Block Grant — Mitigation) funding to harden the City of Boynton Beach's Fire Rescue Station No. 2. Activities to mitigate wind damage include: A. Replacement of the eight (8) overhead roll up garage bay doors for fire apparatus access to provide protection for the largest opening(s) in this critical facility, ensuring rescue equipment is functional following a natural or man-made disaster. To properly mitigate the facility and its equipment from wind damage, the doors shall comply with the high -impact wind load testing and design factors. B. Installation of hurricane strapping to secure exterior HVAC equipment, C. Removing rust and painting generator enclosure; and D. Replacement of existing light poles with code compliant poles to reduce the possibility of downed poles blocking fire apparatus entry/exit during and following natural disasters. This project satisfies the Law -to -Moderate (LMT) National Objective as the area of benefit population has an LMI of 51.14%. The project is projected to begin November 1, 2021 and be completed within 48 months after date of execution. The City will contribute $26,474.00 in-kind staff support for a total project cost of $598,085.00. The team overseeing the project includes the City Manager, Public Work Director, City Engineer, Fire marshal, Project Manager, Purchasing Manager, and selected contractor(s). Page 20 of 60 Page 155 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 3. SUBRECIPIENT RESPONSIBILITIES: A. Complete and submit to DEO within thirty (30) days of Agreement execution a staffing plan which must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for review and approval. The Staffing plan must include the following: 1. Organizational Chart; and 2. Job descriptions for Subrecipient's employees, contracted staff, vendors, and contractors. B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for review and approval within thirty (30) days of Agreement execution. The DEO Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1. Procurement policies and procedures that incorporate 2 CFR Part 200.317-327. 2. Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. 3. Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-MIT and DEO policies. 4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the Subrecipient will verify the accuracy of applicant information, monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored, and procedures for referring instances of fraud, waste and abuse to HUD OIG Fraud Hotline (phone: 1-800-347-3735 or emailc�.➢�,,°(,l�u�is:w). 5. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG- MIT grant funds when available. D. Upload required documents into a system of record provided by DEO. E. Complete and submit an updated Project Detail Budget (Attachment B) for review and approval by DEO no later than thirty (30) days after Agreement execution. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to DEO for review and approval by the DEO Grant Manager. F. Maintain organized Subrecipient agreement files and make them accessible to DEO or its representatives upon request. G. Comply with all terms and conditions of the Subrecipient Agreement, Infrastructure Program Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws. H. Provide copies of all proposed procurement documents to DEO ten (10) days prior to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by DEO Grant Manager. Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. I. Complete procurement of all applicants for internal grants management and compliance and direct program and product production, including- 1. ncluding1. Selection of applicants, subrecipients and/or staff that will be responsible for managing applicant intake and related operations, compliance, finance, and administration. 2. Selection of applicants, subrecipients and/or staff that will be responsible for appraisal, environmental review, title services and legal services. 3. Copies of all contracts that will be executed by Subrecipient. Contracts must be provided to DEO prior to execution as detailed in Attachment D. Any contract executed by Subrecipient must follow the terms and conditions set forth in this Agreement. Should the submitted contract require necessary additions and/or changes, DEO's Contract Manager will contact Subrecipient regarding Page 21 of 60 Page 156 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A —U—V" ,. ., r � � DEO Agreement No.:I0124 changes. Subrecipient is required to submit the updated contract within thirty (30) days. Should the contract not be submitted in a timely manner, Subrecipient will be required to complete the selection process once more. J. Ensure all projects seeking assistance under the current CDBG-MIT funds, and any future funds allocated for Mitigation, provided by DEO, receive the required Environmental Clearance from DEO prior to Subrecipient being able to commit CDBG-MIT funds. K. Provide the following documentation to DEO within ten (10) calendars after the end of each month: 1. A revised detail report measuring the actual cost versus the project cost. 2. An updated Attachment C which documents any changes to the project progress along with justification for the revision. L. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with the milestones outlined in the Mitigation Program Guidelines and report actual progress against the projected progress ten (10) calendar days after the end of each month. M. Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quarter: 1. Submit updated organization chart on a quarterly basis with quarterly report. 2. If staffing changes, there must be s submittal stating the names, job descriptions, on the monthly report deadline. 3. A progress report documenting the following information: a. Accomplishments within the past quarter; b. Issues or risks that have been faced with resolutions; and c. Projected activities to be completed within the following quarter. N. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C — Activity Work Plan. If Subrecipient is unable to meet a deadline within thirty (30) calendar days of the due date, Subrecipient shall request an extension of such deadline from DEO in writing at least thirty (30) business days prior to the deadline. Deadlines shall not be extended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (5) Modification of Agreement. O. Close out report will be no later than sixty (60) calendar days after this Agreement ends or is otherwise terminated. 4. ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No. 1— Engineering and Design Tasks that are eligible for reimbursement are as follows: Architectural and Structural construction documents including drawings and specifications such as shop drawings, submittals, reviews for roof replacement, light pole installation and HVAC tie down strapping. B. Deliverable No. 2 — Construction Tasks that are eligible for reimbursement are as follows: 1. Removal of existing eight (8) roll -dawn bay doors and replacement with eight (8) overhead doors meeting American Society of Civil Engineer (ASCE) Standards 07-10 and American National Standards Institute / Door and Access Systems Manufacturing Association (ANSI/DASMA) 108 and DASMA Technical Sheet 115. 2. Replace tie down strapping for the current HVAC equipment with strapping of like dimension to the concrete slap. 3. Refurbish existing generator housing through removal of rust and repainting. Page 22 of 60 Page 157 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A Uomslgn tnvelope IU: Qt-bbUAUU-5551-41-UI--df5AU-A759UG972A3A DEC) Agreement No.:I0124 4. Remove and replace existing light poles and replace with code compliant poles and foundations of like dimension. Supporting activities shall include: 1. Maintain financial records related to project activities; 2. Maintain project files; 3. Attend meetings to provide progress reports on subgrant activities; 4. Prepare documentation for and attend monitoring visits by DEO; 5. Prepare requests for funds for submission; 6. Prepare subgrant modification documents; 7. Prepare administrative closeout report; among other required activities to implement the project. 5. DEO RESPONSIBILITIES: A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be DEO in its discretion B. Assign a Grant Manager as a point of contact for Subrecipient C. Review Subrecipient's invoices described herein and process them on a timely basis D. DEO shall monitor progress, review reports, conduct site visits, as DEO determines necessary at DEO's sole and absolute discretion, and process payments to Subrecipient 6. DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No. 1- Engineering and De... si .. _... _, gn _......w.w.w..w. ..._.._........ Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete eligible Subrecipient may request Failure to complete the Minimum tasks as detailed in Section 4.A of this reimbursement upon completion Level of Service as specified shall Scope of Work. of the tasks listed in Section 4.A result in non-payment for this of this Scope of Work as deliverable for each payment evidenced by submittal of the request. following documentation: 1) Copies of design drawings and specifications; and 2) Invoice package in accordance with Section 7 of this Scope of Work. .. ... ..w. ..... .. .......... _,_............. .......................... ......... _ .... .. ........___._ _. ...... Deliverable Cost...- $32,383.00 Deli.tion verable No. 2 - Construc ... Tasks ..... .. ......................... Minimum Level of Service ......_ _............. ...._ ................... ............. Financial Consequences _. _.....____i Subrecipient shall complete eligible Subrecipient may request q Failure to complete plete the Minimum tasks as detailed in Section 43.1 of this reimbursement upon completion Level of Service as specified shall Scope of Work. of a minimum of one (1) of the result in non-payment for this tasks listed in Section 41.1 of this deliverable for each payment Scope of Work as evidenced by request. Page 23 of 60 Page 158 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A U4Cuoign Cnveiope w: l:I-bCftLNUU- tf `I ^4t"Ut`^tSbKU-Kf�yU�,y/LH:SH DEO Agreement No.:I0124 ...................................................-.......................... ..--- ............................... submittal of the following Page 24 of 60 Page 159 of 1147 documentation: 1) AIA form G702 or similar accepted DEO form completed p P by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7 of this Scope of Work. Subrecipient shall complete eligible Subreci lent may request Failure to complete the Minimum tasks as detailed in Section 4.B.2 of this reimbursement upon completion Level of Service as specified shall Scope of Work. of a minimum of one (1) of the result in non-payment for this tasks listed in Section 4.13.2 of this deliverable for each payment Scope of Work as evidenced by request. submittal of the following documentation: 1) ALA form G702 or similar accepted DEO form completed by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7 of this Scope of Work. .................. _._....... Subrecipient shall complete eligible ......... .............. Subrecipient may request _._...... ...�. Failure to complete the Minimum tasks as detailed in Section 4.13.3 of this reimbursement upon completion Level of Service as specified shall Scope of Work. of a minimum of one (1) of the result in non-payment for this tasks listed in Section 4.B.3 of this deliverable for each payment Scope of Work as evidenced by request. submittal of the following documentation: 1) AIA form G702 or similar accepted DEO form completed by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7 of this Scope of Work. .............. ... _m Subrecipient shall complete eligible .._ _.....--------- Subrecipient may request .............. ............._._...... Failure to complete the Minimum tasks as detailed in Section 4.B.4 of this reimbursement upon completion Level of Service as specified shall Scope of Work. of a minimum of one (1) of the result in non-payment for this tasks listed in Section 4.B.4 of this deliverable for each payment Scope of Work as evidenced by request. submittal of the following documentation: Page 24 of 60 Page 159 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A IJVl: aytl GrIV upt: iu. VrVD',MVV-D00 i-+rvr-ooHWF5t,awut:vtGN3N DEO Agreement No.10124 ............................. ............... __...,._ M.w ............... 1) AIA form G702 or similar accepted DEC) form completed COST SHIFTING: The deliverable amounts specified within the Deliverables table above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from DSO's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Subrecipient, as described in Modification section of the Agreement. Regardless, in no event shall DEQ reimburse costs of more than the total amount of this Agreement. 7. INVOICE SUBMITTAL: DEO shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding Requirements of s. 215.971 (1), F.S. and Section 21 of this Agreement, Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures A. Subrecipient shall provide one invoice for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the Subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 6, DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement, and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project, is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. Page 25 of 60 Page 160 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 C. Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DEO's Subrecipient Management Reporting Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the Agreement. Remainder of this page is intentionally left blank Page 26 of 60 Page 161 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A d cq H C> 6 z ani a O W Q rn U) d 0 I V Page 162 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A d_ N w........... N C) ti O" z 4+ as ........ O a iU 'd W_ ... ... .......... __..... ......... .......m_ I .Li O 'b ...... ........... O ........... V O v U 4J �O v ....... A, O U O rn "d b M fq 'Zy W 0 w V v O O as a cal "4.4 ..�°. H3^x.1' +�44 C% O O rr O V]Q V u] a ._....cm - Page 163 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A 0 w z 0 rr 0 v5 0 ON N CD 9P1 Page 164 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment D — Program and Special Conditions 1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DSO's request for justification for the delay. Any project for which the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided adequate justification for the delay. 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and Activity Work Plan. 3. The Subrecipient shall request DEO's approval for all professional services contracts and/or agreements that -will be reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO for review: a. When publication of a Request for Proposal (RFP) is used as a means of solicitation, a copy of the advertisement, including an affidavit of publication; b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved because it violates State, Federal or local procurement guidelines. The Subrecipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG-MIT funds to pay for professional services. 4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed $5000, the Subrecipient shall complete the following: a. Submit for DSO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract, the local government will not be able to use CDBG-MIT funds for that contract beyond $5,000. b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act, 40 CFR 5§ 1500-1508. When the Subrecipient has completed the environmental review process, it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD -7015.16) when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT FUNDS" 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. §§ 4601-4655; hereinafter, the "URA" }, implementing regulations at 24 CFR part 42,49 CFR part 24 and 24 CFR § 570.606(b), the requirements of 24 CFR 4 42.325 — 42.350 governing the Residential Anti -displacement and Relocation Assistance Pian under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 CFR 5 570.606(d), governing optional relocation assistance policies. 6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including a notice to property owners of his or her rights under the URA, an invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can Page 30 of 60 Page 165 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG-assisted project. 7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement, DEO, HUD, and applicable, regulations and guidance laws, specifically including but not limited to: a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Section 3 Participation Report (Construction Prime Contractor); c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable); and d. Section 3 Participation Report (Construction Subcontractor), (if applicable). 8. In addition, each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential Housing, as defined in the Allocation notice published in the Federal Register Volume 81, Number 224 on Monday, November 21, 2016. 9. For each Request for Funds (RFF) that includes reimbursement of construction costs, the Subrecipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs, the Subrecipient shall provide a copy of AIA form G702, or a comparable form approved by DEO, if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO, if applicable. 10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price); and c. The contractor's payment bond (100 percent of the contract price). 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 CFR § 570.487(6). 12. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility, excluding easements, acquired with CDBG-MIT funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real property shall be in accordance with 24 CFR § 570.4890). 13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966, as amended, the procedures set forth in 36 CFR part 800, and the Secretary of the Interior's Standards for Rehabilitation, codified at 36 CFR 67, and Guidelines for Rehabilitating Historic Buildings. 14. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. § 3545, the Subrecipient shall update and submit Form HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers, contractors, consultants and engineers involved in the application or in the planning, development or implementation of the project or CDBG- MIT -funded activity; and Page 31 of 60 Page 166 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 b. Any person or entity that has a financial interest in the projector activity that exceeds $50,000 or 10 percent of the grant, whichever is less. 15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR § 570.4890. Title 24 CFR § 570.489(h) shall apply in all conflicts of interest not governed by 24 CFR 5 570.4890, such as those relating to the acquisition or disposition of real property; CDBG-MIT financial assistance to beneficiaries, businesses or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with, and this Agreement is subject to, Chapter 112 F.S. 17. Any payment by the Subrecipient using CDBG-MIT funds for acquisition of any property, right-of-way, or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre - approval, any portion of the cost of the acquisition exceeding Fair. Market Value shall not be paid or reimbursed with CDBG-MIT funds. 18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the construction progresses, additional photography or videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to DEO with the administrative closeout package for this Agreement. 19. If an activity is designed by an engineer, architect or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. . This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. Page 32 of 60 Page 167 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment E — State and Federal Statutes, Regulations, and Policies The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DEO's Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR part 200. This agreement includes terms and conditions of DSO's Federal award that are imposed on the Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. The Subrecipient agrees to, and, by signing this Agreement, certifies that, it will comply with all applicable provisions of the Housing and Community Development Act of 1974, as amended, and the regulations at 24 CFR part 570, as modified by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement. These Federal Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30, 2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9, 2018/Notices, Volume 82, No. 11/Wednesday, January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7, 2017/Notices, and Vol. 83, No. 157/Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the Subrecipient does not assume any of DEO's responsibilities for environmental review, decision-making and action, described in 24 CFR part 58 and (2) the Subrecipient does not assume any of DSO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable Federal, state and local laws, regulations and policies as now in effect and as may be amended from time to time that govern the use of the CDBG-MIT funds in complying with its obligations under this agreement, regardless of whether CDBG-'VIIT funds are made available to the Subrecipient on an advance or reimbursement basis. The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State, and local laws, regulations and policies governing the funds provided under this Agreement, including, but not limited to the following: 1. a tatg of.Fj9n „Requirement State of Florida Requirements are stated throughout this Agreement and Attachments thereto. 2. Audits Inssections, and„Monitoring a. Sine Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501 Audit requirements. b. IiaN2pctions mmand,MonitoJo n.. The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of this agreement. This review must include: (1) Reviewing financial and performance reports required by DEO; (2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site reviews, and other means; and (3) Issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 CFR §200.521. Page 33 of 60 Page 168 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A uocuoign tnveiope iu: art)bL;Auu-aao-i-4tur-nbvu-AtouutatrrAaA DEO Agreement No.: I0124 c. Corrective Actions The Subrecipient shall be subject to reviews and audits by DEO, including onsite reviews of the Subrecipient as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2). DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site. DEO may impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. 3. Drug;-Free„W,orklace Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429, which adopts the government -wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707). 4. Procurement mmand wCon tractor Oversigh The Subrecipient shall comply with the procurement standards in 2 CFR 5200.318 - 5200.327 when procuring property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically including, 24 CFR 570.609 or 24 CFR 570,489, as applicable. CDBG funds may not be provided to excluded or disqualified persons. The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement, its contractors perform according to the terms and conditions of the procured contracts or agreements, and the terms and conditions of this agreement. To check for debarred or suspended entities, please visit Al 5. Properly Standards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.4890) and 24 CFR 570.2000). The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310, 2 CFR 200.312, 2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that when the equipment is sold, the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after compensating DEO. The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316, except to the extent they are inconsistent with 24 CFR 570.2000) and 24 CFR 570.4890), in which case Subrecipient shall comply with 24 CFR 570.2000) and 24 CFR 570,4890), except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(ii). 6. Federal Funding Act ta�llity and Transiaarea( yAct” TATA) The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The Subrecipient must have an active registration in SAM, ht;Ps,: _/W.Ww.sam,goy,J,$AW;, in accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number fedg( y.dn� rom ycbform The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 7. Relocation,,,and,Rgal Fj;gg1gn),, A„r lui i#ion The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), 42 USC 4601 — 4655, 49 CFR part 24, 24 CFR part 42, and 24 CFR 570.606. Page 34 of 60 Page 169 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A LjocubIgn r-nveiope IU: t,.rbt5t AUu-Ot$0-1-4rur-t$OAU-H/Sautat/-AJA DEO Agreement No.: I0124 In addition to other URA requirements, these regulations (49 CFR § 24.403(d)) implement Section 414 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the URA shall be denied such eligibility as a result of his being unable, because of a major disaster as determined by the President, to meet the occupancy requirements set by such Act". 8. Non-discrimination a. 24 CFR Part 6 The Subrecipient will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title 1) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race, color, national origin, religion or sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-MIT funds. Thus, the Subrecipient shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146, which implement the Age Discrimination Act for HUD programs. b. Architectural Barriers Act and the Americans with Disabilities Act The Subrecipient shall ensure that its activities µ are consistent with requirements of Architectural Barriers Act and the Americans with Disabilities Act. The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense. c. State _and „ LocalNondiscrimination Provisions The Subrecipient must comply with the Florida Small and Minority Business Assistance Act (55 288.703-288.706, F.S.); Title VI of the Civil Rights Act of 1964 (24 CFR part 1) (1) General Compliance The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88- 352), as amended. 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 funded by this agreement. The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds. The Subrecipient shall not intimidate, threaten, coerce or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under 24 CFR part 1. The identity of complainants shall Page 35 of 60 Page 170 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1, including the conduct of any investigation, hearing or judicial proceeding arising thereunder. (2) Assurances and Real Property Covenants As a condition to the approval of this Agreement and the extension of any Federal financial assistance, the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing, accommodations, facilities, services, financial aid or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. If the Federal financial assistance under this agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the property 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, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases, the assurance shall obligate the Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. In the case of real property, structures or improvements thereon, or interests therein, acquired with Federal financial assistance under this Agreement or acquired with CDBG-MIT funds and provided to the Subrecipient under this Agreement, the instrument effecting any disposition by the Subrecipient of such real property, structures or improvements thereon, or interests therein, shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property 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. If the Subrecipient receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on, over, or under any such property are included as part of the program receiving such assistance, the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. d. Affirmative Action (1) Approved Plan The Subrecipient agrees that it shall carry out pursuant to DEO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24, 1966, as amended, and implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the release of funds under this agreement. (2) Women- and Minority -Owned Businesses (W/MBE) The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible when the Subrecipient procures property or services under this agreement. (3) Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Page 36 of 60 Page 171 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 9. Labor and Employment Labor Standards The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis- Bacon Act, as amended (40 U.S.C. 3141, etseq.) and 29 CFR part 1, 3, 5, 6 and 7, provided, that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Subrecipient agrees to comply with the Copeland Anti -Dick Back Act (18 U.S.C. 874) and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements. Such documentation shall be made available to DEO for review upon request. 10. Section 3„of the Housing and Urban DevelolamentAct of 16,5 a. I,ow-Income Person Definition A low-income person, as this term is defined in Section 3 (b) (2) of the 1937 Act (42 U.S.C. 1437a(b) (2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families; or (ii) A very low- income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437 a(b)(2)). Section 3(b) (2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. b.oWnce The Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 135. The Subrecipient shall include the following "Section 3 clause” at 24 CFR 135.38 in every "Section 3 covered contract" (as defined in 24 CFR 135.5). (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. (2) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (3) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the Page 37 of 60 Page 172 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in. 24 CFR part 135. (4) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (5) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (6) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). c. Thresholds A. Recipients of HUD federal financial assistance shall meet the following hiring and contract numerical goals to achieve compliance with Section 3 as found at 24 CFR 135.30 (Numerical goals for meeting the greatest extent feasible requirement.) B. Recipients of Section 3 covered community development assistance, and their contractors and subcontractors (unless the contract or subcontract awards do not meet the threshold specified in Section 135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to employ Section 3 residents as: 1. 10 percent of the aggregate number of new hires for the one-year period beginning in FY 1995; 2. 20 percent of the aggregate number of new hires for the one-year period beginning in FY 1996; and 3. 30 percent of the aggregate number of new hires for the one-year period beginning in FY 1997 and continuing thereafter. C. Contracts. Numerical goals set forth in paragraph (c) of this section apply to contracts awarded in connection with all Section 3 covered projects and Section 3 covered activities. Each recipient and contractor and subcontractor (unless the contract or subcontract awards do not meet threshold specified in Section 135.3(a) (3)) may demonstrate compliance with the requirements of this part by committing to award to Section 3 business concerns: 1. At least 10 percent of the total dollar amount of all Section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing, or for building trades work arising in connection with housing rehabilitation, housing construction and other public construction; and 2. At least three (3) percent of the total dollar amount of all other Section 3 covered contracts. 11. Conduct a. Hgtoh Act The Subrecipient shall comply with the Hatch Act, 5 USC 1501 —1508, and shall ensure that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. b. Conflict of Interest In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the Subrecipient shall comply with the conflict of interest provisions in DSO's procurement policies and procedures. In all cases not governed by the conflict of interest provisions in DEO's procurement policies and procedures, the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h). c. Lobi4iog Certification Page 38 of 60 Page 173 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 The Subrecipient hereby certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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; (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, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) The language of paragraph (i) through (iv) 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; and (4) 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 required by section 1352, title 31, U.S.C. 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. d. Religous Activities The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. Equal Treatment for Faith -Based Organizations. Prohibits any State or local government receiving funds under any Department program, or any intermediate organization with the same duties as a governmental entity, from discriminating for or against an organization on the basis of the organization's religious character or affiliation. Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded with direct financial assistance. Prohibits an organization that participates in programs funded by direct financial assistance from the Department, in providing services, from discriminating against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Any restrictions on the use of grant funds shall apply equally to religious and non -religious organizations. e. Environmental Conditions (1) Prohibition on Choice rLimiting„Aotiyitt�_Prior wtoe_Enyix9nm„cta]e view The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not delegated the requirement under Section 1040 of the HCD Act for environmental review, decision- making and action (see 24 CFR part 58) and is not delegated DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and specifically limits commitments of HUD funds or non -HUD funds by any participant in the development process before completion of the environmental review. A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. (2) Airwaad- 'ater The Subrecipient shall comply with the following requirements insofar as they apply to the performance of this agreement: (a) Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176(c) and (d) (42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency -40 CFR parts 6, 51, and 93); and (b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as amended, and all regulations and guidelines issued thereunder. Page 39 of 60 Page 174 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A uocu51gn tnveiope lu: t.Fbtft:AUU-btibl-4rur-tsbAU-Afb9Ut9fzA;3A DEO Agreement No.: I0124 (c) The Clean Air and Water Act: If this Contract is in excess of $100,000, Contractor shall comply with all applicable standards, orders or regulations issued under the Clean Air Act, as amended, 42 U.S.C. 7401, Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and Environmental Protection Agency regulations. Contractor shall report any violation of the above to DEO. (d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State of Florida's energy conservation plan issued in compliance with the Energy Policy and Conservation Act, Pub. L. 94-163. (3) Flood D,isaster...Protecto The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood Insurance Reform Act of 1994, as amended, (42 U.S.C. 5154a), which includes a prohibition on the provision of flood disaster assistance, including loan assistance, to a person for repair, replacement or restoration for damage to any personal, residential, or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify transferees about mandatory flood purchase requirements. More information about these requirements is available in the Federal Register notices governing the CDBG- MIT award and listed at the beginning of this Attachment. (4) Lead -Based Paint The Subrecipient shall follow DEO's procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title. (5) HistoricPreservation The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended, codified in title 54 of the United States Code, and the procedures set forth in 36 CFR part 800 insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. (6) Additional Reg i atiQ s, (a) The Temporary Assistance for Needy Families Program CTANF" }, 45 CFR Parts 260-265, the Social Services Block Grant ("SSBG'�, 42 U.S.C. 1397d, and other applicable federal regulations and policies promulgated thereunder. (b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, et seq., which prohibits discrimination on the basis of sex in educational programs. (c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs. (d) The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994,20 U.S.C. 6083. Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved sub -contracts. In compliance with Public Law (Pub. L.) 103-277, the Contract shall not permit smoking in any portion of any indoor facility used for the provision of federally funded services including health, day care, early childhood development, education or library services on a routine or regular basis, to children up to age 18. (e) Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, Contractor shall clearly state (1) the percentage of the total costs of the program or project which will be financed with federal money, (2) the dollar amount of federal funds for the project Page 40 of 60 Page 175 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. Purchase of American -Made Equipment and Products: Contractor assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. (g) The Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-117), which prohibits distribution of federal funds made available under the Act to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. 111 -117. (h) Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333) — If this Contract involves federal funding in excess of $2,000 for construction contracts or in excess of $2,500 for other contracts that involve the employment of mechanics or laborers, compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR Part 5) is required. Under section 102 of the Act, each contractor shall 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 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall 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. (i) Resource Conservation and Recovery Act (RCRA). Under RCRA (Pub. L. 94-580 codified at 42 U.S.C. 6962), state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Immigration Reform and Control Act. Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986, which requires employment verification and retention of verification forms for any individuals hired who will perform any services under the contract. When it is determined that the Subrecipient is in non-compliance with federal or state program requirements, the State may impose any of the additional conditions and/or requirements outlined in 2 CFR § 200.207. Page 41 of 60 Page 176 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment F — Civil Rights Compliance Fair Housing As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will "affirmatively further fair housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each Subrecipient shall do the following: 1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race, color, familial status, handicap, national origin, religion and sex); 2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4. Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken and d) If the caller was referred to another agency, the results obtained by the referral agency; 5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters; and 6. Display a fair housing poster in the CDBG-MIT Office. (Phis does not count as a fair housing activity.) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following: 1. Define where discriminatory practices are occurring, 2. Help the community measure the effectiveness of its outreach efforts, and 3. Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following: 1. Making fair housing presentations at schools, civic clubs and neighborhood association meetings; 2. Conducting a fair housing poster contest or an essay contest; 3. Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales and church festivals; and 4. Conducting fair housing workshops for city/county employees, realtors, bank and mortgage company employees, insurance agents and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity, however, mailing a DEO- approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Subrecipient shall document its fair housing activities by keeping photographs, newspaper articles, sign -in sheets and copies of handouts in their CDBG-MIT project file and include information about the activities in the comment section of each quarterly report. Page 42 of 60 Page 177 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Equal Employment Opportunity As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG-MIT funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall do the following - 1 . ollowing: 1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral and other aspects of employment, on the basis of race, color, religion, sex, national origin, disability, age or genetics; 2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4. Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call and c) The results of the actions taken; 5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (.MBE) and women - owned business enterprises (WBE) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on CDBG-MIT-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority- and women -owned businesses that can be used to develop a local MBE/WBE list at the following website: h mrdqW,, nA.m4grida comZdirectones. 6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b) into any contracts or subcontracts that meet the definition of "federally assisted construction contract" in 41 CFR 60-1.3. Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of CDBG-MIT funds, the Subrecipient must certify that it provides access to all federally funded activities to all individuals, regardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Subrecipient shall do the following - 1 . ollowing 1. Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment or c) Is regarded as having such an impairment; 2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4. Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call and Page 43 of 60 Page 178 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability, accessibility, delivery, employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not, on the basis of disability: 1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services or other benefits, 2. Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers, or 3. Deny employment opportunities, including hiring, promotion, training and fringe benefits, for which they are otherwise entitled or qualified. The ADA regulations (Title II, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own, lease, lease to or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III. Section 3 - Economic Opportunities for Low- and Very Low -Income Persons Each Subrecipient shall encourage its contractors to hire qualified low- and moderate -income residents for any job openings that exist on CDBG-MIT-funded projects in the community. The Subrecipient and its contractors shall keep records to document the number of low- and moderate -income people who are hired to work on CDBG-MIT-funded projects. The number of low- and moderate -income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following clause from 24 CFR § 135.38 is required to be included in CDBG-MIT-funded contracts of $100,000 or more. Section 3 Clause 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are Subrecipients of HUD assistance for housing. 2. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or Page 44 of 60 Page 179 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). Civil Rights Regulations As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will abide by the following Federal laws and regulations: 1. Title VI of the Civil Rights Act of 1964 — Prohibits discrimination by government agencies that receive Federal funding; 2. Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color, religion, sex or national origin; 3. Title VIII of the Civil Rights Act of 1968 — as amended (the Fair Housing Act of 1988); 4. 24 CFR § 570.487(6) — Affirmatively Furthering Fair Housing; 5. 24 CFR § 570.490(6) — Unit of general local government's record; 6. 24 CFR § 570.606(b) — Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing; 9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in, denied benefits of or subjected to discrimination under any program or activity receiving CDBG- MIT funds because of race, color, religion, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8, which prohibits discrimination against people with disabilities; 11. Executive Order 11063 — Equal Opportunity in Housing; 12. Executive Order 11246 — Equal Employment Opportunity; and Page 45 of 60 Page 180 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCAOO-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: 10 124 13. Section 3 of the HOUSing and Urban Development Act of 1968, as aniended - Employment/Training of Lower Income Residents and Local Business Contracting, I hereby certify that the City of Boynton Beach. FhLri a shall comply with all of the provisions and Federal reg-ulations listed in this Attachment ', By: Marne: ) -" I Title: Date: - Remainder of this page is intentionally left blank - page 46 of 60 Page 181 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment G — Reports The followingreports must be completed and submitted to DEO in the time frame indicated re p p below. Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default, of this Agreement. 1. Monthly Progress Report must be submitted to DEO ten (10) calendar days after the end of each month. 2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 10th of every April, July, October and January. 3. A Contract and Subcontract Activity form, Form HUD -2516, currently available at https://www.hud.gov/sites/documents/DOC_36660; which is incorporated herein by reference, must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period, the form must indicate "no activity". The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR § 200.343. Activities during this close-out period may include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.343, upon the expiration of this Agreement, the Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-MIT funds. Further, any real property under the Subrecipienes control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 CFR part 200, should the Subrecipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than nine months from the end of the Subrecipienes fiscal year. If the Subrecipient did not meet the audit threshold, an Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's fiscal year. 5. A copy of the Audit Compliance Certification form, Attachment J, must be emailed to auditLi„.ideo.mi¢orida&om within sixty (60) calendar days of the end of each fiscal year in which this subgrant was open. 6. The Section 3 Summary Report, form HUD -60002, must be completed and submitted through DEO's SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and Deliverables, Project Detail Budget and Activity Mork Plan. 8. All forms referenced herein are available online or upon request from DEO's grant manager for this Agreement. Page 47 of 60 Page 182 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.: I0124 Attachment H — Warranties and Representations Financial Management ................................�...,...�..,.,................,�.,ry....�......................................o.............................�,,,.,.,..o,�..................w...................................w........w...w...w...w............................w.. The Subrecipient's financial management system must comply with the provisions of 2 CFR part 200 (and particularly 2 C.F.R 200.302 titled "Financial Management', Section 218.33, F.S., and include the following: 1. Accurate, current and complete disclosure of the financial results of this project or program. 2. Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. 3. Effective control over and accountability for all funds, property and other assets. The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. 4. Comparison of expenditures with budget amounts for each Request for Funds (RM. Whenever appropriate, financial information should be related to performance and unit cost data. 5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR part 200 (and particularly 2 CFR 200 Subpart E titled "Costs Principles' } and the terms and conditions of this Agreement. 6. Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 CFR §§ 200.318-200.327 and be conducted in a manner providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Subrecipient. Any and all bids or offers may be rejected if there is a sound, documentedreason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer or agent shall participate in the selection, award or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in a tangible personal benefit from a firth considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the Subrecipient. (See 2 CFR § 200.318(c)(1).) Business Hours The Subrecipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall,mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Pertnittiing All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. Page 48 of 60 Page 183 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment I – Audit Requirements The administration of resources awarded DEO .t.....o....................................�.......a............ ... ... .......w...........................................,,........�,... .:........,.,.. w by �o the Subrecipient may be subject to audits and/or monitoring by DEO as described in this section. MQN—BORING In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F - Audit Requirements, and section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEO staff, limited scope audits as defined by 2 CFR 5200.425, or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient is a state or local government or nonprofit organization as defined in 2 CFR §200.90, 5200.64, and §200.70. A Subrecipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. For the audit requirements addressed in Part I, paragraph 1, the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. A Subrecipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the Subrecipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non -state entity as defined by Section 215.97(2), F.S. 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient must have a state single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2 For the audit requirements addressed in Part H, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting Page 49 of 60 Page 184 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A uocu`.ilgn Envelope ID: GF6t3GAUU-5851-4FUF-86AU-A759UE972A3A DEO Agreement No.: I0124 package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than state entities). PART III: OTHER AUDIT REQUIREMENTS (NOTE: This pari would be used to pecify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 295.97(8), F.S., State agencies may conduct or arrange for audits of state fanancial assistance that are in addition to audits conducted in accordance with Section 295.97, F.S. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR § 200.512, by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR § 200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Subrecipient directly to each of the following: a. DEO at each of the following addresses: Electronic copies (preferred): or Paper (hard copy): :lu,i-z:.vn;i aiaaa3 Department Economic Opportunity MSC # 75, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 b. The Auditor General's Office at the following address: Auditor General Local Government Audits 342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. Page 50 of 60 Page 185 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A uocu5ign tnveiope w: UrnUc:AUU-Ot$01-4rur-t$bAu-A/4autUtZA:sA DEO Agreement No.: I0124 3 Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient directl to: Electronic copies (preferred): or Paper (hard copy): ; di 1) o'.M'flcn d a;o,ni;l, Department Economic Opportunity MSC # 75, Caldwell Building 107 East Madison Street Tallahassee, FL. 32399-4126 4 Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Subrecipients, when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by DEO. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. Page 51 of 60 Page 186 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A uocuz>ign cnveiope iu: UrnnwHuu-oro-i-vrur-ouRv-wroaueaieAiA DEO Agreement No.: I0124 Exhibit 1 to Attachment hI — Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency. Federal Funds Obligated to Subrecipient: Catalog of Federal Domestic Assistance Title: Catalog of Federal Domestic Assistance Number: Project Description: This is not a research and development award. U.S. Department of Housing and Urban Development $571,611.00 Community Development Block Grants/State's Program and Non -Entitlement Grants in Hawaii 14.228 Funding is being provided for hardening the City of Boynton Beach's Fire Rescue Station No. 2, located at 2615 Woolbright Road. This 4 bay Fire Station was constructed in 2005 and built to the 2001 Building Code and 145 MPH wind load (3 second gust). The 10,619 square foot structure is classified IV (Essential Facilities) and has an exposure C. The walls are CBS and the roof is comprised of wooden trusses and covered with a barrel roof tile. Activities to mitigate wind damage consist of replacing the 8 overhead roll up garage bay doors for fire apparatus access to provide protection for the largest opening(s) in this critical facility ensuring rescue equipment is functional following a natural or man-made disaster. To properly mitigate the facility and its equipment from wind damage, the doors shall comply with the high -impact wind load testing and design factors; installation of hurricane strapping to secure exterior HVAC equipment; removing rust and painting generator enclosure; and replacement of existing light poles with code compliant poles to reduce the possibility of downed poles blocking fire apparatus entry/exit during and following natural disasters. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401- 290.048, F.S. 2. The Subrecipient shall perform its obligations in accordance with 24 CFR % 570.480 — 570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement, including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3), F.A.C. 5. The Subrecipient shall be governed by all applicable laws, rules and regulations, including, but not necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's Notice of Subgrant Award/Fund Availability (NFA). State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/A Page 52 of 60 Page 187 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A uocu;5ign cnveiope u.i: t;t-obt;Huu-ouz)i-4tur-ot)tku-Atz)uutuizAiA DEO Agreement No.: I0124 Matching Resources for Federal Programs: NIA Subject to Section 215.97, Florida Statutes: NIA Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Title 2 CFR S 200.331 and Section 215.97(5), F.S., require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. Page 53 of 60 Page 188 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A uocusign cnveiope iu: l:l-t)bL; WU-5?551-4rur-unRu-HrSaucaiZA;JH DEO Agreement No.: I0124 Attachment J — Audit Compliance Certification Email a copy of this form within 60 days of the end of each .fiscal yearin which this subgrant was open to audit@deo.myBorida.com. Subrecipient: FEIN: Sub re cip i e nt 's Fiscal Year. Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its fiscal year that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and the Department of Economic Opportunity (DEO)? ❑ Yes ❑ No If the above answer is yes, answer the following before proceeding to item 2. Did the Subrecipient expend $750,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable State single or project -specific audit requirements of Section 215.97, Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and DEO? ❑ Yes ❑ No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did the Subrecipient expend $750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable single or program -specific audit requirements of 2 CFR part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient, that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative Page 54 of 60 Page 189 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.: I0124 Attachment K — Subrecipient Enterprise Resource Application (SERA) Form Attachment K will be provided after execution of this Agreement Page 55 of 60 Page 190 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A LJUUUO1911 CIIvclupw ILJ. t r0D%,fiw-000 I-4rur-00MV-P% r u.7u Cllr zmom Attachment L DEO Agreement No.: I0124 2 CFR Appendix II to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards 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 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States'. The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to Page 56 of 60 Page 191 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 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 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33'U.S.C. 1251- 1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (J) See 200.323 - Procurement of Recovered Materials. (I) See 200.216 - Prohibition on certain telecommunications and video surveillance services or equipment. (L) See 200.322 — Domestic Preferences for procurements. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020] Page 57 of 64 Page 192 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: IO 124 AttachmentwM State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Disaster Recovery (CDBG-MIT) Subrogation Agreement This Subrogation and Assignment Agreement ("Agreement"} is made and entered into by and between the City of Boynton Beach, Florida (hereinafter referred to as "Subrecipient' }, and the State of Florida, Department of Economic Opportunity (hereinafter referred to as "DEO"). In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively, the "Grant Proceeds") under the DEO Community Development Block Grant -Mitigation Program (the "CDBG-MTI" Program") administered by DEO, Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency ("FEMA") or the Small Business Administration ("SBA") (singularly, a "Disaster Program" and collectively, the "Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a duplication of benefits ("DOB's as provided in this Agreement. The proceeds or payments referred to in the preceding paragraph, whether they are from insurance, FEMA or the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as "Proceeds," and any Proceeds that are a DOB shall be referred to herein as "DOB Proceeds." Upon receiving any Proceeds, Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a DOB. If some or all of the Proceeds are determined to be a DOB, the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The amount of DOB determined to be paid to DEC) shall not exceed the amount received from the CDBG-MIT Program. Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipienes name(s) and providing any additional documentation with respect to such consent, giving depositions, providing documents, producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster Program. If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under the CDBG-MIT Program, the Policies, any amounts received under the Mitigation Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make effective the purposes of this Agreement. Page 58 of 60 Page 193 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds, any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to release said information to DEO. If Subrecipient (or any lender to which DOB Proceeds are payable to such lender, to the extent permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds'). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: 1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. 2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. 3. If the Subrecipient has received a portion of the Grant Proceeds, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient; and (B) any reining Subsequent DOB Proceeds shall be retained by DEO. 4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG- MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient, and this Agreement shall terminate. Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient, DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. Warning. Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. Remainder of this page is intentionally left blank Page 59 of 60 Page 194 of 1147 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEQ Agreement No.: I0124 The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received, read, and understands this notice of penalties for making a false claim or statement regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. CITY F B YNTON BEAC , FLORIDA DEPARTMENT OF ECONOMIC ` OPPO U ,X ny: By MWl,dt By -.: " ""-��....."....`..�„ww � Signa _.............. �:szssz�ras-...�..........�,,,.�. gn ignature ,.,.. ......... µ Steven Grant Meredith Ivey wwww.. w_w Title MayorTitle Chief of Staff111 Date I I - a q -., �, I Date 12/8/2021 "r............... t Page 60 of 60 Page 195 of 1147 6. F. Consent Agenda 10/18/2022 Requested Action by Commission: Proposed Resolution No. R22-149 - Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) for $43,663 subject to the approval of the City Attorney. Explanation of Request: The U.S. Department of Justice, Office of Justice Programs has awarded the Police Department a Justice Assistance Grant for the 2022-2023 funding cycle in the amount of $43,663. The funding will allow the department to purchase laptop computers for officers working in the field. How will this affect city programs or services? It is the intent of BBPD to provide upgraded equipment and technology in order to maintain and improve criminal justice functioning by purchasing ruggedized laptops for officers. This project will accomplish the continuation of improving the current technology of BBPD's mobile computing program through the procurement of the laptops. Maintaining and upgrading this program enables officers to continue to prepare police reports and conduct their daily patrol duties while out in the field. Fiscal Impact: By accepting this award, the Police Department will receive $43,663 to fund laptop computers for officers working in the field. Alternatives: Do not accept the award. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Grant Amount: $43,663 Attachments: Page 196 of 1147 Ty pe Resolution Description FResolk.ition appirmAing tl-ne I[..')O,J JAG C;iraint for IC 2022 2023 Page 197 of 1147 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. R22-149 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN ALL DOCUMENTS ASSOCIATED WITH THE ACCEPTANCE AND GRANT AGREEMENT FOR THE 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR $43,663.00 SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Justice, Office of Justice Programs has awarded the Police Department a Justice Assistance Grant for the 2022-2023 funding cycle in the amount of 14 $43,663.00; and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the grant funding will allow the Boynton Beach Police Department to purchase laptop computers for officers working in the field; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the Mayor to sign all documents, subject to approval by the City Attorney, associated with acceptance of the Department of Justice fiscal year 2022 Justice Assistance Grant (JAG) in the amount of $43,663.00 to purchase laptop computers for officers working in the field. 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 of the City of Boynton Beach, Florida does hereby authorize the Mayor to sign all documents, subject to approval by the City Attorney, associated S:ACA\RESO\Agreements\Grants\DOJ JAG Grant 2022-2023 - Reso.docx Page 198 of 1147 29 with acceptance of the Department of Justice fiscal year 2022 Justice Assistance Grant (JAG) in 30 the amount of $43,663.00 to purchase laptop computers for officers working in the field, a copy 31 of which is attached hereto as Exhibit "A". 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 Maylee De Jesus, MPA, MMC 56 City Clerk 57 58 59 (Corporate Seal) 60 61 62 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of October, 2022. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley S:ACA\RESO\Agreements\Grants\DOJ JAG Grant 2022-2023 - Reso.docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 199 of 1147 6. G. Consent Agenda 10/18/2022 Requested Action by Commission: Proposed Resolution No. R22-150- Amend various FY 2022-23 Capital Project accounts. This request will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Funds (302 & 303) and the Utility Capital Improvement Funds (403 & 404). Explanation of Request: The FY 2022-23 Budget was adopted in September 2022. During the new fiscal year that started on October 1, 2022, available capital improvement budget from the prior fiscal year is identified between the months of October thru December. This type of budget amendment is part of the annual budget process. The budget adjustment will increase the Fund's total appropriation, which requires City Commission approval. The City's capital projects may span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, these funds should be re -appropriated to provide the continued spending authority for these projects. Accordingly, during FY 2022-23 budget modifications will be made to various Funds, see Exhibit A, staff is requesting Commission approval. • The Capital Improvement Fund will be amended for Fund 302 from $4,704,427 to $4,921,527 and Fund 303 will be amended from $8,807,146 to $9,138,662, all due to available prior year project budgets. The Water & Sewer Utility Capital Funds will be amended for Fund 403 from $33,330,000 to $49,777,575 and for Fund 404 from $250,000 to $2,650,000 due to prior year available project budget. How will this affect city programs or services? Allow for the continuance of good and appropriate budgeting practices. Fiscal Impact: See Exhibit A for a summary of the fiscal impact. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 200 of 1147 Is this a grant? Grant Amount: Attachments: Type D Resolution D Altachirneint Description Resolution airneinding the F::Y 2022 2023Budget Prior Y(.�,�air Capital IPirojects E)fiibit A Page 201 of 1147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION R22-150 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING VARIOUS FY 2022-23 CAPITAL PROJECT ACCOUNTS WHICH WILL ADJUST BUDGETED APPROPRIATIONS AND REVENUE SOURCES AND PROVIDE SPENDING AUTHORITY FOR THE CAPITAL IMPROVEMENT FUNDS (302 & 303) AND THE UTILITY CAPITAL IMPROVEMENT FUNDS (403 & 404); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission in September, 2022, for the fiscal year 2022-2023; and WHEREAS, at the start of the new fiscal year on October 1, 2022, available capital improvement budget from the prior fiscal year is identified between the months of October thru December; and WHEREAS, this type of budget amendment is part of the annual budget process and will increase the Fund's total appropriation, which requires City Commission approval; and WHEREAS, under best budgeting practices and governmental accounting standards, these funds should be re -appropriated to provide the continued spending authority for these 22 projects; and 23 24 25 26 27 28 29 30 31 32 WHEREAS, the Capital Improvement Fund will be amended for Fund 302 from $4,704,427 to $4,921,527 and Fund 303 will be amended from $8,807,146 to $9,138,662 all due to available prior year project budgets; and WHEREAS, the Water & Sewer Utility Capital Funds will be amended for Fund 403 from $33,330,000 to $49,777,575 and for Fund 404 from $250,000 to $2,650,000 due to prior year available project budget; and WHEREAS, accordingly staff is requesting City Commission approval to amend the FY 2022-23 budget as noted specifically on Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 1 S:ACA\RESO\Budget\2022 - 2023 BudgetTY22-23 UP Budget Amendment Resolution - (October 18 2022).Docx Page 202 of 1147 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 60 61 62 63 64 65 66 67 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 hereby approves amending various FY 2022-23 Capital Project accounts as reflected on Exhibit "A" attached hereto and incorporated herein which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Funds (302 & 303) and the Utility Capital Improvement Funds (403 & 404). Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18th day of October, 2022. CITY OF BOYNTON BEACH, FLORIDA /_11111.'11 Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley 0) VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Budget\2022 - 2023 BudgetTY22-23 UP Budget Amendment Resolution - (October 18 2022).Docx Page 203 of 1147 5:\Finance\Bud get Adjust ments\FY2022-23\FY2223 Budget Rollover Amendment for PY2122 Available Capital BudgetAmendment Worksheet 1 Project Name /Comments/ Vendor Oyer Park - Boat Ramp Various projects PD - Real Time Crime Center Fiber Optic Cable Replacement (City-wide) Town Square Outdoor Wi-Fi Dimmick & Potter Stormwater Coquina Cove Stormwater Dimmick & Potter Water Coquina Cove Water Impv West Wellfield Electrical West WTP R&R East Plant Filter Refurbishment & Media Repl EWTP Generator Replacement New Water Quality Facility Lift Station 317 Major Upgrade LS Control Panel R&R Beach Plant Replacement SCADA Cybersecurity, Silverwood Estates (Force Main) Page 204 of 10r,474:56PN CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 10/18/22 2022/23 2022/23 AMENDMENT ADOPTED Amendment AMENDED related to BUDGET Revenue Budget BUDGET PROJECT NUMBER CAPITAL IMPROVEMENT FUND 302-0000-369.22-00 CRA REIMBURSEMENT 1,956,000 198,200 2,154,200 302-0000-389.91-00 FUND BALANCE APPROPRIATED (552,323) 18,900 (533,423) Adopted Fund Total Revenues 4,704,427 217,100 4,921,527 302-4211-572.63-05 PARKS IMPROVEMENTS - 18,900 18,900 RP2131 302-4905-580.63-07 CRA IMPROVEMENTS - 198,200 198,200 TR2110 Adopted Fund Total Expenses 4,704,427 217,100 4,921,527 303-0000-389.91-00 FUND BALANCE APPROPRIATED 4,405,146 331,516 4,736,662 Adopted Fund Total Revenues 8,807,146 331,516 9,138,662 303-4119-521.64-14 COMPUTER SOFTWARE - 277,500 277,500 PD2104 303-4101-580-64-15 COMPUTER EQUIPMENT 130,000 24,016 154,016 IT2202 303-4101-580-64-15 COMPUTER EQUIPMENT 30,000 184,016 GG2207 Adopted Fund Total Expenses 8,807,146 331,516 9,138,662 UTILITY FUND CAPITAL IMPROVEMENT FUND 403-0000-389.92-00 NET ASSETS APPROPR 4,230,000 14,047,575 18,277,575 Adopted Fund Total Revenues 33,080,000 14,047,575 47,127,575 403-5000-538.65-09 R&R - STORMWATER 2,915,000 1,921,446 4,836,446 UC1802 403-5000-538.65-09 R&R - STORMWATER 299,045 5,135,491 UC2102 403-5DDD-533.65-02 R&R - WATER 21,31D,000 257,033 21,567,033 UC1802 403-5000-533.65-02 R&R - WATER 300,000 21,867,033 UC2102 403-5000-533.65-02 R&R - WATER 795,435 22,662,468 WT2104 403-5000-533.65-02 R&R- WATER 450,000 23,112,468 WT2102 403-5000-533.65-02 R&R - WATER 3,500,000 26,612,468 WT2201 403-5000-533.65-02 R&R - WATER 1,419,139 28,031,607 WT1902 403-5000-533.65-02 R&R - WATER 1,395,570 29,427,177 WT1605 403-5000-535.65-04 R&R -SEWER 6,865,000 2,509,260 9,374,260 SW2202 403-5000-535.65-04 R&R -SEWER 533,047 9,907,307 SW2001 403-5000-535.65-04 R&R -SEWER 500,000 10,407,307 SW1602 403-5000-536.64-15 COMPUTER EQUIPMENT 240,000 167,600 407,600 UC2202 Adopted Fund Total Expenditures 33,080,000 14,047,575 47,127,575 UTILITY FUND CAPITAL IMPROVEMENT FUND 404-0000-389.92-00 NET ASSETS APPROPR 25,000 2,400,000 2,425,000 Adopted Fund Total Revenues 250,000 2,400,000 2,650,000 404-5000-535.65-03 SEWER 250,000 2,400,000 2,650,000 SW1902 Adopted Fund Total Expenditures 250,000 2,400,000 2,650,000 Utility Totals 33,330,D00 16,447,575 49,777,575 5:\Finance\Bud get Adjust ments\FY2022-23\FY2223 Budget Rollover Amendment for PY2122 Available Capital BudgetAmendment Worksheet 1 Project Name /Comments/ Vendor Oyer Park - Boat Ramp Various projects PD - Real Time Crime Center Fiber Optic Cable Replacement (City-wide) Town Square Outdoor Wi-Fi Dimmick & Potter Stormwater Coquina Cove Stormwater Dimmick & Potter Water Coquina Cove Water Impv West Wellfield Electrical West WTP R&R East Plant Filter Refurbishment & Media Repl EWTP Generator Replacement New Water Quality Facility Lift Station 317 Major Upgrade LS Control Panel R&R Beach Plant Replacement SCADA Cybersecurity, Silverwood Estates (Force Main) Page 204 of 10r,474:56PN 6. H. Consent Agenda 10/18/2022 Requested Action by Commission: Proposed Resolution No. R22-141 Authorize City Manager to sign piggy -back agreement utilizing the City of Boca Raton invitation to bid (ITB)# 2022-007 with Partnership Landscaping, LLC for landscape maintenance services at the cemetery and mausoleum for an estimated annual cost of $74,200.00 for the extent of the contract. The City of Boca Raton's procurement process satisfies the City's competitive bid requirements. (Postponed at the October 4, 2022 City Commission Meeting.) Explanation of Request: Partnership Landscaping, LLC has been awarded the landscape maintenance services at cemetery and mausoleum from the City of Boca Raton under a continuing services contract. The Contractor shall provide labor, supervision, equipment, supplies, tools, materials, and other necessary incidentals required to perform landscape maintenance and irrigation services at Boynton Beach Memorial Cemetery & Mausoleum and Sara Sims Cemetery. The Parks and Grounds Division is seeking consent to piggyback this contract and establish an agreement with Partnership Landscaping, LLC to provide landscape maintenance services at Boynton Beach Memorial and Sara Sims Cemeteries at the level of service that is expected by users. Currently the cemetery and mausoleum landscape maintenance are being performed by 2 city employees on a biweekly basis. Staff currently mow, edge, spray weeds, hedge trim and maintain the headstones. This is in addition to performing funeral and mausoleum services at Boynton Beach Memorial and Sara Sims cemeteries. Moving forward with Partnership Landscaping, LLC will bring in a professional contractor with a strong specialized knowledge in landscape maintenance with cemeteries. How will this affect city programs or services? The proposed landscape maintenance services will improve the appearance of the City's cemeteries and provide a better level of service to residents by allowing them to visit passed loved ones in well-maintained facilities. Fiscal Impact: Budgeted in account number 631-3110-539-49-17. Alternatives: Not utilize the City of Boca Raton's bid and issue the City's own bid. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 205 of 1147 Is this a grant? No Grant Amount: Contracts Vendor Name: Partnership Landscaping, LLC Start Date: 10/1/2022 End Date: 9/30/2023 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Four (4) one (1) year renewal periods Attachments: Type D Resok..ftioin D Agireeirnent D C.ontract D I ett(311r Description lResoluition appir&Aing pig gy back Agreement With Pairtineirdhip I andscapiii;g for cerneiLiry and rnausoleuffl Signed Agireeirneint foir [::Iairtnership I aindscalpiirig. p 1 City of Boca 2022 007 IBlid Cointract.pdf Award I etteir IBlid 2022 007 p Page 206 of 1147 1 RESOLUTION NO. R22-141 2 3 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 A PIGGY -BACK AGREEMENT UTILIZING THE CITY OF BOCA 6 RATON INVITATION TO BID (ITB)# 2022-007 WITH 7 PARTNERSHIP LANDSCAPING, LLC FOR LANDSCAPE 8 MAINTENANCE SERVICES AT THE CEMETERY AND MAUSOLEUM 9 FOR AN ESTIMATED ANNUAL COST OF $74,200.00 FOR THE 10 EXTENT OF THE CONTRACT; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, currently the cemetery and mausoleum landscape maintenance is being 15 performed by two city employees on a biweekly basis including mowing, edging, spraying 16 weeds, hedge trimming and maintenance of the headstones which is in addition to performing 17 funeral and mausoleum services at Boynton Beach Memorial and Sara Sims cemeteries; and 18 WHEREAS, Partnership Landscaping, LLC has been awarded the landscape maintenance 19 services at cemetery and mausoleum from the City of Boca Raton under a continuing services 20 contract and staff is seeking consent to piggyback this contract and establish an agreement with 21 Partnership Landscaping, LLC to provide landscape maintenance services at Boynton Beach 22 Memorial and Sara Sims Cemeteries at the level of service that is expected by users; and 23 WHEREAS, the newly proposed and adequately budgeted landscape maintenance 24 services will improve the city's cemeteries appearance and provide for correct agronomic 25 maintenance practices; and 26 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in 27 the best interests of the citizens and residents of the City of Boynton to approve and authorize 28 the City Manager to sign a piggy -back agreement utilizing the City of Boca Raton invitation to 29 bid (ITB)# 2022-007 with Partnership Landscaping, LLC for landscape maintenance services at 30 the cemetery and mausoleum for an estimated annual cost of $74,200.00 for the extent of the 31 contract. 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 33 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Piggy-Back With Partnership Landscaping For Cemetery And Mausoleum - Reso.Docx Page 207 of 1147 34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption 36 hereof. 37 38 39 40 41 42 43 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 Section 2. The City Commission hereby approves and authorizes the City Manager to sign a piggy -back agreement utilizing the City of Boca Raton invitation to bid (ITB)# 2022- 007 with Partnership Landscaping, LLC for landscape maintenance services at the cemetery and mausoleum for an estimated annual cost of $74,200.00 for the extent of the contract, a copy of the Agreement is attached hereto as Exhibit "A. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 4th day of October, 2022. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\RESO\Agreements\Piggy-Back With Partnership Landscaping For Cemetery And Mausoleum - Reso.Docx Page 208 of 1147 AGREEMENT FOR PURCHASING Cemetery and Mausoleum Landscape Maintenance This Agreement is made as of this day of ,2022 by and Elite,Landscal ina Services ............. _. f .1 principal ....9 � g ... Palm ba Partnership Landscam �, L w LC with a rinci al address 591 Marginal �nalwRd West„ each FL 33411,_ hereinafter referred as "Contractor", and The City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "City". RECITALS WHEREAS, in order to maintain cit f owned cemeteries to the public, the City's Public Works is requesting the City enter into an Agreement with Elite Landscalin Services dba Partnership Landscaping,_ LLCto provide landsc"_maintenancevatnSara Sims and Bo i:tonBeach Memorial Cemeteries and WHEREAS, Elite_Landscal?inm,Services dbammPartnership„Lpdscalsm LLC has agreed to allow the City to piggyback the City of Boca Raton Agreement pursuant to Contract No. RE -20- 08 to provide Landscue.Mamtenance for Ce mete „and Mausoleum Services wat Sara Sims and Bpo r4g4 Beach Memorial Cemeteries; in the estimated amount of $X64 200.00 annually based on Contract No. 2022-027 for a one (1) year term automatically renewed thereafter for four (4), one (1) year renewal periods subject to the appropriation of funds, satisfactory performance and determination that the contract renewal is in the best interest of the City. Agreement Commencing 10/01/2-2=9/3 0/23, and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1, The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2, The City and Elite LandscaVi & Services dba,.?Artnershii�Landscalain , LLC agree that Elite Land sca ping Services dba Partne,rshin Landsca yin ,LLC shall provide landscape maintenance at Sara Sims and c'itonBeach Memorial Cemeteries. in the amount of $64200.00 ...2 027n for a one 1 year term p t� of Boca Raton Contract No. 202 annually based upon the Ci commencing October_1, 2022, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: 100533399.1 306-9001821 } Piggyback Agreement — Elite Landscaping Services Partnership Landscaping LLC PAge 209 of 1147 A. All references to the City of Boca µRaton Contract No. 2022-027 shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Michael D. Cirullo, Jr., City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: TAX EXEMPT. Prices applicable to City do not include applicable state and local sales, use and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request City will provide Contractor with proof of tax-exempt status. SOVEREIGN IMMUNITY. Nothing contained in Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended. BINDING AUTHORITY. Each person signing this Addendum on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in this Addendum. ATTORNEY'S FEES. In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable 100533394.1 306-9001821 ) Piggyback Agreement — Elite Landscaping Services Partnership Landscaping LLC Fuge 210 of 1147 time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and D. Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 C1tyC1erk@bbf1.us SCRUTINIZED COMPANIES - 287.135 AND 215.473. By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. {00533394.1 306-9001821 ) Piggyback Agreement — Elite Landscaping Services Partnership Landscaping LLC Page 211 of 1147 E -VERIFY. Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 1. Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify System" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract (00533394.1306-9001821 ) Piggyback Agreement — Elite Landscaping Services Partnership Landscaping LLC Fuge 212 of 1147 and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. TERMINATION FOR CONVENIENCE. This Agreement may be terminated by the City for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Contractor abandons the Agreement or causes it to be terminated, the Contractor shall indemnify the City against loss pertaining to this termination. TERMINATION FOR CAUSE. In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate contractors, any of their subcontractors, or sub -subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgements, or decrees, sustained by the City arising out of or resulting from (A) Contractor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by ) Contractor's, its agents, employees, subcontractors, participants, and volunteers, and (C) ) Contractor's failure to take out and maintain insurance as required under this Agreement. ) Contractor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable including appellate proceedings, and shall pay all costs, judgements, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of Agreement. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Contractor beyond the amount remaining due to Contractor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Contractor for punitive or exemplary damages or for lost profits or consequential damages. {00533394.1 306-9001821) Piggyback Agreement — Elite Landscaping Services Partnership Landscaping LLC Pbge 213 of 1147 INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Contractor is an independent Contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. COUNTERPARTS AND EXECUTION. This Addendum may be executed by electronic signature or by hand, in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Addendum by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. COMPLIANCE WITH LAWS. Contractor hereby warrants and agrees, that at all times material to the Agreement, Contractor shall perform its obligations in compliance with all applicable federal, state, local laws, rules and regulations, including Section 501.171, Florida Statutes. Non- compliance may constitute a material breach of the Agreement. ASSIGNMENT. In the event Agreement, and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Contractor, Contractor must gain prior written consent from City thirty (30) days before such transfer. For purposes of Agreement, any change of ownership of COMPANY shall constitute an assignment which requires City's approval. Notwithstanding the foregoing, Contractor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger or sale of substantially all of its assets related to this Agreement. Contractor shall provide City written notice of any such corporate reorganization, consolidation, merger or sale of substantially all of its assets related to this Agreement within thirty (30) days of such event. AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Contractor to refund any prepaid fees. Section w 3. Entire Agreement. The Agreement and this Addendum, and any subsequent amendments or purchase orders signed by the Parties hereto shall constitute the entire understanding of the Parties. Section 4.,, Severability. If any provision of this Addendum or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Addendum, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section 5. In the event that the Elite Landscaping Services dba Partnership Landscaping, LLC agreement with the City of Boca Raton is amended, or terminated, Elite Landscaping Services dba Partnership Landscaping, LLC shall notify the City within ten (10) days. In the event the Elite Landscaping Services dba Partnership Landscaping, LLC agreement with the City of Boca Raton is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, (00533394.1306-9001821 ) Piggyback Agreement — Elite Landscaping Services Partnership Landscaping LLC Fuge 214 of 1147 and not be deetned amended or terniffiated until specifically amended or terminated by the parties hereto. SectLOL Elite I,andscz�ping Services dba Partnership Landsc�pffig, LLC agrees that in the event it entersinto a Contract for the same (or siibstantiallY similay) scope of services with another local government inFlorida whiell colltains a term, or condition, including, fees, charges, or costs, which the City determines to be more favorable than the terms in, this Contract, the parties shall enter into an Addendum to provide those terins to the City. $,PP'tio --- Z The insurance required shall require that tile Certificate ofInsurance narne the City of BoYnton Beach as an additiotial insured, 151�Lc LIOA-8. in all other aspects, the terms and corlditions of the Elite Landscaping Services dba PaAnership 1,andscaping, LLC agreanent are hereby ratified and Shall remain in full force and e,ff&ct undLT this Contract, as provided by their terms. Signature,l-�Iqge to f6jjow (00533394.1 306-9001821 ) Piggyback Agreement — Elite Landscaping Services Partnership Landscaping LLC 7 Page 215 of 1147 IN WITNESS OF THE FOREGOING,, the parties have set thew hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA James Stables, Interim City Manager Approved as to Form: Michael D. Ciruno, jr., City Attorney Attested/Authenticated: City Clerk ELITE LANDSCAPING SERVICES DBA -- . - — – , rkT-kri-- I T r Title Attest/Authenticated: (Signature), W-Ibms Print Name {00533394.1 306.9001621 ) .4sWing LLC pinnvback Agreement — Eke UndscaOng 54fy'C" PaM*fsh'p Uu (corporate Seal) 9 Page 216 of 1147 EXHIBIT A AGREEMENT BETWEEN THE CITY OF BOCA RATON AND ELITE LANDSCAPING SERVICES dba PARTNERSHIP LANDSCAPING, LLC 100533394.1306-9001921 ) Piggyback Agreement — Elite Landscaping Services Partnership Landscaping LLC Pbge 217 of 1147 Page 218 of 1147 2022-007 Addendum 1 Partnership Landscaping, LLC BERETSKY Supplier Response Event Information Number: 2022-007 Addendum 1 Title: Landscape Maintenance for Cemetery and Mausoleum Type: Invitation to Bid Issue Date: 6/6/2022 Deadline: 7/5/2022 03:00 PM (ET) Notes: Addendum No. 1 is to correct bid closing date indicated in Part I of the ITB. The City of Boca Raton, Florida is accepting sealed Bids from qualified Bidders for thea ove in accordance with the specifications, terms and conditions contained in the Invitation to Bid (ITB). The purpose of this Bid is to provide landscape maintenance services for the City's Cemetery and Mausoleum Page 1 of 3 pages Vendor: Partnership Landscaping, LLCP1Aqd1211cYdii47 1 - i!-�1- "1NUTW*" For information concerning procedures for responding tn pleasecontactRobin i ,* « . by email, airinexstein@irnyboca t.1s. Such contact is to be for clarification purposes only. Material changes, rbmldmv, transmitted by written addendum and s,ll be made accordance with `, Bid instructions. Note: For any questions submitted in the Biddin*Bidders * reviewingintent to Bid. A response is not required and Bidders may proceed to * Bid Attachments. Public Bid Opening will utilize the Go To Meeting platform as provided in the Bid Opportunities link: https://brpurch. ionwa ve. net/CurrentSourcinciEvents. aspx Click on Bid Number, Bid Attachments, Exhibit CMT to view dial in information and access code. Contact Information Contact: Robin Annexstein Buyer Address: 201 West Palmetto Park Road Boca Raton, FL 33432-3795 Phone: (561) 393-7880 Email: annexstein@myboca.us Page 2 of 3 pages Vendor: Partnership Landscaping, LLC F%4d LZ#di,i 147 Partnership Landscaping, LLC Information Contact: David Beretsky Address: 591 Marginal Rd WPB, FL 33411 Phone: (954) 325-4692 Email: Dave@10Xventures.fund Web Address: partnershiplandscaping.com hereby confirm authorized signature is as provided in the Bid response, Bidders Certification form Jesus Lizano Signature Submitted at 7/5/2022 10:52:57 AM (ET) Reauested Attachments dave@partnershiplandscaping.com Email 2022-007 PART II Bid Response boca cert form new 22.pdf Bidder to upload PART II Bid Response here and include supporting documents within this upload 2022-007 Part III Bid Pricing Form Bidder to upload completed PART III Bid Pricing Form Proof of Insurability boca prices.xlsx Partnership COI.pdf Bidder to submit/upload their proof of insurability as detailed in the Special Conditions with Bid response 2022-007 Addendum No. 1 boca addendum 1 scan.pdf Bidder to complete Addendum No. 1 for submission/uploaded with Bid response Business Tax Receipt Boca Partnership Business tax W9.pdf Bidder to submit copy/upload their current Business Tax Receipt for their business location. Bidder shall comply with Business Tax Receipt requirements for their business location. Bidders with a business location that does not utilize a Business Tax Receipt, this attachment is not applicable. Bidder is registered with their State of Origin BOCA Fictious name Partnership UNDER PARENT CO ELITE.pdf Bidder to submit/upload proof their firm name is registered with their State of Origin. (Sunbiz may be used for proof of firm name and registration) Bid Attributes 1 1 Validation of Supplier Name on Attachment A - Bid Response Bidder is responsible for validating that the supplier name / profile in the electronic bidding system matches the name provided on your Attachment A - Bidder Certification Form. To check your supplier name in the electronic bidding system: 1. Click on the RESPONSE tab in the electronic bidding system 2. Review your Profile 3. Any necessary Company Name changes require an email request from the user with administrator rights within the electronic bidding system to email the Buyer with the "Name" to be updated, supported by verifying documentation (Sunbiz, Articles of Incorporation, etc.) for review and validation. ❑ Confirmed, Validation completed (Confirmed, Validation completed) Page 3 of 3 pages Vendor: Partnership Landscaping, LLC F%4d12:M1 i i 147 eBcl, ca Raton PURCHASING DIVISION 201 W. PALMETTO PARK ROAD BOCA RATON, FL 33432 (561) 393-7871 Invitation to Bid BID NO. 2022-007 Landscape Maintenance for Cemetery and Mausoleum Table of Contents PART I — Terms, Conditions and Specifications General Conditions Special Conditions Technical Specifications and Statement of Work Exhibits Exhibit A — D PART II — Bid Response • Bidder Certification Form • Qualification of Bidder Form • Questionnaire • Drug Free Workplace Form • Schedule of Subcontractor Participation Form PART III — Bid Response - Pricing • Bid Pricing Form For Public Notice: Exhibit CMT Page 222 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 GENERAL TERMS AND CONDITIONS These general terms and conditions are standard for all contracts for commodities or services issued through the City of Boca Raton Purchasing Division (hereafter referred to as "City"). The City may delete, supersede, or modify any of these standard general terms and conditions for a particular contract by indicating such change in any document related to the Invitation to Bid (ITB). 1 INSTRUCTIONS TO BIDDERS 1.1 STATEMENT OF PRECEDENCE OF GENERAL TERMS AND CONDITIONS: Any and all Special Conditions contained in this ITB that may be in conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Terms and Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 1.2 GENERAL INFORMATION: These documents as listed in the Table of Contents, TOC -1, constitute the complete set of specification requirements and Bid forms. The Bid submittal, including all Bid sheets and attachments, must be filled in completely, executed and submitted. Bid Tabulations and Award Recommendations will be posted on the Purchasing Division Website at https://www.myboca.us/253/Tabulations-Award-Recommendations. 1.3 BIDDER NOTIFICATION: Notice of the ITB's will be emailed to Bidders who have fully registered on the City's online registration system. The City maintains automated vendor e-mail lists for each specific commodity code for sending the ITB. Unregistered Bidders may request a notice of a particular Bid, which will be emailed within a reasonable time frame, for that Bid only. The emailing of one ITB notice to Bidder, or a Bid in return, will not register a Bidder on the City's registration system. Bidders may register on the City's website by visiting httr)s://www.mvboca.us/244/Sur)plier-Registration 1.4 SUBMISSION, RECEIPT, AND OPENING OF BIDS: No Bid shall be considered unless received prior to the Bid opening date and time. No Bidder shall submit more than one Bid response to the ITB. Multiple Bid responses from same Bidder shall be cause for City to reject all Bids from that Bidder. 1.5 Bidders are encouraged to submit their Bid document via electronic submission.. Bidder's submitting a hard copy Bid in person or by mail should use the proposal forms provided by the City. Failure to use the City ITB forms may cause the Bid to be rejected. No Bid shall be accepted by facsimile, and therefore, any Bid submittals sent via facsimile shall be rejected by the City. 1.6 For hardcopy Bid submittals, the following applies: (1) Bid shall be submitted directly to the Purchasing Office (Room 105) at 201 W. Palmetto Park Road, Boca Raton, FL, 33432 in a sealed opaque envelope; (2) Any erasures or corrections on the ITB forms must be made in ink and initialed by Bidder; (3) All information submitted by the Bidder in the Bid document shall be printed, typewritten or handwritten in ink; (4) Bids shall be signed in ink; (5) When a particular ITB requires multiple copies of Bids, all must be included in a single envelope or package properly sealed and identified with the Bid number and name of Bidder on outside of the package. 1.7 Bids will be publicly opened in the Purchasing Office, City Hall, 201 W. Palmetto Park Road, Boca Raton, FL or other designated area. Bids will be opened, tabulated and made available for review by Bidders and the public in accordance with applicable regulations. 1.8 ADDENDUMS: The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes or additional information may be provided by the City. It shall be the responsibility of each Bidder, during and prior to Bid submittal to visit the City of Boca Raton Purchasing Division Bidding Opportunities link at https://brpurch.ionwave.net/CurrentSourcingEvents.aspx or contact the Purchasing Division at 561-393-7871 to determine if addendums were issued to any particular ITB and to obtain such addendums from the Purchasing Division Online bidding website. The City will make every effort to notify registered Bidders by email that an addendum has been made to the Bid. The City shall not be responsible for providing notice of addenda to potential Bidders who receive a Bid package from other sources. 1.9 NO BIDS: If you do not intend to Bid, please indicate the reason and return a no -bid response to the City. Failure to Bid or return no Bid comments, prior to the Bid due date, may result in your firm being deleted from the City's Bidder registration system. 2 of 30 Page 223 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 2 DEFINITIONS: 2.1 BIDDING DEFINITIONS The City will use the following definitions in its General Terms and Conditions, Special Conditions, technical specifications, statement of work, instructions to bidders, addenda, and any other document used in the bidding process: Award — The written notice of the acceptance of a Bid deemed by the proper authority of the City to be in the best interests of the City. Bid — a price and terms quote received in response to an ITB. Bidder/Supplier — Person or firm submitting a Bid. Business Days - Monday through Friday, excluding National Holidays Calendar Days — Monday through Sunday, including National Holidays Contract — Any agreement, regardless of style or form, for the procurement of commodities, services, or construction. Contractor — Successful Bidder who is awarded a Purchase Order, award Contract, or Term Contract to provide goods or services to the City. Days — Calendar Day, Monday through Sunday, including National Holidays Invitation to Bid (ITB) — All documents, whether attached or incorporated by reference, utilized for soliciting sealed Bids. May — Denotes the permissive. Responsible Bidder or Offeror — A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Responsive Bidder — A person who has submitted a Bid that conforms in all material respects to the requirements set for in the ITB, or solicitation. Shall — Denotes the imperative. Successful Bidder - The best, qualified, Responsible, and Responsive Bidder to whom the City makes an award. 3 BIDDING AND AWARD PROCEDURES 3.1 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the Bid and the prices quoted in the Bid will remain valid for acceptance by the City for a period of ninety (90) days from the date of Bid opening. 3.2 AWARD AND REJECTION OF BIDS: The City will award to the low Responsive Responsible Bidder whose product or service meets the terms, conditions, and specifications of the ITB as deemed in the City's best interest. The City reserves the right to: (1) 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, and at its discretion, request a re -bid; (2) award the Contract in accordance with the Special Conditions. In determining the responsiveness of the offer and the responsibility of the Bidder, the following may be considered when applicable: (1) the ability, capacity and skill of the Bidder to perform as required; (2) whether the Bidder can perform promptly, or within the time specified, without delay or interference; (3) the character, integrity, reputation, judgment, experience and efficiency of the Bidder; (4) the quality of past performance by the Bidder; (5) the previous and existing compliance by the Bidder with related laws and ordinances; (6) the sufficiency of the Bidder's financial resources; (7) the availability, quality and adaptability of the Bidder's supplies or services to the required use; and (8) the ability of the Bidder to provide future maintenance, service or parts. The City reserves the right to inspect all facilities of Bidders in order to make a determination as to the foregoing. Failure of Bidder to comply with the conditions set forth in the ITB may result in the Bid being considered non- responsive by the City. 3.3 PRICES QUOTED: Bidder shall deduct trade discounts, and quote firm net prices. If required, the Bidder shall 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 3 of 30 Page 224 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 item must be Bid separately. No attempt shall be made by the Bidder to tie any item or items contained in the ITB with any other business with the City. 3.4 MISTAKES: Bidders are cautioned to examine all documents pertaining to the ITB. In the event of extension error(s), the unit price will prevail, and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail, and the Bidder's total will be corrected accordingly. 3.5 TAXES: The City of Boca Raton is exempt from Federal and State taxes on direct purchase of tangible property. The Purchasing Office will supply the Successful Bidder with an exemption certificate or it may be obtained from the City's website at https://www.myboca.us/239/Supplier-Information-Help. Vendors or Contractors doing business with the City of Boca Raton shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor/Contractor be authorized to use the City's Tax Exemption Number in securing such materials. 3.6 BUSINESS TAX 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. 3.7 CONTRACTOR LICENSE: The Bidder Name identified on the Signature of Bidder form shall be fully licensed, to the extent required by Florida or Federal law, at time of Bid opening for type of work to be performed in order for their Bid to be considered. County or locally licensed contractors must be registered with the State of Florida DBPR Construction Industry Licensing Board at time of Bid opening. Copies of all applicable certificates, registrations and licenses must be submitted with the Bid and must be in the name of the Bidder shown on the Signature of Bidder Form. Should the Bidder not be fully licensed/certified, the Bid shall be rejected. 3.8 WARRANTIES OF USAGE: Any quantities listed in the ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. The City reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. 3.9 ALTERNATIVES/APPROVED EQUAL/DEVIATIONS: Unless otherwise specified, the mention of the particular manufacturer's brand name or number in the specifications does not imply that particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. An alternate will be considered, but shall be equal to or better in quality to what was specified and must include descriptive literature and/or specifications. It is the Bidder's responsibility to provide adequate information regarding an alternate to ensure that the Bid meets the required criteria. If adequate information is not submitted with the Bid, the Bid may be rejected. The determination as to whether any alternate is equal or better or is not equal shall be made solely by the City of Boca Raton and such determination shall be final and binding upon all Bidders. 3.10 MINIMUM AND MANDATORY SPECIFICATIONS: The Bid specifications may include items that are considered minimum or required. If any Bidder is unable to meet, or exceed these items, and is of the opinion that the specifications are overly restrictive, Bidder must notify the Purchasing Division immediately. Such notification must be received in writing by the Purchasing Office prior to the deadline contained in the Special Conditions, for questions of a material nature, or prior to seven (7) business days before Bid due date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications and statement of work to be acceptable to all Bidders and all objections are waived by the Bidder. 3.11 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested by the City to determine suitability. Samples shall be requested after the date of Bid opening, and if requested, shall be provided by Bidder to the City within seven (7) business days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, and upon request of the Bidder, will 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 location selected by the City. Failure to provide samples or demonstrations as specified by the City may result in rejection of the Bid. 3.12 PUBLIC RECORDS: Bidders are advised that the Sunshine Law and Public Records Act (Chapters 286 and 119, Florida Statutes, respectively) are applicable to the City. Information and materials received by the City in connection with an ITB response, as provided by Florida law, are public records. 3.13 DRUG FREE WORKPLACE PROGRAMS: Preference shall be given to business with Drug -Free Work Place programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by 4 of 30 Page 225 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 the City for the procurement of commodities or contractual services, the Bidder that provided proof to the City that it has a written Drug Free Work Place program shall be given preference in the award process. 3.14 LEGAL REQUIREMENTS: Bidder shall comply with applicable provisions of all federal, state, county laws, City of Boca Raton Code of Ordinances, rules and regulations and the City of Boca Raton Procurement Code. Lack of knowledge of any such provision, by any Bidder, shall not constitute a cognizable defense against the legal effect thereof. Pursuant to Chapter 2 (Administration), Article VIII (Lobbyist Registration), Sections 2-351 through 2-357, Palm Beach County, Florida, Code of Ordinances, any person who acts as a lobbyist must registerwith Palm Beach County's Central Lobbyist Registration Site, prior to engaging in lobbying activities before City of Boca Raton staff, boards, committees and / or the City Council, or any member thereof. Lobbyist Registration Forms are available at: https:Hsecure.co.palm-beach.fl.us/Irs/Main/Login.aspx?Return Url=°/`2flrs%2f 3.15 PROCUREMENT CODE: A copy of the Procurement Code is available for your review at https://www.myboca.us/239/Supplier-Information-Help. 3.16 PUBLIC ENTITY CRIMES: In accordance with the provisions of paragraph (2)(a) of Section 287.133, Florida Statues, 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 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 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3.17 CODE OF ETHICS/CONE OF SILENCE: If any Bidder is found to be in violation of the Code of Ethics of the City of Boca Raton and/or the State of Florida with respect to this Bid, such Bidder may be disqualified from performing the work described in this Bid or from furnishing the goods or services for which the Bid is submitted and may be further disqualified from bidding on any future Bids for work or goods or services for the City of Boca Raton. A copy of the City and State Ethics Codes is available at the office of the City Clerk, City of Boca Raton, 201 W. Palmetto Park Road, Boca Raton, Florida. Bidder shall comply with all Florida laws relating to conflicts of interest, including Section 112.313, Florida Statutes and shall under appropriate circumstances, submit Form 3A, Interest in Competitive Bid for Public Businesses. This form may be obtained from the City of Boca Raton website at: https://www.myboca.us/230/Purchasing-Division The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Boca Raton. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this Bid. You are required to comply with Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance during this procurement process. The complete Palm Beach County Lobbyist Registration Ordinance, including Section 2-355, may be found on the Palm Beach County Ethics website at http://www.palmbeachcountyethics.com/pdf/Lobbyist_Registration_Ordinance-2012.pdf. 3.18 NON -COLLUSION: Bidder certifies that this Bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities permitted; either with, prior to or after any delivery of material or provision of services. Any violation thereof may result in contract cancellation, return of materials or discontinuation of services and may be removed from the vendor Bid list(s). 3.19 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, as provided by law, if such action is in its best interest. 4 INSURANCE 4.1 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by the City. The Contractor shall provide to the Purchasing Division original certificates of current coverage meeting all such requirements and specifications prior to engaging in any activities under this Contract. The certificates must list the City as an ADDITIONAL INSURED and shall provide no less than thirty (30) days written 5 of 30 Page 226 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 notice to the City of cancellation or material change. Further modification of the insurance requirements may be made if circumstances change or adequate protection of the City is not presented. 4.2 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall, in addition to any other obligation to defend, indemnify the City of Boca Raton Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Boca Raton, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Boca Raton to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. This provision shall not be deemed to waive any of the rights or immunities accorded to the City by section 768.28, Florida Statutes, or any other applicable law. 5 PURCHASE ORDER AND CONTRACT TERMS: 5.1 METHOD OF ORDERING: Items shall be ordered via an individual purchase order. 5.2 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 in the ITB or as otherwise accepted by the City. Deliveries shall be made in accordance with City of Boca Raton security procedures. 5.3 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to a Bid award shall remain the property of the Bidder 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 Bid, be of the required quality, new, and the latest model, unless specified in the Special Conditions. 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 satisfactory acceptance of materials or services. 5.4 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES: Items offered may be tested for compliance to 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 delivery of items not conforming to specifications, or late delivery may result in enforcement of all remedies in law or equity or as specified in the City's Procurement Code. 5.5 CHANGES / MODIFICATIONS: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee that changes or modifies the requirements of the awarded Bid and or Contract. Only those communications, which are in writing from an authorized representative of the City and the Contractor, in accordance with the City of Boca Raton Procurement Code and or purchasing operating procedures, may vary the terms of the written Bid or Contract. 5.6 PAYMENT TERMS, CASH DISCOUNTS AND INVOICES: Payment terms, unless otherwise stated in this ITB, will be considered to be net 30 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 a correct invoice at the office specified, whichever occurs last. Partial billing will not be accepted unless authorized specifically in the Special Conditions. Invoices must be submitted against each individual purchase order. Invoices without a correct and valid purchase order number may not be processed for payment. 6 of 30 Page 227 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Request for payment for any and all invoice(s) that may arise as a result of a purchase order issued pursuant to this Bid specification shall minimally meet the following conditions to be considered as a valid payment request: (a) Timely submission of a properly certifiable invoice(s), in strict accordance with the price(s) and delivery elements as stipulated in the Contract or purchase order document, submitted to: invoices@myboca.us or City of Boca Raton, Financial Services Department City Hall, 201 W. Palmetto Rd, Boca Raton, FL 33432 PH: 561-393-7727 (b) All invoices submitted shall: consist of an original; clearly reference the subject purchase order number; provide a sufficient salient description to identify goods or service for which payment is requested; contain the date of delivery; contain an original or legible copy of signed delivery receipt including both manual and printed name of a designated City of Boca Raton employee or authorized agent who received the goods; and identify invoice as "partial" or "final". (c) The invoice shall contain the Bidder's Federal Employer Identification number and clearly reference the Bidder's Business name and address for payment. 5.7 SAFETY STANDARDS: Manufactured items, fabricated assemblies and on-site contractor services shall comply with all applicable federal, state and local requirements. For on-site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be limited to: required employee safety & health training, written safety and health programs, provision of required personal protective equipment (PPE), and/or provision and use of required atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Health Act (OSHA) of 1970; as amended, and any other applicable federal, state and local regulations. 5.8 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB, Bidder will supply only material or equipment that is 100% asbestos free. 5.9 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 and conditions of the ITB 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. 5.10 INDEPENDENT CONTRACTOR: Contractor undertakes performance of the services as an independent contractor and shall be wholly responsible for the methods of performance. The Contractor, nor the sub- contractor or their employees or their agents, shall not receive any City benefits, stipend or privileges afforded to City employees. 5.11 ASSIGNMENT: The City and Contractor each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Contract. Any assignment, sale, pledge or conveyance of this Contract by Contractor must be previously approved in writing by the City. 5.12 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. 5.13 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this ITB/Contract, or if the Contractor shall violate any of the provisions of this Contract, the City may, upon written notice to the Contractor, terminate the right of the Contractor to proceed under this Contract, or with such part or parts of the Contract as to which there has been default, and may hold the Contractor liable for all 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 Contract 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 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 Contract 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. 7 of 30 Page 228 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 5.14 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel Contract in whole or in part by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this Contract 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 the City. 5.15 TERMINATION FOR GOVERNMENTAL NON -APPROPRIATIONS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period. Continuation of the Contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law, and contract, and shall be terminated without penalty to the City and without any default upon the last day in which funds were last appropriated. 5.16 RECORDS/AUDIT: The Contractor shall maintain during the term of the Contract all books of account, reports and supporting records in accordance with generally accepted accounting practices and standards for records directly related to this Contract for a minimum of (1) year beyond the last day of the Contract term. The form of all records and reports shall be subject to the approval of the City. The Contractor agrees to make available for review and audit to the City and or City Consultant, during normal business hours and in Broward, Miami Dade or Palm Beach Counties, all books of account, reports and supporting records relating to this Contract for the duration of the Contract and for one year following the last day of the Contract. 5.17 POST SALE AUDIT ADJUSTMENT: All items sold to the City of Boca Raton as a result of this Bid are subject to Post Sale Audit Adjustment. In the event that an audit reveals the vendor has not honored quoted pricing, price lists or discount structures, vendor will be liable and will be invoiced and collected with (30) days for any and all overstated charges. Failure to remit may result in termination of the Contract. 5.18 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his own expense, obtain all necessary permits, pay all licenses, fees and taxes, which comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried on under this Contract. City of Boca Raton permit fees will be waived by the City; however, fines and penalties will be assessed based upon standard fee structure. 5.19 CONTRACTOR REGISTRATION: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. Contractors awarded work involving a permit shall register with the City of Boca Raton License Office prior to performing the work. 5.20 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from 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 its 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 all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 5.21 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, county, local and municipal laws, ordinances rules and regulations that would apply to this Contract. Further, Contractor acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement. 5.22 COMPLIANCE WITH CITY OF BOCA RATON ORDINANCE: Awarded vendor shall comply with all applicable Boca Raton City Ordinances, including, but not limited to, 16-57, "Display of Identification on Trucks and Related Commercial Vehicles", which mandates vehicles be designated by lettering of two inches minimum size on either side of the vehicle indicating the name and address of the person owning or operating the same for commercial use. 5.23 GOVERNING LAW AND VENUE: Contracts shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County and the Agreement will be interpreted 8 of 30 Page 229 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 according to the laws of Florida. By entering into this award, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this award. 5.24 NON-DISCRIMINATION: The City of Boca Raton is an equal opportunity employer and prohibits discrimination on the basis of race, color, religion, national origin, sex, age, marital status, disability, and/or political affiliation in all aspects of its personnel policies and procedures, programs, practices and operations. 5.25 CITY POLICIES: Awarded contractor shall comply with the City of Boca Raton Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Boca Raton Human Resources Division. Violations of these policies may result in cancellation of the Contract. 5.26 ADDITIONAL DISCOUNTS: Should sales promotions occur during the term of the Contract that lower the price of the procured item or items, the vendor shall extend to the City the lower price offered by the manufacturers or Vendors on any such promotional item. Further, any price decreases effectuated during the Contract period by reason of market change, quantity discounts, or otherwise, should be passed on to the City of Boca Raton. 5.27 PUBLIC RECORDS: A. The City of Boca Raton is a public agency subject to Chapter 119, Florida Statutes. A Contractor providing services shall comply with Florida's Public Records Law and therefore shall comply with Section 119.0701, Florida Statutes. Specifically, Contractor shall: 1) Keep and maintain all public records related to the performance of 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 does not exceed that provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3) Ensure that public records that are exempt or confidential and exempt from 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. 4) Upon completion or other termination of the Contract, keep and maintain the public records required by the City to perform the services. Contractor shall meet all applicable requirements for retaining public records set out in Florida law. 5) In addition to maintaining the records pursuant to Paragraph Number 4 above, provide to the City all records that were stored electronically by Contractor, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the CITY. B. The failure of Contractor to comply with the provisions set forth in this Article, or to comply with the City's request for records, shall constitute a default and breach of this Agreement, and the City shall, in its discretion, pursue any and all remedies against Contractor provided for under this Contract or at law. C. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-393-7740, 9 of 30 Page 230 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 BRCITYCLERK(cD-MYBOCA.US, CITY HALL, CITY CLERK, 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432. 5.28 SCRUTINIZED COMPANIES A. Pursuant to Section 287.135, Contractor is ineligible to enter into, or renew, this Contract if Contractor is on the Scrutinized Companies that Boycott Israel List (as identified in Section 215.4725, Florida Statutes), or is engaged in a boycott of Israel. B. By entering into this Contract, Contractor certifies that Contractor is not on the Scrutinized Companies that Boycott Israel List, and that Contractor is not engaged in a boycott of Israel. C. Contractor shall notify the City if, at any time during the term of this Contract, Contractor is placed on the Scrutinized Companies that Boycott Israel List, or that Contractor is engaged in a boycott of Israel. Such notification shall be in writing and provided by Contractor to the City within ten (10) days of the date of such occurrence. D. In the event the City determines, using credible information available to the public, that Contractor has submitted a false certification or Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel, the City may, in its sole discretion, terminate this Contract and seek a civil penalty, and other damages and relief, against Contractor, pursuant to Section 287.135, Florida Statutes. In addition, the City may pursue any and all other legal remedies against Contractor. E. Contractor shall not seek damages, fees, or costs against the City in the event the City terminates the Contract pursuant to this provision. 5.29 E -VERIFY By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all employees hired after January 1, 2021 (as well as contractual employees whose contract is renewed after January 1, 2021), and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Should Contractor violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. 10 of 30 Page 231 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 SPECIAL CONDITIONS PART I - INSTRUCTION TO BIDDERS 1.01 INSTRUCTIONS TO BIDDERS The City of Boca Raton, Florida is seeking Bids from qualified Bidders for Landscape Maintenance for Cemetery and Mausoleum, Bid Number 2022-007. This Bid package contains all of the information and documents necessary to prepare and submit a Responsive Bid. Bidders are cautioned to read all of the documentation provided. Bidder will be responsible for complying with all requirements identified herein. The City of Boca Raton shall not be responsible for the content of Bid response packages or addenda received from any third party source. Due date and time for Bid response: Bid shall be received prior to 3:00 p.m. local time (Boca Raton, FL) on June 22, 2022. Bidder is directed to the Response Attachments section of the City of Boca Raton eSourcing Portal for attachments to be completed and submitted with the Bid response. 1.02 PURPOSE The purpose of this Bid is to provide landscape maintenance services for the City's Cemetery and Mausoleums located at 451 SW 4th Avenue, Boca Raton, FL 33432. 1.03 HOW TO RESPOND TO THIS BID Either of the following two options may be utilized by a Bidder to submit a sealed Bid response. Submission of the Bid response by electronic transmission using the City of Boca Raton eSourcing Portal located at.1 Itt ;,//brig.! .Ircln,.ionwave.,n t/ll,..g., iin..as x. In order to submit the Bid electronically: (1) the Bidder should download the Bid documents; (2) all required bid data/information must be added to the Bid documents and included forms; (3) an individual authorized to contractually bind the Bidder must sign all required Bid forms; (4) the entire Bid response and all signed forms must be scanned to PDF format unless other file format is identified; and (5) the Bidder shall upload the scanned Bid response and signed Bid forms to the City of Boca Raton eSourcing Portal pursuant to the directions in the City of Boca Raton eSourcing Portal. Please note that the maximum file size is 100 MB for an uploaded file. Bidders are strongly encouraged to read the Supplier Guides and Tutorials available in the City of Boca Raton's eSourcing Portal well in advance of their intention of submitting a response to ensure familiarity with the City of Boca Raton's eSourcing Portal and submitting a response through it. The City shall not be responsible for a Proposer's inability to submit a response by the closing date and time for any reason, including issues arising from the use of the City of Boca Raton's eSourcing Portal. Bidder's response shall not contain any alteration to the Bid documents that were posted by the City other than entering data, information and signatures required by the Bid in the spaces provided for such data, information and signatures, and by including attachments as necessary. By submission of an electronic Bid response, Bidder affirms that a complete set of Bid documents was obtained from the City of Boca Raton eSourcing Portal and that Bidder made no alteration of any kind or nature to the Bid documents other than entering data, information and signatures required by the Bid or by including attachments as part of the Bid response. Electronic Bid submissions are only permitted to be upload prior to 3:00 p.m. on the Bid due date. Any attempt to upload a late Bid response at or after 3:00 p.m. on the Bid due date will be rejected by the City of Boca Raton eSourcing Portal. It is highly recommended that Bidders submit their Bid response as an electronic submission using the City of Boca Raton eSourcing Portal. Delivery of the Bid response as a sealed paper Bid response. 11 of 30 Page 232 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 The City will receive Bids at the following address: City of Boca Raton City Hall / Attn: Purchasing Division, Room 105 Attn: Robin Annexstein Bid Number: 2022-007, Landscape Maintenance for Cemetery and Mausoleum 201 W. Palmetto Park Road Boca Raton, FL 33432 The envelope shall be identified on the outside with the Bidder's name and address, and the notation: "Bid No. 2022-007, Landscape Maintenance for Cemetery and Mausoleum". ii. Bidders are instructed to enter building through the front entrance door (North side of City Hall Building) when hand delivering bids. iii. Check in at the reception area and identify that you have a Bid package for delivery to the Purchasing Division. A representative from the Purchasing Division will be contacted to receive the Bid submittal or will already be at that reception area. The Purchasing Division representative will place a date/time stamp on your Bid submittal package to confirm receipt is prior to the closing date and time. iv. Bidders are responsible for verifying that they have received and viewed all bid pages. Bidders are requested to submit an original and no copy of their Bid document for review by the City. Each applicable response attachment as provided in the City of Boca Raton eSourcing Portal are to be submitted in accordance with the instructions for each specified attachment. 1.03.1 Rejected Bid Response A Bid response submitted either by upload or by hand -delivery after the specified due date and time will be rejected. As indicated above, the City of Boca Raton eSourcing Portal will not accept Bid responses that are attempted to be submitted after the due date/time. As to a hand -delivered Bid response, it will be rejected and returned unopened when the Bidder attempts to hand -deliver it or it will be rejected when it is attempted to be hand -delivered by a third party mail service. If the Bid response is delivered after the required date and time and a City representative is not available to reject it, that Bidder will be notified that the Bid response was submitted after the required/specified date and time and the City will return the Bid response, as long as the Bidder name and address is available on the Bid response package. 1.03.2 Viewing of Bid Response The names of the Bidders who have submitted a Bid response will be made available on the Purchasing Division Web page https://www.myboca.us/253/Tabulations-Award-Recommendations Bidder's Bid response (either uploaded or hand -delivered) shall be signed only by an individual authorized by the Bidder to both execute such Bid and to bind the Bidder. For electronic submissions, the signature included shall be deemed an original signature, shall be binding on the Bidder, and shall be relied upon by the City as a document authorized by the Bidder for all purposes. In addition to General Condition Item 1.7, the City utilizes "Go To Meeting" as their Communications Media Technology (CMT) as fully detailed in Exhibit CMT for the public Bid opening. 1.04 INTERPRETATION / INQUIRIES / CORRECTION OF BIDDING DOCUMENT All Bidders shall carefully examine the Bid documents. Any ambiguities, errors or inconsistencies shall be brought to the attention of the City procurement contact in writing prior to the opening of Bids. Failure to do so by the Bidder will constitute an acceptance by the Bidder of any subsequent decision by the City and a waiver of any such ambiguity or inconsistency. Bidders shall promptly notify the City procurement contact in writing of any ambiguity, inconsistency or error which is discoverable upon examination of the Bidding documents or of the site and local conditions. In conjunction with General Term and Condition No. 3.10, such notice to be provided at least seven (7) business days prior to the Bid due date at the address listed below. 12 of 30 Page 233 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Bidders requiring clarification or interpretation of the Bidding documents shall make a written request which shall reach the City at the address listed below at least seven (7) business days prior to the Bid due date. Bidders requesting clarification or interpretation of the Bidding documents shall identify in their correspondence the article, section or page for each inquiry made. Inquiries shall clearly address the Bid number and Bid title in the subject line and be addressed to the City's Purchasing Division at: City of Boca Raton/Purchasing Division, Room 105 Attn: Robin Annexstein Bid Number: 2022-007, Landscape Maintenance for Cemetery and Mausoleum 201 W. Palmetto Park Road Boca Raton, Florida 33432 Or by Email Email: annexstein(o)_myboca.us Oral explanation given before the opening of the Bid will not be binding. Any interpretation or corrections to the Bidding document will be in the form of an Addendum. Only questions answered by formal written Addenda will be binding. 1.05 EXISTING CONDITIONS / INSPECTION OF FACILITIES It is the Bidder's responsibility to become fully informed as to the nature and extent of the work required, ascertain pertinent local conditions and its relation to any other work in the area, including possible interference from other site activities. Bidders may visit the locations on their own and can refer to Exhibit C — Maps, which contains maps of all locations or they may contact City Representative Julia Shelton, 561-393-7748 regarding questions on the directions and/or locations requiring service. Bidders are advised to make a thorough inspection of the site. After the Bid has been awarded, no extra charge or compensation will be allowed by the City as a result of differences between actual materials and labor, unless by reason of unforeseeable causes beyond his/her control and without fault or negligence, including, but not restricted to acts of God or neglect of any other contractor. PART II DEFINITIONS 2.01 DEFINITIONS City of Boca Raton eSourcing Portal: the electronic bidding platform software used by the City of Boca Raton, managed by IonWave Technologies, Inc. PART III BIDDING AND AWARD PROCEDURES 3.01 F.O.B. POINT All prices quoted shall be F.O.B. destination, freight prepaid (Contractor pays and bears freight charges, Contractor owns goods in transit and files any claims). The Contractor shall be fully responsible for any and all travel expenses and/or delivery/transport charges to and from destination. Exact delivery point will be indicated on the purchase order, when not listed in the Bid document. All costs derived for transporting materials, labor and equipment to perform the services in this Contract shall be borne by the Contractor and reflected in the unit price. 3.02 QUALIFICATION OF BIDDERS This Bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified and meets or exceeds the qualification requirements listed in Qualification of Bidder Form. The Bidder should submit Qualification of Bidder Form and applicable supplemental documents with their Bid package to be considered responsive in order for the City to fully evaluate the Bidder's qualifications. If information is not included, the City reserves the right to solicit Bidder for the submission of this information. Failure by Bidder to provide the omitted information within the specified time frame(s) communicated in writing may result in Bidder's Bid response being 13 of 30 Page 234 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 considered non-responsive and thereby rejected. Response for each qualification requirement should be submitted by use of the City provided Qualification of Bidder Form. THE QUALIFICATION OF BIDDER REQUIREMENTS FOR THE BID ARE IDENTIFIED IN QUALIFICATION OF BIDDER FORM. 3.03 COMPETENCY OF BIDDERS Pre -award inspection of the Bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance to warrant 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. 3.04 BACKGROUND INFORMATION The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence of their qualifications as it may deem necessary, and may consider any evidence available to it as to the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. Moreover, the City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation conducted by the City of Boca Raton Police Department. As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. 3.05 SUBCONTRACTING It is the intention of this Bid not to subcontract any work. However, if a Bidder must subcontract, subcontracting is ONLY permitted for the following services: Chemical Pest Control. If subcontracting for chemical pest control services, Bidder shall show documentation of at least one person employed with their firm or subcontracted and assigned to this Contract that has a current State of Florida Certified Pesticide Applicator's License to perform Chemical Pest Control Services as detailed in the Qualification of Bidder form. If a Bidder will be subcontracting any portion of the work, for any reason, Bidder must include this information with their Bid response in writing by use of Schedule of Subcontractor Participation Form detailing extent of work to be performed by subcontractor If Bidder should need to change subcontractor information, changes are subject to the approval by the City. The City of Boca Raton reserves the right to reject a Bid of any Bidder if the Bid 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. Changing subcontractors throughout the course of the Contract is prohibited, unless the Contractor obtains written approval from the City project manager and replaces the subcontractor with a new subcontractor that is equivalent in experience and qualifications. The City reserves the right to reject any request to change subcontractor that does not meet these requirements, and Contractor will be required to find an equivalent subcontractor. Contractor shall ensure that all subcontractors have and maintain proper insurance for the portion of the work that they will be completing, as well as all workers' compensation and other insurance. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the City of Boca Raton. 3.06 TERMS, CONDITIONS AND SPECIFICATIONS With the exception of submitting an "Alternate" in accordance with item 3.9 of the "General Terms and Conditions", no additional terms, conditions or specifications included with Bidder's Bid response shall be evaluated or considered and any and all such additional terms, conditions and specifications shall have no force and effect and are inapplicable to this Bid. If submitted either purposely through intent or design or inadvertently separately in transmittal letters, vendor quotation/proposal forms, specifications, literature, price lists or 14 of 30 Page 235 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 warranties, it is understood and agreed the general conditions, special conditions and technical specifications and statement of work in this Bid are the only terms applicable to this Bid and Bidder's authorized signature attests to this. 3.07 METHOD OF AWARD In conjunction with General Condition 3.2, award recommendations shall be subject to the approval of the City Manager, City Manager designee or City Council as provided for the City's Code of Ordinances. Award recommendations to be posted on the City of Boca Raton Purchasing Division Notice Board for a period of three business days prior to making the award. • The City reserves the right to award to a single Bidder on an all or none basis. Bidder is required to bid all items to be considered. 3.08 TIE BID RESPONSES Tie Bids shall be made in accordance with item 3.13 of the General Conditions. In the event none or multiple firms comply with the Drug -Free Work Place in accordance with Florida Statute 287.087 and the tie Bid still remains, the following shall apply. A. Whenever two Bid Responses, which are equal with respect to price and are deemed the low responsive and responsible Bidders are received by the City for the procurement of commodities or contractual services, the City will make the decision by way of a coin toss to determine the single awarded Bidder. Notice of using a coin toss to determine the award will be provided to the two tie Bidders. B. Whenever three or more Bid Responses which are equal with respect to price and are deemed the low responsive and responsible Bidders are received by the City for the procurement of commodities or contractual services, the City will make the decision by way of a drawing to determine the single awarded Bidder. Notice of using a drawing to determine the award will be provided to the three or more tie Bidders. 3.09 POST AWARD MEETING Within seven (7) days after receipt of notification of Bid award, Successful Bidder (hereinafter referred to as the Contractor) shall have their assigned account representative meet/review/schedule a conference call with the City Project Manager. Items to be reviewed include, but are not limited to: • Summarized Time Schedule • Number of crew • Plan of entry, exit and flow of service • Contact lists and phone numbers PART IV INSURANCE REQUIREMENTS Proof of ability to obtain insurance to be submitted with Bid document unless exempted. 4.1 COMMERCIAL GENERAL LIABILITY Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. Contractor agrees its coverage will not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X -C -U Coverage, Contractual Liability, Cross Liability or Separation of Insureds. The Contractor agrees any self-insured retention or deductible shall not exceed $25,000. Additional Insured Endorsements The Contractor agrees to endorse the City of Boca Raton as an Additional Insured on the Commercial General Liability policy on a primary and non-contributory basis with CG 20 10 04 13 endorsement or ISO equivalent. 4.2 WORKER'S COMPENSATION & EMPLOYER'S LIABILITY 15 of 30 Page 236 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 The Contractor agrees to maintain its own Worker's Compensation & Employers Liability Insurance in compliance with Florida Statute 440. (NOTE: Elective exemptions or coverage through an employee leasina arranaement will NOT satisfv this reauirement). 4.3 BUSINESS AUTOMOBILE LIABILITY Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 per Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. In the event that the Contractor does not own any vehicles, we will accept hired and non -owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the Contractor indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. Contractor's Signature: 4.4 SUBCONTRACTOR'S INSURANCE The Contractor shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the successful Contractor. Each subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance, and successful Contractor shall furnish one copy of the Certificate to the City of Boca Raton. 4.5 SUPPLEMENTAL PROVISIONS 1. The insurance policy coverage as outlined herein shall remain in effect for the entire contract period. In the event of coverage cancellation, non -renewal, material change, modification or lapse of coverage, Contractor shall notify the City within thirty (30) business days with written notice of such to the Purchasing Division by email to Purchasing-Insurance(c myboca.us. All renewal or replacement certificates of insurance specific to the contract/agreement/award shall be forwarded to the Purchasing Division by email to Purchasing-lnsurance&rnyboca.us PART V PURCHASE ORDER AND CONTRACT TERMS 5.01 CONTRACT The signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon award of the Bid by the City Manager or the City Council and execution of a City of Boca Raton purchase order or a Notice of Award letter from the City. The City Manager approval or the City Council approval shall constitute authorization to execute a City of Boca Raton purchase order and/or Notice of Award letter with reference to the Bid, which shall act as the binding Contract between the City and the awarded Bidder(s). The Contract shall include the Bid solicitation, any and all addenda issued by the City and the Bid response submitted by the Bidder. In any discrepancy between the documents, the order of precedence shall be as follows: 1) Addendum in reverse order of release; 2) Bid solicitation; 3) Bid response. In case of default on the part of the awarded Bidder, the City may procure the items or services from other sources and hold the Bidder responsible for any excess cost occasioned or incurred thereby. 16 of 30 Page 237 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Where the Contract involved a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. 5.02 CONTRACT PERIOD AND AUTOMATIC RENEWAL The initial Contract period shall commence upon the date of notice of award by the City and shall be for a one (1) year term automatically renewed thereafter for four (4), one (1) year renewal periods subject to termination clause(s) as provided herein. Automatic contract renewal shall be subject to the appropriation of funds, satisfactory performance and determination that the contract renewal is in the best interest of the City. The City requires a firm price for the first year of the initial contract period. Automatic annual renewals shall be in compliance with the specifications, terms, conditions and any cost adjustments approved by the City. For the purpose of re -bidding, the Contract may be extended at the City's option for a defined period of time, not to exceed one (1) year. Option for extension will only be exercised upon mutual written agreement and with all specifications, terms, conditions and any cost adjustments approved by the City. 5.03 ANNUAL COST ADJUSTMENT Prices quoted shall be firm for year one (initial contract term). Thereafter, any annual term which Contractor requests a cost adjustment, the following conditions shall apply: 1. Prices bid may be subject to a cost adjustment only if increases or decreases occur in the industry. 2. Any requested adjustment shall be fully documented by the Contractor and submitted to the Buyer at least 90 days prior to each annual anniversary date. Contractor is responsible for obtaining confirmation of receipt for their cost adjustment submittal. 3. The cost adjustment submittal shall identify each Bid item affected and the proposed price adjustment with written justification documenting and attesting that the request is a bonafide cost increase/decrease, with applicable CPI index or other industry index data to support the cost increase/decrease. 4. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if adjustments 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 with written notice to the Contractor. Any cost adjustments approved by the City will be approved in writing from the City and made effective for the upcoming renewal term. In the event that a cost decrease is realized due to changes in the economy (CPI/CPU and/or decreases that are industry specific), the City shall have the right to request and receive from the Contractor a reasonable reduction in costs. 5.04 MODIFICATIONS/ADDITIONS/DELETIONS OF SERVICES Although this Bid identifies specific products/services/locations to be serviced, it is hereby agreed and understood that any product/service/location may be deleted from this Contract at the option of the City at any time when and where deemed necessary with written notice by the City. When the City may require additional products/services/locations, the Contractor agrees to provide a price quote for such product/services/locations 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/locations from other vendors or to cancel the Contract or a portion of the Contract. Items added or amended must be mutually agreed upon in writing by the Contractor, the City's Project Manager and Purchasing Manager or appointed designee by use of a contract modification. 5.05 METHOD OF ORDERING Multiple purchase orders will be issued by the City. Purchase order(s) will be issued for each fiscal year of the Contract term. The authorized using Department(s) will order requirement(s) on an "as needed" basis. All terms, conditions and prices of this Bid are applicable. Only awarded Bid items may be purchased on a Purchase Order and Contractor is to take all necessary steps to only provide awarded Bid items. Invoices must reference purchase order number. 17 of 30 Page 238 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 5.06 DEFAULT FOR DELIVERY TIME REQUIREMENTS In the event that the Contractor cannot respond adequately to the completion time requirements identified herein by reason of equipment failure or any other reason, the Contractor shall advise the City in writing within 24 hours of said inability, 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 cancel the Purchase Order and/or Contract and any outstanding services with no penalty to the City and undertake the necessary work through its own services, from another vendor source or from the next lowest responsive, responsible Bidder. 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. 5.07 QUANTITY The quantities shown are estimated as annual requirement. The City of Boca Raton reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this Contract. 5.08 ACCEPTANCE AND PAYMENT In conjunction with General Term and Condition No. 5.3 and 5.6, the City of Boca Raton will pay 100% of the Contract price for each order after all items have been delivered/installed and accepted / after all services have been provided and accepted by the City. The using department will make final inspection of the material/services covered by this Bid when it is delivered / installed in accordance with the specifications and must be approved before payment is made. 5.09 UNSUCCESSFUL SERVICES In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the City and given a time frame to correct the work/deficiency. There will be no cost to the City for these corrections. If work/deficiency is not corrected, or if the Contractor fails to perform any required service within the time frame agreed to, the City reserves the right to: a. Obtain the service of an alternate Contractor. Deductions of the cost of such substitute will be made from the Contractor's payments or owed to City. Exemptions may be given by the City if notified of any delays, problems or conflicts that may arise during the course of a particular project. b. Negotiate with the Contractor on a payment for the portion of acceptable work completed and usable to the City. C. Request for immediate replacement of services of partial or entire order. d. Cancellation of remaining order at no cost to the City e. Withholding payment until compliance is received Unsatisfactory performance may result in the termination of the Contract 5.10 PURCHASE ORDER DURATION Purchase orders issued must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the City term Contract shall apply to the single delivery/performance and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the Contract. However, if the Contractor expressly and in writing notifies the City Buyer as listed on the Purchase Order within three (3) business days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration 18 of 30 Page 239 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 of the term contract, then the purchase order will either be amended in writing by the City within three (3) business days of receipt of the Contractor's notice to reflect the term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the term contract period by more than twelve months, including any term extension periods. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the term contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. 5.11 PROTECTION OF PROPERTY The Contractor shall at all times guard against damage or loss to the property of the City of Boca Raton or that of other vendors or Contractors and shall be held responsible for replacing or repairing any such loss or damage. The City of Boca Raton may withhold payment or make such deductions, as deemed necessary, to ensure reimbursement or replacement for loss or damage to property through negligence of the successful Bidder or their agent(s). 5.12 CONTRACTOR RESPONSIBILITY The Contractor shall be responsible for the protection of property in the areas in the adjacent vicinity of the project; and for the protection of his own 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. 5.13 E -VERIFY Should Bidder become the Successful Bidder for Bid No. 2022-007, by entering into this Contract, the Successful Bidder becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all employees hired after January 1, 2021 (as well as contractual employees whose contract is renewed after January 1, 2021) and requiring all subcontractors/subconsultants to provide an affidavit attesting that the subcontractor/subconsultant does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor/subconsultant knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Contract is terminated for a violation of the statute by the Successful Bidder, the Successful Bidder may not be awarded a public contract for a period of 1 year after the date of termination. Should Successful Bidder violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. 5.14 PUBLIC SAFETY AND CONVENIENCE In the Contractor's use of streets and highways for the work to be done under these specifications, Contractor shall conform to all Municipal, County, State and Federal laws and regulations as applicable. The Contractor shall at all times so conduct their 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 Project Manager or appointed designee. There shall be no obstruction of the travel lanes between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. without approval from the Project Manager or appointed designee. No road or street shall be closed to the public, except with the permission of the Using Department and proper governmental authority. Fire hydrants on or adjacent to the work area shall be kept accessible to fire -fighting equipment at all times. Temporary provisions shall be made by the Contractor to ensure the use of sidewalks, public telephones and the proper functioning of all gutters, sewer inlets, drainage ditches, and irrigation ditches. 5.15 EXISTING UTILITY FACILITIES The Contractor is to investigate, by pot -holing or by other methods, to verify the location of all existing utilities. Any conflicts found are to be brought to the attention of the City for resolution prior to start of work. Unless 19 of 30 Page 240 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 otherwise directed, the Contractor is to support or otherwise protect all other utility companies' facilities while work is in progress. Unauthorized work, where damages are sustained by any utility (including irrigation) as a result of operations under this Contract shall be promptly repaired or replaced at the sole expense of the Contractor and no additional money shall be due for this repair or replacement work under this Contract. 5.16 LICENSES In addition to General Condition 5.18, the following license is required: • State of Florida Certified Pesticide Applicator's License to perform Chemical Pest Control Services — held by Contractor or Subcontractor responsible for all pesticide applications. Bidder must submit a copy of Contractor or Subcontractor's valid Florida Certified Pesticide Applicator's License with Bid submittal. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 20 of 30 Page 241 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 TECHNICAL SPECIFICATIONS AND STATEMENT OF WORK PART I STATEMENT OF WORK The City of Boca Raton is seeking contracted services to perform landscape maintenance services for the City's Cemetery and Mausoleum. Services are intended on a routine, ongoing basis as specified herein throughout the term of the contract period. Services should be scheduled so that they occur, as much as possible, at equally spaced time intervals during each month. PART II TECHNCIAL SPECIFICATIONS Maps that are provided are for bidders reference only. Maps are attached as Exhibit C herewith and provided to bidders to reflect a drawing or aerial view of areas requiring service. Bidders shall reference map information to identify the parameters of the locations requiring service. 1. Turf Care Maintain turf areas in a healthy, growing, green, trim condition by performing the following operations: 1.1. Mowing general a. Mowing shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. b. Rotary mowers will be used on St. Augustine grass and Bahia Grass. c. All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and the current condition of the turf. Mower blade height adjustment is to be measured from a level floor surface to the parallel and level plane of the mower blade. d. All mower blades shall be sharp enough to cut, rather than to tear grass blades. e. All litter and debris shall be removed from turf before mowing to avoid shredding and/or damage to persons or property by propelled rocks, cans, etc. f. Mowing shall be done carefully so as not to "bark" trees or shrubs, intrude into ground cover beds, damage sodded berms, or cause damage to sprinkler heads, valves, manifolds, time clocks, curbs, or other facilities. Should any of the above listed damage occur, the Contractor will be held financially responsible for replacement or repair. g. Grass clipping or debris caused by mowing will be removed from adjacent walks, drives, gutters and curbs or surfaces on the same day as the turf is mowed. Grass clippings or debris shall be removed in such a way as to not cause drift into roadways or adjacent property. h. Mowing will not be done when weather or conditions will result in damaged turf. i. Berms must be mowed with small trim mowers. Riding mowers or weed eaters will not be permitted on berms. j. The Contractor shall carefully mow around markers and vases that have flowers and/or other objects and complete the area with a String Trimmer. k. Mowers should not be driven directly over or on the markers. I. Mower should be driven in a slow and consistent manner due to inconsistencies in the ground elevation, in order to prevent scalping the turf. 1.2. Mowing Specifics (St. Augustine Grass) a. Grass is never to exceed six (6) inches in height. Never mow lower than three and one half (3 1/2) inches. b. Cemetery and Mausoleum areas must be mowed within a three (3) consecutive day period: Wednesday, Thursday and Friday, year- round. c. A mowing schedule will be provided to the Contractor monthly and will be followed in strict accordance. d. Special attention will be given to all National Holidays to ensure the cemetery is cut and edged two days prior to that holiday. SPECIAL NOTE: MOWING FREQUENCIES MAY BE DECREASED OR INCREASED DUE TO CLIMATIC FACTORS DETERMINED BY THE CITY. 21 of 30 Page 242 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 2. String Trimming, Edging and Blowing a. String Trimming Grass shall be string trimmed during, or as an immediate operation following, mowing. Trimming may be accomplished by hand or hand power shears or rotary nylon "fish line" cutting machines. Grass will be trimmed at the same height as adjacent turf is mowed. Trimmings must be removed from around all obstacles in the turf such as posts, trees, walls, and cement medians. Particular attention will be given to trimming around sprinkler heads and other irrigation system fixtures to assure their proper water delivery function. b. Edging Mechanical edging (vertical trimming) of all turf edges abutting sidewalks, flush paved surfaces including all road curbs, drives, etc., will be done during or as an immediate operation following, mowing. Turf edging at shrub beds, flower beds, ground cover beds, hedges, or around trees (where "edging" rather than "trimming") is directed shall be edged with a manual or mechanical edger to a neat vertical uniform line. Edging is required with each mowing. Dirt and debris produced by edging or trimming will be removed completely from site. Turf will be mechanically edged around all tree rings in lawn areas as directed by City designee. Turf will be mechanically edged approximately ten (10) inches out from the drip line of shrubs and hedges. Option: (Chemical Edging) Chemical application may be used in addition to mechanical edging, to kill weeds and turf in areas such as planters, areas adjacent to buildings, tree rings, fence lines, and cement medians (concrete divider isles). Prior to application of chemicals, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to have no drift. Contractor is responsible for replacement of all damaged sod and other plant material at Contractor's cost. If replacement is not completed within one week of notification, City may replace sod or other plant material and deduct the cost from Contractor's monthly payment application. c. Sting Trimming, Edging and Blowing shall be done during or immediately following mowing within a three (3) consecutive day period: Wednesday, Thursday and Friday, year-round. d. Edging of Flat Ground Level Markers - All flat ground level markers shall be mechanically edged and shall be done with each mowing cycle. All grass and weeds shall be trimmed back at least one (1) inch from all sides of markers. All cuttings and debris will be removed completely from site. All flat markers must be vertically edged by mechanical "blade" method. Rotary nylon line trimmers are not acceptable for marker edging. e. Blowing: Grass clipping or debris caused by mowing, trimming or edging shall be removed from adjacent walks, ground markers, and seating areas on the same day as the turf is mowed. Grass clippings or debris shall be removed in such a way as to not cause drift into roadways, bike paths, canals or adjacent property 3. Shrub Trimming a. Shrubs shall be cut narrower at the top than at the bottom. b. Shrubs must appear orderly and neat at all times. General shrub trimming shall be done once a month. The City reserves the right to increase or decrease the frequency as deemed necessary due to climatic conditions. c. Contractor to remove all clippings from shrub tops, bases and adjacent areas. Remove and dispose off site all shrub cuttings and clippings from the shearing and trimming operations on the same day as operation occurs. Under no circumstances are clippings to go into roadways or walkways. 4. Weed Removal Definition: A weed is defined as any plant that is not desired in a given location as defined by the existing landscape plan. A weed -free condition describes total elimination and removal. A. Weed Removal: 22 of 30 Page 243 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Contractor shall provide weed removal service with each mowing cycle. The City reserves the right to increase or decrease frequencies due to climatic factors as determined by the City's Contract Administrator. Contractor is responsible for keeping all areas weed -free at all times. a. Weeds are to be completely removed from all shrub, hedge, ground cover, gutters, cement, medians, flower beds, tree rings or other pavement, paver block and asphalt areas during the contract period. The entire Cemetery shall remain weed -free at all times using manual or chemical methods. b. Weeds are to be completely eliminated from edges of asphalt and/ or paver block areas, valve boxes, signposts, irrigation equipment and catch basins. c. Any hardscape element shall be immediately repaired or replaced by the Contractor if it is damaged or stained as a result of this service. Damage to other plant material shall be immediately repaired/replaced by the Contractor. d. There shall be no run-off of chemicals into adjacent canals. e. Contractor shall submit all Material Safety Data Sheets (M.S.D.S/S.D.S.) on products to be used for weed -eradication 48 hours in advance. f. Each frequency must commence on schedule and last no more than 3 days per frequency to complete. g. Each frequency is then subject to inspection for compliance. Weekly inspections will be performed and deductions shall be taken for areas found not to be weed -free. Deductions will be taken for incomplete work. h. Weeds may be eliminated manually by hand pulling, scuffle hoeing, etc. i. Weeds may be eliminated by applying a glyphosate -based herbicide (Round -up) in a granular or liquid form or by applying a pre/post emergent. There shall be no evidence of dead weeds. j. Contractor shall supply all chemicals as part of the contract at no additional cost. Contractor should use a one -day weed elimination product for highly visible areas. k. All weed debris is to be removed from the site the same day. B. General Use for Chemicals: a. All work involving the use of chemicals shall be in compliance with all Federal, State and local laws. b. Contractor shall provide M.S.D.S./S.D.S. to the City designee for all proposed chemicals and fertilizers with commercial name, application rates and type of usage 48 hours prior to use. c. Contractor shall notify City of day, time and method of application 48 hours prior to application. Signage shall be applied immediately priorto application in the immediate area of application. Signage to remain in place as dictated by the product label. d. Applicator shall follow all label instructions and precautions and calibrate the spreader or sprayer to the correct rate of application per 1,000 sq. ft. e. Upon completion, the Contractor shall record all pertinent information on the City's chemical use form (see Exhibit D)and immediately forward to the City. (Records must be kept and retained as prescribed by law for the use of fertilizers and chemicals, of all operations stating dates, times, methods of application, chemical formulations, applicators' names and weather conditions). f. Any soil, sod, plants or hardscape damage during the chemical operation by misuse of fertilizer or chemicals shall be removed, repaired and/or replaced by the Contractor at his/her cost immediately. If replacements have not been made within one week after notification, the City may make replacements and deduct the cost of labor and materials from the Contractor's payment. 23 of 30 Page 244 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 g. Contractor to carry at all times materials to cleanup a spill and shall not transport any open containers or spray tanks. h. Vehicular access shall be scheduled and applications are to be performed prior to 11:00 a.m. weekdays only. (No weekend or holiday applications shall be permitted.) Contact City designee to schedule all activities. 5. Mulch The City will provide Mulch to the Contractor at a single site, to be determined. Contractor shall apply mulch as follows: Shredded mulch shall be added to planting beds and tree rings 2 times annually, in May (prior to the Memorial Day weekend) and in late October/early November (prior to the Veterans Day weekend) . Mulch shall be applied two (2) inches thick. Beds shall be clean of weeds when new mulch is applied. Mulch must not contact stems, branches or trunks as this can cause damage to plant material. Mulch shall be kept clear of valve boxes, water meter boxes and other irrigation components. 6. General a. Unless otherwise specified, no maintenance shall be performed on weekends or holidays unless requested in writing and approved in advance by the Contract Administrator. b. Special attention shall be given to specified areas prior to national holidays and holiday weekends to ensure that the City is at its best during these times. Contractor will verify that all required maintenance has been properly performed no more than two days in advance of holidays and holiday weekends. See Exhibit A — City Observed Holidays c. Contractor shall receive schedules each month identifying required dates for semi-annual, monthly or weekly contract services. Contractors are required to follow "State of Florida Manual on Traffic Control and Safe Practices." Contractors are responsible for providing all safety gear, equipment and traffic control devices for maintenance personnel. For identification purposes all maintenance vehicles shall have Contractor name and/ or logo displayed prominently. All staff shall wear shirts with Contractor name and/ or logo prominently displayed; all staff shall wear safety vests and other personal protective equipment as necessitated by task. Contractor staff will be dismissed from site by City personnel if not in compliance. e. Contract Administrator shall inspect contract areas after scheduled maintenance. Failure to provide services as requested in this bid may result in necessary action as outlined in the Special Conditions. f. Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m., Monday through Friday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from City employees should be returned within four (4) business hours. . g. At any time during the contract period, if the City removes trees and/or various shrubs due to storm damage and/or determines to remove trees and/or various shrubs at the discretion of the City for any reason, the Contractor shall maintain the replacement trees and/or shrubs at no additional cost to the City, provided that the maintenance is similar and/or the same to the species that existed prior to replacement. Installation of palms and/or major re -beautification to areas will be done in accordance with Special Condition 5.04 "Modifications/Additions/Deletions of Services". 24 of 30 Page 245 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 EXHIBIT A SUMMARIZED TIME SCHEDULE The City reserves the right to add, delete and/or change the schedule of services listed herein providing advance notification to the Contractor. 11 1 TURF CARE Turf Care I Work to be Performed: Mowing Once a week within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. 2 STRING TRIMMING, EDGING AND BLOWING String Trimming, Edging and Blowing Work to be Performed: String Trimming Grass Once a week within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. Edging Within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. Blowing Once a week within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. Edging of Flat Ground Level Markers Once a week within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. 3 SHRUB TRIMMING Shrub Trimming Work to be Performed: Shrub Trimming Once a month. 4 WEED REMOVAL TO VARIOUS AREAS Weed Removal Work to be Performed: Weed Removal Once a week within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. 115 MULCH 11 Mulch Application Work to be Performed: Mulch Application Mulch provided by City; application two times annually, in May and in October/November. 25 of 30 Page 246 of 1147 EXHIBIT B CITY OBSERVED HOLIDAYS • New Year's Day (January 1 st) • Martin Luther King Jr. Day (31 Monday in January) • President's Day (3rd Monday in February) • Memorial Day (Last Monday in May) • Independence Day (July 4th) Labor Day (1 st Monday in September) • Columbus Day (2nd Monday in October) • Veterans Day (November 11th) • Thanksgiving Day (4th Thursday in November) • Christmas Day (December 25th) Page 247 of 1147 75 D LU I 0 U) D 75 x a) CL E 0 C) C: 0 w H V--- N 00 E E 4-d w H V--- N 00 SECTION P North Buildings P1- TURF AREA P2 - MEDIAN P3 - PODOCARPUS HEDGE P4 -GARDEN, (2) PALM BEDS, (1) STRIP OF GRASS P3 Page 249 of 1147 Page 250 of 1147 V O J Z O H z Q O C1 Q a o a Q m p w 2 m N WLL J O � W LL V J a LU N L O O �U � aE a- CL 4) 0a LU i O 0 �CL ca L Q� IL (D aD a- 0 O J E i O O cC ca O. E O V O d V MQ Z O. Q City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 BIDDER CERTIFICATION FORM (This form must be signed in the presence of a Notary Public) I certify that I am authorized to bind performance of this Bid for the Bidder. I certify that this Bid is made without collusion or fraud. I certify acceptance of the terms, conditions and specifications of this Invitation to Bid. I certify that this Bid submittal is in accordance with the specifications in its entirety and with full understanding of the conditions governing this Bid. Bidder must submit proof that their firm name is registered with their State of origin. Name of Bidder: (Firm Name as Registered with their State of origin) Federal I.D. No.: Above Bidder is: () Corporation () Limited Liability Corporation () Sole Proprietorship () Partnership/Joint Venture Business Address: Street Address : (P.O. Box Address is not permitted) City, State, Zip: Mailing Address: ( ) check if same as Business Address above Street Address: City, State, Zip: Business Phone No: Business Fax No.: Authorized Signer: Name of Authorized Signer: Title of Authorized Signer: President or other Authorized Officer/Member/Manager Email for Authorized Signer: Authorized Written Signature: STATE OF: COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 20 by who is personally known to me (or who has produced as identification). NOTARY PUBLIC SIGNATURE: NOTARY NAME: Commission Number: My Commission Expires: Page 252 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 QUALIFICATION OF BIDDER FORM This Bid shall be awarded only to a Responsive and Responsible Bidder, qualified to provide the work specified and meets or exceeds the qualification requirements listed in Qualification of Bidder Form. The Bidder should submit Qualification of Bidder Form and applicable supplemental documents with their Bid package to be considered responsive in orderforthe City to fully evaluate the Bidder's qualifications. If information is not included, the City reserves the right to solicit Bidder for the submission of this information. Failure by Bidder to provide the omitted information within the specified time frame(s) communicated in writing may result in Bidder's Bid response being considered non-responsive and thereby rejected. Response for each qualification requirement should be submitted by use of the City provided Qualification of Bidder Form. Bidder is responsible for verifying correct phone numbers and contact information. Failure to provide accurate data may result in the reference not being obtained and not considered for evaluation. Name of Bidder: Qualification Requirement No. 1 Bidder shall provide three (3) references for landscape maintenance services (including mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching, for accounts similar in area size and type of facility, satisfactorily completed denoting service description, service area size, dates of contracts, names, addresses and phone numbers of clients (private and/or public entities) within the time range of May 2018 through May 2022. References shall be for prior or ongoing service contracts with at least twelve (12) months continuous service completed. Reference No. 1 Company/Entity Name Address City, State, Zip Contact Name & Title Contact Email Contact Phone No. Dates of Service Period Summary of Services Provided: Confirm this reference was for provision of mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching ❑ Yes ❑ No Page 253 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Reference No. 2 Company/Entity Name Address City, State, Zip Contact Name & Title Contact Email Contact Phone No. Dates of Service Period Summary of Services Provided: Confirm this reference was for provision mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching ❑ Yes ❑ No Reference No. 3 Company/Entity Name Address City, State, Zip Contact Name & Title Contact Email Contact Phone No. Dates of Service Period Summary of Services Provided: Confirm this reference was for provision of mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching ❑ Yes ❑ No Page 254 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Qualification Requirement No. 2 Bidder shall have a minimum of one person employed with their firm or subcontracted and assigned to this Contract that has a current State of Florida Certified Pesticide Applicator's License to perform Chemical Pest Control Services. Bidder to submit a copy of the individual's certification as part of Bidder's Bid response. Named individual on Certificate: Confirm certification provided as an Attachment to the Bidder Qualification submittal: ❑ Yes ❑ No Qualification Requirement No. 3 The City will not award a Bid to any Bidder who cannot provide evidence that their Firm Name identified on the "Bidder Certification" form has been in business for a minimum of one (1) year, excluding any affiliate or parent companies. Evidence of a minimum of one (1) year shall be verified in accordance with filing date by the State of Florida or the Firm's State of Origin of Bidder's firm. Bidder to indicate number of years their firm has been in business: Bidder to submit proof for years their firm has been in business as an attachment. Bidder to confirm attachment is submitted Yes ❑ No ❑ Page 255 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 QUESTIONNAIRE Name of Bidder: 1. Name of individual to contact with questions regarding Bid submittal: Name/Title: Phone: Email: 2. Contact person for Insurance Certificate: Name Phone: Email: 3. Contact person for Accounts Receivable and is authorized to validate and provide banking information if requested by City of Boca Raton Treasurer or their designee: Name Title Phone: Email: 4. Bidder must have an office phone number, Cell number and Email address where staff can be contacted Monday through Friday between the hours of 7:00 a.m. — 5:00 p.m. Staff listed should include, owner, supervisors, office staff, etc. Contact Name Office Phone Cell Phone Email Address 5. Bidder to list their equipment to be used. The equipment list shall be up-to-date and include brands, model numbers and age of equipment. 6. List the specific number of workforce and their titles to be assigned to this contract. Page 256 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 7. Bidder to provide physical address of where vendor stores equipment (i.e.: Trucks, Mowers, Lawn equipment, etc.) Page 257 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 SCHEDULE OF SUBCONTRACTORS PARTICIPATION Name of Bidder: It is the intention of this Bid that the Bidder does not subcontract any work as detailed in the Special Conditions, Item 3.05. However, if a Bidder must subcontract, subcontracting is ONLY permitted for the following services: Chemical Pest Control. Bidder to identify each subcontractor that will be performing any portion of the work, for any reason. Bidder to submit this information with their Bid response using the City form or a separate form that provides at a minimum the information detailed herein. Name of Subcontractor: Address, City, State, Zip: Phone / website address: Type of work to be performed: Amount of work to be performed: Why is a subcontractor necessary? Name of Subcontractor: Address, City, State, Zip: Phone / website address: Type of work to be performed: Amount of work to be performed: Why is a subcontractor necessary? Name of Subcontractor: Address, City, State, Zip: Phone / website address: Type of work to be performed: Amount of work to be performed: Page 258 of 1147 Why is a subcontractor necessary? Name of Subcontractor: Address, City, State, Zip: Phone / website address: Type of work to be performed: Amount of work to be performed: Why is a subcontractor necessary? Page 259 of 1147 11 DRUG-FREE WORKPLACE FORM 11 The undersigned Bidder (vendor) in accordance with Florida Statute 287.087 hereby certifies does: (Name of Business/Bidder) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. 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 this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature of Bidder Name Printed Date Page 260 of 1147 2022-027 Landscape Maintenance for Cemetery and Mausoleum Part III Bid Response - Pricing Form and Rates Bidders are directed to the Method of Award Language in the Special Conditions for requirements related to the line items/groups that are or are not required to be bid on. Bidders prices shall reflect ALL the terms, conditions and specifications noted in this bid for all areas. With the exception of the shaded boxes, bidder must bid on all items/boxes in each of the areas to be considered. Failure to bid all items shall cause bidder's bid to be considered non-responsive and thereby rejected. Bidders are encouraged to submit prices of a monetary amount of $0.00 or higher. If bidder submits a monetary amount of $0.00, such $0.00 bid price shall mean "No charge to the City". Reference of any other words for item(s) such as, but not limited to "Not Applicable", "No Bid", "NIX, "Included" SHALL NOT BE ACCEPTED and bidder's bid response will be rejected. AREA LOCATION Mowing StringEdging Trimming Edging Blowing of Flat Ground Level Markers Shrub Trimming Weed Removal Mulch Application CEMETERY unit price unit price unit price unit price unit price unit price unit price unit price A. SECTION A B. SECTION B C. SECTION C D. SECTION D E. SECTION E (SEE 01.) T SECTION E (SEE 02.) G. SECTION G H. SECTION H I. SECTION I J. SECTION J A. SECTION A K. COMMON AREAS L. SUB TOTAL i $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.00 M. ESTIMATED ANNUAL QTY 52 52 52 52 52 12 52 2 N. TOTAL PER TASK FOR CEMETERY (L X M) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MAUSOLEUM O. MAIN COMPLEX 01. SECTION E 02. SECTION F P. NORTH BUILDINGS P1. TURF AREA P2. MEDIAN (Tibouchina & Ixora) P3. PODOCARPUS HEDGE P4. TWO WEEPING HIBISCUS, BED & STRIP OF GRASS Q. SUB TOTAL 1 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.00 R. ESTIMATED ANNUAL QTY 1 52 1 52 1 52 1 5252 12 52 2 S. TOTAL PER TASK FOR MAUSOLEUM Q X R $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 11 GRAND TOTAL (Add all totals for ROW N and S): 11 Company Name: Date: Page 261 of 1147 CITY OF .soca baton June 22, 2022 PURCHASING DIVISION 201 WEST PALMETTO PARK ROAD • BOCA RATON, FL 33432 PHONE (561) 393-7871 (FOR HEARING IMPAIRED) TDD (561) 367-7043 www.myboca.us Addendum No. 1 Bid No. 2022-007 Landscape Maintenance for Cemetery and Mausoleum The following Addendum items are amendments to the original Bid document and shall be considered as an integral part of said Bid document and bindings thereon as if bound therein. All items of the Bid document shall remain intact unless amended by this addendum. Addendum No.1 is one (1) page and includes no attachments. This addendum serves as notice of the following change(s). Changes are as denoted by use of underline (additions) and strikeout (deletion). PART I TERMS CONDITIONS AND SPECIFICATIONS, SPECIAL CONDITIONS, PART I INSTRUCTIONS TO BIDDERS: A. Amend fourth paragraph, item 1.01, INSTRUCTIONS TO BIDDERS Due date and time for Bid response: Bid shall be received prior to 3:00 p.m. local time (Boca Raton, FL) on une 22 2022 July 5, 2022. Robin Annexstein Buyer Bidder to acknowledge this addendum by completing the section below and submission of this form with their Bid document. Company Name: / Signed: STAY CONNECTED 91 13 - AN EQUAL OPPORTUNITY EMPLOYER - Page 262 of 1147 June 22, 2022 PURCHASING DIVISION 201 WEST PALMETTO PARK ROAD - BOCA RATON, FL 33432 PHONE (561) 393-7871 (FOR HEARING IMPAIRED) TDD (561) 367-7043 www.myboca.us Addendum No.1 Bid No. 2022-007 The following Addendum items are amendments to the original Bid document and shall be considered as an integral part of said Bid document and bindings thereon as if bound therein. All items of the Bid document shall remain intact unless amended by this addendum. Addendum No.1 is one (1) page and includes no attachments. This addendum serves as notice of the following change(s). Changes are as denoted by use of underline (additions) and strikeout (deletion). A. Amend fourth paragraph, item 1.01, INSTRUCTIONS TO BIDDERS Due date and time for Bid response: Bid shall be received prior to 3:00 p.m. local time (Boca Raton, FL) on Juma-22r2-022-jutV 5, 2022. Robin Annexstein Buyer Bidder to acknowledge this addendum by completing the section below and submission of this form with their Bid document. Company Name: Partnership Landscaping Signed: STAY CONNECTED ffl D @ - AN EQUAL OPPORTUNITY EMPLOYER - Page 263 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 BIDDER CERTIFICATION FORM (chis foram must be signed in the presence of a Notary Public) I certify that I am authorized to bind performance of this Bid for the Bidder, II certify that this Bid is made without collusion or fraud. I certify acceptance of the terms, conditions and specifications of this invitation to Bid, i certify that this Bid submittal is in accordance with the specifications in lits entirety and with full understanding of the conditions governing this Bid. *Bidder must submit proof that their firm name is registered with their State of origin, *Name of Bidder: Partnership Landscaping (Firm Name as Reg istered_'_w"h"h' their Stateof origin') Federal I.D. No.: 30-0992212 Above Bidder is: (X?!) Corporation Sole Proprietorship Business Address - Street Address: 1351 Wyndcliff Dr (P.O. Box Address is City, State, Zip: Wellington, F� 33414 ___ _ . ........ . . . . ...... . . ......... . .. Limited Liability Corporation () Partnership/Joint Venture Mmailiq_q Address: check if same as Business Address above Street Address: 11924 Forrest Hill Blvd STE 1OA- #371 Business Phone No: 561-371-4468 Business Fax No.: Authorized Signer. Name of Authorized Signer: Title of Authorized Signer President or other Authorized Officer/Member/Nfanager Email for Authorized Signer: Jesus Lizanio info@partnershiipllandscaping,com Authorized Written Signature: - --------- STATE OF, Florid 11 a COUNTY OF K�m Beach The foregoing instrument was acknowledged bqfbre me by means of Yes physical presence oronline notarization this 28 dray of June 2022 , by Jesus Lzana who ispersonall known to me (or who has FLDL as iderw&afion), Y NOTARY PUBJAC SIGNATURE: NOTARY NAMF: kr'o /e. - 1 1 5h Commission Number: 6 6-,2 ; 3 / ,� 7 My Commission Expires: 54PIeo-jj.,'- 3" "a"Pzz— NICOLE H. SHERAESH My COMMISION # GG 263139 EXPIRES: September 30, 2022 ®' Bonded Thru Notary Public Underwriters Page 264 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 QUALIFICATION OF BIDDER FORM This Bid shall be awarded only to a Responsive and Responsible Bidder, qualified to provide the work specified and meets or exceeds the qualification requirements listed in Qualification of Bidder Form. The Bidder should submit Qualification of Bidder Form and applicable supplemental documents with their Bid package to be considered responsive in orderforthe City to fully evaluate the Bidder's qualifications. If information is not included, the City reserves the right to solicit Bidder for the submission of this information. Failure by Bidder to provide the omitted information within the specified time frame(s) communicated in writing may result in Bidder's Bid response being considered non-responsive and thereby rejected. Response for each qualification requirement should be submitted by use of the City provided Qualification of Bidder Form. Bidder is responsible for verifying correct phone numbers and contact information. Failure to provide accurate data may result in the reference not being obtained and not considered for evaluation. Name of Bidder: Partnership Landscaping Qualification Requirement No. 1 Bidder shall provide three (3) references for landscape maintenance services (including mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching, for accounts similar in area size and type of facility, satisfactorily completed denoting service description, service area size, dates of contracts, names, addresses and phone numbers of clients (private and/or public entities) within the time range of May 2018 through May 2022. References shall be for prior or ongoing service contracts with at least twelve (12) months continuous service completed. Reference No. 1 Company/Entity Name Address City, State, Zip Contact Name & Title Contact Email Contact Phone No. Dates of Service Period Summary of Services Provided Triple Crown Property Mgt 11498 Pierson Fid C-13 Wellington, FI 33414 � r0pe Mgr'..w ... triplecrownphil@gmail.com Jan201&Current Property maintenance, landscape and irrigation installations, modifications, etc Confirm this reference was for provision of mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching Yes El No Page 265 of 1147 Uity of B I oca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Company/Entity Name Address City, State, Zip Contact Name & Title Contact Email Contact Phone No. Dates of Service Period AKIN 927 west Lantana Rd Lantana, 171 33462 m Moss- Property MGR Summary of Services Provided: Full landscape services from property maintenance to landscape & irrigation installations, and modifications Confirm this reference was for provision mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching ■ Reference No. 3 Company/Entity Name Jones Awning Address127 NW 16th_Street..........v.,..�.__.........M�_..�.�.�..w.. ...�......�.........� ........., w........w_�w_....._............_�_._.,.. City, State, Zip Pompano Beach, FL 3306Q........ ,. _.. _...M.......__............M............ .....w w.._ .. Contact Name & Title Jeff- Owner Contact Email Contact Phone No. _ 561-402-6420�M.. . ..w�...a.... M.....w.w....� _. _. ......w.. .... . _..._.......w_...............�.��..._ Dates of Service Period ......._._..........._............wv.....M........_w..._..........._r........w............._....M�.w�.._�.... May 2017....Current Summary of Services Provided. Full landscape services from property maintenance to landscape &irrigation installations, and modifications Confirm this reference was for provision of mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching Yes ❑ No Page 266 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Qualification Requirement No. 2 Bidder shall have a minimum of one person employed with their firm or subcontracted and assigned to this Contract that has a current State of Florida Certified Pesticide Applicator's License to perform Chemical Pest Control Services. Bidder to submit a copy of the individual's certification as part of Bidder's Bid response. Named individual on Certificate: Luke Lewis Confirm certification provided as an Attachment to the Bidder Qualification submittal: *Yes EINo Qualification Requirement No, 3 The City will not award a Bid to any Bidder who cannot provide evidence that their Firm Name identified on the "Bidder Certification" form has been in business for a minimum of one (1) year, excluding any affiliate or parent companies. Evidence of a rninimurn of one (1) year shall be verified in accordance with filing date by the State of Florida or the Firm's State of Origin of Bidder's firm. Bidder to indicate number of years their firm has been in business: 5 Bidder to submit proof for years their firm has been in business as an attachment. Bidder to confirm attachment is submitted Yes *, No Cl Page 267 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 QUESTIONNAIRE Name of Bidder: Partnership Landscaping 1Name of individual to contact with questions regarding Bid submittal: Name/Title: DavioBereLky/MGRM 0 is a Contact person for Insurance Certificate: Name Jesse Lizano Phone: 561-371-4468 Email: davepartnershiplandscaping.com Contact person for accounts Receivable and is authorized to validate and provide banking information if requested by City of Boca Raton Treasurer or their designee: Name Jesse Lizano Title Owner Phone. 5 i-371-4468 Email: inifo@partnershiplandscaping.com Bidder must have an office phone number, Cell number and Email address where staff can be contacted Monday through Friday between the hours of 7:00 a.m. — 5:00 p.m. Staff listed should include, owner, supervisors, office staff, etc. 5. Bidder to list their equipment to be used. The equipment list shall be up-to-date and include brands, model numbers and age of equipment. j............ ,....-_........� .,� ........_.-.�www.ww..� . 6. List the specific number of workforce and their titles to be assigned to this contract. 1 Foreman .-........__.............�...,mmm..__.........,........... 4 technicians ..� sup . ........... .. �..._...... ........_.�.....w. .W�w_��w _...._,MM......vv_................ .�............. .�....�.�_........__�._w- Page 268 of 1147 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 ............... 7. Bidder to provide physical address of where vendor stores equipment (i.e.: Trucks, Mowers, Lawn equipment, etc.) 1351 Wyndcliff Road, Wellington Florida 33414 Page 269 of 1147 City of Boca Raton Landscape r ; It is the intention of this Bid that the Bidder does not subcontract any work as detailed in the Special subcontractingItem 3.05. However, if a Bidder must subcontract, services: Chemical Pest Control. Bidder to identify each subcontractor that will be performing any portion of the work, for any reason. Bidder to the information detailed herein. Name of Subcontractor: Native Pest Mgt 731 Vista Pkwy Unit D5, FL Address, City, State, Zip: ......._.�...M.�..�._w__...0 �..�.,....�.�........�.�.._._.........�._v_...i..M�._._.�..w�_.._.�._..���_..,�� ... 1 1 Phone / website address: 561-581-8098/ netivepestmanagement.com Type of work to be performed: est Control �..� ._vww.M��..........�.�_.__..� Amount of work to be performed:as needed per contract._ _ x.... p._._.... �_.w..... ............... __.km M__............._www..._......M........_.............. Why is a subcontractor necessary? , ww icensed....__.._........... www�w�................w.............._.._......._�....�........._ Name of Subcontractor: Address, City, State, Zi Phone / website address: Type of work to be performed: Page 270 of 1147 Why isosubcontractor necessary? Name of Subcontractor: Address, Cky, State, Zip:,.___, Phone / website address: ___ Type of work to be performed: Amount ofwork tobeperformed: Why ismsubcontractor necessary? Page 271 of 1147 DRUG�FmREE WORKPLACE FO - RM The undersigned Bidder (vendor) in accordance with Florida Statute 287.087 hereby certifies Partnership Landscaping .w......w.. _.... .... M.w..., wwk..._MM.._w.._.....__ _ ._w._....... ._. does: (Name of Business/Bidder) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. 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 this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Q, ._ .:__... .. ...mw.__ .w...__.__...__.. / .Jesse L IZa n O Sna Bfde Printed ._.,.._. w_ ._........_..vww_.............._..__....ww....... 6/28/2022 Date Page 272 of 1147 APPLICATION FOR REGISTRATION OF FICTITIOUS NAME REGISTRATION# G21000125623 Fictitious Name to be Registered: PARTNERSHIP LANDSCAPING Mailing Address of Business: 11924 FOREST HILL BLVD STE 10A-#371 WELLINGTON, FL 33414 Florida County of Principal Place of Business: MULTIPLE FEI Number: 30-0992212 Owner(s) of Fictitious Name: ELITE LANDSCAPING SERVICES INC 11924 FOREST HILL BLVD STE 10A-#371 WELLINGTON, FL 33414 Florida Document Number: P17000048312 FEI Number: 30-0992212 FILED Sep 21, 2021 Secretary of State I the undersigned, being an owner in the above fictitious name, certify that the information indicated on this form is true and accurate. I further certify that the fictitious name to be registered has been advertised at least once in a newspaper as defined in Chapter 50, Florida Statutes, in the county where the principal place of business is located. I understand that the electronic signature below shall have the same legal effect as if made under oath and I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s. 817.155, Florida Statutes. JESUS LIZANO JR. Electronic Signatures) Certificate of Status Requested (X) 09/21/2021 Date Certified Copy Requested (X) Page 273 of 1147 F., W-9 4ROY, oclob'W201p) 00pannx,nt e, tie, Trvasury arNaearitkCRAW0611U4 SMV�0' Request for Taxpayer Identification Number and Certification 0' 00 t* —ars,90VIF—W9 fair ihstruetions and the latest itiolointriation. Give Form to the requester. Do not send to the IRS. I Name (as shown On Your t0conno tax return; Name m requred on this tlne; do not leave the hno blask lite L n t� .!,aA apj9g, Services Inc DBA Partnership La Endscap ng �abo—ve 2 ausoless 1-f-ro-m --- ------ �Partnershtp ctwc-k appropnAte box tor tedars "U Olzmsifirooan of the pemor, whose narnL, is entered On fine 1. Check orgy one of the foNowing st-een boxes, 4 Exemptjons (, co es Agpoty onty to CL t 1-01taM ern"bes. not mckulduals; see or C C-Pofar,�On S Cuperation Ll pvtnanitq,v.Tr"'weswe n tnictans on poqe3l„ Ungfe'rrwtor' LLC 0 —, Ekanipt pay m� codi, (,taytp Umitedliabihtycornpany, Enter the tax b. i7ostooratmr p.Parma;-rh,,;* 0,.- 0 note., cneck ftappropn3.11, box in the �Pmacoqofcrthe ofho 7 ,no LLC if V* L LC �s C�MzdiGd No, a singlo-member LLC thol �s &snLVArded from the �e_rnomber QVVner. 0") rol che6k Fxf=PtJw, from FAT(A reporung =ottwr LLC In= �s rwt disrocaraed trom Iha owner ter US fod" Ux pjxp, owner unless'" owner. c� Iv, LLC m 0. sup& C"*rwisg� a U01;4-Mernber LLI," tot 'C' 'do) Of 41170 , ge dAnfogwdo'd from the owl "V' 0%OutAl Cherk the apprrpriale box for ,he tax cjosorficat= cl its ovow. UL -- ........ ,S Address (nunner"r, Wet Alst. or sufte no,) 3. ' .... ..... .. Requester's naT* and a d dres s (o I ptwor I tafp &11824 Forest Hill Blvd STE10A-#371 6 C%tmlzl. and ZZIP code Wellington, FL 33414, Ide"fication N Enter your T1114 in the appTopinate box, The TIN provided must match VV n.a �Von on ti e I to 0� backup wdftholdinq. r me 9 n a., , d -or 4'ldmdualsn this is, genorxly socid security your number �'SSN)' However. for a rewd,irrit awn, sole prapr*tisr, of entifies, il is your 1L Stogardnd PhtitY 5" Ciao ifiStfUCtOns for Part 1. tater, For Other rmpivyev Q;�;" I "doritfication �Eifij' it you CIO not haw a nurnber, see NOW to jet a TIN, later. or Note: If the acceun't to 411 'note than one name, too the instructions for Brie I � Also see What Nance and I y I unctiew Nwnbier To Gi',I& the ROq-005t0r for gwdoines on who number to "ter, 3 0 01 9 9T2 2 17 F TF2 underpenalties of perjury. I ceddy th&' 1, The number showmjn on this form is my correct taxpayer dentification number (or I am wa,4tntl for a number to be issued to atom and 2..I am 1101 sublitct 10 backup wiftolding becaus, o (0)1 am exempt from backup withhaidvng, or ityl I have not beer, notMed by the intemal Revenue Service (IR) that, I am supk trct to backup Vvithho4ding as, a resift of a fgsjuro tO report all tnt0tirst Of dovkdonds, or (c) the IRS etas nelffied , that , am no longer subject to backup withholdmg; and MIL 3, 1 afn a U.S. C62en or other U.S. person (definqd bftw): and 4. TIw FATCA code(s) Ontered ort trail,,; form (if any) atcycatmg that I am exempt from FATCA reportng is corrocL Certification faro structions. rota must crow out Aern 2 were J you have been nobfmd by the AS that ,rover are celrrently subject to backup mthholding because you have utod to rep on Ij Y11.101,019 -and dmderidserr Your tax return, For real estate transactions, tlem, 2 dm not apply. For tnortqajb interest paid, *CqwVt*n Or abandonment of secured property, cancajlatitin of derg,,continbulians to an mdw4vat rettroment azaagerK 11t Oacrd oftr Wan intvstit and dMoerkds, You are not Pronfived 10!*cin the cemCcMort, but You must provide y0ir co4nect TIN See the rrv^txaactsOr s for port 11, later, He Signature of re U.S. parson No Date 0 0610242022 General Instructions Form 1099-01V (dvkdends, mocluding tywsis from stocks of mutual Section references Fez to the ltteriej Rovenue Coduan funds) noted jess ot'pdrwlse o Form 1099�NIISC (various types of inconv, prx20s, awards, of gross Proceeds) Future develcipmerft, Foe ft� latest mformavon about devotopments; - Form 1099,8 (stock of mutuo; fwld SWos, and CWahlk other mPwod to Form W 9 and its instructions, wch as logislation enacted transactions by brokors) after they were pubbsted, q0 to mvw.ifs.,wx,,1FcrmV*1g, - Form 10",S (Pracoeds front read estate tfwsamens) Purpose of Fonn - Form 10119, K (merchant card and third party Aotwontran&artaons) An tndi'ocJuW or 0"Aity (Foran W -a veho �s rexpj�rrtd to fik, airy# Form "8 (horte 4nfioreg'$, 108-E 1ptuderA �aatj Injor sj), infaffnation fa`utr'r Vitit,' teteIRS artist st�t;en your1-T ftumon� , r Correct taxpayer 098 dentiftcahon number ('k N) wtuch may be. your $Octal security framber - Form 1099-C (cancotoci debt) fSSN), indtAdw2l taxpayer identification number (ITIN), adoption taxpayer dentlicatkon marnbor (ATIN), or employer tefentificatton number - Form 1099-A (acauistuon or abandonment of scoured property) (EIN), to report On art Mforn"tation return the amount paid to you. or other Use Form W 9 only, of you are a U.& person (mcludmq a eaotdont ornriunt reportable on an tnfOrmatlon return. Examptes of 4hformation aherk),. to provkdo your correct Tnj fettitris in6ude but are hot Iirnftod to, the follow ing. ffyou do not return frcmq W-9 to the requester m1h as TIJV, you tnjght • Form 1099-fNT finterest aar',nod or paid] be subiocr to backup ivithhDIding, SO)v What m backup w4hholdmg, talor. C 1 "J.5 3 t X Form W-9 Ra,,, I71_ 0 I 8a David Beretsky <dave@partnershiplandscaping,com> TO: Jesse Lizano <info@partnershiplandscaping.com> Fri, Jun 3, 2022 at 7:26 AM Page 274 of 1147 2022-027 Landscape Maintenance for Cemetery and Mausoleum Part III Bid Response - Pricing Form and Rates Bidders are directed to the Method of Award Language in the Special Conditions for requirements related to the line items/groups that are or are not required to be bid on. Bidders prices shall reflect ALL the terms, conditions and specifications noted in this bid for all areas. With the exception of the shaded boxes, bidder must bid on all items/boxes in each of the areas to be considered. Failure to bid all items shall cause bidder's bid to be considered non-responsive and thereby rejected. Bidders are encouraged to submit prices of a monetary amount of $0.00 or higher. If bidder submits a monetary amount of $0.00, such $0.00 bid price shall mean "No charge to the City". Reference of any other words for item(s) such as, but not limited to "Not Applicable", "No Bid", "NIX, "Included" SHALL NOT BE ACCEPTED and bidder's bid response will be rejected. AREA LOCATION Mowing StringEdging Trimming Edging Blowing of Flat Ground Level Markers Shrub Trimming Weed Removal Mulch Application CEMETERY unit price unit price unit price unit price unit price unit price unit price unit price A. SECTION A $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 B. SECTION B $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 C. SECTION C $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 D. SECTION D E. SECTION E (SEE 01.) T SECTION E (SEE 02.) G. SECTION G $38.00 $38.00 $0.00 $0.00 $0.00 $0.00 $12.00 $12.00 $18.00 $18.00 $48.00 $48.00 $12.00 $12.00 $35.00 $35.00 H. SECTION H $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 I. SECTION 1 $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 J. SECTION J $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 A. SECTION A $38.00 $0.00 $0.00 $12.00 $36.001 $48.00 $12.00 $35.00 K. COMMON AREAS $38.00 $0.00 $0.00 $12.00 52 1 $48.00 $12.00 $65.00 S. TOTAL PER TASK FOR MAUSOLEUM Q X R $8,320.00 $0.00 $0.00 $3,328.00 $1,872.00 $4,920.00 $4,992.00 $640.00 L. SUB TOTAL $380.00 $0.00 $0.00 $120.00 $144.00 $480.00 $120.00 1380.00 M. ESTIMATED ANNUAL QTY 52 52 52 52 52 12 52 2 N. TOTAL PER TASK FOR CEMETERY (L X M) $19,760.001 $0.00 $0.00 $6,240.00 $7,488.001 $5,760.00 $6,240.00 $760.00 MAUSOLEUM O. MAIN COMPLEX $15.00 $0.00 $0.00 $8.00 $60.00 $12.00 $35.00 01. SECTION E $30.00 $0.00 $0.00 $8.00 $18.00 $25.00 $12.00 $35.00 02. SECTION F $30.00 $0.00 $0.00 $8.00 $18.00 $25.00 $12.00 $35.00 P. NORTH BUILDINGS $15.00 $0.00 $0.00 $8.00 $30.00 $12.00 $35.00 P1. TURF AREA $20.00 $0.00 $0.00 $8.00 $20.00 $12.00 $35.00 P2. MEDIAN (Tibouchina & Ixora) $15.00 $0.00 $0.00 $8.00 $40.00 $12.00 $35.00 P3. PODOCARPUS HEDGE 1 $20.001 $0.001 $0.00 $8.00 $150.00j $12.001 $75.00 P4. TWO WEEPING HIBISCUS, BED & STRIP OF GRASS $15.00 $0.00 $0.00 $8.00 $60.00 $12.00 $35.00 Q. SUB TOTAL 1 $160.001 $0.001 $0.001 $64.001 $36.001 $410.001 $96.001 $320.00 R. ESTIMATED ANNUAL QTY 1 52 1 52 1 52 1 52 1 52 1 12 52 2 S. TOTAL PER TASK FOR MAUSOLEUM Q X R $8,320.00 $0.00 $0.00 $3,328.00 $1,872.00 $4,920.00 $4,992.00 $640.00 11 GRAND TOTAL (Add all totals for ROW N and S): $70,320.00 11 Company Name: PARTNERSHIP LANDSCAPING Date: 7/3/2022 Page 275 of 1147 E ok"y Cdurro9,wna Ckrmaa Fm—d 8/2/2017 CERTIFICATE OF LIABILITY INSURANCE aIMI ., 7/6/2b22� CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND DR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMP0RI'AN7'. If IN. cortlieafa heldor is an ADDITUONAL INSURED. the PalYcy(iea) ..at have ADDITIONAL INSURED provisions or be endorsed. R SUBROGATION IS WAIVED, subject to the forms and conditions of the poNcy, coria Mx peflOas may require an endorsonient. A Matnmant an this oerUacan, doe% not c.onter rights to the cerikE4c:ate badder hx lieu of such eudorsomon401.. rrYoeuortwe DEEDRACPARLININSURANCE. C0M1 Par11n 2naurnnca Agency rvrraP (239y263-3141 u,�;..,M,,,,➢.,,,,,(299)263-865 24 520 Production Cir_ Suite 4 Bonita SPringa, BL 34135 Agmtii....................................................................................................................................................................... I,,,, WESTERN WORLD INS CO C/O ,IIRCOR DBA GREENTECH PEST 6 FERTILIZATION 4300 S. JOG RD. , UNIT 541252 LAKE WORTH. FL 33449 ..7....,..,.. 1'u60., .n....._.,.._..,, ....OT 0, To;'a E.E9!dTY"V S'Y^IAT Ttl°FR &Po"M VC:?&:.d 6,01 M^0, V„1HANP.F ...,.r, .,.....,.w . ................ V V ^TFD ELV..aUNY I6h4"P VaF,EN L,. 75 70 ,,,,,.», ,,,..,,.,,,�,,, T'V^ I OtZS' RCD _.,,,.,....,,.,.,,,., ,,,,,..,w...,...»n, ..,.._.,......,. NAMYTD WIT e�"5 "16id" F(„7u.ICY FCPVbD fN4wtlC.h M'N N'OINVFtl'Ii",'r`(ANDING ANY 0�tlk:'rAIW4EM0EN1, TW�.➢�RiM OR $'Ie"U,NDIl ICNN 0& ANY CNV"I'TTAd°."Y` X": R OWE DOC;t.4MCRI' 4'°. im 6'+CLRw6^ ci To WMtivci. 'k'PMP,s ChY.WIFIC';A"Yt;; MAY BE ISS IED OR MAY P ERIAMt H L INSURANCE AM'4ORUED BY 'HxE P"OUCIIE,S DE.vk RiPED HEREIN IS f±NyEJEC.P "I YJ AM 'TIC, TERMS, EKCl U nICmU�S .Advfd G(CJC9PYEONS OF SUCH IIDLUC CS I.,uP.ATT53 SHCYWti'N iv1AY A°dAV'E Bt�tl'P'd RI:E�'YIUC„IED BY P/4E}' CLAWS Ar�XJC—OWAFWW Y"!PC of saremaANre GFWR&LXAPAI.Gr'Y —Cy w .1. W[Mltl'W Ir4"k't l"lf4%a4i41;:0Wf`M 5X500,OOb eams'.NarvDc crr'�rc;rwa NPP8718946 xrasr'aaaca a„'a NAaUx] qIw'+Cry w 'y 100,ODD e4�,D FYa� ew., ,xw 5,ODp M1'ITS ARL* AS OE CEPTION DATE, mEr'aDunmw. s AE',A IW10111^ 'S 50¢5,000 ^AIOns",cIL, AHLfc.11fl na+ww.ALS PER ew,-aw RA nrxrluneel 81,000,000 w^MIu.It„:r Olwi.C)r �!.CK,: P+t0.'C'�mlm.r"rs r'�rc.'NgwAA'+Am^tic,; S. INCLUDED ;v /C'r1CR 0""" "Y iTYv ¢nlmWSmrN.^ $' Wk01 Y IN. URV' O'mewErvrmcJ T Aar1'A111 rAMIM A:Yd41NJ{M°.N ,n ,Tw r,Iw m m” „ 11maRvr „ , wnwYrr+CD eEYrtF�i f:MYV AEmf°, MA &'^Alyd'SEGM IOaRe4'k'(F,I✓,IUNNuvAmm'it) !i 9Wr z IDM'aak4LA 1,1A1 AnK:M1.'SlmleefrMKYE 'A A"FYP'u.Y'V,'4Au '4 .11".11e,rta '.. C"l LIM.b Lm r ND fIE'',;: PLP4rl4'DN T $ WpPoK"110-r a'sn, 5 A'E,NP'P` V9 . emu TNV 0 "A'u.�A c- YIN L Enna 4r w r'uxfl'.r l,rr vl. NPA LV. IIY CHA"AXKPV E QNa11nNWY rY N/h .. L L. 'XSEAAT EA II�M1Jd'aY °1`tfM 5 m n INF*C"A34;N dYT'P"6GM r14:'W15 9wP:vmi flCFd^MIIX"K. 6:A.. D'SPN^JE !4 V'Ir1k5�PMTigw tlF rFVaKKnTtpwlY i ¢,nc Arwawa / vf!YWicena W G'eYVpl'Y iWt. MUJtmurvav 1'44MdA'MG 1rrb,mUr,Oa. wr+'y Cie aW.Nuwep U em+urm speer Aa rcarYwlrwpp LANDSCAPE GARDENING E LAWN PESTICIDE APPLICATION BUSINESS ADDRESS: $760 NICHLAR DRIVE ,.. WAKE WORTH, EL 33444 CERTIFICATE HOLDER CANCELLATION C17Y OF SOCA RATON 201 W. PALMETTO PARK RD, SHOULD ANY OF THE ABOVE. DF%CRIBED PC460F..S BE CANCEI..4.ED SEFORF. BDCA RATCIN, 6L 3:14321 TWE EXPIRATION DATE. 'THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WI'T'04'T'HE POLICY PR OVItHONa. AUTYriSaYY1?e WePak YYY!w'Y'A'E'iVp ----- DERM PARLIN IM 1988-2819 ACORD CORPORATION. All rights reserved. ACORD 26 G2916103y The ACORD native and logo aro registered marks,' of ACORD ANNE M. GANNON CONSTITUTIONAL TAX COLLECTOR sI Mg e.rv* P4tM Beach County ..eWIM IMI WA 0 1 AE This document is valid only when receipted by the From: Annexstein, Robin To: info((Ipartnershi lap ndscapina.com Subject: City of Boca Raton Compliance Follow-up ITB 2022-007 Landscape Maintenance for Cemetery and Mausoleum Date: Wednesday, July 6, 2022 12:45:00 PM Good afternoon Mr. Lizano. The bid response for 2022-007 Landscape Maintenance for Cemetery and Mausoleum is under review. The following must be addressed for the City to complete its review. Submittal is requested by 5:00pm, July 8, 2022. Documents can be submitted by reply email. Failure to submit the necessary documents may result in your bid response being considered nonresponsive. 1. Your response to Part II Qualification Requirement No. 2 indicated certification for Luke Lewis was attached, but I was unable to locate. Please submit copy of individual's certification. 2. Submit a copy of your business tax receipt or proof of exemption (not W-9). Although this is required prior to award, if you are able, please submit as part of this compliance follow-up. Feel free to contact me if you need clarification. Thanks. Regards, Rob i esi III � : i I 11p,e r 111111 Ci°iity of III'I3oca III'totoin, III' mrmoormm;iidn Services - III'4wirn,llhasiiiing Ilitiii i°iiWsmoinu 0 � i,:hnell:u1 eek Ro,O 5rw.� A/): P 561-393-7880 1 annex ten,.{r�.m,yboca.us Page 278 of 1147 4m. QooCp�t� PURCHASING DIVISION CITY OF 201 WEST PALMETTO PARK ROAD • BOCA RATON, FL 33432 Boca Raton PHONE (561) 367-7871 ~-• (FOR HEARING IMPAIRED) TDD (561) 367-7043 �n www.myboca.us August 15, 2022 Mr. Jesus Lizano, Owner Elite Landscaping Services Inc. dba Partnership Landscaping 1351 Wyndcliff Drive Wellington, FL 33414 Email: info(c)_partnershiplandscaping.com Subject: Notice of Award: 2022-007 Landscape Maintenance for Cemetery and Mausoleum Dear Mr. Lizano: You are hereby notified that your firm "Elite Landscaping Services Inc. dba Partnership Landscaping" has been awarded the above subject Bid. All services are to be performed in accordance with the terms and conditions as outlined in the Bid. The initial contract period shall be for one year, effective October 1, 2022 through September 30, 2023. This contract will automatically renew for four one-year renewal periods. Automatic contract renewal shall be subject to the appropriation of funds, vendor's satisfactory performance and determination that the contract renewal is in the best interest of the City. In accordance with Special Condition 5.05 Method of Ordering, multiple purchase orders will be issued by the City. Purchase order(s) will be issued for each fiscal year of the Contract term. The authorized using Department(s) will order requirement(s) on an "as needed" basis. All terms, conditions and prices of this Bid are applicable. Only awarded Bid items may be purchased on a Purchase Order and Contractor is to take all necessary steps to only provide awarded Bid items. Invoices must reference purchase order number. In accordance with Special Condition 3.09, a post award meeting is to be coordinated through the City Project Manager within seven (7) days after receipt of notification of award. If you should have any questions, please do not hesitate to contact me at 561-393-7880 or by email at annexsteinQmyboca.us. Thank you for your interest in the City of Boca Raton and we look forward to a successful working relationship with your firm. Robin Annexstein Buyer 2022-007 Bid File J. Shelton STAY CONNECTED In © OO - AN EQUAL OPPORTUNITY EMPLOYER - Page 281 of 1147 M Consent Agenda 10/18/2022 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 18, 2022 - "Request for Extensions and/or Piggybacks Under $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). VENDOR(S) DESCRIPTION OF SOLICITATION NUMBER RENEWAL AMOUNT SOLICITATION TERM The Gehring Insurance Broker Group, Inc. Services The Gehring Employee Benefits Group, Inc. Consulting Services IPC Mitel Software and Technologies, Hardware Support nc. Services Parkmobile, Pay for Parking LLC City of Boynton Beach RFP No 017-1710-19/MFD Resolution No. R19-069 City of Boynton Beach RFP No 012-1610-18/IT Resolution No. R18-075 Piggyback City of Newport News, October 2, 2022 - Estimated Virginia COBB Resolution No. 21- October 1, 2023 Expenditure 002 $30,000 City of Boynton Beach RFP 018- 2413-19/1 T Annual November 6, 2022 Estimated - November 5, Expenditure 2023 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Page 282 of 1147 Annual July 3, 2022 to Estimated July 2, 2023 Expenditure $71,750 Annual January 1, 2023 to Estimated December 31, Expenditure 2023 $79,800 Annual Piggyback City of Newport News, October 2, 2022 - Estimated Virginia COBB Resolution No. 21- October 1, 2023 Expenditure 002 $30,000 City of Boynton Beach RFP 018- 2413-19/1 T Annual November 6, 2022 Estimated - November 5, Expenditure 2023 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Page 282 of 1147 Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Ty pe D AltachirTl(,,Illt D Altac hirneirt D AftachiiTieint D Attachment D Aftac[iirneint Description Bid Ekeinsioins and IRiggy.. Backs under $100,000 F:Zeina:fmal IIinteiranst I (-,,Ueir.....Elbe G61,iiriing Girrok.up, I inc. ... I irnSu.uiraince Birokeir Seirvices 2022 2023 Reine�wal IIinteirest I elteir The G61-)iding GrOUp, I n(Il:::: rnployee Benefits ('-'.oinsultiing2022 2023 FReinewal Ilinteirest I etteir I F:1(.. Technologies, II rx 2022 2023 Renewal IIinterest I etteir, Parkirnobile, I 1 (.'.1 2022 2023 Page 283 of 1147 RE CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS October 18, 2022 REQUESTING DEPARTMENT: Human Resources DEPARTMENT CONTACT: Julie Oldbury/Richard Ignoffo TERM: July 3, 2022 to July 2, 2023 SOURCE FOR PURCHASE: City of Boynton Beach RFP 017-1710-19IMFD Insurance Broker Services ACCOUNT NUMBER: 522-1710-519.49-17 VENDOR(S): The Gehring Group, Inc. ANNUAL ESTIMATE: $71,750.00 DESCRIPTION: At the Commission meeting of August 6, 2019, City Commission approved and authorized the City Manager to sign a three (3) year Agreement with The Gehring Group, Inc of Palm Beach Gardens, FL for RFP No. 017- 1710-19/MFD for Insurance Broker Services. This Agreement was for an initial term of three (3) years, July 3, 2019 to July 2, 2022 with two (2) one-year renewals with an increase of 2.5% for each renewal year. The Gehring Group has agreed to renew the Agreement for its 1 It one-year term with the same terms, conditions and increase in fee of 2.5%. City staff recommends approval of renewal and fee increase. Renewal term will be July 3, 2022 to July 2, 2023. REQUESTING DEPARTMENT: Human Resources DEPARTMENT CONTACT: Julie Oldbury TERM: January 1, 2023 to December 31, 2023 SOURCE FOR PURCHASE: City of Boynton Beach RFP 012-1610-18/IT Employee Benefits Consulting Services ACCOUNT NUMBER: 001-1610-513.49-17 VENDOR(S): The Gehring Group, Inc. ANNUAL ESTIMATE: $79,800.00 DESCRIPTION: At the Commission meeting of June 5, 2018, City Commission approved and authorized the City Manager to sign an Agreement with The Gehring Group, Inc. of Palm Beach Gardens, FL for RFP No. 012-1610-18/IT for Employee Benefits Consulting Services. This Agreement was for an initial period covering July 1, 2018 thru December 31, 2019 with four (4) additional one-year terms. The Gehring Group, Inc. has agreed to renew the Agreement for its 4t" one-year term with the same terms, conditions and fee. City staff recommends approval of renewal. Renewal term will be January 1, 2023 to December 31, 2023. REQUESTING DEPARTMENT: Recreation DEPARTMENT CONTACT: Kacy Young TERM: November 6, 2022 to November 5, 2023 SOURCE FOR PURCHASE. City of Boynton Beach RFP 018-2413-1911T ACCOUNT NUMBER: 001-2517-545-46-91 VENDOR(S): Parkmobile, LLC ANNUAL ESTIMATE. $80,690 DESCRIPTION: On November 5, 2019, Commission approved the award of RFP No. 018-2413-19/IT for "Pay for Parking" authorizing the City Manager to a three (3) year agreement with two (2) one-year renewals with Parkmobile, LLC for metered parking. The initial contract term was November 6, 2019 through November 5, 2022. The agreement allows two (2) one-year renewals. Renew the 11t one-year term for November 6, 2022 through November 5, 2023. REQUESTING DEPARTMENT. ITS DEPARTMENT CONTACT: Charles Stevens TERM: October 2, 2022 to October 1, 2023 SOURCE FOR PURCHASE: Piggy -Back off the City of Newport News, Virginia ACCOUNT NUMBER: 001-1510-513-49-17 VENDOR(S): IPC Technologies, Inc. ANNUAL ESTIMATE. $30,000 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 I PC 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, 2025. Renew the one-year term for October 2, 2022 through October 1, 2023. The City of Bounton 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 8, 2022 The Gehring Group, Inc. Attn: Cindy Thompson, V.P. of Operations 4200 Northcorp Parkway Suite 185 Palm Beach Gardens, FL 33410 VIA EMAIL TRANSMITTAL TO: cindy.thompson(aDgehringgroup.com BID.: Insurance Brokerage Services BID No.: 017-1710-19/MFD CURRENT BID TERM: July 3, 2019 — July 2, 2022 Dear Ms. Thompson: The current bid term for "INSURANCE BROKERAGE SERVICES". The agreement documents allow for two (2) additional one (1) year renewals with an increase of 2.5% for each renewal year. 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. Please indicate your response on the following page and return it to Procurement Services via email to pratttCcDbbfl.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, I*k,L Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 286 of 1147 The City of Bounton 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 8, 2022 BID: INSURANCE BROKERAGE SERVICES BID No.: 017-1710-19/MFD Agreement between the City of Boynton Beach and THE GEHRING GROUP, INC. AGREEMENT RENEWAL TERM: JULY 3, 2022—JULY 2, 2023 X Yes, I agree to renew the existing agreement under the same terms, conditions, with an increase of 2.5% in pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) THE GEHRING GROUP, INC. NAME OF COMPANY Kurt Gehring NAME OF REPRESENTATIVE (please print) 9/9/2022 DATE billing@gehringgroup.com E-MAIL SIGN"ATU President TITLE 561-626-6797 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 287 of 1147 The City of Bounton 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 14, 2022 RFP: EMPLOYEE BENEFITS CONSULTING SERVICES RFP No.: 012-1610-18/IT Agreement between the City of Boynton Beach and THE GEHRING GROUP, INC. AGREEMENT RENEWAL TERM: JANUARY 1, 2023 — DECEMBER 31, 2023 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) THE GEHRING GROUP, INC. NAME OF COMPANY Kurt Gehring NAME OF REPRESENTATIVE (please print) 9/15/2022 DATE billing@gehringgroup.com E -MAI L President TITLE 561-626-6797 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 288 of 1147 The City of Bounton 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 14, 2022 The Gehring Group, Inc. Attn: Cindy Thompson, V.P. of Operations 4200 Northcorp Parkway Suite 185 Palm Beach Gardens, FL 33410 VIA EMAIL TRANSMITTAL TO: cindy.thompson(aDgehringgroup.com RFP.: Employee Benefits Consulting Services RFP No.: 012-1610-18/IT CURRENT BID TERM: JANUARY 1, 2022— DECEMBER 31, 2022 Dear Ms. Thompson: The current Agreement term for "EMPLOYEE BENEFITS CONSULTING SERVICES" expires December 31, 2022. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 4t" 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 pratttCcDbbfl.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, I*k,L Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 289 of 1147 Vendor CITY OF NEWPORT NEWS, VIRGINIA OFFICE OF PURCHASING 2400 Washington Avenue Newport News, VA 23607 www.nnva.gov/purchasing (757) 926-8721 SUITE 100 7200 GLEN FOREST ■ RICHMOND, VA 23226 Vendor Number 4481 CONTRACT SUMMARY/ CONTRACT RENEWAL CONTRACT DESCRIPTION MITEL VOIP TELEPHONES AND INFRASTRUCTURE CONTRACT DETAILS Contract# - 1 - 19-3441-00 Department Department I FO ATIO TECHNOLOGY Contract Officer Jacob T. VanDyke 757-926-8040 vand Jt nnva.gov Start: 10/02/2019 Current Term End: 10/01/2023 Final Option End: 10/01/2024 SEPTEMBER 22, 2022 CONTRACT RENEWAL THE CITY IS EXERCISING THE THIRD RENEWAL OPTION YEAR FOR THE ABOVE REFERENCED CONTRACT THROUGH OCTOBER 1, 2023. 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 290 of 1147 The City of Boun%on Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: f561) 742-6310 September 30, 2022 Parkmobile, LLC Attn: Michael lamele 1100 Spring Street, NW Suite 200 Atlanta, GA 30309 VIA EMAIL TRANSMITTAL TO: Michael. iamele(Dparkmolbile.io • David. Holler arkmobile.io RFP.: Pay for Parking Services RFP No.: 018-2413-19JIT CURRENT BID TERM: NOVEMBER 6,2019— NOVEMBER 5, 2022 Dear Mr. lamele: The current Agreement term for "PAY FOR PARKING SERVICES" expires November 5, 2022 The agreement documents allow for two (2) additional one-year terms. The City of Boynton Beach would like to extend the agreement for its 15' 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 prattt& bfl.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, Y*k. a�.4 Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 291 of 1147 Finance/Procurement Services 100 E. Ocean Avenue Baynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 September 30, 2022 RFP: PAY FOR PARKING SERVICES RFP No.: 018-2413-19fIT Agreement between the City of Boynton Beach and PARKMOBILE, LLC. AGREEMENT RENEWAL TERM: NOVEMBER 6,2022— NOVEMBER 5, 2023 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) PARKMOBILE, LLC NAME OF COMPANY NAM OF REPRESENTATIVE (please print) tol312')_ DATE 1171311 N'SM-19,; CZ .'� SIGNA TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 292 Of 1147 6.J. Consent Agenda 10/18/2022 Requested Action by Commission: Approve the purchase of Extreme Networks maintenance, and licensing from STEPcg of Covington, KY in the amount of $48,841.95, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. Explanation of Request: Contract Period: October 1, 2019 — September 30, 2024 The Extreme Networks network switches, networking appliances and networking software that the City of Boynton Beach utilizes require firmware updates and licensing to ensure that they are secure and will work with new hardware and software platforms. The Extreme Networks maintenance provides access to these firmware upgrades, advanced hardware replacement, and technical support. How will this affect city programs or services? The purchase of Extreme Networks maintenance, and licensing from STEPcg ensures that the City can install new firmware as it is released. In addition, the advanced hardware replacement provided by the maintenance provides either a 4 -hour replacement or Next Business Day depending on the plan selected. Most City network switches are on the Next Business Day plan as the ITS Department has spares available. Critical switches are protected with the 4 -hour plan. The maintenance also provides phone support to assist in troubleshooting problems that may occur. Fiscal Impact: Funding was approved and is available in the following accounts for fiscal year 2022/23. Account Number Description Amount 001-1510-513.46-22 City General Fund $40,787.70 401-2821-536.49-17 UtilityEnterprise Fund $ 8,054.25 Alternatives: Delay the purchase so the City can issue its own bid request which may not result in a lower purchase cost, and existing licenses would expire in the meantime. Strategic Plan: Building Wealth in the Community Strategic Plan Application: This agenda item helps maintain a high performing organization by protecting investment in network infrastructure equipment and keeping systems up-to-date. Failure to do so would have a negative impact on the use of internal computer servers and systems, and in turn, the services provided to the community. Climate Action Application: Page 293 of 1147 Is this a grant? Grant Amount: Attachments: Type Description D QLK)tElS S T lE IPcg Quote D Contract Extrerne, INetn orks 1Masteir Agreerneint D Addenduirn State of F::loirida Addeindurn D Attadl�nnieint Contract Costs vs. Quoted ( ....osts, D Aftadl[niimeint Aut[ioirizedRe&.-dleirs Page 294 of 1147 0 U Q (n _L d N U M O m O C T O CO 0 w U L m N D ' C LU c ID U')> } o 2-5LN U Y v D N ¢ C U N om N C) O W O LO a C Cl) (D COD LLL (c) 7) ON NO (A O omm E � °Q O O ° O O ro Z O Z O 0 0 0 0 0 o 0 m m 0 -N -N 0 0 O w w N N co (T +� EH H -i � � d 64 O O O cn = � r 00 C � d d � i i Q C7 Q a O O O O O O O O O O O O = 0 0 0 0 0 0 0 0 0 0 0 0 O co N N co (T +� EH H -i 61) CA 64 O O O (A 0 r 00 W W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U) Un Ln LO LO 00 CO c0 W N r- 4.. d NN EA u) N CA N EA N CA N O N O N O N O M O � r O 00 M N � 64 ER EA EA ER fA C C� :., M V co V (O V CO V (O V Ln LO LC) Lf) LO Ln LC) L M Cl) Cl)' Cl) co co Cl) C co N co N Cl) N Cl) N Cl) N Cl) N M N M N Cl) N Cl) N co N M N ..... 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N m N O rL O a a m rn m m N rn� W d) L W N o¢ N o= N rn m cb w Cr fr O co CA co p N N O O O� m N W U O V O in O CD M M Y U w w w w w w w U U U U co Cl) m M M; (n Ch (!� in 2 _ _ _ = Q Q J J J J P- r-r� r- r- z z a a a a 0 0 0 0 0 d m rn rn rn rn X w X w x X x X Cl) cu U) m � m m Q Q Q Q QC) U) m � � � ccoo � (Y Cl) (Y Cl) Lu N .� C> W U) m C/)� (o r (A O m 'C (n O m 'C M M M M> M U zdn Q QdnQm ddQ Qz n >V M> >V M> >V M> >V M> MCU Q > Q 9> Q gy > Q Q > W 2 W 2 W 2 W 2 W 2 X u) O X (1) U) X W (n 9> x W u) x W Co X W U) co (.C) Cfl Y W W W W W W W cn cn n U U U U 0 LL 0 w UQ Q v) (� (b J J J J v v v V a Q � V (n Q z z rL rL d d v w v w v w U) C-) >oo C1 Cf C C 6 6 Xw xw X x X X 0-1 C) ¢ ° Cl) U U} r m p W W W W rl a rL 0 0 T X X X} } Q ui ui C ,J cl (n (n (n Co ao W -2 :3 m o m o m o m o N m U) m a m Q m n m a m O O U U P u)m > �O n Q p n vU vU vU Q > m m —� —u) —C —CO �a �a va z a) z(n 0- U) acn a� D- Cl) (aO(anOU)O(a (an gY O Om gm Om Om L> z I >z I >z >W >w I X Xw I X(n I x(n I X(n I X(n DocuSign Envelope ID: 4A7E8174-EA62-47CF-821A-9A608A50D62A Contract #: AR3230 STATE OF LA'Aff COOPERATIVE CONTRACt' 1, CONTRACTING PARTIES: This contract is between the Utah Division ol'Purchusing and the following Contractor: Vendor 14 VC00001 00495 CLoffjmpdil, Code fl: 920-05 Ic �i (�fConiract(w For -Profit Corporation L&Q.—_ ._I, 14kkL_ ­.__.____.._. Contact SyptgL Michael Swierk Phone Number;, 603-642-7856 Ernail: mswierk(i.t),exti�cmetietworks.coin 2. CONTRACT' PORTFOLIO NAME: Data Communications Prndue,ts, and Services. 3. GENERAL PURPOSE OF CONTRACT: Provide Data Communications Produ 1",j ( Scr i cs l6r the Avvard Cat or e. mtlrc�,rltci«,d, era Auachrnern, 14 , 'bra»ltcm ol'Work _ 4. PROCUREMENT: This contract is entered into as a result ofth pLoqLLL q!j�tj_prq�r K1 S800I K 5. CONTRACT PERIOD: Effective Date: I tic " S ' d4y, Qc!090 i ,'?01 2. Termination Date: unless terminated early or extended in accordance with the terms and conditions of this contract. Rettig- weal, ()tLotL�,, 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. ATTACf IME.NTA: NASPO ValuePoint Master Terms and Conditions ATTACHMENT B: Scope Awarded to Contractor ATTACHMENT C: Pricing Discounts and Value Added Set -vices ATTACHME'XYD: 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 INTOTHIS CONTRACT' BY REFERENCE BUT NOT ATTACHED: a. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah Procurement Code, Procurement Rules, and Contractor's response to solicitation 9 SK 18001. 10. Each signatory below represents that he or she has the requisite authority to enter into this contract. IN WITNESS WI IERFOF, the parties sign and cause this contract to be executed, Notwithstanding verbal or other representations by the pat -Lies, the "Effective Date" of this Contract shall be the date provided within Section 5 above. CONTRACTOR DIVISION OF PURCHASING 1) Sig nect W; dole October 1, 2019 1 2:39A5 AM PDT . . .... Oct 3,2019 ACWENONA�AEO ............................................................ uoniractm's signature Date Director, Division of Purchasing Date CRSO 'Type or Print Name and 'Title Internal Contract Tracking #: AR 1470 Solicitation 4: SKI 8001 Vendor 4: VCOOOO 100495 Page 306 of 1147 Note: sections negotiated 2, 13, 14, 16, 18, 19, 20, 23, 26, 30, 34, 36, and 39. NASPO, �II �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 307 of 1147 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 308 of 1147 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 309 of 1147 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 310 of 1147 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 311 of 1147 7. NASPO ValuePoint Summary and Detailed Usage Reports In addition to other reports that may be required by this solicitation, the Contractor shall provide the following NASPO ValuePoint reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://calculator.naspovaluepoint.org. Any/all sales made under this Master Agreement shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Purchasing Entity name; (4) Purchasing Entity bill -to and ship -to locations; (4) Purchasing Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; (8) and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-ROM, flash drive or other method as determined by the Lead State and NASPO ValuePoint. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in shown in Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the solicitation and the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report. d. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. e. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. B. 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 312 of 1147 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 313 of 1147 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 314 of 1147 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 315 of 1147 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 316 of 1147 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 317 of 1147 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 318 of 1147 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 319 of 1147 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 320 of 1147 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 321 of 1147 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 322 of 1147 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 323 of 1147 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 324 of 1147 (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 325 of 1147 (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 P r o p e r t y 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 326 of 1147 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 327 of 1147 a. Reserved. eMarket Center Appendix Exhibit 1- Contractor's Warranty Terms -follow this page Attachment A: Page 22 of 30 Page 328 of 1147 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 Warranty Warranty Technical Support Software/Firmware Hardware "Warranty Assistance Portal Availability Replacement' Period" Center* 1 Year Warranty 5 Year Warranty Limited Lifetime Warranty — 10 Business Day Ship One Year One Year One Year Five Years Five Years Product Lifetime Product Lifetime 90 Days — Defective Software Media Replacement Two years for Base Operational Five Software2 Years Updates Product Lifetime for Base Operational Product Software Updates and Upgrades Lifetime One Year for Advanced Software License Updates4 location, 11"a,e 01)r iaLloI],aI SaLwaic as &fir7cd by I xtrcii�r7�n IJc I(,:r111C. r "c��rrw�ru ��iJ ";���i�t^�v�i�r L'ir:C.iir��� <�ar��r1 A,rlrr7r�7a'r��i �n��%'trrvwrr�� Lic`,q�^nr� IVI�r,:9�e9rr,,ri����� <as, iuit�,�7r.i �Ir fii7,7�{ Icy It��'Lir�ir7a' Laau'.�':�uv, 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 'rl,i.a l c�r�liv�r�i t tiirr� ', ray iyric�lba.ii:ilii i al ��a`i1ir l;:r7�i lI����,�i. Attachment A: Page 23 of 30 Page 329 of 1147 Limited Lifetime Product Lifetime Advanced exchange Warranty With Product Product Product for replacement hardware Express Lifetime Lifetime Lifetime Base Operational shipped next business Advanced Software day from RMA approval Hardware UpdateS2 time Replacement Limited One year for Return and Replace — Lifetime Product Product Product Base Operational Hardware shipped Warranty 15 Lifetime Lifetime Lifetime Software Updates within 15 business Day Return To days of receipt of Factory Ship defective asset Limited Product Lifetime Lifetime for Advanced exchange Warranty With Product Product Product Base Operational replacement hardware Express Lifetime Lifetime Lifetime Software Updates shipped next business Advanced and Upgrades day from RMA approval Hardware time Replacement -2 Software Warranty3 90 Days 90 Days 90 Days 90 Days N/A Return and Replace — 1 Month 1 Month for Hardware shipped Warranty Hardware 90 Days 1 Month N/A within 10 business (WiNG)8 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)8 days of receipt of defective asset 1 Year 90 Days — Return and Replace — Warranty Defective software Hardware shipped (WiNG)8, One Year 90 Days 1 Year media within 10 business replacement days of receipt of 10 defective asset ' Advanced exchai ige i ejolaceirent hai dvvare delhvei ed next Lausllnvlss day frolm RIMA n1plol oval bine for A2, 3'2/C,2, :V3/C3, r1 IJI OdLCIS 111 1\101 th Aerie Ica, We tee ni I::urojoel and Austialla only Advance I Iiii-dware, Rq:)Iacf:11,n(:nt rs ful tl )el deflined and condItIoned loy I::Xtrelre I " sus I al I ii I I 8/1valint'nina I I, re UJI)CIM0 I C I O�ISCS a, dPh I I Od by 1: X L M I 110 13C If AN , w'w')i lo IN, Wl AN ind ADS11 1rodu1T,d1JjM14 d linry) 'Nbr,r Ir I: l by I xUroin, ljohwrlk" 1111:0"lon" -'rinvidod undvi 11ho I XIro111HV,)rrmnIy an, io I) I ii 11" 11 nnnc N I h p/oljr,a vv, I r "11MY provl, on" in p I O, o I I I ho I l I y10 I) I I l,Ali) n Attachment A: Page 24 of 30 Page 330 of 1147 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 *8 AMto 5II: S II 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". 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 (Monday qo II::iJday)IIoca� Ii..,Rscr's tirn 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 IIfliaIImIiidr, II;Iypurtlpr)vldi,c))vl,b:ri+lJphrri'',0111lno,^,IIli lnrrtlnrt;;ol�uuII'iinslllxrlll'tlI lloi'11h {�I'Ion] 1,nI"Inl}r°I,'IIIMII'),CI11InI,SIIpJsrt Port,ll,)Ind ('rimll uppol'Ior u nr mrrdrr Id VIlorr"gnty llonod ,I I nu1rn;4 I II('I Inur roI, WI thlrl",;1,1.001'Irodk trt, i, , yf' ros prisI , lId o "oIr r1 It I' Attachment A: Page 25 of 30 Page 331 of 1147 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: i:i: p//www d, ,,treii°ufieii"neiwo li Y�s rtioii°ni/: ii(J ug :reg stra�J`0111`11 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. ® 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 332 of 1147 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: Ihflp',//www e, to eii,iieii", etwoii N<s coir l/ uu uu�udi�ll:...uli^ II:u:�:li°u°� 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 333 of 1147 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 334 of 1147 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 )d ,I I "d IlodII I)tkiIII Povr, r `yuh,pI ( inc lur➢od I'I 110 Mi, ';IIIIIy r Irru;pMFr P Inr IIiiP A, Is, mnraCSiru I,orhunrh) IIIII 'ow I'I1,uppIycob Io,, th'a '11-o o,IIipirdVAI h IxtornwI +r charurhurI I^r,verrrr',IeplpI r rrno I ovoIvd uIIdoi Ihi a I rr,Jm A iirt I Inwor''iuppIv Warr,iIIIv 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 335 of 1147 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 336 of 1147 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. Cateeory 1.2: NETWORKING 1.2.1 Network ADDlication 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 337 of 1147 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 Networkiniz. Page 2 of 11 Attachment B Page 338 of 1147 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 q 1 Rmitarc 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 339 of 1147 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 340 of 1147 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) S. 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 341 of 1147 • 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 342 of 1147 • 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 343 of 1147 • 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 344 of 1147 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 345 of 1147 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 346 of 1147 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 347 of 1147 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 % off List 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 Onsite 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 Provide the title, job description for each title, and associated hourly rate. Add additional rows as necessary. Hourly Rates Weekday W(kend State Holiday ,,,,,,,,,,,I Title Job Description gnslte Reinote Orisite, 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 $281.2S - *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 supportsupport 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 348obf 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 2 End User License Agreement This document is an agreement ("Agreement") between You, the end user, and Extreme Networks, Inc., on behalf of itself and its Affiliates ("Extreme") that sets forth Your rights and obligations with respect to the "Licensed Materials". BY INSTALLING SOFTWARE AND/OR THE LICENSE KEY FOR THE SOFTWARE ("License Key") (collectively, "Licensed Software"), IF APPLICABLE, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE AND/OR ANY OF THE LICENSED MATERIALS UNDER THIS AGREEMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE LICENSE(S) AND THE LIMITATION(S) OF WARRANTY AND DISCLAIMER(S)/LIMITATION(S) OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE LICENSE KEY (IF APPLICABLE) TO EXTREME OR YOUR DEALER, IF ANY, OR DO NOT USE THE LICENSED SOFTWARE AND/OR LICENSED MATERIALS AND CONTACT EXTREME OR YOUR DEALER WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT TO ARRANGE FOR A REFUND. 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 349 of 1147 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 Pa e 2 of 471 gage 350 of 1147 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 PaN3 3 of 471 gage 351 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 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 Attachment D Pae 4 of 471 Page 352 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. perform the maintenance and updates in a timely and professional manner, during the term of Your subscription, using qualified and experienced personnel. You will cooperate in good faith with Extreme in the performance of the support services including, but not limited to, providing Extreme with: (a) access to the Extreme Licensed Materials (and related systems); and (b) reasonably requested assistance and information. Further information about the applicable maintenance and updates terms can be found in Extreme's Terms of Support (attached as Exhibit 4). to. DEFAULT AND TERMINATION. In the event that You shall fail to keep, observe, or perform any obligation under this Agreement, including without limitation a failure to pay any sums due to Extreme, or in the event that you become insolvent or seek protection, voluntarily or involuntarily, under any bankruptcy law, Extreme may, in addition to any other remedies it may have under law, terminate this Agreement and any other related agreements between Extreme and You. (a) Immediately after any termination of this Agreement, Your licensed subscription term, or if You have for any reason discontinued use of Licensed Materials, You shall return to Extreme, destroy or expunge (in Extreme's discretion) the original and any copies of the Licensed Materials and remove the Licensed Materials, including without limitation any Licensed Software, from any Network Devices, and certify in writing that through Your best efforts and to the best of Your knowledge the original and all copies of the terminated or discontinued Licensed Materials have been returned to Extreme, destroyed or expunged. (b) Sections 1, 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 has jurisdiction 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 PaN5 5 of 471 gage 353 of 1147 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(x). 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 Page 6 of 471 Page 354 of 1147 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 Ili;ttlp;//...........................:.. tir meinetw irlks,.coirn,/ u;� oirt/ olliiciies/o ein souirce declaration/. In accordance with the terms of GPL and LGPL, you may request a copy of the relevant source code should GPL and/or LGPL terms apply to your Licensed Software. Additional details are available upon request to Extreme. This offer is valid for up to three years from the date of original distribution of the relevant Licensed Software. All Open Source Software is provided to You on an "AS IS" basis, and Extreme makes no representations or warranties for the use of this Open Source Software by You independent of any Extreme provided product, software, or services. Refer to the licenses and copyright notices listed in the relevant open source declaration for any specific license terms that apply to each Open Source Software component and warranty, if any, from the associated authors or licensors. Extreme specifically disclaims any warranties for defects caused by altering or modifying any Open Source Software or the products' recommended configuration. You have no warranty or indemnification claims against Extreme in the event that the Open Source Software infringes the intellectual property rights of a third party. Technical support, if any, will only be provided for the unmodified Extreme product as used within such product's recommended configuration. 16. GENERAL. (a) This Agreement is the entire agreement between Extreme and You with respect to the subject matter hereof, including without limitation the Licensed Materials, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. (b) This Agreement may not be changed or amended except in writing signed by both parties hereto. No purchase order shall supersede or amend any terms of this Agreement. (c) You represent that You have full right and/or authorization to enter into this Agreement. Attachment D Pae 7 of 471 Page 355 of 1147 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. (f) The provisions of the Agreement are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding on and enforceable by and between the parties hereto. (g) Extreme's waiver of any right shall not constitute waiver of that right in future. (h) Should You have any questions regarding this Agreement, You may contact Extreme at the address set forth below. Any notice or other communication to be sent to Extreme must be mailed by certified mail to the following address: Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 United States ATTN: Legal Department Attachment D Pae 8 of 471 Page 356 of 1147 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.extremenetworl<-s.com ©2019 Extreme Networks, Inc. All rights reserved. Extreme Networks and the Extreme Networks logo are trademarks or registered trademarks of Extreme Networks, Inc. in the United States and/or other countries. All other names are the property of their respective owners. For additional information on Extreme Networks Trademarks, visit www.extremenetworks.com/com an /legal/trademarks/. Specifications and product availability are subject to change without notice. Attachment D PaN9 9 of 471 gage 357 of 1147 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: 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 358 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. This notice will be published to the Extreme Support website at �., �c.�:u °r� .0 � u ��.w; a � uu /. uu �y� a��° / n � of saeauid .pro(hct /. Customers and Partners should check this site frequently to view any new Notifications, as well as any other information related to the End of Life process. The End of Sale Notification will define the End of Sale date, End of Software Maintenance date, and End of Services Life date for the products specified in the Notification. The dates defined in the End of Sale Notification will supersede the general policy guidelines defined in this document. End of Sale The product End of Sale (EOS) date is the last date that a product is available for sale through Extreme systems, while supplies last. Product availability is not guaranteed through the End of Sale date, and products will be provided while supplies last. End of Software Maintenance The End of Software Maintenance (EOSM) date is the last date that Extreme will release any maintenance or patch releases for a specific major software revision. During the Software Maintenance period, Extreme reserves the right to determine which defects will be fixed. Note that a software upgrade to a later release may be necessary to correct a reported problem. The table below defines the End of Software Maintenance period after End of Sale. Software End of Software Maintenance (EOSM) (Note 1, Note2) ........ ........ ........ ........ ........ .. 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 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 359 of 1147 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 "V�C��i`�.. ������ d, "M �ll"�1V�t�� w�IG�ll � ��..¢""GLV"Vt '�.IL��:��iN7V",.• Attachment D Page 12 of 471 Page 360 of 1147 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 361 of 1147 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 362 of 1147 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 363 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 2.1 Releases. Extreme or its authorized representatives will make available to Company all Releases made generally available by Extreme only for Products for which Company has an active contract for Services. The content of all Releases shall be decided upon by Extreme in its sole discretion. Updates for Products for which Company has an active contract for Services shall be provided to Company at no additional charge during the term of this Agreement. Extreme shall impose additional charges for Upgrades. Company shall install only one (1) copy of a Release for each Product under an active contract for Services, and Company is prohibited from installing Releases on any Product which is not covered under an active contract for Services. 2.2 Corrections. Extreme shall use commercially reasonable efforts to provide a correction or workaround for any reported and reproducible Defect in any Product for which Services have been purchased with a level of effort commensurate with the severity level; provided that Extreme shall have no obligation to correct all Defects in the Products. Company shall notify Extreme TAC of the nature and severity of such Defect and the specific serial number of the applicable Product, and provide Extreme with enough information to locate and reproduce the Defect. Extreme shall not be responsible for correcting any Defect not attributable to Products or any Defect listed under Section 3 ("Exclusions"). 3. Exclusions. The Services provided by Extreme hereunder will not include support and maintenance of any third -party software or hardware not provided by Extreme. Extreme is not required to provide any services for problems arising out o£ (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 miniGBlCs. 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 364 of 1147 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 365 of 1147 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 366 of 1147 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 367 of 1147 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, YouM 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 perforin 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 368 of 1147 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(11) 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 369 of 1147 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 370 of 1147 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 5a and incorporated herein by reference. Extreine'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 371 of 1147 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 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. Attachment D Page 24 of 471 Page 372 of 1147 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 373 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 5 Privacy and Cookies Policy This Privacy and Cookies Policy ("Policy") applies to the websites operated by Extreme Networks, Inc. ("we" or "us" or "our"), accessible via our global and regional websites and any mobile applications or other online and/or mobile applications or websites operated by us that are related to us (collectively, the "Website"). This Policy (together with our Terms of Sale and any other documents referred to in this Policy or those documents) sets out how we may or will use any personal information that you provide through our Website. Please read it carefully before you proceed. By visiting our Website, and/or using the services offered on or through our Website, you acknowledge you have read and understood the terms of this Policy (as amended from time to time). 1. INFORMATION WE MAY COLLECT FROM YOU 1.1 We may collect and process the following data about you: 1.1.1 Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, signing up for our newsletter, registering for a seminar or requesting further services. Such information may include, for example, your name, home and/or business address, email address, telephone number, demographic information such as age, and/or other information that may identify you as an individual. We may also ask you for information when you enter a competition or promotion sponsored by us, sign-up for email newsletters, and when you report a problem with our Website. You can choose not to provide us with some of this information, but doing so may affect your ability to use our Website and our services. 1. 1.2 If you contact us, we may keep a record of that correspondence. 1.1.3 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. 1. 1.4 Subject to your expressed marketing preferences, to send you marketing information about goods and services that may be of interest to you by post, telephone, email or other means. You have the right to "opt in" and "opt out" of certain uses of your personal information for these purposes. 1. 1.5 Details of your visits to our Websites and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own purposes or otherwise. Attachment D Page 26 of 471 Page 374 of 1147 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 375 of 1147 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 -party 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 party, 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 376 of 1147 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 inforination 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 377 of 1147 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 378 of 1147 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 privacyinquirieskextremenetworks. 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 379 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 6 Annex 1 — Processing of Customer Personal Data 1. You warrant that You are the data controller in respect of the Personal Data, or that You are authorized by the data controller to issue instructions to Extreme under this Agreement in respect of such data. 2. You shall comply with Your obligations under the Data Protection Law in respect of the Personal Data (including Your provision to, or making it available for collection by, Extreme), and shall ensure that Your instructions to Extreme do not result in processing in breach of the Data Protection Law. The categories of Customer Personal Data to be processed by Extreme and the processing activities to be performed under this Annex are set out in the relevant Service Specifications. 3. Subject at all times to Your obligations under the Agreement, Extreme undertakes to: a) only process Customer Personal Data in accordance with Your documented instructions, unless required to do otherwise by applicable law. In which event, Extreme shall inform You of the legal requirement before processing Customer Personal Data other than in accordance with Your instructions, unless that same law prohibits Extreme from doing so on important grounds of public interest; b) implement appropriate technical and organizational measures to protect any Customer Personal Data processed by it against unauthorized and unlawful processing and against accidental loss, destruction, disclosure, damage or alteration; c) ensure those of Extreme's personnel who are involved in processing the Customer Personal Data are bound by appropriate obligations of confidentiality; d) inform the Customer promptly, and in any event within seven (7) days, if Extreme receives (i) a request from a data subject to have access to his/her Customer Personal Data; or (ii) a complaint or request relating to Your obligations under the Data Protection Law; e) taking into account the nature of the processing and the information available to You, provide You with reasonable assistance in ensuring compliance with Your obligations under the Data Protection Law in relation to security, data breach notification, data protection impact assessments, prior consultation, audits and inspections, where applicable from time to time; f) make available to You (or Your third party appointees bound by appropriate obligations of confidentiality) such records as You may reasonably require to demonstrate compliance by Extreme with Your obligations; and g) within fourteen (14) days following termination of the Agreement, Extreme shall, at Your direction: (i) return all Customer Personal Data to You; or (ii) destroy all such Customer Personal Data unless prohibited from doing so by any applicable law. Attachment D Page 32 of 471 Page 380 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 4. Subject to any provisions of the Agreement to the contrary, Extreme shall not appoint any third party to process the Customer Personal Data ("Subprocessor") other than: (a) with Your prior consent; and (b) by way of a written agreement with the Subprocessor which imposes equivalent obligations in relation to the security of the processing on the Subprocessor as are imposed on Extreme under this Annex. You warrant that You generally consent to Extreme appointing a Subprocessor, provided that Extreme informs You of any intended changes concerning the addition or replacement of other Subprocessors, and gives You an opportunity to object to such changes on reasonable grounds. 5. You hereby consent to the Customer Personal Data being processed anywhere in the world throughout the duration of this Agreement, subject to Extreme's continued compliance with this Section 5. However, to the extent that any Customer Personal Data to which the Data Protection Law of the European Economic Area (EEA) applies is processed outside the EEA, the terms of the transfer shall be governed by the EU Standard Contractual Clauses for the transfer of Customer Personal Data to processors attached as the Schedule to this Agreement, which are hereby incorporated into this Agreement and which shall prevail to the extent of any conflict with this Agreement. Schedule: Standard Contractual Clauses For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: Address: Tel.........................................fax....................................; e-mail: Other information needed to identify the organisation .............................................................................................. ............................................................................................. ............................................................................................. (the data exporter) And Name of the data importing organisation: Address: ......................................................................................................... ......... Tel . ........................................ : fax ....................................; e- mail: ....................................... - mail:....................................... Attachment D Page 33 of 471 Page 381 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Other information needed to identify the organisation: ............................................................................................. ............................................................................................. ............................................................................................. (the data importer) each a `party'; 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 I 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 382 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. Clause 2 Details of the transfer The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses. Clause 3 Third -party beneficiary clause 1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to 0), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third - party beneficiary. 2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. 3. The data subject can enforce against the sub -processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third -party liability of the sub -processor shall be limited to its own processing operations under the Clauses. 4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law. Clause 4 Obligations of the data exporter The data exporter agrees and warrants: (a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection Attachment D Page 35 of 471 Page 383 of 1147 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 (j) that it will ensure compliance with Clause 4(a) to (i). Clause 5 Obligations of the data importer SZ) 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 384 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract; (c)that it has implemented the technical and organizational security measures specified in Appendix 2 before processing the personal data transferred; (d)that it will promptly notify the data exporter about: (i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation; (ii) any accidental or unauthorized access; and (iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorized to do so; (e)to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred; (f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority; (g)to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub -processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter; (h)that, in the event of sub -processing, it has previously informed the data exporter and obtained its prior written consent; (i) that the processing services by the sub -processor will be carried out in accordance with Clause 11; 0) to send promptly a copy of any sub -processor agreement it concludes under the Clauses to the data exporter. Clause 6 Liability 1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub -processor is entitled to receive compensation from the data exporter for the damage suffered. 2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub -processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any Attachment D Page 37 of 471 Page 385 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub -processor of its obligations in order to avoid its own liabilities. 3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub -processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub - processor agrees that the data subject may issue a claim against the data sub -processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses. Clause 7 Mediation and jurisdiction 1. The data importer agrees that if the data subject invokes against it third -party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject: (a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority; ( b) to refer the dispute to the courts in the Member State in which the data exporter is established. 2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law. Clause 8 Cooperation with supervisory authorities 1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law. 2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law. 3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any sub -processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b). Clause 9 Attachment D Page 38 of 471 Page 386 of 1147 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 (3). Where the sub -processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub -processor's obligations under such agreement. 2. The prior written contract between the data importer and the sub -processor shall also provide for a third -party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third -party liability of the sub -processor shall be limited to its own processing operations under the Clauses. 3. The provisions relating to data protection aspects for sub -processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established, namely ... 4. The data exporter shall keep a list of sub -processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 50), which shall be updated at least once a year. The list shall be available to the data exporter's data protection supervisory authority. Clause 12 Obligation after the termination of personal data-processing services 1. The parties agree that on the termination of the provision of data-processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal Attachment D Page 39 of 471 Page 387 of 1147 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 information necessary in order for the contract to be binding (it an ---- . , Signature ... r � 4 � t 1 � l On behalf of the data importer: Name (written out in full) :......................................... Position: ............................................................... Address: ................................................................ Other information in order for the contract to be binding (if any): Signature ... t') 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. (2) 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(l) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard Attachment D Page 40 of 471 Page 388 of 1147 r � 4 t � � 1 l in order for the contract to be binding (if any): Signature ... t') 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. (2) 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(l) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard Attachment D Page 40 of 471 Page 388 of 1147 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 alia, internationally recognized sanctions, tax -reporting requirements or anti -money-laundering reporting requirements. This requirement may be satisfied by the sub -processor co-signing the contract entered into between the data exporter and the data importer under this Decision. Appendix 1 to the Standard Contractual Clauses Data exporter The data exporter is the end customer for whom the data importer is providing the relevant services (whether the end customer acquires the services through a partner or directly from Extreme). Data importer The data importer is Extreme Networks, Inc. Data subjects The personal data transferred concern the following categories of data subjects: For ExtremeCloud, see http://bit.ly/2s7zadf For ExtremeLocation, see http://bit.ly/2x51wLd For ExtremeWorks, see http://bit.ly/2s7Hnlh For Managed Services, see http://bit.ly/2IGaUWL Categories of data The personal data transferred concern the following categories of data: For ExtremeCloud, see http://bit.ly/2s7zadf For ExtremeLocation, see http://bit.ly/2x51wLd For ExtremeWorks, see http://bit.ly/2s7Hnlh For Managed Services, see http://bit.ly/2IGaUWL Attachment D Page 41 of 471 Page 389 of 1147 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 ht1p://bit.ly/2x51wLd For ExtremeWorks, see http://bit.ly/2s7Hnlh For Managed Services, see htt 2://bit.ly/2IGaUWL 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 390 of 1147 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 391 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Exhibit 7 Service Descriptions ExtremeWorks6 Maintenance Services Full access to around-the-clock, direct support for any network issue that comes your way. Your network is the back -bone 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 ROL 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. TOM IBM 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. FxtremeWorks Maintenance Services ensures that your business has full access to network suppoi 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 ExtreineWorks Maintenance Services Attachment D Page 44 of 471 Page 392 of 1147 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. 1�� riamplyalm 11 ji � III i I . Most Extreme Networks support centers sit beside the original builders of our products. In many cases, the builders and inventors of Extreme features and functions are within close proximity of the support organization, making it easy to gain an in-depth view of a potential issue with faster resolution. Proven Method for Skills -based Routing Extreme customer satisfaction is consistently measured between 92-95% globally, largely due to our proven method for skills -based routing. When you call support, we are going to connect you with an engineer who has expertise with the technology you are experiencing an issue in and can solve your problem fast. Full Visibility into Cases, Constant Contact with Key Stakeholders When it comes to support, we believe in total transparency. When you open a case, support receives that case in their queue as does your account representative. All key stakeholders you are in contact with are aware of your obstacles, keeping open communication across teams. Further, the minute you're connected with a support specialist, at their fingertips, they have the ability to review all of your open cases, giving them a holistic perspective of issues you may be experiencing. Choose ExtremeWorks Maintenance Services to stay on top of your network and ensure problem resolution is achieved as quickly as possible. When you choose Extreme, you choose partnership, • 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 393 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks*'AHR Service I .O 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 assistaTt,ce for Eytre:tae Vetworks Vardware avd XT1499MIT"MIRMI-M 2.0 11'15eryce levels Extreme Works 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 ITBD Next Business 97004 Advanced Day Hardware Replacement ExtremeWorks 4 Hour 97007 Advanced 24x7 ® 4 Hours Hardware Replacement *Maguws�s alukl k) �[%' ppIupLy IFicpd Lo I)c replacer,] aiusl bc, �:oiqflcl.cd puJor k) ivqiucs�iig �iic 1"IZU''Flicrcspoiisc, 6irie uMerNal 'stai'ts afte,ii, ffie, (51AC, valu�Jflc.s ffic iviicst fori.1 I'T'U �uicl II�MA uiur'ibcr, 3.0 Aviilability 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 394 of 1147 41-.0 Deliverables Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. M, TWEETITITIM-1 Hmsm��� 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 I provides for the advanced shipment of FRUs to tf-"- customer's contracted sites within the cc I 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 relea on Covered Products. Operational Software is defin as embedded software that is required to operate an I Eytreme'Lletworks tetwork device a. -ad is offered for sale as an inclusive component of such hardware network device product as described in Extreme 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. 1140T]" Su[,)w�il �'or. AI)Jflcaiio�-1 So�)ure J:vodu�ls', J01, acidiv�easos ifuividablc, are iio[ XVldi dic 1`xhvii,Woid%s Adva�iccd � �ard",,ai-e Reldaiccrw,d sen"�c'e'," ,ud support l'or Ari[)Hrcits ori SoftkNv,aw niud be scl,)�uflely vurii or ]�.�rhqps as fur her pu,ibHs. ic,,d iii ,ICA"O Rl,u uA"' e rwud) Fxhvin�,, ],dchvoflo,` 141eri CUrTCffl I 11u ice Lk;tl (clin-c�'flly cak,,goi,rcd as order codi,�, 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 RMAs. 5,.O L?xtren,ie Networks ResponsibiHt�es 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. Assigning an RJ\4A number to each FRU to be replaced and notifying the customer of the relevant RMA numbers. 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 395 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks will measure and categorize current list price. Failure to return defective parts in a the case priority level of software problems reported 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. If Extreme Networks diagnoses that a reported problem is due to non-conformance to published specifications of a supported Operational Software version, then E Extreme Networks will provide any Operational xtrem Software fix for the reported non-conformance 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 Custoiiier R.espoml1t)difles The Customer is responsible for: Advising Extreme Network -s, in writing, of a change of location for Covered Products to ensure I 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. Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Returning the defective FRU to an authoriz Extreme Networks repair facility. In the event that you fall to return the defective FRU within ten (10 business days of receipt of the replacement FRU, Extreme Networks reserves the right to invoice yo timely manner may result in the suspension of future advance hardware replacement service delivery from Extreme Networks. 0 Providing, at Customer's expense, reasonab access to the Product through the Internet or via modem to establish a data communication link I 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. MMIUMUMMM= 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 purchzse the require� Yersions *f the product to obt.zQ' support. Support for Application Software must be purchased separately under Software Subscription as defined in Extreme's then -current Price List, if 7,0 Assui-iij,,)tions reasonable efforts to ship, at its expense, a replaceab hardware FRU to arrive at the customer's designate )MM"MMM the parameters indicated in Appendix A. In certain "U m 'fo 'rs geographies, the customer may be responsible for th I cost of importing replacement product, including customs and duty fees. Please consult with Extreme Networks or your authorized Extreme Networks Attachment D Page 48 of 471 Page 396 of 1147 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 to conform to the customer's network size and/or to 0 FRU delivery is subject to the hours of 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. Operational Software upgrades may be obtained through Extreme Networks' Web site after the Covered Product that is registered. Use of Operational Software upgrades shall be subject to tht textris a.-tid co-tis of said so1ware. • Customer will maintain and backup all configuration data. 0 The terms and conditions of Extreme's Extreme Networks published terms and conditions, Extreme Networks published terms and conditions shall govern. Unless required for operational reasons and 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 8.0 Ex(,dusimis 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 !2urchase and Extreme reserves the right to chuge 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 performance of support and services are as posted consumable items. here. In the event of any conflict between the Extreme Networks shall only be obligated to support language in this Service Description Document and the then current revision of the Products and the Attachment D Page 49 of 471 Page 397 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. immediately prior revision. Support for any earlier 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 Networkm then-cuirent terms and conditions for such service subject to acceptance by Extreme Networks. I 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. Service availability is subject to geographical limitations, as advised by Extreme Networks upon reguest. Extreme Networks will have no obli ati n ti the customer's site is outside of the geographical zo of service availability. If the customer purcha 1 ses thiis 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 SCODe of this SDD and should No ordered separately. 0 Labor charges for reinstalling the customer's system Operational Software (operational or application) or end user configuration software, other than,�Y,hat is proY14,td in tht customtr's back-up 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 New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise outof-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 50 of 471 Page 398 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A ExtremeWorks Advance Hardware R.eplacvment Services Delu.verables 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 BMA'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 INXYI `- Nease clmfl< 111 IIIxnu eale 114,kvoro ,.s Scrvcc Anada ,,Ijj)i� 7 MffljX I'4)j- flial n)ay be, (',,"ckldect 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 399 of 1147 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 Netwol 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 1 1)o III tl'O [,!I' I Ixg Ile 11 u0,,yo IIs,(;ops for confirmation of service delivery availability. Extreme Networks provides parts at customer's designated location provided that Extreme Networks has validated a Hardware failure and a Return Material Authorization (RMA) number has been assigned. Four -Hour Advanced Hardware Ih-.­.0qmnrvwj6 0:�i*vmx6. �_�,r week, including Extreme Networks observed holidays. 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 ]trioritr,. level a- - lies,, then the case ]trioritig level assboned bit the customer w be used. However, a problem clearly belongs in a given case priori., tv 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 400 of 1147 Restore time Update Case Priority Response Time (Software fix or Frequency workaround) Attachment D Page 52 of 471 Page 400 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. C I: Customer's network segment or C1 — 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 1 day Daily management application. C3: Customer has issues that do not affect normal network or management application operation 8 hours 10 days 5 days and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate N/A N/A feature request Acknowledgment If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty TIM"- NMZ5 %,all Services tab from the Extreme. Networks home page. SUPPOft I -AIC ('..,YC]e Matrix Notification Levels C1 — 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 401 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks*'Return and Replace Service LO Service Overview Extreme Networks Return and Replace Service offering provides technical support, update and/or upgrade support, and return -to- factory parts r,,v)J5w,m,,wtj fir *#vronu� 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 zssistance for Extreme Networks hardware and Operational Software, 2.0 Service I evels 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 J" u-oubleshoodiig �L() fficIc"p,�ice,rJflc IJ�il Y") Io be rel,flace'd Iraw be p)Idcu- w rcqucs6lg 01f, rqflaccnc�wl FKUTIle a Ik"rva� sla0s a�lh"I- o-Cceij'fl o� de�Oc6ve, uiiuub �'�Iciwoi-ks. Y , , 3.0 AVradabflly ExtremeWorks Return and Replace Service, contracted for a defined period, are available gdobally from key business locations, subject to the conditions herein. Please refer to Appendix A for addition information on availability and restrictions by MEMM 4.0 Deliverables ExtremeWorks Return and Replace Service offering includes the following: 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, • 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. Return and Replace Service — provides customers the opportunity to return their defective part to Extreme Networks. A request for a 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 402 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Operational Software Updates and Upgrades — Customer is entitled to receive any Operational Software or Operational Software upgrades that 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 -"-ij­cIude­,o'1 wit'#, Vce -mr• — 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 accorda-cce witV Eytreptte Networts' Vieti-curreilit Price List (currently categorized as order code 97003). 5.0 Extrei-ric Nciwork.s R.espoi.isH-.)Hitics Extreme Networks is responsible for: • Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior to assignment of the RMA number. • Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant RMA numbers. • 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, provid 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. I 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 403 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 6,0 Customer R.esponsilbilities The Customer is responsible for: a 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. • Ensuring that the products are used and maintained in accordance with the applicable product documentation. • 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. a 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 ASSItniptions The following assumptions govern the delivery of ExtremeWorks Return and Replace service: 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 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 404 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. • Parts Repair and FRU delivery is subject to the hours of coverage and response times as identified in Appendix A. • 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. • Operational Software upgrades may be obtained through Extreme Network -s' 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. • Customer will maintain and backup all configuration data. • 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. a 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. • 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. 8.01: x(.dusions 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. 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. 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. • 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 405 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 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 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 Network -s, 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. A.pperi(,B A, R.CtUrri and R.eplacc DcHvcraMes 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 Set -vice 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 website. 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 406 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. .1 Apperidix B Case Severity arid Escalatiori (juidelines 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. Objectives Matrix. Restore Time Update Case Priority Response Time (Software Fix or Frequency Workaround) C 1: Customer's network segment or management C1 - 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 Flours 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. I Stipport life Cornu,luriicatiori Matrix Notification Levels C1 - 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 Flours 72 Hours 20 Days Executive Management (CTO/EVP Eng) 4 Hours None None Attachment D Page 59 of 471 Page 407 of 1147 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 vssistance for Extreme Networks hwdwaxe and Operational Software. 2.0 Service ]Levels ExtremeWorks On-site Services are available with the following response times depending upon offering purchased:* Service Order Code Service Levels Response Time ExtremeWorks Next Business 97011 Onsite Next Day Business Day ExtremeWorks 97008 Onsite — 24x7 240 - 4 Hours — 4 Hours �[ie fl,auhy Il.icpap p�q)4iccaWe IJii,d('IFRIJ") if) the I-epkiced ')c con '11' p:)nor W rulucsikn �IlIic 11 wpacnnllc,It FIZI-J''The a'es�)oise 6nie uMerval sUii-ts nii Ier I ic, (31'AlC" vah(]Wes i&ie cusl� wnieu`s re(pies� p'or MA 10 A,vailabdity ExtremeWorks On-site Services, contracted for a defined period, are available globally from key business locations, subject to the conditions herein. on availability and restrictions by geography. 4.01: elivcra tiles Each ExtremeWorks On-site Services offering includes the following: GTAC Technical Support — 24x7 telepho support that provides technical assistance with diagnosis of defect or failures in the Extreme Network -s hardware and Operational Software to conform to published documentation on Coveredli Products. Escalation Management — The GTAC is the escalation point for the customer for raising unsatisfactory conditions orimmediate concerns associated with the service quality on Covered Products. Please see Appendix B for additional detail. • Advanced Shipment — Extreme Networks provides for the advanced shipment of FRUs to the customer's contracted sites within the contract 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 Attachment D Page 60 of 471 Page 408 of 1147 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 times and diagnostic requirements. 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 asembedded 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: Su i)i)oO �'mAI:)p:fl�ca6oi­i So'wv,,uv pr-(Aucs, uuI(fluditug m 4u']ude lo 'Sjoaiise0 �i- �0 ���ior re�eas 4fl ,ne Applic�fl6o oft il ware. 'n-oducts, d avaflalflc, are u�oi u�iiiduded 41Ie F'o�-oulu'wod<s 0 -1 site servrccs. Wid �'or AppHc;,uIioi� Sorh)vtu-c inuM be ordcred sep,,,�raM)/ \)r,a E�,,nv�i�cWorks, iioflmaro Subscrip6oui servic.cs, oll'e6lgs r,Is fu rflicr �oii ��i Mce Lim (cunvMas ol-dell- cotkl 9700 '9, 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 documentation (iii) ability to log a case (iv) status view of outstanding RMAs. 5.0 1,.I'xtreiie Networks Respoii.sibilities Extreme Networks is responsible for: Assisting with fault diagnosis required to identify the FRU to be replaced and to occur prior ® Assigning an RMA number to each FRU to be replaced and notifying the customer of the relevant RMA numbers. • 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. 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 409 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. If Extreme Networks diagnoses that a reported for such product or product component based on the problem is due to non-conformance to published current list price. Failure to return defective parts in a specifications of a supported Operational Software 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 6.0 Custorner lZesponsibdides The Customer is responsible for: • Advising Extreme Networks, in writing, of any change of location for Covered Products to ensure proper dispatch and delivery. • 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. • 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. a Ensuring that the products are used and maintained in accordance with the applicable product documentation. 0 Returning the defective FRU to an authorizM Extreme Networks repair facility. In the event that 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. ® 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. 7.0 A,SSLffnp0(.)ris The following assumptions govern the delivery of ExtremeWorks On-site Services: • 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 you fail to return the defective FRU within ten (10) hours of coverage and response times as identified in business days of receipt of the replacement FRU, the Appendix. Extreme Networks reserves the right to invoice you Attachment D Page 62 of 471 Page 410 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. • 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. • 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 non-conformance of the Operational Software can be corrected. • On-site replacement means the replacement of an identified Extreme Networks -supplied defective FRU by a field technician using a like -for -like equivalent FRU (feature, fit, and function 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. ® 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. ® 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. • 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 411 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 8.0 Exclusions The following are completely out of the scope of j1W 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. ® 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 M_,U UU%,U111.AlLacion or wrien cause by customer's inability to use the products if the products are operating substantially in accordance with published specifications. • Service availability is subject to geographical limitations, as advised by Extreme Networks upon request. Extreme Networks will have no obligation to meet the response times outlined in the Appendix A if the customer's site is outside of the geographical zone of service availability. If the customer purchases this service for locations outside Extreme Networks advised geographical limitations, Extreme Networks will be required only to use commercially reasonable efforts to provide services as soon as practical after receipt of a request from the customer. ® Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. 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, ® 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. ® 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 412 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A: Appendix relating to the defective product by 2 p.m. in the time zone where your nearest Extreme Networks GTAC is Extre�'i-ieWork.s Oii.site Services I)t,.,,liverables 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 RIA'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 Set -vices are available, Extreme Networks must a)2)2rove the RMA Next Business Day Onsite is generally available in these geographical locations: Note: 11Veitse clbc,6< F17A Seo Occ Avad,,.A)d4y Nyams ­ux poi, iocau�ois a,i,',1y be C)wlcldcd North America: United State and Canada EMEA: Most European Union Countries, Switzerland and South Africa 0 LATAM: Argentina, Brazil, Columbia, Mexico 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 413 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix B Case Severity and Escalation Gifldeii�-ies 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 I eve] Objectives Matrix Restore Time Update Case Priority Response Time (Software Fix or Frequency Workaround) C I: Customer's network segment or management application is down or experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours perfori-nance impact with no immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network I hour 1 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. Attachment D Page 66 of 471 Page 414 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Support I..Afe ('ycie ('lomn-winication.. Matrix Notification Level # 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 415 of 1147 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. 10 Sc,_rvice I ,Cvek ExtremeWorks Software Subscription support has the following Services Order Code: # Managed Devices Service Levels 97003 Software Subscripti wid to k1c111H`Y VIie Jhu�ty F)eW Re�,flaceJfle Utfl� ("FIZU-) to be ii�cp,flac,cd nius,�, be coni�)Ieled p�6or M n:quc.sl�iig, (lie cpaccnmO F'RU, 3.0 A.vailabflity ExtremeWorks Software Subscription Service, contracted for a defined period, is available globally, subject to the conditions herein. 4.0 Deluvera,bles ExtremeWorks Software Subscription service offering includes the following: ® 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 throuRh Extreme Networks' Website after establishing a web account and are only available Extreme's standard published product documentation and suppoit/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. 1',011 0�,)cral�oiia] Soffivai,e l,)oducls, u11c�ude Attachment D Page 68 of 471 Page 416 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. m,Jor u) d initior re1,, a "CS �4 [�Iic ( )pe�-al Io S4011VVarc, protlucl.i, are iiioa mclut]ed WW') flie SW'twarr Su[Iscrip6ml serl�k"es, Suflls(;6p6w) aiid suppor� t'or Opera6otm� So0'm/arc iiiusp)c, ordered scpan,tlr�Iy iia Fxh-ctrc"'od,,s serN1,J("es, o`I'efiu'11�_4s, a.d'urfllci- ,)ulMk[ied Jor avafla[,)fli�y 6u Qiclra�oomrfl Sof'tware k d0itied as embe(16121d tlua k re.qUured to operwe ,,m Vdr�1,11]e r,icih)vorks, �icmou� de0ce atid d,s ol'ercd d6r sac �is a 11 i I'l �, 1 dusk�c compotlem. 0d'SUCII 1WRINVMV MINA/011< dcvico, 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 Extreme Networl<s R.cspwisR)ulities Extreme Networks is responsible for: 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 provide any Application Software fix for the reported non-conformance 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 CUSW,ricr R.cspomibilities The Customer is responsible for: • 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 Extreme Net -works (TAC engineer and provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 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 reported problem is due to non-conformance to must be purchased separately as defined in published specifications of a supported Application Extreme's then -current Price List, if available. Software version, then Extreme Networks will Attachment D Page 69 of 471 Page 417 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. • 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. 7.0Assuinj-.)tio�is 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. • 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. • 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. • 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 418 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. packs, software and all other supportable 8.0 Exclusioris 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. • 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. 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 419 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. annual hardware contract to the customer for consideration. 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. • 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 420 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Appendix A Casa Scvcrity and Escalation GuW6rics 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 I eve] ObJectives Matrix C2: Customer's network- is experiencing 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 8 hours 10 days 5 days operation and/or questions concerning product function or use. C4: Submission of a product enhancement /new Immediate N/A N/A feature request Acknowledgment If you do not believe that your support issue is being addressed to meet your business needs you may escalate your request by asking for the GTAC manager on duty ------ Services tab from the Extreme. Networks home page. Support I.Jf.e Cycle Cbrnia.i.unu catioii. Matrix Notification Levels Restore time Update Case Priority Response Time (Software fix or Frequency workaround) C1: Customer's network segment or Priority management application is down or experiencing a consistent, measurable 15 minutes 4 hours Up to 4 hours performance impact with no immediate resolution available C2: Customer's network- is experiencing intermittent failure or degradation of network or I hour I day Daily 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 /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 ------ Services tab from the Extreme. Networks home page. Support I.Jf.e Cycle Cbrnia.i.unu catioii. Matrix Notification Levels C1 — Critical C2 — High C3 — Medium Priority Priority Attachment D Page 73 of 471 Page 421 of 1147 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 422 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ExtremeWorks Software and Global Technical Assistance Center (GTAC) Service 1.0 Service Overview Extreme Networks Software and GTAC 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 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 ExtrerneWorks 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 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. • 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. See Appendix A for additional detail. 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 Extrerne Attachment D Page 75 of 471 Page 423 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Networks' then -current Price List (currently categorized as order code 97003). • 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 RIAs. 5.0 Extreme Networks Responsibilities Extreme Networks is responsible for: • 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 6.0 Customer Responsibilities The Customer is responsible for: • 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. • 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 y S Upported 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 (TAC Support: • 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. • 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 424 of 1147 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. 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. 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. 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. • Customer w i I I maintain and backup all configuration data. 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. ® 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 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, • 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 immediately prior revision. Support for any earlier versions or for other problems not covered Attachment D Page 77 of 471 Page 425 of 1147 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. 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 customers inability to use the products if the products are operating substantially in accordance with published specifications. • 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. • Services such as upgrades to hardware are excluded from the scope of this SDD and should be ordered separately. • The customer acknowledges that any hardware upgrades, improvements or changes required to install or use an Operational Software product major release or update or any part thereof are charged separately from and are in addition to the charges of the current contract. This service does not include support and maintenance of any third party software or hardware not provided by Extreme Networks. 0 This service does not include the repair or replacement of defective hardware, If Extreme Networks detennines 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. • This service offering and any subsequent service renewal is subject to the to and conditions of the applicable Extreme Networks Product End of Life and Support Plan End of Life policy. New releases and upgrades for Application Software, or software releases, updates or upgrades otherwise out -of -scope as defined herein. • 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 426 of 1147 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 Y Cl: Customer's network segment or management application is down or experiencing a consistent, 15 Minutes 4 hours Up to 4 hours measurable performance impact with no immediate resolution available C2: Customer's network is experiencing intermittent failure or degradation of network or management I Hour application, C3: Customer has issues that do not affect normal network or management application operation 8 Hours and/or questions concerning product function or use, C4: Submission of a product enhancement /new Immediate feature request Acknowledges 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 I Day Daily 10 Days 5 Days N/A N/A Notification Levels C1 - 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 427 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10 1110ma-11 Product Warranty Table Part Class Model Product Description Warranty End - Number of - Supp ort 10033 Summit Pwr Cord I OACEE 7/7CI3 Pwr Cord I OACEE No T 7/71EC32OC13 Warranty 10034 Summit Pwr Cord IOABS 1363C13 Pwr No CordlOABS1363[EC320 Warranty C13 10035 Summit Pwr Cord I OAB S546C 13 Pwr No Cord I OABS5461EC320C Warranty I 10036 Summit Pwr Cord I OAAS3112CI 3 Pwr No Cord I OAAS31121EC320 Warranty C13 10037 Summit Pwr Cord] OASEC101 IC13 Pwr No CordlOASECIOIIIEC320 Warranty C13 10038 Summit Pwr Cord I OACEI Pwr Cord I OACEI No 2316/VIIC 13 2316/VIIIEC32OC13 Warranty 10039 Summit Pwr CordIOAGB1002 Pwr Cord I OAGB 1002 1 Year YP03CI3 YP031EC32OC13 Warranty 10041 BD 8K Pwr CordIOANEMA Pwr CordlOANEMA I Year 515PC 13RA 515PIEC32OC13Right Warranty Angle 10042 BD 8K Pwr Pwr I Year Cord] 2AJISC8303CI3RA Cord I 2AJISC83 03 IEC32 Warranty OC 13RA 10043 BD 8K Pwr CordIOACEE Pwr CordlOACEE No 7/7CI3RA 7/71EC32OC13Right Warranty Angle 10044 BD 8K Pwr Pwr No Cord] OABS1363CI3RA CordlOABS13631EC320 Warranty CORight Angle 10045 BD 8K Pwr Pwr No CordIOABS546CI3RA Cord I OAB S5461EC3 20C Warranty 13RIght Angle 10046 BD 81 Pwr Pwr No Cord] OAAS3112C13RA Cord I OAAS31121EC320 Warranty CORight Angle Attachment D Page 80 of 471 Page 428 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10047 BD 8K Pwr Pwr No Cord10ASEC1011C13RA Cord1OASECI0IIIEC320 Warranty CORight Angle 10048 BD 8K Pwr CordIOACEI Pwr Cord I OACE1 No 2316/VIIRA 2316/VIIIEC320C ORight Warranty Angle 10049 BD 8K Pwr Cord I OA GB 1002 Pwr Cord I OAGB 1002 1 Year YP03CI3RA YP031EC32OC13RA Warranty 10058 Optics I OOBASEBXD BiDi SFP IOOBASEBXD I Year Bidirecttion Downstream Warranty SFP module SMF 10kru link LCconnector for Fast Ethernet SFP Port 10059 Optics IOOBASEBXU BIDI SFP I OOBASEBXU I Year Bidirecttion Downstream Warranty SFP module SMF 10krn link LCconnector for Fast Ethernet SFP Port 10060 Optics IOOFX/1000LX miniGBIC MiniGBIC SFP dualspeed I Year 100 LX / 1000 LX LC Warranty connector 10061 Summit Pwr CordIOANEMA Pwr CordIOANENIA I Year 515PC 13 515PIEC320C13 Warranty 10062 Summit Pwr Cord I 2AJISC8303C 13 Pwr I Year Cord I 2AJISC83 03 IEC32 Warranty OCC 10063 Optics IOOFX miniGBIC Module MiniGBIC SFP lOOFX I Year MMF LC connector Warranty 10065 Optics 10/100/1000BASET SFP 10/100/1000BASET SFP I Year module CATS cable I OOm Warranty link RJ45coririector for Giga Bit Ethernet SFP Port. 10066 Optics IOOBASELXIO SFP IOOBASELXIO SFP I Year module SMF I Okm link Warranty LCconnector for Fast Ethernet SFP Port, 10067 Optics I OOBASFFX SFP I OOBASEFX SFP module I Year MMF 2km link Warranty LCconnector for Fast Ethernet SFP Port, Itemp 10088 BD 8K Pwr Cord I OANEMA Power Cord I OANEMA I Year L615PC 13RA L615P[EC32OC13Right Warranty Angle Attachment D Page 81 of 471 Page 429 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10089 Summit PWR Power Cord I OA No CORD I OAAUSAS3112CI AUSTRALIA AS3112 Warranty 5 IEC32OC15 10090 Summit PWR CORD IOACHINA Power Cord I OA CHINA No GB 1002 6131002 Warranty 10092 Summit PWR Power Cord 10A SOUTH No CORDIOASASABS164/IC AFRICA SABS 164/1 Warranty 15 IEC320CI5 10093 Summit PWR Power Cord I OA No CORD I OADE NMARKSR DENMARKSRAF Warranty AFCI 5 IEC32OC15 10094 Summit PWR Power Cord I OA No CORD I OAEUROPECEE7 EUROPE CEE7 Warranty C15 IEC32OC15 10095 Summit PWR Power Cord 12A BRAZIL No CORD 12ABRNBRI4136C NBR14136 IEC32OC15 Warranty 15 10096 Summit PWR Power Cord 10A UK BS No CORDIOAUKBS1363CI5 1363 IEC32OC15 Warranty 10097 Summit PWR Power Cord 10A SWISS No CORD I OASWISSSEVI 0 1 SEV101 I IEC32OC15 Warranty IC15 10098 Summit PWR Power Cord 12A JAPAN No CORD] 2AJAPANJIS8303 :IIS 8303 IEC32OC15 Warranty C15 10099 Summit PWR Power Cord 15A USA No CORD I 5AUSANEMA515 NEMA 515 IEC32OC15 Warranty C15 10100 Summit PWR CORD15A Power Cord 15A No ROW/USA C14CI5 ROW/USA Jumper Warranty TEC320C141EC32OC15 10121 Optics SR XFP Module I OGBASESR XFP LC I Year Connector Warranty 10122 Optics LR XFP Module IOGBASELR XFP LC I Year Connector Warranty 10124 Optics ER XFP Module I OGBaseER XFP 40km I Year reach LC connector Warranty 10125 Optics ZR XFP module 10 Gigabit Ethernet XFP I Year module 1550nm SMF Warranty 80kra LC connector 10200 Optics Tunable DWDM XFP 10 G1 gabit Ethernet XFP I Year Tunable DWDM module Warranty Cband SMF 80km LC connector Attachment D Page 82 of 471 Page 430 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10202 Optics Im QSFP+ to 4xSFP+ 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 SFP+ I Year fimout26 AWG fanout copper cable 26 Warranty AWG 2m length. 10301 Optics SR SFP+ module 10 Gigabit Ethernet SFP+ I Year module 850nm MMF Warranty 26300m link LC connector 10302 Optics LR SFP+ module 10 Gigabit Ethernet SFP+ I Year module 13 1 Orun SMF Warranty lOkm link LC connector 10303 Optics LRM SFP+ module LRM SFP+ ModuleO I Year Gigabit Ethernet SFP+ Warranty module 131 Onm MMF 220m link LC connector 10304 Optics Im SFP+ Cable 10 Gigabit Ethernet SFP+ I Year passive cable assembly Warranty 1 length, 10305 Optics 3m SFP+ Cable 10 Gigabit Ethernet SFP+ I Year passive cable assembly Warranty 3m length. 10306 Optics 5m SFP+ Cable 10 Gigabit Ethernet SFP+ I Year passive cable assembly Warranty 5m length. 10307 Optics lOrn SFP+ Cable 10 Gigabit Ethernet SFP+ I Year passive cable assembly Warranty I Orn I ength. 10309 Optics ER SFP+ module 10 Gigabit Ethernet SFP+ I Year module 1550nm SMF Warranty 40km link LC connector 10310 Optics ZR SFP+ module 10 Gigabit Ethernet SFP+ I Year module 1550nm SMF Warranty 80krn LC 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 I m QSFP+ Passive Copper 40 Gigabit Ethemet I Year Cable QSFP+ passive copper Warranty cable assembly I m 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 431 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10315 Summit 10m QSFP+ Active Optical 40 Gigabit Ethernet I Year Cable QSFP+ active optical Warranty cable assembly 10m length. 10316 Summit 20m QSFP+ Active Optical 40 Gigabit Ethernet I Year Cable QSFP+ active optical Warranty cable assembly 20m length. 10318 Summit 100m QSFP+ Active 40 Gigabit Ethernet I Year Optical Cable QSFP+ active optical Warranty cable assembly 100m length. 10319 Optics QSFP+ SR4 Module 40 Gigabit Ethernet I Year QSFP+ SR4 optical Warranty module MPO connector 100m. link length. 10320 Optics QSFP+ 40GBASELR4 40 Gigabit Ethernet I Year QSFP+ LR4 optical Warranty module LC connectors 10krn SMF link length 10321 Summit QSFP+ 4xSFP+ fanout cbl QSFP+ to 4 x SFP+ I Year 3m fanout copper cable 3m, Warranty 10322 Summit QSFP+ 4xSFP+ fanout cbl QSFP+ to 4 x SFP+ I Year 5m fanout copper cable 5m Warranty 10323 Summit 5m QSFP+ Passive Copper 40 Gigabit Ethernet I Year Cable QSFP+ passive copper Warranty cable assembly 5m, length. 10325 Optics Tunable DWDM SFP+ 10 Gigabit Ethernet SFP+ I Year Tunable D module Warranty SMF 80km LC connector 10326 Optics QSFP+ PSM Optical QSFP+ (4X10GBASE) I Year Module breakout optical module Warranty MPO connector l0krn SMF link length 10327 Optics MPO to 4xLC breakout MPO to 4 x LC breakout I Year patch cable SM 10m patch cable SingleMode Warranty lorn 10328 Summit 3rd Party Optics Lic ExtremeXOS 3rd Party No X480/X460 Optics (40ExtremeXOS Warranty 3rd Party Optics (40G and 100G) FeaturePack for X460G2 X480 10329 Optics 40G ­b BiDi MMF QSFP+ 40Gb Bidirectional MMF I Year 100m OM3 QSFP+ LC Warranty 10330 Optics CFP2 I OOGBASELR4 100 Gigabit EthemetLR4 I Year module CPF2 optical module LC Warranty Attachment D Page 84 of 471 Page 432 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 85 of 471 Page 433 of 1147 connector I Okm SMF link length 10331 Optics CFP2 I 00GBASESR10 100 Gigabit EthernetSR10 I Year module CPF2 optical module Warranty MPO connector loom link length 10332 Optics MP04xLC patch cable MPO to 4xLCbreakout I Year OM4 5m patch cable OM4 MMF Warranty 5m 10334 Optics 40Gb LM4 QSFP+ 40Gb LM4 140m OM3 I Year MMF I Km SRIF QSFP+ Warranty LC 10335 Optics 40Gb ER4 QSFP+ 40Gb ER4 40KSMF I Year QSFP+ LC Warranty 10336 Optics 3m QSFP+ Active Optical 40 Giizabit Ethernet I Year Cable QSFP+ active optical Warranty cable assembly 3m length 10337 Optics 5m QSFP+ Active Optical 40 Gigabit Ethernet I Year Cable QSFP+ active optical Warranty cable assembly 5m length 10338 Optics IOGb SFP+ IOGBASET IOGb SFP+ IOGBASET I Year RJ45 30m with Cat6a Warranty 10345 Optics MPO patch cable OM3 3m MPO to MPO Patch cable I Year 12 fiber pitiless Warranty MPO/MTP connectors OM3 MMF Type B 3m 10346 Optics MPO patch cable OM3 MPO to MPO Patch cable I Year loom 12 fiber pitiless Warranty MPO/MTP connectors OM3 MMF Type B I 00in 10401 Optics 104Gb QSFP28 SR4 MMF 10OGb 100GBASESR4 I Year 70m OM3 / I 00m OM4 Warranty MMF QSFP28 MPO 10403 Optics I 00Gb QSFP28 LR4 I Okm I 00Gb I 00GBASELR4 I Year 10kin SMF QSFP28 LC Warranty 10404 Optics I 00Gb QSFP28 CWDM4 I OOGb CWDM4 2km I Year SMF QSFP28 LC Warranty 10405 Optics I 00Gb QSFP28 PSM4 104Gb PSM4 2krn SMF I Year QSFP28 MPO Warranty 10406 Optics 10OGb SWDM4 MMF 10OGb QSFP28 SWDM4 I Year 75m OM3 / I 00m OM4 Warranty MMF LC 10410 Optics I OOCTb DAC 10OGb QSFP28QSFP28 I Year QSFP28QSFP28 0.5m Direct attach passive Warranty copper cable 0.5m Attachment D Page 85 of 471 Page 433 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10411 Optics 100CIb DAC 100Gb QSFP28QSFP28 I Year QSFP28QSFP28 lm Direct attach passive Warranty copper cable I ru 10413 Optics 100Gb DAC 100Gb QSFP28QSFP28 I Year QSFP28QSFP28 3m Direct attach passive Warranty copper cable 3m 10414 Optics 100Gb DAC 100Gb QSFP28QSFP28 I Year QSFP28QSFP28 5m Direct attach passive Warranty copper cable 5m 10421 Optics 100Gb DAC 100Gb QSFP284 x SFP28 I Year QSFP284xSFP28 1i _ (4x25Gb) Direct attach Warranty passive copper breakout IM 10423 Optics 100Gb DAC 100Gb QSFP284 x SFP28 I Year QSFP284xSFP28 3m (4x25Gb) Direct attach Warranty passive copper breakout 3m 10424 Optics 100Gb DAC 100Gb QSFP284 x SFP28 I Year QSFP284xSFP28 5m (4x25Gb) Direct attach Warranty passive copper breakout 5m 10426 Optics 100Gb DAC 100Gb QSFP282 x I Year QSFP282xQSFP28 Im QSFP28 (2x50Gb) Direct Warranty attach passive copper breakout Im 10428 Optics 100Gb DAC 100Gb QSFP282 x I Year QSFP282xQSFP28 3m QSFP28 (2x50Gb) Direct Warranty attach passive copper breakout 3ni 10434 Optics 100Gb AOC QSFP28 51n I OOCTb QSFP28QSFP28 I Year Active optical cable 5m Warranty 10435 Optics I OOGb AOC QSFP28 7m I OOGb QSFP28QSFP28 I Year Active optical cable 7m Warranty 10436 Optics 100Gb AOC QSFP28 10m 100Gb QSFP28QSFP28 I Year Active optical cable 10m Warranty 10437 Optics 100Gb AOC QSFP28 20m 100Gb QSFP28QSFP28 I Year Active optical cable 20m Warranty 10441 Optics 100Gb AOC QSFP28 x 4 100(lb QSFP28 4xSFP28 I Year SFP28 5m (4x25Gb) Active optical Warranty breakout cable 5m 10442 Optics 100Gb AOC QSFP28 x 4 100Gb QSFP28 4xSFP28 I Year SFP28 7m (4x25Gb) Active optical Warranty breakout cable Tru 10443 Optics I OOGb AOC QSFP28 x 4 1 OOGb QSFP28 4xSFP28 1 Year SFP28 lOrn (4x25Gb) Active optical Warranty breakout cable I Om Attachment D Page 86 of 471 Page 434 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10444 Optics 100Gb AOC QSFP28 x 4 100Gb QSFP28 4xSFP28 I Year SFP28 20m (4x25Gb) Active optical Warranty break-out cable 20m 10446 Optics 100Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 5m QSFP28 (2x50Gb) Active Warranty Optical Breakout Cable 5m 10447 Optics 100Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 7m QSFP28 (2x50CTb) Active Warranty Optical Breakout Cable 7m 10448 Optics 100Gb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 10m QSFP28 (2x50Gb) Active Warranty Optical Breakout Cable lorn 10449 Optics 10OGb AOC 100Gb QSFP28 2 x I Year QSFP282xQSFP28 20m QSFP28 (2x50Gb) Active Warranty Optical Breakout Cable 20m 10501 Optics 25Gb SFP28 SR MMF 25Gb SFP28 I Year 25GBASESR 70m OM3 l Warranty 100m OM4 MMF LC 10502 Optics 25Gb SFP28 SR LiteFEC 25Gb SR LiteFEC 50m I Year MMF OM3 / 70m OM4 RSFEC Warranty 70m OM3 / 100m OM4 MMF LC 10503 Optics 25Gb SFP28 ESR MMF 25Gb SFP28 ESR I Year extended range 300m Warranty OM3 / 400m OM4 MMF LC 10504 Optics 25Gb SFP28 LR 10kni 25Gb SFP28 LR 10km I Year SMF SMF LC Warranty 10506 Optics QSFP28 SFP28 Adapter QSFP28 SFP28 Slot I Year Adapt r Warranty 10520 Optics 25Gb DAC SFP28SFP29 25Gb SFP28SFP28 I Year IM Passive Copper Direct Warranty Attach Cable lm 10521 Optics 25Gb DAC SFP28SFP28 25Gb SFP28SFP28 I Year 3m Passive Copper Direct Warranty Attach Cable 3m 10522 Optics 25Gb DAC SFP28SFP28 25Gb SFP28SFP28 I Year 5m Passive Copper Direct Warranty Attach Cable 5m 10530 Optics 25Gb AOC SFP28SFP28 25Gb SFP28SFP28 I Year 10m Active Optical Cable 10m Warranty Attachment D Page 87 of 471 Page 435 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10531 Optics 25Gb AOC SFP28SFP28 25Gb SFP28SFP28 I Year 20m, Active Optical Cable 20m Warranty 10911 Summit EPS500 External AC PSU External Power System Limited 03/31/ 500 Watts with cable Lifetime 2022 Warranty with express Advanced I lardware Replacern ent 10916 Summit Summit X650/X480 FAN FAN module for Summit I Year module X650 and Summit X480 Warranty series switches spare 10917 Summit Summit 450W AC PSU FB 450W AC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10918 Summit Summit 450W DC PSU FB 450W DC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10923 Summit RPS500p External PoE+ Redundant Limited Power Supply Unit 500 Lifetime Watts with cable Power Warranty cord ordered separately with express Advanced Hardware Replace rn ent 10925 Summit Summit 550W AC PSU FB 550W AC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10926 Summit Summit 550W DC PSU FB 550W DC Power Supply I Year module for Summit Warranty switches FronttoBack airflow 10927 Summit Summit 550W AC PSU BF 550W AC Power Supply I Year module for Summit Warranty switches BacktoFront airflow 10928 Summit Summit 550W DC PSU BF 550W DC Power Supply I Year module for Summit Warranty Attachment D Page 88 of 471 Page 436 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 89 of 471 Page 437 of 1147 switches BacktoFront airflow 10931 Summit Summit 750W PoE AC 750W PoE AC Power Limited PSU Supply Module Lifetime Warranty with express Advanced Hardware Replacem ent 10932 Summit RPS150 XT External Redundant I Year Power Supply Unit 150 Warranty Watts with cable Extended Temparture Range from 0 to +60 degrees Celsius Power cord ordered separately 10933 Summit Summit 30OW +24V/48V 30OW +24V / 48V DC Limited DC PSU Power Supply Module for Lifetime the X460 and the E4G400 Warranty platforms with express Advanced I hardware Replacem ent 10935 Summit Summit X460 FAN Module FAN Module for Summit Limited 12/31/ X460 Series Switches Lifetime 2022 spare Warranty with express Advanced Hardware Replacem ent 10936 Summit EPSC2 External Power System I Year Chassis 2. Accepts up to Warranty three Summit 750W AC PoE PSU 48V power supplies. Accepts up to 5 EPSCBL2x7 or up to I EPSCBL2x9 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 437 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 90 of 471 Page 438 of 1147 Summit X440 or X450G2 for providing redundant power 10940 Summit EPS Cable 2x9 External Power System I Year 11/01/ (EPS) Cable (with 2x9 Warranty 2023 pin) that connects EPS to a X250e48p or a X450e48p for providing additional DC power. 10941 Summit Summit I I OOW AC PSU 1100 Watt AC PoE Power Limited FB Supply module with Lifetime FronttoBack airflow Warranty with express Advanced Hardware replacem ent 10942 Summit Sir it I I OOW AC PSU I 100 W AC Power Supply Limited BF Module back to front Lifetime airflow Warranty with express Advanced Hardware replacem ent 10943 Summit Summit 30OW AC PSU BF 30OW AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware replacem ent 10944 Summit Summit 30OW DC PSU BF 30OW DC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware replacem ent Attachment D Page 90 of 471 Page 438 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10945 Summit Summit Fan module FB Fan Module for Summit Limited X460G2/X450G2 Series Lifetime Switches front to back Warranty airflow with express Advanced I lardware Replacem ent 10946 Summit Summit X46002 Fan FAN Module for Summit Limited module BF X460G2 Series Switches Lifetime back to front airflow Warranty with express Advanced Hardware Replacem ent 10947 Summit C5 to C14 Converter Power dangle for No converting an Il C C5 Warranty 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 2.5AGB1002 Pwr Cord 2,5AGB1002 No IEC320C5 IEC320C5 for China Warranty 10950 E4G E4G 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 ASTEC AC/DC Adapter Model AD10048P3 (4Pin), 10951 Summit Summit 715W PoE AC 715W AC PoE Power Limited PSU FB Supply Module with front Lifetime to back airflow Warranty with express Advanced Hardware Replacem ent Attachment D Page 91 of 471 Page 439 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 10952 Summit Summit 715W AC` PSU BF 715W AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Hardware Replacem ent 10953 Summit 350W AC PSU FB 350W AC Power Supply Limited Module front to back Lifetime airflow Warranty with express Advanced Hardware Replacem ent 10954 Summit 350W AC PSU BF 350W AC Power Supply Limited Module back to front Lifetime airflow Warranty with express Advanced Il rdware Replacem ent 10958 Summit HDX to FDX Converter External converter for the Limited ROW international market that Lifetime can use a CEE 7/1 plug to Warranty connect up to four with halfduplex devices to four express hill duplex switch ports. Advanced Does NOT support Hardware PoEpass through. External Replacem power supply and cord ent with CEE 7/1 plug included 10959 Summit f IDX to FDX Converter External converter for the Limited NA North American market to Lifetime connect up to four Warranty halfduplex devices to four with full duplex switch ports. express Does NOT support Advanced PoEpass through. External Hardware power supply and cord Attachment D Page 92 of 471 Page 440 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 93 of 471 Page 441 of 1147 with NEMA 115P plug Replacern included ent 10960 Summit PSU55Wx40.2Tx322Lmm7 770W AC power supply I Year 70WACFB FronttoBack airflow Warranty 10961 Summit PSU55Wx40.2Tx322Lmm7 770W AC power supply I Year 70WACBF BacktoFront airflow Warranty 10962 Summit PSU55Wx40.2Tx322Lmm1 I I OOW DC power supply I Year IOOWDCFB FronttoBack airflow Warranty 10963 Summit PSU55Wx40.2Tx322Lmm1 I I OOW DC power supply I Year 100WDCBF BacktoFront airflow Warranty 10965 Smart LRM/MACsec Adapter ExtremeS witching I Year OmmEdge LRM/MACsec Adapter Warranty Switching two SFP+ network ports (unpopulated) and two host cables with integrated SFP/SFP+ transceivers for host switch connection 10966 Smart 5 Unit Rack Mount Kit Optional multi unit rack I Year Omni Edge LRM/MACsec Adapter Mount bracket for Warranty Switching LRM/MACsec Adapter. Holds five units in IRU 11011 Summit Direct Attach Feature Pack Direct Attach Feature Software Pack for Summit Warranty X450a/X460/X460G2/X4 80 X650 X670/X670G2 X770 and BlackDiarnond 8800 X Series 12101 Summit ReachNXT 1008t 8 10/100BASETX I Limited Gigabit combo ports (I Lifetime unpopulated Gigabit SFP Warranty - and 10/100/1000BASET) 10 Business Day Ship 12102 Summit ReacbNXT 1008t AC Optional AC power I Year 12/31/ Power Adapter adapter with 3 attachable Warranty 2023 power pins/plugs AC input 100240V 50/60112 Max 0.5A DC output 12V 1.25A 12103 Summit ReachNXT 1008t Mounting I pair of magnets and 1 1 Year Kit metal mounting plate for Warranty placing the ReachNXT 10081 product underneath a table or on a wall Attachment D Page 93 of 471 Page 441 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15710 Wireless Summit WM3700 WLAN Summit WM3700 WLAN I Year 06/30/ Controller controller with 4xGE Warranty 2020 Cu/SFP ports I xFE management port and Ix serial console port. I las I CF card slot 2 USB slots. Can manage up to 1024 Access Points. AP capacity and feature licenses sold separately. Power cord sold separately. 15711 Wireless 16AP Lie for Summit 16 AP capacity license for Software 06/30/ WM3700 Summit WM3700 Warranty 2020 controller. Shipped as a voucher. 15712 Wireless 64A Lie for Summit 64 AP capacity license for Software 06/30/ WM3700 Summit WM3700 Warranty 2020 controller. Shipped as a voucher. 15713 Wireless RT ,S Lie for Summit Real Time Location Software 06/30/ WM3700 System (IST ,S} feature Warranty 2020 upgrade license for Summit WM3700 controller. Enables the API between the RT ,S engine in controller and 3rd party RTLS application. 15714 Wireless Summit WM3600 WLAN Summit WM3600 WLAN I Year 06/30/ Controller controller with lx GE Warranty 2020 Cu/SFP Uplink port 8x GE PoE ports Ix FE Mg port Ix USB 2.0 Ilost Ix ExpressCard Slot Ix PCIX Ix Serial Port 2 USB slots. Can manage up to 256 APs. Licenses sold separately. Power cord sold separately. 15715 Wireless 16 AP Lie for Summit 16 AP capacity license for Software 06/30/ WM3600 Summit WM3600 Warranty 2020 controller. Shipped as a voucher. Attachment D Page 94 of 471 Page 442 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15716 Wireless RTLS Lie for Summit Real Time Location Software 06/30/ WM3600 System (RTLS) feature Warranty 2020 upgrade license for Summit WM3600 controller. Enables the API between the RTLS engine in controller and 3rd party RTLS application. 15717 Wireless Summit WM3400 WLAN Summit WM3400 WLAN I Year 06/30/ Controller controller with 5xGE Warranty 2020 PoE+ LAN ports I xGE WAN port and 1x serial console port. Includes Ix ExpressCard Slot and Ix US13 port. Bundled with support for 6 Access Points. Includes universal AC power module. Region specific power cord for power module sold separately. Requires Summit WM3000 series software R4.2 or above 15718 Wireless 256 AP Lie for Summit 256 AP capacity license Software 06/30/ WM3700 for Summit WM3700 Warranty 2020 controller. Shipped as a voucher 15719 Wireless 64 AP Lie for Summit 64 AP capacity upgrade Software 06/30/ WM3600 license for Summit Warranty 2020 WM3600 controller. Shipped as a voucher with instructions on logging to the Extreme License server and generating the license key 15724 Wireless Altitude 46101JS abgn 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 W 300 series controller running software R4.2 or above. Includes internal omnidirectional antennas. Attachment D Page 95 of 471 Page 443 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 96 of 471 Page 444 of 1147 Suitable for wall or below ceiling mount to TBars with bUiltin mounting brackets. IEEE 802.3af PoE powered or use a suitable nudspan PoE injector 15725 Wireless Attitude 4610ROW abgn Altitude 4610 dualradio Limited 06/30/ InAn AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for Rest of Warranty the World regulatory Wing domainexcept Israel. Has one 10/10011000 PoE port. Managed by Summit W 300 series controller running software 114.2 or above. Includes internal omnidirectional antennas. Suitable for wall or below ceiling mount to TBars with bUiltin mounting brackets. IEEE 802.3af PoE powered or use a suitable nudspan PoE injector 15727 Wireless Altitude 4610EU abgn Altitude 4610 dualradio Limited 06/30/ InAn AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for European Warranty Union regulatory domain. Wing Has one 10/100/1000 PoE port. Managed by Summit W 300 series controller running software 124.2 or above. Includes internal omnidirect 15730 Wireless Altitude 4620US abgn Altitude 4620 dualradio Limited 06/30/ ExAn AP 802.11 a/b/g/n indoor Lifetime 2020 Access Point for US Warranty regulatory domain. Has Wing one 101100/ 1000 PoE port. Managed by Summit W 300 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 444 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 97 of 471 Page 445 of 1147 wall or above the ceiling mount with builtin mounting brackets. Comes with a light pipe to display LED activity below the drop down ceiling. IEEE 802.3af PoE powered or use a suitable midspan PoE injector 15731 Wireless Altitude 4620ROW abgn Altitude 4620 dualradio I Year 06/30/ ExAn AP 802.11 a/b/g/n indoor Warranty 2020 Access Point for Rest of the World regulatory domainexcept Israel. Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable external omnidirectional antennas. Plenum rated. Suitable for wall or above the ceiling mount. Comes with a light pipe to display LED activity below the drop down ceiling. IEEE 802.3af PoE powered or use a suitable dspan PoE injector 15734 Wireless 3G Lie for Summit 3G feature upgrade Software 06/30/ WM3600 license for Summit Warranty 2020 WM3600 controller. Enables the operation of an approved 3G card plugged into the express card slot in Summit WN13600. 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 445 of 1147 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 I x 10/100/1000 PoE port. Managed by Summit WM3000 series controllers. Powered by 802.3af of or by use of an optional PoE injector. 15736 Wireless AdvSecurity Lie for Advanced Security feature Software 06/30/ WM3600 upgrade license for Warranty 2020 Summit WM3600 controller. Enables Role Based Firewall Configuration and increases number of IPSEC VPN tunnels from 100 to 1024. Shipped as a voucher. 15737 Wireless AdvSecurity Lie for Advanced Security feature Software 06/30/ WM3700 upgrade license for Warranty 2020 Summit WM3700 controller. Enables Role Based Firewall Configuration and increases number of 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 WM3400 controller and the power module to a 19 rack. Optional accessory 15749 Wireless Altitude 4621 ROW abgn Altitude 4621 singleradlo 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 oninidirectional paddle antennas and Ix Attachment D Page 98 of 471 Page 446 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 99 of 471 Page 447 of 1147 10/100/1000 PoE port. Plenum rated. Managed by Summit WM3000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15750 WING Altitude 4710EU abgn Altitude 4710 dualradio Limited 06/30/ Wireless DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the European Union Wing regulatory domain. Includes an RJ45 console port and 2x GE data portsGE I is a PoE port GE2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE injector. 15751 Wireless Altitude 471 OUS abgn Altitude 4710 dualradio Limited 06/30/ DualRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the US regulatory domain. Wing Includes an RJ45 console port and 2x GE data portsGE1 is a PoE port GE2 is an upfink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3000 series controllers. Powered by 802.3af/at PoE or by use of an optional external Attachment D Page 99 of 471 Page 447 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 100 of 471 Page 448 of 1147 power supply or PoE injector. 15752 Wireless Attitude 47 1 ORO W abgn Altitude 4710 dualradjo 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 t is a PoE port GE2 is an uplink/WAN port, Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas, Managed by Summit WM3000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE injector. 15753 WING Altitude 4750US abgn Altitude 4750 triradio Limited 06/30/ Wireless TriRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the US regulatory domain. Wing Third radio functions as a sensor only. Includes an 8.145 console port and 2x GE data portsGE I is a PoE port GE2 is an uplink/WAN port. Plenum rated. Antenna not inctudedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3000 series controllers. Powered by Attachment D Page 100 of 471 Page 448 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 101 of 471 Page 449 of 1147 802.3af/at PoE or by use of an optional external power supply or PoE injector. 15754 Wireless Attitude 4750ROW abgn Altitude 4750 triradio Limited 06/30/ TriRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the Rest of World Wing regulatory domainexcluding Israel. Third radio functions as a sensor only. Includes an RJ45 console port and 2x GE data portsGE I is a PoE port GE2 is an uplink/WAN port. Plenum rated, Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE injector. 15755 Wireless Facade Antenna for 4700 Integrated snapon I Year 06/30/ AP dualband omnidirectional Warranty 2020 facade antenna for 4700 series Access Points, Snaps over the AP housing and the wires are connected to the antenna ports on the AP, Antenna gain 3dBi/5dBi on 2.4/5 GHz bands, 15757 Wireless Attitude 4611 US abgn Attitude 4611 singleradio Limited 06/30/ ImAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the US Warranty regulatory domain. Wing Includes an internal Attachment D Page 101 of 471 Page 449 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 102 of 471 Page 450 of 1147 onmidirectional antenna and Ix 10/100/1000 PoE port. Managed by Summit WM3000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15758 Wireless Attitude 462 1 US abgn Altitude 4621 singleradio Limited 06/30/ ExtArit 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the US Warranty regulatory domain. Wing Includes 3x detachable external omnidirectional paddle antennas and Ix 10/100/1000 PoE port. Plenum rated. Managed by Summit WM3000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15759 Wireless Altitude 4750EU abgn Altitude 4750 triradio Limited 06/30/ TriRadio 802.11 a/b/g/n indoor Lifetime 2020 adaptive Access Point for Warranty the European Union Wing regulatory domain. Third radio functions as a sensor only. Includes an RJ45 console port and 2x GE data portsGEI is a PoE port GE2 is an uplink/WAN port. Plenum rated. Antenna not includedmust separately purchase either a facade antenna or up to 6 paddle antennas. Managed by Summit WM3000 series controllers. Powered by 802.3af/at PoE or by use of an optional external power supply or PoE injector. Attachment D Page 102 of 471 Page 450 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15760 Wireless Altitude 4611 E U 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 I lardware and Ix 10/100/1000 PoE Replacem port. Managed by Summit ent WM3000 series controllers. Powered by 802.3af of or by use of an optional PoE injector. 15761 WiNG AP4511 Wallplate AP US Altitude AP4511 Single Limited 06/30/ Wireless radio 8 02. 11 a/b/g/n Wall Lifetime 2020 Plate Access Point. 2x2 Warranty MIM(. 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 802.1 la/b/g/n Lifetime 2020 WallPlate Access Point. Warranty 2x2 MIMO. Low profile. Wing One Fast Ethernet PoE uplink port one Fast Ethernet LAN port included. Rest of World (ROW) regulatory domai n. 15764 Wireless AP4532i int ant US 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 US Altitude AP4532e Limited 06/30/ Wireless external antenna Access Lifetime 2020 Point for indoor Warranty installations for sale in the Wing USA 15768 WiNG AP4532e ext ant ROW Altitude AP4532e Limited 06/30/ Wireless external antenna Access Lifetime 2020 Point for indoor Attachment D Page 103 of 471 Page 451 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 104 of 471 Page 452 of 1147 installations for sale Warranty worldwide Wing 15770 Wireless Altitude 4621EU abgn Altitude 4621 singleradio Limited 06/30/ ExtAnt 802.11 a/b/g/n indoor thin Lifetime 2020 Access Point for the Warranty European Union with regulatory domain. express Includes 3x detachable Advanced external omnidirectional hardware paddle antennas and Ix Replace 10/ 100/ 1000 PoE port. ent Plenum rated. Managed by Summit WM3000 series controllers. Powered by 802.3af PoE or by use of an optional PoE injector. 15771 Wireless Summit WM3411 US Summit WM3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.11 abgn radios. For the US Regulatory Domain 15772 Wireless Summit WM3411 WW Summit WM3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.1 labgn radios. For the Rest of World Regulatory Domain. 15774 Wireless Facade Antenna for 3x3 MlMo Facade I Year 06/30/ WM3411 Antenna for the Summit Warranty 2020 WM3411 Wireless Controller 15776 Wireless Altitude 4620EIJ abgn Altitude 4620 dualradic, Limited 06/30/ ExAn AP 8 02. 11 a/b/g/n indoor Lifetime 2020 Access Point for European Warranty Union regulatory domain. Wing Has one 10/100/1000 PoE port. Managed by Summit WM3000 series controller running software R4.2 or above. Includes 6x detachable externa Attachment D Page 104 of 471 Page 452 of 1147 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 Tbar Warranty 2020 mount for 46xx 47xx Access Points I Pack 15778 Wireless 6AP he upgrade 6 Wireless AP license Software 06/30/ WM34003411 upgrade for the Summit Warranty 2020 WM3411 WM3400 15779 Wireless Adv WIPS for Advanced WINS upgrade Software 06/30/ WM34003411 for Summit Warranty 2020 WM340OWM3411 15780 Wireless Adv WIPS license for Advanced WIPS upgrade Software 06/30/ WM3600 for WM3600 Warranty 2020 15781 Wireless Adv WIPS license for Advanced WIPS upgrade Software 06/30/ WM3700 for WM3700 Warranty 2020 15782 WING AP4511 Wallplate AP EU Attitude AP4511 Single Limited 06/30/ Wireless radio 8 02 . I I a/b/g/n Lifetime 2020 WallPlate Access Point. Warranty 2x2 MI MO. Low profile, Wing One Fast Ethernet PoE uplink port one Fast Ethernet LAN port included, European Union re utatory domain. 15783 Wireless AP4021i int ant US Attitude AP4021i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for US Wing regulatory domain 802.11 a/b/g/n 2x2 MIMO Includes internal omindirectional antennas. Powered by 802.3af/at PoE or by use of a PoE injector. 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 802.1 I a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas, Powered by 802.3af/at PoE or by use of a PoE injector. Attachment D Page 105 of 471 Page 453 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15785 Wireless AP402 I e ext ant US Altitude AP402 I i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for US Wing regulatory domain 802.11 a/b/g/n 2x2 MIM® External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE injector. 15787 Wireless 'Thar AP Mount Bracket Wireless Mounting I Year 06/30/ IOPC Bracket for ceiling Tbar Warranty 2020 mount for 46xx 47xx Access Points TEN Pack 15788 Wireless AP402 I e ext ant ROW Altitude AP402 I i Limited 06/30/ singleradio thin Lifetime 2020 (dependent) indoor Warranty Access Point for the Rest Wing of World regulatory domain 8 02.11 a/b/g/n 2x2 MIMO External antennas not includedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE injector. 15789 Wireless AP452 11 int ant US Altitude A1145211 Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 80111 a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at PoE or by use of a PoE injector. 15790 Wireless AP45211 int ant ROW Altitude AP45211 Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 8 02 . I I a/b/g/n 2x2 MIMO Includes internal omnidirectional antennas Powered by 802.3af/at Attachment D Page 106 of 471 Page 454 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 107 of 471 Page 455 of 1147 PoE or by use of a PoE injector. 15791 Wireless AP452le extant US Attitude 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 or a PoE injector. 15793 Wireless AP452 1 e ext ant ROW Attitude AP452 I e Limited 06/30/ singleradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 80111 a/b/g/n 2x2 MIMO. External antennas not inclUdedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE injector. 15794 Wireless AP4762 outdoor US Altitude AP4762 I Year 06/30/ dualradio Independent Warranty 2020 Outdoor Access Point for US regulatory domain 8 02. 11 a/b/g/n 3x3 MIMO External antennas. Powered by 802.3afat PoE or by use of a PoE injector. 15795 WING AP4762 outdoor ROW Altitude, AP4762 I Year 06/30/ Wireless dualradio Independent Warranty 2020 Outdoor Access Point for Rest of World regulatory domain 8 02 . I I a/b/g/n 3 x 3 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE injector. Attachment D Page 107 of 471 Page 455 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15796 Wireless AP4763 outdoor US Altitude AP4763 triradlo I Year 06/30/ Independent Outdoor Warranty 2020 Access Point for US regulatory domain 802.11 a/b/g/n 3x3 MIMO. External antennas. Powered by 802.3aVat PoE or by use of a PoE injector. 15797 Wireless Summit WM3411 EU Summit WM3411 I Year 06/30/ wireless controller and Warranty 2020 access point with dual integrated dualband 802.1 labgn radios. For the European Union Regulatory Domain. 15798 Wireless AP45321 int ant EU Altitude AP45321 Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 8 02. 11 a/b/g/n 2x3 MIMOintegrated internal ornnidirectional antennas Powered by 802.3aVat PoE. 15799 Wireless AP4532e ext ant EU Altitude AP4532e Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x3 MIMO. External antennas not includedmust order separately up to 6 paddle antennas. Powered by 802.3af/at PoE. 15804 Wireless AP402 I i int ant EU Altitude AP402 I i 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 456 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 109 of 471 Page 457 of 1147 Powered by 802.3af/at PoE . 15808 Wireless AP4 02 1 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 . I I a/b/g/n 2x2 MIMO External antennas not includedmust order separately up to 2 paddle antennas. Powered by 802.3af/at PoE - 15809 Wireless AP452 1 i int ant EU Attitude AP452 11 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 3x3 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 457 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 110 of 471 Page 458 of 1147 Access Point for European Union regulatory domain 802.11 a/b/g/n 3x3 MMC}, 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 PoE, 15814 Wireless AP4022e ext ant EU Attitude 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 AP45221 int ant EU Altitude AP45221 Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty European Union Wing regulatory domain 802.11 a/b/g/n 2x2 MMC} internal orrinidirectional 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 458 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 15830 Wireless 1024 AP Lic for WM395X 128 AP capacity license Software 06/30/ CntrIr for WM395X family of Warranty 2020 controllers. 15831 Wireless AdvSecurity Lie for Advanced Security feature Software 06/30/ WM395X upgrade license for Warranty 2020 WM395X family of controllers. Enables Role used 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 onmidirectional antennas Powered by 802.3af/at PoE or by use of a PoE injector. 15910 Wireless AP4763 outdoor ROW Altitude AP4763 triradio I Year 06/30/ Independent Outdoor Warranty 2020 Access Point for Rest of World regulatory domain 802.11 a/b/g/n 30 MIMO. External antennas. Powered by 802.3af/at PoE or by use of a PoE injector. 15911 WING AP40221 int ant US Altitude AP40221 Limited 06/30/ Wireless dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 80111 a/b/g/n 2x2 MIMO Includes internal onmidirectional antennas. Powered by 802.3af/at PoE or by use of a PoE injector. 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 orrandirectional antennas. Powered by 802.3af/at Attachment D Page 111 of 471 Page 459 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 112 of 471 Page 460 of 1147 PoE or by use of a PoE injector. 15913 WING AP4022e extant 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 or a PoE injector. 15916 Wireless AP4022e ext ant ROW Attitude AP4022e Limited 06/30/ dualradio thin (dependent) Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 8 02 , I I a/b/g/n 2x2 MIMO External antennas not inclUdedmust separately up to 4 paddle antennas. Powered by 802.3af/at PoE or by use of a PoE injector, 15993 Wireless AP4522i int ant US Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty US regulatory domain Wing 802.11 a/b/g/ri 2x2 MIMO integrated late al omnidirectional antennas Powered by 802.3af/at PoE, 15994 Wireless AP45221 int ant ROW Altitude AP4522i Limited 06/30/ dualradio Independent Lifetime 2020 indoor Access Point for Warranty Rest of World regulatory Wing domain 802.1 I a/b/g/n 2x2 MIMO internal omnidirectional antennas Powered by 902.3af/at PoE. Attachment D Page 112 of 471 Page 460 of 1147 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 2x:2 MIMO. External antennas not mclUdedmust order separately up to 4 paddle antennas. Powered by 802.3af/at 16105 Summit Stacking Cable 5.0M SummitStack Stacking Limited cable 5.0M (not supported Lifetime for Uni Stack) Warranty with express Advanced Hardware Replacem ent 16106 Summit Stacking Cable 0.5M SummitStack/Unj Stack I Year Stacking cable 0.5M Warranty 16107 Summit Stacking Cable 1.5M SummitStack/Uni Stack I Year Stacking cable 1.511 Warranty 16108 Summit Stacking Cable 3.0M Su itStack/ Uni Stack Limited Stacking cable 3.OM Lifetime Warranty with express Advanced Hardware Replacem ent 16117 Summit XGM32sf Option card two Limited 12/31/ unpopulated 10 Gigabit Lifetime 2022 SFP+ slots compatible Warranty with Summit X460 with Attachment D Page 113 of 471 Page 461 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 114 of 471 Page 462 of 1147 express Advanced I lardware Replacem ent 16119 Summit X013S2xFmoduIe 2 x I OGbE XFP port I Year 03/01/ interface module rear Warranty 2024 pluggable in Slot A on X460 and E4G400 platforms supporting SummItStackV (and SyncE when used with E4G400) 16120 Summit XGM3SB4sf/module 4 x I OGbE SFP+ ports I Year 03/01/ rear pluggable in Slot B Warranty 2024 on X460 and E401400 platforms (supporting SyncE when used with E415400) 16125 Summit SX460 Network Timing ExtremeXOS Network Software 12/31/ Feature Pek Timing Feature Pack for Warranty 2022 Summit X460 Series Switches 16126 Summit XGM3S2sf/modLIle 2 x I OGb E SFP+ port I Year 03/01/ interface module rear Warranty 2024 pluggable in Slot A on X460 and E4G400 platforms supporting SummItStackV (and SyncE when used with E4G400) 16127 E4G E4GBI 6TlEl /module 2 x MRJ21 ports for 16 1 Year 06/30/ TI/El 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 X450012 series switches 16172 Summit X450G224tGE4Base Summit. X45002 24 Limited 10/ 100/ 1 OOOBA SET 4 Lifetime IOOOBASEX unpopulated Warranty SEP two 2101b stacking with orfs 1 Fixed AC PS'U I express Attachment D Page 114 of 471 Page 462 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 115 of 471 Page 463 of 1147 RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacem license ent-2 16173 Summit X450G224pGE4Base Summit X45002 24 Limited 10/100/1000BASET Lifetime POE+ 4 1000BASEX Warranty unpopulated SFP two with 2 1 Gb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16174 Summit X450G248tGE4Base Summit X45002 48 Limited 10/100/1000BASET 4 Lifetime 1000BASEX unpopulated Warranty SFP two 2 1 Gb stacking with ports (QSFP) I Fixed AC express PSCC I RPS port fan Advanced module slot (unpopulated) Hardware ExtremeXOS Edge Replacem license w Policy ent-2 16175 Summit X450G248pGE4Base Summit X45002 48 Limited 10/100/1000BASET Lifetime POE+ 4 1000BASEX Warranty unpopulated SFP two with 210b stacking ports 2 express un -populated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16176 Summit X450G224t100E4Base Summit X450G2 24 Limited 10/100/1000BASET 4 Lifetime I OGBASEX unpopulated Warranty SFP+ two 210b stacking with ports I Fixed AC PSU I express RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacem license ent-2 16177 Summit X450G224p100E4Base Summit X45002 24 Limited 10/100/1000BASET Lifetime POE+41OGBASEX Warranty unpopulated SFP+ two with Attachment D Page 115 of 471 Page 463 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 116 of 471 Page 464 of 1147 2 1 Gb stacking ports) 2 express unpopulated power supply Advanced slots fan module slot I lardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16178 Summit X450G248t1OGE413ase Summit X450132 48 Limited 10/100/1000BASET 4 Lifetime lOGBASEX unpopulated Warranty SIT+ two 21 G stacking with ports I Fixed AC PSU 1 express RPS port fan module slot Advanced (unpopulated) Hardware ExtremeXOS Edge Replacem license e-nt-2 16179 Summit X450G248plOGE4Base Summit X450G2 48 Limited 10/100/1000BASET Lifetime POE+41OGBASEX Warranty unpopulated SFP+ two with 2 1 Gb stacking ports 2 express unpopulated power supply Advanced slots fan module slot Hardware (unpopulated) Replacem ExtremeXOS Edge ent-2 license 16190 Summit SX450G2 Edge to Adv ExtremeXOS Advanced Software Edge Lie Edge License upgrade for Warranty Summit X450132 series switches 16191 Summit X450G2 Core Lie from ExtremeXOS Advanced Software Edge Lie Core License upgrade Warranty from Edge License for Extreme Switching X450G2 series switches 16192 Summit X450G2 Core Lie from ExtremeXOS Advanced Software Adv Edge Core License upgrade Warranty from Advanced Edge License for Extreme Switching X450132 series switches 16200 Summit SX450G2 OpenFlow ExtremeXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for Summit X450G2 series switches 16220 E4G E4G TDM BreakOut Cable TDM connectivity I Year 06/30/ breakout. cable that Warranty 2023 Attachment D Page 116 of 471 Page 464 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 117 of 471 Page 465 of 1147 provides I x 1RJ21 to 8 x RJ48c for use with TDM 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 PSU with two unpopulated PSU slots one VIM2 slot ExtremeXOS Advanced Edge license 16303 Summit Summit X48024x 24 100/1000BASEX I Year 07/15/ unpopulated SFP 12 Warranty 2025 10/100/1000BASET (shared) 2 unpopulated XFP ports No PSU with two unpopulated PSU slots one VIM2 slot ExtremeXOS Advanced Edge license 16304 Summit Summit X48048x 48 100/1000BASEX I Year 07/15/ unpopulated SFP No PSU Warranty 2025 with two unpopulated PSU slots one VIM2 slot ExtremeXOS Advanced Edge license 16311 Summit VIM2SummitStack VIM2SummitStack 2 1 Year 07/15/ SummitStack stacking Warranty 2025 ports 16312 Sum mit VIM21OG4X VIM21OG4X 4 1 Year 07/15/ I OGBASEX XFP ports Warranty 2025 16313 Summit VlM2SummItStackI28 VIM2SumnutStackI28 2 1 Year 07/15/ x 64G stacking ports Warranty 2025 16315 Summit VIM2SummitStackV80 VIM2SummitStackV4O 2 1 Year 12/31/ x 40G stacking ports Warranty 2022 16321 Summit Summit X480 Core License ExtremeXOS Core Software License for Summit X480 Warranty series switches 16322 Summit Summit X480 MPLS ExtremeXOS MPLS Software Feature Pack Feature Pack for Summit Warranty X480 series switches 16323 Summit Summit X480 OpenFlow ExtremeXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for Summit X480 series switches Attachment D Page 117 of 471 Page 465 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16401 Summit Summit X46024t 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP (4 24 Warranty 10/100/1000BASET 8 with 100/1000BASEX express unpopulated SFP (4 SFP Advanced ports shared with Hardware 10/100/1000BASET Replacern ports) XGM3 slot ent Stacking module slot 300W AC PSU with one unpopulated PSU slot Fan Module ExtrerneXOS Edge License 16402 Summit Summit X460481 48 10/100/1 OOOBASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 300W AC PSU with one express unpopulated PSU slot Fan Advanced Module ExtremeXOS I lardware Edge License Replacem ent 16403 Summit Summit X46024p 24 10/100/1000BASET Limited 06/30/ PoEplus 8 Lifetime 2022 100/1000BASEX Warranty unpopulated SFP (4 SFP with ports shared with express 10/100/1000BASET Advanced ports) XGN43 slot Hardware Stacking module slot Replacem 750W AC PoE PSU with ent one unpopulated PSU slot Fan Module ExtremeXOS Edge License 16404 Summit Summit X46048p 48 10/100/1000BASET Limited 06/30/ PoEplus 4 Lifetime 2022 100/1000BASEX Warranty unpopulated SFP XGM3 with slot Stacking module slot express 750W AC PoE PSU with Advanced one unpopulated PSU slot Hardware Fan Module ExtremeXOS Replacem Edge License ent Attachment D Page 118 of 471 Page 466 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16405 Summit Summit X46024x 24 100/1000BASEX Limited 06/30/ unpopulated SFP 8 Lifetime 2022 10/100/1000BASET (4 Warranty 10/100/1000BASET ports with shared with SFP ports) express XGM3 slot Stacking Advanced module slot 300W AC I lardware PSU with one Replacern unpopulated PSU slot Fan ent Module ExtremeXOS Edge License 16406 Summit Summit X46048x 48 100/1000BASEX Limited 06/30/ unpopulated SFP XGM3 Lifetime 2022 slot Stacking module slot Warranty 300W AC PSU with one with unpopulated PSU slot Fan express Module ExtremeXOS Advanced Edge License Hardware Replacern ent 16407 Summit Summit X46024tDC 24 10/100/1 OOOBAS ET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP (4 24 Warranty 10/100/1000BASET 8 with 100/100013ASEX express unpopulated SFP (4 SFP Advanced ports shared with Hardware 10/100/1000BASET Replacern ports) XGM3 slot ent Stacking module slot 300W DC PSU with one unpopulated PSU slot Fan Module ExtremeXOS Edge License 16408 Summit Summit X46048tDC 48 10/100/1 OOOBAS ET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 300W DC PSU with one express unpopulated PSU slot Fan Advanced Module ExtremeXOS Hardware Edge License Replacern ent Attachment D Page 119 of 471 Page 467 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16409 Summit Summit X46024xDC 24 100/1000BASEX Limited 06/30/ unpopulated SFP 8 Lifetime 2022 10/100/1000BASET (4 Warranty 10/100/1000BASET ports with shared with SFP ports) express XGM3 slot Stacking Advanced module slot 30OW DC I lardware PSU with one Replacern unpopulated PSU slot Fan ent Module ExtremeXOS Edge License 16410 Summit Summit X46048xDC 48 100/1000BASEX Limited 06/30/ unpopulated SFP XGM3 Lifetime 2022 slot Stacking module slot Warranty 30OW DC PSU with one with unpopulated PSU slot Fan express Module ExtremeXOS Advanced Edge License Hardware Replacern ent 16419 Summit SumnntStack Module SummitStack Module for Limited 12/31/ Summit X460 Lifetime 2022 Warranty with express Advanced Hardware Replacern ent 16420 Summit SummitStackV80 Module SurnmitStackV80 Module Limited 12/31/ for Summit X460 Lifetime 2022 Warranty with express Advanced Hardware Replacem, ent 16421 Summit Advanced Edge Lie ExtremcXOS Advanced Software X460/G2 Edge License for Summit Warranty X460 X460G2 Series Switches 16422 Summit Core Lie from Edge Lie ExtremeXOS Advanced Software X460/Ci Core License upgrade Warranty from Edge License for Attachment D Page 120 of 471 Page 468 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 121 of 471 Page 469 of 1147 Summit X460 X46002 Series Switches 16423 Summit Core Lic from Adv Edge ExtremeXOS Advanced Software X460/0 Core License upgrade Warranty from Advanced Edge License for Summit X460 X460G2 series switches 16424 Summit MPDS Feature Pack ExtremeXOS MPLS Software X460/G2 Feature Pack for Summit Warranty X460 X460G2 Series Switches 16425 Summit OpenFlow FeaturePack ExtremeXOS SDN Software X460/G2 Openflow Feature Pack Warranty for Summit X460 X460G2 series switches 16426 Summit MUltimedia(AV13) Pck ExtremeXOS Audio Software X460/G2 Video Bridging Feature Warranty Pack for Summit X460 X460G2 series switches 16431 E4G E4G400AC/router 24 x 10/100/1000BASET I Year 06/30/ 8 x 100/1000BASEX Warranty 2023 unpopulated SFP (4 SFP ports shared with 10/100/1000BASET ports)Rear Slot A Rear Slot B with AC Power Supply Fan module 16432 E4G E4G40ODC/router 24 x 10/100/1000BASET I Year 06/30/ 8 x 100/1000BASEX Warranty 2023 unpopulated SFP (4 SFP ports shared with 10/100/1000BASET ports)Rear Slot A Rear Slot B with DC Power SUPPI Fan module 16440 E4G E4G20012xDC/router 12 x 100/1000BASEX I Year 06/30/ unpopulated SFP one Warranty 2023 front 1/0 slot one front Sync slot one internal DC PSU with two inputs 16441 E4G E4G20ODC/router 8 x 10/ 100/ 1 OOOBASET 4 1 Year 06/30/ x 100/1000BASEX Warranty 2023 unpopulated SFP one front I/O slot one front Sync slot one internal DC PSU with two inputs Attachment D Page 121 of 471 Page 469 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16442 E4G E4GF'16TIE1/module 16 x RJ45 port front I Year 06/30/ plugin module supporting Warranty 2023 pseudowire emulation of 16 TI /E 1 16444 E4G E4GCLK/module 2 x SMA port front plugin I Year 06/30/ module supporting BITS Warranty 2023 1588v2 SyncE and TDM Line timing 16490 E4G E4G200 Ntwrk Timing ExtremeXOS Network Software 06/30/ 1588 PTP Timing Feature Pack for Warranty 2023 E4G200 that enables 1588v2 PTP (Precision Time Protocol) 16491 E4G E4G200 Adv Edge Lie Extreme XOS Advanced Software 06/30/ MPLS Edge License Upgrade Warranty 2023 from Edge for E4G200 products and includes the MPLS feature pack 16492 E4G E4G200 Core Lie from Adv Extreme XOS Core Software 06/30/ Edge License Upgrade from Warranty 2023 Advanced Edge for E4G200 products 16493 E4G E4G200 Core Lie fr Edge Extreme XOS Core Software 06/30/ N4PLS License Upgrade from Warranty 2023 Edge for E4G200 products and includes the MPLS feature pack 16495 E4G E4G400 Ntwrk Timing ExtremeXOS Network Software 06/30/ 1588 PTP Timing Feature Pack for Warranty 2023 E4G400 that enables 1588v2 PTP (Precision Time Protocol) 16496 E4G E4G400 Core Lie from Adv Extreme XOS Core Software 12/31/ Edge License Upgrade from Warranty 2024 Advanced Edge for E4G400 products 16497 BD X BDX83rd Party Optics ExtremeXOS 3rd Party No 12/31/ License Optics (40G and 1000 Warranty 2024 F'eaturePack for BDX8 16498 BD 8K BD88003rd Party Optics ExtremeXOS 3rd Party No 12/31/ License Optics (40G and 100(x) Warranty 2024 FeaturePack for BD8800 16499 Summit Summit 670V3rd Party ExtremeXOS 3rd Party No Optics Lie Optics (40G and 100G) Warranty FeaturePack for Summit 670 Attachment D Page 122 of 471 Page 470 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16501 Summit Summit X4408t 8 10/100/1 OOOBAS ET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP SummitStack Warranty Stacking ports I AC PSU with ExtremcXOS Edge express license Advanced I hardware Replacern ent 16502 Summit Summit X4408p 8 10/100/1000BASET Limited 03/31/ PoEp I us 4 1000BASEX Lifetime 2022 unpopulated SFP Warranty SummitStack Stacking with ports I AC PSU express ExtremeXOS Edge Advanced license Hardware Replacem ent 16503 Summit Summit X44024t 24 10/100/1000BASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) SummitStack express Stacking ports I AC PSU Advanced ExtremeXOS Edge I lardware license connector for Replacern external power supply ent 16504 Summit Summit X44024p 24 10/100/1000BASET Limited 03/31/ PoEp I us 4 1 OOOBASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) SummitStack Advanced Stacking ports I AC PSU Hardware ExtrerneXOS Edge Replacern license connector for ent external power supply 16505 Summit Summit X44048t 48 10/100/1 OOOBASET 4 Limited 03/31/ IOOOBASFX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/100013ASET with ports) SummitStack express Stacking ports I AC PSU Advanced ExtrenieXOS Edge Hardware license connector for Replacem external power supply ent Attachment D Page 123 of 471 Page 471 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16506 Summit Summit X44048p 48 10/100/1000BASET Limited 03/31/ PoEplus 4 1000BASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/100013ASET express ports) SummitStack Advanced Stacking ports I AC PSU I lardware ExtremeXOS Edge Replacem license connector for ent external power supply 16507 Summit Summit X44024t1OG 24 10/100/1000BASET4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) 2 1 OGBASEX express SFP+ I AC PSU Advanced ExtremeXOS Edge Ilardware license connector for Replacem external power supply ent 16508 Summit Summit X44024p1OG 24 10/100/1000BASET Limited 03/31/ Po Eplus 4 1 OOOBASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) 2 1 OGBAS EX Advanced SFP+ I AC PSU Hardware ExtremeXOS Edge Replacem license connector for ent external power supply 16509 Summit Summit X44048tIOG 48 10/100/1 OOOBASET 2 Limited 03/31/ IOOOBASEX unpopulated Lifetime 2022 SFP (2 SFP ports shared Warranty with 10/100/1000BASET with ports) 2 1 OGBASEX express SFP+ I AC PSIJ Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent 16510 Summit Summit X44048p1OG 48 10/100/1000BASET Limited 03/31/ PoEp lus 2 1 OOOBASEX Lifetime 2022 unpopulated SFP (2 SFP Warranty ports shared with with 10/100/1000BASET express ports) 2 1 OGBASEX Advanced SFP+ I AC IISU Hardware ExtremeXOS Edge Attachment D Page 124 of 471 Page 472 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 125 of 471 Page 473 of 1147 license connector for Replacem external power supply ent 16513 Summit Summit X44024x 24 100/1000BASEX SFP Limited 03/31/ ports 4 gigabit combo Lifetime 2022 ports (4 SFP ports shared Warranty with 10/100/100013ASET with ports) Summit Stack express Stacking ports I AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent 16514 Summit Summit X44024x I OG 24 100/1000BASEX SFP Limited 03/31/ ports 4 gigabit combo Lifetime 2022 ports (4 SFP ports shared Warranty with 10/100/1000BASET with ports) 2 1 OGBAS EX express SFP+ I AC PSU Advanced ExtremeXOS Edge Ilardware license connector for Replacern external power supply ent 16515 Summit Summit X4308p 8 10/100/1000BASET Limited 09/30/ PoE+ 2 1000BASEX Lifetime 2023 unpopulated SFP I AC Warranty PSU ExtremeXOS L2 with Edge license express Advanced Hardware Replacem ent 16516 Summit Summit X430241 24 10/100/1 OOOBASET 4 Limited 09/30/ 1000BASEX unpopulated Lifetime 2023 SFP I AC PSU Warranty ExtremeXOS L2 Edge with license express Advanced I lardware Replacern ent 16517 Summit Summit X43024p 24 10/100/1000BASET Limited 09/30/ PoE+ 4 1000BASEX Lifetime 2023 unpopulated SFP I AC Warranty PSU ExtremeXOS L2 with Edge license express Advanced Attachment D Page 125 of 471 Page 473 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 126 of 471 Page 474 of 1147 I lardware Replacem ent 16518 Summit Summit X43048t 48 10/100/1 OOOBASET 4 Limited 09/30/ IOOOBASEX unpopulated Lifetime 2023 SFP I AC PSU Warranty ExtremeXOS L2 Edge with license express Advanced Hardware Replacem ent 16519 Summit Summit X44024tDC 24 10/100/1 OOOBASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) Summit Stack express Stacking ports I DC PSU Advanced ExtremeXOS Edge I lardware 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 10/100/1000BASET with ports) Summit Stack express Stacking ports I DC PSU Advanced ExtremeXOS Edge Hardware license connector for replacem external power supply. ent 16521 Summit Summit X440 Adv. Edge ExtremeXOS Advanced Software License Edge License for Summit Warranty X440 series switches 16522 Summit Summit X440 OpenFlow ExtremcXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for Summit X440 series switches 16523 Summit X440 Multimedia(AVB) ExtremeXOS Audio Software Feature Pek 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 474 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 127 of 471 Page 475 of 1147 of 100 active streams on no more than eight ports 16525 Summit Summit X4308p Mounting Rack Mounting Kit for I Year 09/30/ Kit Summit X4308p Switch Warranty 2023 16530 Summit X440G2]2t]OGE4 X44002 12 Limited 10/ 100/ 1 OOOBA SET 4 Lifetime IGbE unpopulated SFP Warranty upgradable to I OGbE with SFP+ I Fixed AC PSU I express RPS port ExtremeXOS Advanced Edge license Hardware Replacem ent-2 16531 Surnmit X440G212plOGE4 X4400212 Limited 10/100/1000BASET Lifetime POE+ 4 1 GbE Warranty unpopulated SEP with upgradable to IOGbE express SFP+ I Fixed AC PSU I Advanced RPS port ExtremeXOS Hardware Edge license Replacem ent-2 16532 Summit X440G224t] OGE4 X440G2 24 Limited 10/100/1000BASET 4 Lifetime SFP combo 4 IGbE Warranty unpopulated SFP with upgradable to IOGbE express SFP+ I Fixed AC PSU I Advanced RPS port ExtremeXOS Hardware Edge license Replacem ent-2 16533 Summit X440G224p I OGE4 X44002 24 Limited 10/100/1000BASET Lifetime POE+ 4 SFP combo 4 Warranty IGbE Unpopulated SEP with upgradable to I OGbE express SFP+ I Fixed AC PSU I Advanced RPS port ExtremeXOS Hardware Edge license Replacem ent-2 16534 Summit X440G248t] OGE4 X440G248tI0GE4 long Limited description X440012 48 Lifetime 10/100/1000BASET 4 Warranty SFP combo 4 1 GbE with unpopulated STP express upgradable to I OGbE Advanced Attachment D Page 127 of 471 Page 475 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 128 of 471 Page 476 of 1147 SFP+ (2 combo/2 I lardware noncombo) 2 IGbE Replacern copper combo upgradable ent-2 to 10GbE I Fixed AC PSU I RPS port ExtrerneXOS Edge license 16535 Summit X440G248pI0GE4 X440G2 48 Limited 10/100/1000BASET Lifetime POE+ 4 1 GbE Warranty unpopulated SFP with upgradable to IOGbE express SFP+ (2 combo/2 Advanced noncombo) 2 IGbE Hardware copper combo upgradable Replacem to I CiGbE I Fixed AC ent-2 PSU I RPS port ExtrerneXOS Edge license 16536 Summit X440G224tI0GE4DC X440G2 24 Limited 10/100/1000BASET 4 Lifetime SFP combo 4 IGbE Warranty unpopulated SFP with upgradable to IOGbE express SFP+ I Fixed DC PSU I Advanced RPS port ExtrerneXOS Hardware Edge license Replacern ent-2 16537 Summit X440G248t] OGE4DC X440G2 48 Limited 10/100/1000BASET 4 Lifetime SFP combo 4 IGbE Warranty unpopulated SFP with upgradable to IOGbE express SFP+ (2 combo/2 Advanced noncombo) 2 1 GbE Flardware copper combo upgradable Replacern to IOGbE I Fixed DC ent-2 PSU I RPS port ExtrerneXOS Edge license 16538 Summit X440G224xI0GE4 X440G2 24 unpopulated Limited I OOOBASEX SFP (4 Lifetime combo) 4 10/100/1000 Warranty combo 4 1 GbE with unpopulated SFP express upgra able to IOGbE Advanced Attachment D Page 128 of 471 Page 476 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 129 of 471 Page 477 of 1147 SFP+ I Fixed AC PSU I Ilardware RPS port ExtremeXOS Replacem Edge license ent-2 16539 Summit X440G224fxGE4 X440G2 24 fixed Limited IOOBASEFX LC Lifetime connectors 4 IGBASEX Warranty unpopulated SFP I Fixed with AC PSU I RPS port express ExtrerneXOS Edge Advanced license OC to 60C Hardware operation Replacem ent-2 16540 Summit X440G2]2t8fxGE4 X440G2 12 Limited 10/100/1000BASET plus Lifetime 8 fixed I OOBASEEX LC Warranty connectors 4 IGBASEX with unpopulated SFP I Fixed express AC PSU I RPS port Advanced ExtremeXOS Edge I lardware license OC to 60C Replacem operation ent-2 16541 Summit X440G224tGE4 X440G2 24 fixed Limited 10/100/IOOOBASETX 4 Lifetime IGBASEX unpopulated Warranty SFP 1 Fixed AC PSU I with RPS port ExtremeXOS express Edge license OC to 60C Advanced operation Hardware Replacem ent-2 16542 Summit Dual I OGbE Upgrade License that converts the Software License two nonstack lGbE SFP Warranty ports to be I OGb E SFP+ 16543 Summit Quad IOGbE Upgrade License that converts four Software License I GbE SFP ports to be Warranty 1OGbE SFP+ 16546 Summit Quad I OGbE Lic from Dual License that upgrades in Software lOGbE Lic already licensed Dual Warranty I OGbE switch to a Quad 1OGbE switch 16560 FastPath 22012t]OGE2 220Series 12 port Limited Switches 10/100/1000BASET 2 Lifetime I OGbE unpopulated SFP+ Warranty ports I Fixed AC PSU L2 with Switching with RIP and Express Static Routes I Advanced Attachment D Page 129 of 471 Page 477 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 130 of 471 Page 478 of 1147 countryspeci ic power I lardware cord Replacem ent - B 16561 FastPath 22012p1OGE2 220Series 12 port Limited Switches 10/100/1000BASET Lifetime PoE+ 2 1 OGbE Warranty unpopulated SFP+ ports I with Fixed AC PSU L2 Express Switching with RIP and Advanced Static Routes I Hardware i countryspecifc power Replacem cord ent - B 16562 FastPath 22024t1OGE2 220Series 24 port Limited Switches 10/100/1000BASET 2 Lifetime IOGbE unpopulated SFP+ Warranty ports I Fixed AC PSU I with RPS port L2 Switching Express with RIP and Static Advanced Routes I countryspecific I lardware power cord Replacem ent - B 16563 FastPath 22024p1OGE2 220Series 24 port Limited Switches 10/100/1000BASET Lifetime PoE+ 2 1 OGbE Warranty unpopulated SFP+ ports I with Fixed AC PSU I RPS port Express L2 Switching with RIP Advanced and Static Routes I Hardware countryspecl ic power Replacem cord ent - B 16564 FastPath 22048t1 OGE4 220Series 48 port Limited Switches 10/100/1000BASET 4 Lifetime IOGbE unpopulated SFP+ Warranty ports (2 LRM Capable) I with Fixed AC PSU I RPS port Express L2 Switching with RIP Advanced and Static Routes I I lardware countryspecific power Replacem cord ent- B 16565 FastPath 22048p1OGE4 220Series 48 port Limited Switches 10/100/100013ASET Lifetime PoE+ 4 1 OGb E Warranty unpopulated SFP+ ports with (2 LRM Capable) I Fixed Express AC PSU I RPS port L2 Advanced Switching with RIP and Hardware Attachment D Page 130 of 471 Page 478 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 131 of 471 Page 479 of 1147 Static Routes I Replacern countryspecific power ent - B cord 16566 FastPath 21012tGE2 210Series 12 port Limited Switches 10/100/1000BASET 2 Lifetime IGbE unpopulated SFP Warranty ports I Fixed AC PSU L2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Replacem ent - B 16567 FastPath 21012pGE2 2 1 OSeries 12 port Limited Switches 10/100/1000BASET Lifetime PoE+ 2 1 GbE Warranty unpopulated SFP ports 1 with Fixed AC PSU L2 Express Switching with Static Advanced Routes I countryspecific I lardware power cord Replacern ent - B 16568 FastPath 21024tGE2 210Series 24 port Limited Switches 10/100/1000BASET 2 Lifetime IGbE unpopulated SFP Warranty ports I Fixed AC PSU L2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Replacem ent - B 16569 FastPath 21024pGE2 210Serles 24 port Limited Switches 10/100/1000BASET Lifetime PoE+ 2 1 Cib E Warranty unpopulated SFP ports 1 with Fixed AC PSU L2 Express Switching with Static Advanced Routes I countryspecific I lardware power cord Replacern ent - B 16570 Fast Path 21048tGE4 210Series 48 port Limited Switches 10/100/1000BASET 4 Lifetime IGbE unpopulated SFP Warranty ports I Fixed AC PSU L2 with Switching with Static Express Routes I countryspecific Advanced power cord Hardware Attachment D Page 131 of 471 Page 479 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 132 of 471 Page 480 of 1147 Replacem ent - B 16571 FastPath 21048pGE4 210Series 48 port Limited Switches 10/100/1000BASET Lifetime PoE+ 4 1 GbE Warranty unpopulated SFP ports I with Fixed AC PSU L2 Express Switching with Static Advanced Routes I countryspecific Hardware power cord Replacem ent - B 16572 FastPath 200Series Dual Rack Hardware kit for Limited Switches Mount Kit mounting two 12 port Lifetime 200Series switches (210 Warranty and/or 220) sidebyside in with a 19 inch rack Express Advanced Hardware Replacem ent - B 16573 FastPath 200Series Wall Mount Kit Hardware kit for wall Limited Switches mounting one 12 port Lifetime 200Series switch (either Warranty 210 or 220) with Express Advanced Hardware Replacern ent- B 16701 Summit X460G224tIOGE4Base Summit X46002 24 Limited 10/100/1 OOOBASET 8 Lifetime 100/1000BASEX unpopd Warranty SFP (4 SFP ports shared) with 4 1000/lOGBaseX unpopd express SFP+ ports Rear VIM Slot Advanced (unpopd) Rear Timing Hardware Slot (unpopd) 2 unpopd Replacern PSU slots fan module slot ent-2 (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater Attachment D Page 132 of 471 Page 480 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16702 Summit X460G248tI0GE4Base Summit X460G2 48 Limited 10/100/1000BASET 4 Lifetime 1000/10GBaseX unpopd Warranty SFP+ ports Rear VIM Slot with (unpopd) Rear Timing express Slot (unpopd) 2 unpopd Advanced PSU slots fan module slot I lardware (unpopd) ExtremeXOS Replacern Advanced Edge license ent-2 with EXOS Release 22.1 or greater 16703 Summit X460G224pIOGE4Base Summit X460G2 24 Limited 10/100/1000BASET Lifetime PoE+ 8 100/100013ASEX Warranty unpopd SFP (4 SFP ports with shared) 4 express 1000/10GBaseX unpopd Advanced SFP+ ports Rear VIM Slot Hardware (unpopd) Rear Timing Replacern Slot (unpopd) 2 unpopd ent-2 PSU slots fan module slot (unpopd) ExtremeXOS Advanced Edge license with EXOS Release 22.1 or greater 16704 Summit X460G248pIOGE4Base Summit X460G2 48 Limited 10/100/1000BASET Lifetime PoE+ 4 1000/1 OGBaseX Warranty unpopd SFP+ ports Rear with VIM Slot (unpopd) Rear express Timing Slot (unpopd) 2 Advanced unpopd PSU slots fan Hardware module slot (unpopd) Replacem ExtremeXOS Advanced ent-2 Edge license with EROS Release 22.1 or greater 16705 Summit X460G224x I OGE4Base Summit X460012 24 Limited 100/1000BASEX unpopd Lifetime SFP 8 Warranty 10/100/1000BASET (4 with ports shared) 4 express 1000/10GBaseX unpopd Advanced SFP+ ports Rear VIM Slot I lardware (unpopd) Rear Timing Replacern Slot (unpopd) 2 unpopd ent-2 PSU slots fan module slot (unpopd) ExtremeXOS Attachment D Page 133 of 471 Page 481 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 134 of 471 Page 482 of 1147 Advanced Edge license with EXOS Release 22.1 or greater 16706 Summit X460G248xlOGE4Base Summit X460G2 48 Limited 100/1000BASEX unpopd Lifetime SFP 4 1000/10GBaseX Warranty unpopd SFP+ ports Rear with VIM Slot (unpopd) Rear express Timing Slot (unpopd) 2 Advanced unpopd PSU slots fan Hardware module slot (unpopd) Replacern ExtremeXOS Advanced ent-2 Edge license with EROS Release 22.1 or greater 16710 Summit Summit X460G2 VIM2q Optional Virtual Interface Limited Module for the rear of the Lifetime X460G2 providing 2 Warranty 40GBASEX ports with unpopulated QSFP+ express Advanced Hardware Replacern ent-2 16711 Summit Summit X460G2 VIM2x Optional Virtual Interface Limited Module for the rear of the Lifetime X460G2 providing 2 Warranty I OGBASEX ports with unpopulated SFP+ express Advanced Hardware Replacem ent-2 16712 Summit SLI it X460G2 VlM2t Optional Virtual Interface Limited Module for the rear of the Lifetime X460G2 providing 2 Warranty I OGBASET ports with express Advanced Hardware Replacern ent-2 16713 Summit Summit X460G2 VIM2ss Optional Virtual Interface Limited Module for the rear of the Lifetime Warranty Attachment D Page 134 of 471 Page 482 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 135 of 471 Page 483 of 1147 X460G2 providing 2 ports with of Extremes SummitStack express Advanced Hardware Replacem ent-2 16714 Summit TIMING SLOT GNDLUG Modular Grounding Lug No Card for the X460G2 that Warranty utilizes the Timing Module slot (note that adding the grounding lug excludes use of the 16715 Timing Module) 16715 Summit Summit X460G2 TMCLK Optional Timing Module Limited for the rear of the X460G2 Lifetime providing the hardware Warranty for Sync and 1588 PTP with clocking with 2 ports of express miniBNC connectors for Advanced clocking outputs Hardware Replacem ent-2 16716 Summit X460G224tGE4Base Summit X460G2 24 Limited 10/100/1000BASET 8 Lifetime 100/1000BASEX unpopd Warranty SFP (4 SFP ports shared) with 4 1 GBASEX unpopd SFP express Rear VIM Slot (unpopd) Advanced Rear Timing Slot Hardware (unpopd) 2 unpopd PSU Replacem slots fan module slot ent-2 (unpopd) ExtrerneXOS Advanced Edge license with EXOS Release 22.1 or greater 16717 Summit X460G248tGE4Base Summit X460G2 48 Limited 10/100/1000BASET 4 Lifetime I GBASEX unpopd SFP Warranty Rear VIM Slot (unpopd) with Rear Timing Slot express (unpopd) 2 unpopd PSU Advanced slots fan module slot Hardware (unpopd) ExtremeXOS Replacem Advanced Edge license ent-2 with EXOS Release 22.1 or greater Attachment D Page 135 of 471 Page 483 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16718 Summit X460G224pGE4Base Summit X46002 24 Limited 10/100/1000BASET Lifetime Po E+ 8 100/1 OOOBAS EX Warranty unpopd STP (4 SFP ports with shared) 4 1 GBASEX express unpopd SFP Rear VIM Advanced Slot (unpopd) Rear Hardware Timing Slot (unpopd) 2 Replacern unpopd PSU slots fan ent-2 module slot (unpopd) ExtrerneXOS Advanced Edge license with EXOS Release 22.1 or greater 16719 Summit X460G248pGE4Base Summit X460G2 48 Limited 10/100/1 OOOBASET Lifetime PoE+ 4 1 GBASEX Warranty unpopd SFP Rear VIM with Slot (unpopd) Rear express Timing Slot (unpopd) 2 Advanced unpopd PSU slots fan Hardware module slot (unpopd) Replacern ExtrerneXOS Advanced ent-2 Edge license with EXOS Release 22.1 or greater 16720 Summit X460G216mp32p I OGE4 16 10OMb/1.0/2.5 GbE Limited PoEplus 32 Lifetime 10/100/1000BASET Warranty PoEplus 4 with 1000/10GBaseX express unpopulated SFP+ ports Advanced Rear VIM Slot (unpopd) Hardware Rear Timing Slot Replacern (unpopd) 2 unpopulated ent-2 PSIJ slots fan module slot (unpopd) EXOS Advanced Edge license with policy 16755 Summit Summit X460G2 Ntwrk ExtrerneXOS Network Software Timing 1588 Timing Feature Pack for Warranty Summit X460G2 that enables 1588v2 PTP (Precision Time Protocol) Boundary Clock Attachment D Page 136 of 471 Page 484 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16756 Summit X460G224p24hp I OGE413as X460G2 24 Limited e 10/100/1000BASET full Lifetime duplex PoE+ 24 Warranty 10/100/1000BASET with full/half duplex PoE+ 4 express 1000/10GBaseX unpopd Advanced SFP+ ports Rear VIM Slot Ilardware (unpopd) Rear Timing Replacers Slot (unpopd) 2 unpopd ent-2 PSU slots fan module slot (unpopd) ExtremeXOS Advanced Edge 16757 Summit X460G224t24ht I OGE4 Base X460G2 24 Limited 10/100/1000BASET full Lifetime duplex 24 Warranty 10/100/1000BASET with full/half duplex 4 express 1000/10GBaseX unpopd Advanced SFP+ ports Rear VIM Slot I lardware (unpopd) Rear Timing Replacern Slot (unpopd) 2 unpopd ent-2 PSCC slots fan module slot (unpopd) ExtremeXOS Advanced Edge 16776 Summit Rear Rail K1t4 Post Adapter kit for adding No Mounting rear rails to enable four Warranty post mounting of X460G2 and Summit 17 or deeper switches 16777 Summit Four Piece Rack Mount Kit Four Piece Rack Mount No Spare Kit Spare. Compatible Warranty with X450G2 X460G2 X620 (16 port models) X670 X670V X670 G2 X690 X770 X870 16778 Smart X440G2 EXOS MACsec ExtremeSwitching Software Omni Edge Feature Pack X440G2 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with ExtremeSwitching LRM/MACsee Adapter 16779 Smart X450G2 EXOS MACsec ExtremeS witching Software OnmiEdge Feature Pack X450G2 EXOS MACsec Warranty Switching Feature Pack. Enables MACsec for use with Attachment D Page 137 of 471 Page 485 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 138 of 471 Page 486 of 1147 Extreme Switching LRM/MACsec Adapter 16780 Smart X460G2 EXOS MACsec ExtremeSwitching Software OmniEdge Feature Pack X460G2 EXOS MACsec Warranty Switching Feature Pack, Enables MACsec for use with X460G224p24hp I OGE4 X460G224t24ht10GE4 models or ExtremeSwitching LRM/MACsec Adapter 16790 Summit X59024x I q2c Base System Extreme Switching X590 I Year base unit with 24 Warranty I Gb/ I OGb SFP+ ports I I OGb/4OGb QSFP+ port 2 IOGb/25Gb/4OGb/5OGb/I OOGb capable QSFP28 ports 2 unpopulated power supplies slots 4 unpopulated fan module slots ExtremeXOS Advanced Edge License 16791 Summit X590241 I q2c Base System ExtremeS witching X590 I Year base unit with 24 Warranty 100Mb/IGb/I0GBASET ports I IOGb/4OGb QSFP+ port 2 I0Gb/25Gb/40Gb/50Gb/I OOGb capable QSFP28 ports 2 unpopulated power supplies slots 4 unpopulated fan module slots ExtremeXOS Advanced Edge License 16795 Summit X590 EROS Core License ExtremeS witching X590 Software ExtremeXOS Core license Warranty upgrade from Advanced Edge 16801 Fixed L2 ISW 4porL PO E+ 10/100 2 Port 5 Year 4 10/1 0OP2 10/1 OOT'2SFP 10/100 w/ 2port SFP Warranty Operating Temperature 40C +75C 16802 Fixed L2 ISW 810/1 0OP4SFP Sport PC E+ 10/100 w/ 5 Year 4port SFP Operating Warranty Temperature 40C +75C Attachment D Page 138 of 471 Page 486 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16803 Fixed L2 IS W 4GBP2GBT2SFP 4port POE+ Gigabit 2port 5 Year Gigabit w/ 2port SFP Warranty Operating Temperature 40C +75C 16804 Fixed L2 ISW 8GBP4SFP Sport POE+ Gigabit w/ 5 Year 4port SFP Operating Warranty Temperature 40C +75C 16805 Fixed L2 POE INJ75W24 24VDC GbE PoE injector 3 Year with 60/75W output Warranty Operating Temperature 40C +75C 16806 Fixed L2 POE INBOW24 24VDC GbE PoE injector 3 Year with 30W output Warranty Operating Temperature 40C +75C 16807 Fixed L2 IS ACDC PS 240W IS ACDC Power Supply 3 Year 240W Output DIN Rail 25 Warranty 70C 16920 Fixed L2 IS ACDC PS 48OW IS ACDC Power Supply 3 Year 488 Output DIN Rail 25 Warranty 70C 17026 Summit Stacking Cable 128G/64G Conversion cable for Limited LOM SummitStack256and Lifetime SummitStack]28 LOM Warranty with express Advanced Hardware Replacem en t 17030 Summit Stacking Cable 64G LOM SummitStack128 Stacking Limited Cable LOM Lifetime Warranty with express Advanced Hardware Replacem ent 17038 Summit Stacking Cable 64G/20G Conversion cable for Limited Loo SummitStack128 and Lifetime SummitStack LOM Warranty with express Advanced Hardware Attachment D Page 139 of 471 Page 487 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 140 of 471 Page 488 of 1147 Replacem ent 17101 Summit Summit X670V48xFB 48 IOGBASEX SFP+ one I Year VIM4 slot (unpopulated) Warranty ExtremeXOS Advanced Edge License unpopulated dual PSU power slot FronttoBack airflow fan module 17102 Summit Summit X670V48xBF 48 IOGBASEX SFP+ one I Year VIN14 slot (unpopulated) Warranty ExtremeXOS Advanced Edge License unpopulated dual PSU power slot BacktoFront an -flow fan module 17103 Summit Summit X67048xFB 48 IOGBASEX SFP+ I Year ExtremeXOS Advanced Warranty Edge License unpopulated dual PSU power slot FronttoBack airflow fan module 17104 Summit Summit X67048xBF 48 lOGBASEX SFP+ I Year ExtremeXOS Advanced Warranty Edge License unpopulated dual PSU power slot BacktoFront ah -flow 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 FAN X870 Fan Module I Year ASSY1x229.2CFM12BF Backtofront airflow Warranty 17121 Summit VIM34OG4X VIM34OG4X 4 1 Year 40GBASEX QSFP+ ports Warranty module for Summit X650/X480 17122 Summit VIN444OG4X VIM44OG4X 4 1 Year 40GBASEX QSFP+ ports Warranty module for Summit X670V Attachment D Page 140 of 471 Page 488 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17131 Summit Summit X670 Series Core ExtrerneXOS Core Software License License Summit X670 Warranty Series 17133 Summit Summit X670 MPLS ExtremeXOS MPLS Software Feature Pack Feature Pack for Summit Warranty X670 series switches 17134 Summit Summit X670 Openflow ExtrerneXOS SEN Software FeaturePack OpenFlow Feature Pack Warranty for Summit X670 series switches 17135 Summit X670 Multimedia(AVB) ExtremeXOS Audio Software Feature Pck Video Bridging Feature Warranty Pack for Summit X670 series switches 17136 Summit X670G2 Timing 1588 PTP ExtremeXOS Network Software Timing Feature Pack for Warranty Summit X670G2 enables 1588v2 PTP (Precision Time Protocol) 17137 Summit X670G2 EXOS MACsec ExtremeS witching Software Feature Pack X670G2 EXOS MACsec Warranty Feature Pack, Enables MACsec for use with ExtremeS witching LRM/MACsee Adapter 17138 Summit X690 EXOS MACsec ExtrerneS witching X690 Software Feature Pack EXOS MACsec Feature Warranty Pack, Enables MACsec for use with ExtrerneS witching LRM/MACsec Adapter 17139 Summit X590 EXOS MACsec ExtremeSwitching X590 Software Feature Pack EXOS MACsec Feature Warranty Pack, Enables MACsec for use with ExtremeS witching LRM/MACsec Adapter 17201 Summit Summit X670V48tFBAC 48 1 OGBAS ET 4 1 Year I OGBASEX (unpopulated Warranty and shared with 4 ports of the 48 1 OGBaseT ports) one VIM4 slot (unpopulated) ExtrerneXOS Advanced Edge License 2 FronttoBack 550W AC Attachment D Page 141 of 471 Page 489 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 142 of 471 Page 490 of 1147 power supplies FronttoBack airflow fans 17202 Summit Summit X670V48tBFAC 48 IOGBASET 4 1 Year IOGBASEX (unpopulated Warranty and shared with 4 ports of the 48 1 OGBaseT ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 BacktoFront 550W AC power supplies BacktoFront an -flow fans 17203 Summit Summit X670V48tFBDC 48 IOGBASET 4 1 Year IOGBASEX (unpopulated Warranty and shared with 4 ports of the 48 1 OGBaseT ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W DC power supplies FronttoBack airflow fans 17204 Summit Summit X670V48tBFDC 48 IOGBASET 4 1 Year IOGBASEX (unpopulated Warranty and shared with 4 ports of the 48 1 OGBaseT 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 IOGBASEX (unpopulated Warranty and shared with 4 ports of the 48 1 OGBaseT ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License I FronttoBack 550W AC Attachment D Page 142 of 471 Page 490 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 143 of 471 Page 491 of 1147 power supply I FronttoBack 550W DC power supply FronttoBack airflow fans 17206 Summit Summit X670V48tBFMIX 48 IOGBASET 4 1 Year IOGBASEX (unpopulated Warranty and shared with 4 ports of the 48 1 OGBaseT 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 IOGBASEX SFP+ I Year X670G272xBase Unit ExtremeXOS Advanced Warranty Edge License unpopulated dual PSU power slot and 5 unpopulated fan airflow slots 17310 Summit Summit 48 1 OGBASEX SFP+ and I Year X6 7 OG248x4qBase Unit 4 40GBASEX QSFP+ Warranty ExtremeXOS Advanced Edge License unpopulated dual PSU power slot and 3 unpopulated fan airflow slots 17350 Summit X69048x2q4c X690 base unit with 48 1 Year I Gb/ I OGb SFP+ ports 2 Warranty I OGb/40Gb QSFP+ ports 4 IOGb/25Gb/4OGb/5OGb/I OOGb capable QSFP28 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 I Gb/ I OBASE T ports 2 Warranty IOGb/4OGb QSFP+ ports 4 IOGb/25Gb/4OGb/5OGb/I Attachment D Page 143 of 471 Page 491 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 144 of 471 Page 492 of 1147 OOGb capable QSFP28 ports 2 unpopulated power supplies slots 6 unpopulated fan module slots ExtremeXOS Advanced Edge License 17401 Summit X62016xBase X62016 Limited 10OMb/lGb/IOGBASEX Lifetime SFP+ 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/IOGBASET Lifetime ports with EEL 4 Warranty 10OMb/1Gb/I0GBASET with with LEE shared with 4 express IGb/IOGBASEX SFP+ 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 OGBASET PoE (8 PoE++ Warranty and 4 PoE+) and LEE 4 with 10OMb/lGb/IOGBASET express PoE+ and EEE shared Advanced with 4 IGb/IOGBASEX Hardware SFP+ ports 2 unpopulated Replacem power supply slots I ent-2 unpopulated Fan Module slot ExtremeXOS Edge license 17404 Summit X6201 OxBase X62010 Limited 10OMb/lGb/IOGBASEX Lifetime SFP+ ports integrated Warranty power supply and fans with ExtremeXOS Edge express license Advanced Hardware Attachment D Page 144 of 471 Page 492 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 145 of 471 Page 493 of 1147 replacem ent-2 17405 Summit X6208t2xBase X620 8 Limited 100Mb/IGb/10GBASET Lifetime with LEE and 2 Warranty I00Mb/IGb/10GBASEX with SFP+ ports integrated express power supply and fans Advanced ExtremeXOS Edge Hardware license replacem ent-2 17431 Summit X620 Edge to Adv Edge ExtremeXOS Advanced Software License Edge License for X620 Warranty 17433 Summit X620 Multimedia(AVB) ExtremeXOS AVB Software FcaturePck (Audio Video Bridging) Warranty Feature Pack for X620 17434 Summit X620 Openflow ExtremcXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for X620 17435 Smart X620 EROS MACsec Extreme Switching X620 Software Omni Edge Feature Pack EXOS MACsec Feature Warranty Switching Pack, Enables MACsec for use with Extreme Switching LRM/MACsec Adapter 17701 Summit Summit X77032qFBAC 32 40GBASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC power supplies 5 FronttoBack airflow fan modules 17702 Summit Summit X77032q13FAC 32 40GBASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 BacktoFront 550W AC power supplies 5 Back,toFront airflow fan modules 17703 Summit Summit X77032qFBDC 32 40GBASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License 2 FronttoBack 550W DC Attachment D Page 145 of 471 Page 493 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 146 of 471 Page 494 of 1147 power supplies 5 FronttoBack airflow fan modules 17704 Summit Summit X77032qBF'DC 32 40GBASEX 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 40GBASEX 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 40GBASEX QSFP+ I Year ports (unpopulated) Warranty ExtremeXOS Advanced Edge License I BacktoFront 550W AC power soppy I Backtof'ront 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 Pek Feature Pack for Summit Warranty X770 series switches 17727 Summit Summit X770 OpenFlow ExtremeXOS SDN Software FeaturePack OpenFlow Feature Pack Warranty for Summit X770 series switches 17728 Summit X770 Multimedia(AVB) ExtremeXOS Audio Software Feature Pek Video Bridging Feature Warranty Pack for Summit X770 series switches Attachment D Page 146 of 471 Page 494 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17729 Summit Summit X770 Timing 1588 ExtremeXOS Network Software PTP Timing Feature Pack for Warranty Summit X770 enables 1588v2 PTP (Precision Time Protocol) 17800 Summit X87032cBase X87032c Base unit 32 1 Year lOGb/25Gb/4OGb/5OGb/I Warranty OOGb QSFP28 ports unpopulated ExtremeXOS Advanced Edge License 2 unpopulated power supply slots 6 unpopulated fan module slots 17810 Summit X87096x8cBase X87096x8c Base unit 96 1 Year I OGb ports on 24 QSFP28 Warranty ports unpopulated 8 IOGb/25Gb/4OGb/5OGb/I OOGb QSFP28 ports unpopulated ExtremeXOS Advanced Edge License 2 unpopulated power supply slots 6 unpopulated fan module slots 17825 Summit X870 Core License ExtremeXOS X870 Software Series Core License Warranty 17826 Summit X870 Openflow License ExtremeXOS X870 Software OpenFlow Feature Pack Warranty 17828 Summit X870 MPLS License ExtremeXOS X870 Software MPLS License Warranty 17830 Summit X87096x8c 6 port Speed ExtremeXOS X87096x8c Software Lic Port Speed License Warranty upgrades 6 ports to IOGb/25Gb/4OGb/5OGb/I OOGb support 18001 Wireless 16502 X4408P 15761 Wireless Bundle Limited 06/30/ AP4511 US06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Altitude 4511 AP US with regulatory domain express Advanced Hardware Replacem ent 18002 Wireless 16502 X4408P 15762 Wireless Bundle Limited 06/30/ AP4511 WW06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Attachment D Page 147 of 471 Page 495 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 148 of 471 Page 496 of 1147 Altitude 4511 AP with Worldwide regulatory express domain Advanced Hardware Replacern ent 18003 Wireless 16504 X44024P 15761 Wireless Bundle Limited 06/30/ AP4511 US 12 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 US12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP US with regulatory domain express Advanced Hardware Replace ent 18006 Wireless 16504 X44024P 15784 Wireless Bundle Limited 06/30/ AP40211 WW12 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/ AP402 I e US 12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4021e AP with Attachment D Page 148 of 471 Page 496 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 149 of 471 Page 497 of 1147 including Qty 48 express Antennas US regulatory Advanced domain I lardware Replacern ent 18008 Wireless 16504 X44024P 15788 Wireless Bundle Limited 06/30/ AP4021 e WWI 2 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4021 e AP with including Qty 48 express Antennas Worldwide Advanced regulatory domain Hardware Replacem, ent 19009 Wireless 16506 X44048P 15761 Wireless Bundle Limited 06/30/ AP4511 US12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP US with regulatory domain express Advanced I lardware Replacern ent 18010 Wireless 16506 X44048P 15762 Wireless Bundle Limited 06/30/ AP4511 WW12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Altitude 4511 AP with Worldwide regulatory express domain Advanced Hardware Replacem ent 18011 Wireless 16506 X44048P 15764 Wireless Bundle Limited 06/30/ AP4532i US6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 AP US with regulatory domain express Advanced I lardware 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 497 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 150 of 471 Page 498 of 1147 Worldwide regulatory Advanced domain Hardware Replacem ent 18013 Wireless 16506 X44048P 15767 Wireless Bundle Limited 06/30/ AP4532e US6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas US regulatory Advanced domain Hardware Replacem ent 18014 Wireless 16506 X44048P 15768 Wireless Bundle Limited 06/30/ AP4532e WW6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas Worldwide Advanced regulatory domain Hardware Replacem ent 18015 Wireless 16502 X4408P 15782 Wireless Bundle Limited 06/30/ AP4511 EU06 consisting of Qty I Lifetime 2020 X4408p and Qty 6 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacem ent 19016 Wireless 16504 X44024P 15782 Wireless Bundle Limited 06/30/ AP4511 EU12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4511 AP with European Union express regulatory domain Advanced Hardware Replacem ent 18017 Wireless 16504 X44024P 15804 Wireless Bundle Limited 06/30/ AP4021i EU12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 40211 AP with European Union express re cry domain Advanced Attachment D Page 150 of 471 Page 498 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 151 of 471 Page 499 of 1147 I lardware Replacem ent 1 901 8 Wireless 16504 X44024P 15808 Wireless Bundle Limited 06/30/ AP4021 e EU12 consisting of Qty I Lifetime 2020 X44024p and Qty 12 Warranty Altitude 4021 e AP with including Qty 48 express Antennas European Union Advanced regulatory domain Hardware Replacem ent 18019 Wireless 16506 X44048P 15782 Wireless Bundle Limited 06/30/ AP4511 EU12 consisting of Qty I Lifetime 2020 X44048p and Qty 12 Warranty Attitude 4511 AP with European Union express regulatory domain Advanced I lardware Replacem ent 18020 Wireless 16506 X44048P 15798 Wireless Bundle Limited 06/30/ AP45321 EU6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 45321 AP with European Union express regulatory domain Advanced Hardware Replacem ent 18021 Wireless 16506 X44048P 15799 Wireless Bundle Limited 06/30/ AP4532e EU6 consisting of Qty I Lifetime 2020 X44048p and Qty 6 Warranty Altitude 4532e AP with including Qty 36 express Antennas European Union Advanced regulatory domain I lardware Replacem ent 18101 VPE V40024t] OGE2 V400 Series 24 Limited 10/100/1 OOOBASET 2 Lifetime 1000/lOGBaseX Warranty unpopulated SFP+ ports with fixed power supply and express fan Advanced Hardware Attachment D Page 151 of 471 Page 499 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 152 of 471 Page 500 of 1147 Replacem ent 18102 VPE V40024p10GE2 V400 Series 24 Limited 10/100/1000BASET Lifetime POE+ 2 1000/1 OGBaseX Warranty unpopulated SFP+ ports with fixed power supply and express fans Advanced Hardware Replacem ent 19103 VPE V40048tlOGE4 V400 Series 48 Limited 10/100/1000BASET 4 Lifetime 1000/10GBageX Warranty unpopulated SFP+ ports with fixed power supply and express fan Advanced Hardware Replacem ent 18104 VPE V40048plOGE4 V400 Series 48 Limited 10/100/1000BASET Lifetime POE+ 4 1000/1 OGBaseX Warranty unpopulated SFP+ ports with fixed power supply and express fans Advanced Hardware Replacem ent 18201 VPE VXRPSCH3 VX 3 Slot Redundant Limited Power Supply Shelf Lifetime Warranty with express Advanced Hardware Replacem ent 18202 VPE VXRPS1000 VX 1000W Redundant Limited Power Supply Lifetime Warranty with express Advanced Hardware Attachment D Page 152 of 471 Page 500 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 153 of 471 Page 501 of 1147 Replacern ent 27001 Network ECASW ExtremeManagement Software Manageme ExtremeControl Warranty nt ExtremeAnalytics Subscription License. Requires associated service for each managed network device and/or user. 30135 IdentIF1 WSC35 WIRELESS WSC35 WLAN I Year Wireless APPLIANCE Appliance. Manages 50 Warranty Access Points expandable to 125 in I or 16 AP increments. Requires Regulatory Domain Key 30136 IdentiFi WSC5215 WEAN WSC5215 WEAN I Year Wireless CONTROLLER Appliance, Manages 100 Warranty Access Points expandable to 1000 in 25 or 100 AP increments. Requires Regulatory Domain Key. 30137 IdentiFi El 120 ExtremeCloud Appliance I Year Wireless El 120 expandable to 125 Warranty APs/Defenders and 50 Switches (Requires Separate Activation Key) 30138 IdentiFi E2120 ExtrerneCloud 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 OrnmEdge E3120 expandable to Warranty Wireless 5000 APs/Defenders and 1000 Switches (Requires Separate Activation Key) 30311 IdentiFi WSREGIOPFCC VIO Regulatory Domain Software Wireless Key for FCC domain (For Warranty following countries US Puerto Rico Colombia), Enables WEAN appliances and access points with appropriate RF settings for the country, Attachment D Page 153 of 471 Page 501 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 30312 IdentiFi WSREGIOPROW VIO Regulatory Domain Software Wireless Key for ROW domain Warranty (For Rest of World). Enables WLAN appliances and access points with appropriate RF settings for the country. 30313 IdentIFi WSV21 101 OFCC V2110 V10 Virtual Software Wireless Wireless Appliance for Warranty FCC domain (For following countries US Puerto Rico Colombia). Base of 8 APs expandable to 525 APs in 1 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 V10 Base Key to be used Software Wireless with appliances managing Warranty 3900 series or higher series access points. Enables WLAN appliances and access points with appropriate RF settings for the country 30316 IdentiFi WSV21 101 OBASE 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 V10 Reg Key EGYPT ExtremeWireless V10 Warranty Regulatory Key for Attachment D Page 154 of 471 Page 502 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 155 of 471 Page 503 of 1147 V2110 Virtual Appfiances for Egypt 30321 IdentiFi ExtrerneWireless VIO Reg PRDKEGY Software Wireless Key EGYPT Extreme Wireless V 1 Warranty Regulatory Key for Hardware Appliances for Egypt 30323 IdentiFi Activation Key (V4) ExtrerneCloud Appliance Software Wireless Physical Appliance V4 Warranty Activation Key 30324 IdentiFi Activation Key (V4) ExtrerneCloud Virtual Software Wireless Virtual Appliance Activation Key Warranty (Except Egypt). Applies to VE6120 or VE6125. Activation capacity urc sed separately. 30325 IdentiFi Activation Key (V4) for ExtremeCloud Appliance Software Wireless Egypt Physical Appliance V4 Warranty Activation Key for EGYPT ONLY 30326 IdentiFi Activation Key (V4) ExtremeCloud 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 ExtremeCloud 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 ExtremeCloud Appliance Software Wireless 100 Device Adoption Warranty License (Requires Subscription Purchase 9700330329 or 9560330329) 30330 IdentiFi 500 Device Adoption ExtremeCloud Appliance Software Wireless 500 Device Adoption Warranty Attachment D Page 155 of 471 Page 503 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 156 of 471 Page 504 of 1147 License (Requires Subscription Purchase 9700330330 or 9560330330) 30331 IdentiFi 2000 Device Adoption ExtremeCloud Appliance Software Wireless 2000 Device Adoption Warranty License (Requires Subscription Purchase 9700330331 or 9560330331) 30350 IdentiFi XCA 5 Dev Adoption Perm ExtremcCloud Appliance Software Wireless License 5 device permanent Warranty adoption license 30351 IdentiFi XCA 25 Dev Adoption ExtremeCloud Appliance Software Wireless Perm License 25 device permanent Warranty adoption license 30352 IdentiFi XCA 100 Dev Adoption ExtremeCloud Appliance Software Wireless Perm License 100 device permanent Warranty adoption license 30353 IdentiFi XCA 500 Dev Adoption ExtremcCloud Appliance Software Wireless Perm License 500 device permanent Warranty adoption license 30354 IdentiFi XCA 2000 Dev Adoption ExtremeCloud Appliance Software Wireless Perm License 2000 device permanent Warranty adoption license 30512 WING WSPS112VMR212VPWR Multi region 12V Indoor I Year Wireless SPLY External Power Supply Warranty Wing 30513 IdentiFi WSMBIWALL03 WALL Indoor wall mounting I Year Wireless MTG BRKT bracket for AP39351/e Warranty 30514 WING WSMBOARTOI Outdoor articulating I Year Wireless Articulating Mtg Brkt mounting bracket for Warranty AP3965i/e 30515 IdentiFi WSMBWALLEXTOI Wall Mounting bracket I Year Wireless extension for indoor and Warranty outdoor directional service antennas 30516 WING WSMBIWALL04 Wall Indoor wall mounting I Year Wireless Mt g Brkt bracket for AP3916ic Warranty 30517 WING WSEIOOI AP Enclosure Indoor/Outdoor AP I Year Wireless enclosure for underseat Warranty install 30518 WING WSMB1DCMTR0I Drop Ceiling MulfiT Rail I Year Wireless Bracket. Accommodates Warranty 9/16 15/16 and 1,5 wide Tbars Attachment D Page 156 of 471 Page 504 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 30519 WING WSMBO110I 1ITYPE Outdoor IlType mounting I Year Wireless MTG I3 bracket for AP3917i/e or Warranty AP 7662 i/e 30520 WING WSMBOPOLEOI POLE Outdoor Pole mounting I Year Wireless MTG B bracket for AP39171/e or Warranty AP 7662 i/e 30521 IdentiFi WSMBIWALL05 DESK Wall and Desk offset I Year Wireless MTG BRKT 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 WSCABRJ45FLTOI 300mm Ethernet I Year Wireless extension cable with RJ45 Warranty receptaclefor AP3915j or WSMBIWALL05 30527 Smart WSPSIIIOOWOI I I OOW Redundant Power I Year OnmiEdge Supply for E3120 Warranty Wireless 30702 IdentiFi WSAIDQ05120 5D13I Indoor 2.3 2.7/4.96. 1 GHz I Year Wireless 120DEG SECTOR 4feed 5d,Bi 120 degree Warranty sector antenna with standard RPSMAtype plug connector 30703 IdentiFi WSA15QO4060 4dbi 60deg Indoor 4.96.1 G -11z 4feed I Year Wireless Sector 4d13i 60 degree sector Warranty antenna with standard RPSMAtype plug 30704 IdentiFi WSA12QO5060 5dbi 60deg Indoor 2.32.7GIlz 4feed I Year Wireless Sector 5dBi 60 degree sector Warranty antenna with standard RPSMAtype plug connector 30705 IdentiFi WSAIDE07025 6.5/5DBI Indoor 2.4GHz/5GHz I Year Wireless 25DEG SECTOR eight feed 6.5/5.5d13i 25 Warranty degree sector antenna with standard PPSMAtype plug connector 30706 IdentiFi WSA15QO5025 5DBI Indoor 5GIlz four feed I Year Wireless 25DEG SECTOR 5d 3i 25 degree sector Warranty Attachment D Page 157 of 471 Page 505 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 158 of 471 Page 506 of 1147 antenna with RPSMAtype plug connector 30707 IdentiFi WSAIDE10055 10/6DBI Indoor 2.4G1Iz/5GIIz I Year Wireless 55DEG SECTOR eight feed 10/6dBi 55 Warranty degree sector antenna with standard RPSMAtype plug connector 30709 IdentiFi WSANT2DIP4 DIPOLE Indoor 2.4GHz dipole I Year Wireless antenna (4pack) Warranty 30710 IdentiFi WSANT5DIP4 DIPOLE Indoor 5GHz dipole I Year Wireless antenna(4pack) Warranty 30711 IdentiFi WSAODQ05120N 5DBI Outdoor I Year Wireless 120DEG SECTOR 2.3 2.7/4.9 6. 1 GHz 4feed Warranty 5dBi 120 degree sector antenna with standard Ntype plug connector 30712 IdentiFi WSA05Q04060N 4dBi Outdoor 4.96. 1 GHz 4feed I Year Wireless 60deg Sector 4dBi 60 degree sector Warranty antenna with standard Ntype plug 30713 IdentiFi WSA02Q05060N 5dbi Outdoor 2.32.7G11z 4feed I Year Wireless 60deg Sector 5dBi 60 degree sector Warranty antenna with standard Ntype Plug connector 30714 IdentiFi WSAODE07025N Outdoor 2.4GHz/5GHz I Year Wireless 6.5/5DBI 25DEG SECTOR eight feed 6.5/5.5dBi 25 Warranty degree sector antenna with standard Ntype plug connector 30715 IdentiFi WSAODE13025N Outdoor 2.4GI4z/5GIIz I Year Wireless 13/1 IDBI 25DEG eight feed 13/11 dB 1 25 Warranty SECTOR degree sector antenna with standard Ntype plug connector 30716 IdentiFi WSA05Q05025N 5DB1 Outdoor 5GHz four feed I Year Wireless 25T)EG SECTOR 5dBi 25 degree sector Warranty antenna with standard Ntype plug connector 30717 IdentiFi WSA05QI1025N I IDBI Outdoor 5GHz four feed I Year Wireless 25DEG SECTOR 11 dBi 25 degree sector Warranty antenna with standard Ntype plug connector 30718 IdentiFi WSAODE10055N 10/6DBI Outdoor 2.4GHz/5GHz I Year Wireless 55DEG SECTOR eight feed 10/6dBI 55 Warranty degree sector antenna with Attachment D Page 158 of 471 Page 506 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 159 of 471 Page 507 of 1147 standard Ntype plug connector 30720 IdentiFi WSAODE071 OON 7dbi Outdoor I Year Wireless 100deg Panel 2.42.5/5.155.875GHz Warranty Eightfeed 7dBi 100 degree panel antenna with standard Ntype plug connector 30724 WING WSAODQ0436ON 4 B Outdoor I Year Wireless OMNI 2.42.5/5.155.875GHz Warranty 4dB 1 Omni antenna with standard Ntype plug connector 30912 IdentiFi WSAP3805iFCC Cloudready Dual band Limited 06/30/ Wireless Dual Radio 802.11 ac/abgn Lifetime 2023 2x22 MIMO Indoor Wave Warranty I access point with four with internal antenna array. express Available in the US Advanced Puerto Rico and Hardware Colombia. Replacern ent-2 30913 IdentiFi WSAP3805iROW Cloudready Dual band Limited 06/30/ Wireless Dual Radio 802, 1 lac/abgn Lifetime 2023 2x22 MIMO Indoor Wave Warranty I access point with four with internal antenna array. express Not available in the US Advanced Puerto Rico nor Colombia Hardware verify country availability Replacern before ordering e-nt-2 31012 IdentIF] WSAP39351FCC Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with internal antenna array and express active/active E/N data Advanced ports, Restricted Hardware Regulatory Domain FCC Replacem (For following countries ent-2 US Puerto Rico Colombia) 31013 IdentiFi WSAP3935iROW Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with Attachment D Page 159 of 471 Page 507 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 160 of 471 Page 508 of 1147 internal antenna array and express active/active E/N data Advanced ports. Restricted Ilardware Regulatory Domain Rest Replacem of World ent-2 31014 IdentiFi WSAP3935eFCC Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with reverse polarity SMA express connectors (4 connectors Advanced per band) for external Hardware antenna array and Replacem active/active E/N data ent-2 ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31015 IdentiFi WSAP3935eROW Dual band Dual Radio Limited Wireless 802.11 ac/abgn 4x44 Lifetime MIMO Indoor wave2 Warranty access point with eight with reverse polarity SMA express connectors (4 connectors Advanced per band) for external Hardware antenna array and Replacern active/active E/N data ent-2 ports. Restricted Regulatory Domain Rest of World 31016 IdentiFi WSAP3965iFCC Dual band Dual Radio I Year Wireless 80111 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight internal antenna array and active/active E/N data ports. Restricted Regulatory Domain FCC (For following countries US Puerto Rico Colombia) 31017 IdentiFi WSAP39651ROW Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight Attachment D Page 160 of 471 Page 508 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 161 of 471 Page 509 of 1147 internal antenna array and active/active E/N data ports. Restricted Regulatory Domain Rest of World 31018 IdentiFi WSAP3965eFCC Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight Ntype jack connectors (4 connectors per band) for external antenna array and active/active E/N data ports. Restricted Regulatory Domain FCC (For following countries US Puerto RICO Colombia) 31019 IdentiFi WSAP3965eROW Dual band Dual Radio I Year Wireless 802.11 ac/abgn 4x44 Warranty MIMO Outdoor wave2 access point with eight Ntype Jack connectors (4 connectors per band) for external antenna array and active/active E/N data ports. Restricted Regulatory Domain Rest of World 31020 IdentiFi 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 E/N data Hardware ports. Restricted Replacem Regul, tory 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 509 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 162 of 471 Page 510 of 1147 Puerto Rico and Replacem Colombia. ent-2 31026 IdentiM WSAP3912iROW Wallplate Cloudready Limited Wireless Dual band Dual Radio Lifetime 802.11 ac/abgn 2x,22 Warranty MIMO Indoor Wave 2 with access point with four express internal antenna array. Advanced Verify country availability Hardware before ordering not Replacem, available in the US Puerto ent-2 Rico -nor Colombia. 31029 IdentiFi WSAP3915iFCC Cloudready Dual band Limited Wireless Dual Radio 802.11 ac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with four with internal antenna array and express integrated BTLE/802.15.4 Advanced radio. Available in the US Hardware Puerto Rico and Replacem Colombia. ent-2 31029 IdentiFi WSAP39151ROW Cloudready Dual band Limited Wireless Dual Radio 8 02. 11 ac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with four with internal antenna array and express integrated BTLE/802.15.4 Advanced radio. Verify country Hardware availability before Replacem ordering NOT' available in ent-2 the US Puerto Rico nor Colombia. 31031 IdentiFi WSAP3915eFCC Cloudready Dual band Limited Wireless Dual Radio 802,1 I ac/abgn Lifetime 2x22 MIMO Indoor Wave Warranty 2 access point with three with external antenna ports and express integrated BTLE/802.15.4 Advanced radio. Available in the US Hardware Puerto Rico and Replacem Colombia. ent-2 31032 IdentiFi WSAP3915eROW Cloudready Dual band Limited Wireless Dual Radio 8 02 , I I ac/abgn Lifetime 2x22 MINTO Indoor Wave Warranty 2 access point w/ 3 with Attachment D Page 162 of 471 Page 510 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 163 of 471 Page 511 of 1147 external antenna ports express integrated BTLE/802.15.4 Advanced radio. Verify country I lardware availability before Replacem ordering NOT available in ent-2 US Puerto Rico or Columbia. 31034 IdentiFi WSAP39161eFCC AP + Video Camera I Year Wireless Cloudready Dual band Warranty Dual Radio 8 02. 11 ac/abgn 2x22 MIMO Indoor Wave 2 access point with four internal antenna array and integrated BTLE/802.15.4 radio. Available in the US Puerto Rico and Colombia. 31035 ldentiFi WSAP3916icROW AP + Video Camera I Year Wireless Cloudready Dual band Warranty Dual Radio 8 02. 11 ac/abgn 2x22 MIMO Indoor Wave 2 access point with four internal antenna array and integrated BTLE/802.15.4 radio. Verify country availability ability before ordering NO'Favallable in the US Puerto Rico nor Colombia. 31050 IdentiFi WSAP3917iFCC Cloudready Dual band I Year Wireless Dual Radio 802.11 ac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four internal antenna array. Available in the US Puerto Rico and Colombia. 31051 IdentiM WSAP3917iROW Cloudready Dual band I Year Wireless Dual Radio 802 , I I ac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four internal antenna array. Verify country availability ability before ordering not available in Attachment D Page 163 of 471 Page 511 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 164 of 471 Page 512 of 1147 the US Puerto Rico Colombia nor Israel. 31055 IdentiFi WSAP3917eFCC Cloudready Dual band I Year Wireless Dual Radi o 8 02 , I I ac/abgn Warranty 2x22 MIMO Outdoor Wave 2 access point with four external antenna ports. Available in the US Puerto Rico and Colombia. 31056 Identi Fi WSAP3917eROW Cloudready Dual band I Year Wireless Dual Radio 802.11ac/abgn Warranty 2x22 MIS O Outdoor Wave 2 access point with four external antenna ports. Verify country availability ability before ordering not available in the US Puerto Rico Colombia nor Israel. 32216 Will( WSMBVVMM Vehicle Vehicle Mounted Modem I Year Wireless Bracket Bracket Warranty 36502 Smart LBSBLE2AP Bluetooth beacon No OmniEdge 2alkallne batteries fully Warranty Wireless provisioned 36504 Smart LBSBLE2LP Bluetooth beacon No OmniEdge 2lithium batteries fully Warranty Wireless provisioned 36506 Smart LBSBLE4AP Bluetooth beacon 4 No OmmEdge alkaline batteries fully Warranty Wireless provisioned 36508 Smart LBSBLE4LP Bluetooth beacon 4 No OmniEdge lithium batteries fully Warranty Wireless provisioned 36510 Smart LBSBLEUSBP Bluetooth beacon USB No OmniEdge fully provisioned Warranty Wireless 36511 Smart LBSBLE2AU8 Bluetooth beacon No OmniEdge 2alkaline batteries not Warranty Wireless provisioned (8Pack) 36513 Smart LBSBLE2LU8 Bluetooth beacon No OmniEdge 21ithmm batteries not Warranty Wireless provisioned (8Pack) Attachment D Page 164 of 471 Page 512 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 36515 Smart LBSBLE4AU8 Bluetooth beacon 4 No OmmEdge alkaline batteries not Warranty Wireless provisioned (81'ack) 36517 Smart LBSBLE4LU8 Bluetooth beacon 4 No OmniEdge lithium batteries not Warranty Wireless provisioned (81'ack) 36519 Smart LBSBLEUSBUIOO Bluetooth beacon USB No OmmEdge not provisioned (10OPack) Warranty Wireless 37101 WiNG AP761268OB30US 802.1 lac Wallplate Limited Wireless Wedge MUMIMO 2x22 Lifetime Dual radio internal Warranty antenna Domain United Wing States Puerto Rico 37102 WiNG AP761268OB30WR 802 . I I ac Wal 1pate Wedge Limited Wireless MUMIMO 2x22 Dual Lifetime radio internal antenna Warranty Domain Canada Colombia Wing EMEA 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 AP763268OB30US WiNG 802.11 ac Indoor Limited Wireless Wave 2 MUMIMO Lifetime Access Point 2x22 Dual Warranty Radio Wing 802.11 ac/abgn internal 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 EMEA Rest of World 37113 WiNG AP763268OB40US WiNG 802.11 ac Indoor Limited Wireless Wave 2 MUMIMO Lifetime Access Point 2x22 Dual Warranty Radio Wing 802.11 ac/abgnextemal 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 513 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 166 of 471 Page 514 of 1147 Point 2x22 Dual Radio Warranty 802. 11 ac/abgn external Wing antenna Domain Canada Colombia EMEA Rest of World 37115 WiNG AP7632680B30EG WiNG 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 80111 ac/abgnintemal Wing antenna Domain Egypt 37116 WING AP763268OB40EG WiNG 802.11 ae Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgnextemal Wing antenna Domain Egypt 37117 WiNG AP7632680B301L WiNG 802.11 ac Indoor Limited Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.11 ac/abgrunternal Wing antenna Domain Israel 37121 WiNG AP7662680B30US WiNG 802.11 ac Outdoor I Year Wireless Wave 2 MUMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgninternal antenna Domain United States Puerto RICO 37122 WiNG AP7662680B30WR WiNG 802.11 ac Outdoor I Year Wireless Wave 2MUMIMO Access Warranty Point 2x22 Dual Radio Wing 8 02. 11 ac/abgn internal antenna DomajnCanada Colombia EMEA Rest of World 37123 WiNG AP7662680B40US WiNG 802.11 ac Outdoor I Year Wireless Wave 2 MUMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgnexternal antenna Domain United States Puerto Rico 37124 WiNG AP7662680B40WR WiNG 802.11 ac Outdoor I Year Wireless Wave 2 MUMIMO Warranty Access Point 2x22 Dual Wing Radio 802.11 ac/abgnextemal Attachment D Page 166 of 471 Page 514 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 167 of 471 Page 515 of 1147 antenna Domain Colombia EMEA 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/abgnextemal antenna Domain Egypt 37130 WING AP766268OB301L WiNG 802.11 ac Outdoor I Year Wireless Wave 2 Access Point Warranty 2x22 Dual Radio Wing 802.11 ac/abgn Internal antenna Domain Israel 37201 WiNG Mounting Plate for Indoor Mounting Plate for Indoor I Month Wireless APs APs Warranty Wing 37210 WiNG Flat Metal Indoor Bracket Flat Metal Indoor Bracket I Month Wireless Warranty Wing 37211 WiNG WSMBIDCFLUSH Drop Ceiling Flat Tile I Month Wireless Tbar Bracket. Warranty Accommodates 9/16 Wing 15/16 and 1.5 wide Tbars 37215 WiNG PWR 12VDC 2A 2.5mm x PWR 12VDC 2A 2.5mm I Month Wireless 5.5mm connector x 5.5mm connector. Warranty Global AC plugs included Wing 37219 Smart PWR 12VDC 3A 2.5mm, x PWR 12VDC 3A 2.5mm I Year OmniEdge 5.5mm connector x 5.5mm connector, Warranty Wireless Global AC plugs included 37421 WING EGuestLICIAP ExtremeGuest Analytics Software Wireless License for 1AP Warranty 37422 WING EGuestLIC5AP ExtremeGuest Analytics Software Wireless License for 5APs Warranty 37423 WiNG EGuestLICIOAP ExtremeGuest Analytics Software Wireless License for 10APs Warranty 37424 WiNG EGuestLIC50AP ExtremeGuest Analytics Software Wireless License for 50APs Warranty 37425 'WiNG EGuestLIC100AP ExtremeGuest Analytics Software Wireless License for 100APs Warranty 37426 WiNG EGuestLIC500AP ExtrerneGuest Analytics Software Wireless License for 500APs Warranty 37427 WiNG EGuestLIC1000AP ExtremeGuest Analytics Software Wireless License for I OOOAPs Warranty 37428 WiNG EGuestLIC2000AP ExtremeGuest Analytics Software Wireless License for 2000APs Warranty Attachment D Page 167 of 471 Page 515 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39016 Subscriptio Cloud WEAN Mg FCC Cloud WLAN VIO Software n Reg Domain Subscription Licenses for Warranty Management Control and BYOD FCC Regulatory Domain (Used for Mixed 37XX/38XX/39XX Deployments Restricted to Qualified Partners) 39017 Subscriptio Cloud WLAN Mgmt ROW Cloud WLAN V10 Software n Domain Subscription Licenses for Warranty Management Control and BYOD ROW Regulatory Domain (Used for Mixed 37XX/38XX/39XX Deployments Restricted to Qualified Partners) 39018 Subscriptio Cloud WEAN Mg Base Cloud WLAN V10 Base Software n Subscription Licenses for Warranty Management Control and BYOD Worldwide (Only used with 39XX deployments Restricted to Qualified Partners) 39021 IdentiFi 802.1 lac Wave 2 Wireless Extreme Networks I Year 12/30/ Wireless Demo Bundle FCC 802.11 ac Wave 2 440G2 Warranty 2024 Partner DemoKit for US Puerto Rico and Colombia 39022 IdentiFi 802. 11 ae Wave 2 Wireless Extreme Networks I Year 07/25/ Wireless Demo Bundle EU 802.11 ac Wave 2 440G2 Warranty 2023 Partner De obit 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 44062 Warranty 2024 Partner DemoKit for Rest of World including EMEA 39031 IdentiFi WSAP3805i2xl Limited time 2 for I Limited 06/30/ Wireless promotion for the Lifetime 2023 AP3805i (verify country Warranty availability before with ordering) express Advanced Hardware Replacem ent-2 Attachment D Page 168 of 471 Page 516 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39032 IdentiFi WSAP3825i2xl Limited time 2 for I Limited 12/31/ Wireless promotion for the Lifetime 2022 AP3825i (verify country Warranty availability before with ordering) express Advanced I lardware Replacem ent-2 39033 IdentiFi WSAP3805iFCC2xl Limited time 2 for I Limited 06/20/ Wireless promotion for the Lifetime 2023 AP3805iF'CC (available in Warranty the US Puerto Rico and with Colombia) express Advanced Hardware Replacem ent-2 39034 IdentiFi WSAP38051ROW2xl Limited time 2 for I Limited 12/31/ Wireless promotion for the Lifetime 2022 AP3805iROW (not Warranty available for the US with Puerto Rico nor Colombia express verify RestofWorld Advanced country availability before Hardware ordering) Replacem ent-2 39035 IdentiFi WSAP3865e2xl Limited time 2 for I Limited 03/31/ Wireless promotion for the Lifetime 2023 AP3865e (verify country Warranty availability before with ordering) express Advanced Hardware Replacem ent-2 39036 IdentiFi WSAP3912]FCC2xl Limited time 2 for I Limited 06/28/ Wireless promotion for the Lifetime 2024 AP3912iFCC (available in Warranty the US Puerto Rico and with Colombia) express Advanced Hardware Replacem ent-2 Attachment D Page 169 of 471 Page 517 of 1147 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 AP3912iROW (Not Warranty available in FCC region with verify Restofforld express country availability before Advanced ordering) Hardware Replacem ent-2 39038 IdentiFi WSAP3935jFCC2x1 Limited time 2 for I Limited 12/28/ Wireless promotion for the Lifetime 2023 AP3935il'CC (available in Warranty the US Puerto Rico and with Colombia) express Advanced Hardware Replacem ent-2 39039 IdentiFi WSAP39351ROW2xl Limited time 2 for I Limited 12/28/ Wireless promotion for the Lifetime 2023 AP3935iROW (not Warranty available for the US with Puerto Rico nor Colombia express verify RestofWorld Advanced country availability before Hardware ordering) Replacem ent-2 39505 Smart SA201 Defender Adapter 201 1 Year OmmEdge with two 10/100/1000 Warranty Wireless BASET ports (I network port and I device port) power from POE/POE+ optional power adapter sold separately. Verify country availability before ordering. 39521 Smart Defender Lie for 10 End Defender License for 10 Software OmmEdge Systems Protected End Systems Warranty Applicatio as 39522 Smart Defender Lie for 100 End Defender License for 100 Software OmniEdge Systems Protected End Systems Warranty Applicatio as Attachment D Page 170 of 471 Page 518 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 39523 Smart Defender Lic for 1000 End Defender License for Software OmmEdge Systems 1000 Protected End Warranty Applicatio Systems ns 39524 Smart Defender Lic for 5000 End Defender License for Software OmmEdge Systems 5000 Protected End Warranty Applicatio Systems ns 39525 Smart Defender Lic for 10000 End Defender License for Software OmniEdge Systems 10000 Protected End Warranty Applicatio Systems ns 41011 BD 8K BD 8810 10 Slot Chassis BlackDiamond 8810 1 Year 06/30/ 10Slot Chassis (Includes Warranty 2023 Fan Tray) 41012 BD 8K BD 8806 6SIot Chassis Black Diamond 8806 1 Year 06/30/ 6Slot Chassis (Includes Warranty 2023 Fan Tray) 41050 BD 8K BD 8806 600W/900W PSU BD 8806 600W/900W I Year 06/30/ 100240V PSU Warranty 2023 41114 BD 8K BD 8806 AC PSU Cover Black -Diamond 8806 PSU I Year 06/30/ cover (includes power Warranty 2023 cord retainer bracket) 41115 BD 8K BD 8810 AC PSU Cover BlackDiamond 8810 PSU 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 BlackDiarnond 8800 Warranty 2023 Spare Blank Panel 41141 BD 8K BD 8810 Mid Mount Kit BlackDiamond 8810 Mid I Year 06/30/ Mount Kit Warranty 2023 41151 BD 8K BD Cable Management BlackDiamond Cable I Year 06/30/ Clip Kit Management Clip Kit Warranty 2023 41213 BD 8K BD 8800 MSM48c BlackDiamond 8800 1 Year 06/30/ Management Switch Warranty 2023 Module optional 1/0 port 41216 BD 8K BD 880OMSM96 Management Switch I Year 06/30/ Module Warranty 2023 41231 BD 8K BD 890OMSM128 Management Switch I Year 06/30/ Module Warranty 2023 41251 BD 8K BD 850OMSM24 Management Switch Limited 03/04/ Module Lifetime 2020 Warranty with express Advanced Attachment D Page 171 of 471 Page 519 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 172 of 471 Page 520 of 1147 I lardware Replacern ent 41312 BD 8K BD 8800 MPLS Feature ExtrerneXOS MPLS Software 06/30/ Pack Feature Pack for Warranty 2023 BlackDiamond 8800 series switches requires MSM 128 8900XL interface modules and ExtrerneXOS 12.5 (or greater) 41314 BD 8K BID 8800 Core License BlackDiamond 8800 Software 06/30/ ExtremeXOS Core Warranty 2023 Software Upgrade OpenFlow Feature Pack 41516 BD 8K BD 8800 G48Te2 BlackDlamond 8800 1 Year 06/30/ 48port Warranty 2023 10/100/IOOOBASEI' RJ45 edge o tional POE card 41517 BD 8K BID 8800 G48Tc BlackDiamond 8800 1 Year 06/30/ 48port Warranty 2023 10/100/1000BASET RJ45 optional POE card 41521 BD 8K BD 890OG48Xxl 48port IOOOBASEX SFP I Year 06/30/ Warranty 2023 41531 BD 8K BID 890OG48Txl 48port I Year 06/30/ 10/ 100/ 1 OOOBASET RJ45 Warranty 2023 41532 BD 8K BID 890OG96Tc 96port I Year 06/30/ 10/100/1000BASET Warranty 2023 RIR J21 41543 BD 8K BID 8800 G24Xe BlackDianiond 8800 1 Year 06/30/ 24port IOOOBASEX Warranty 2023 miniGBIC 41544 BD 8K BD 8800 G48Xc BlackDiamond 8800 1 Year 06/30/ 48port IOOOBASEX Warranty 2023 rnmiGBIC 41561 BD 8K BD 850OG24Xe 24poit IOOOBASEX SFP Limited 03/04/ Lifetime 2020 Warranty with express Advanced Hardware Replacern ent Attachment D Page 172 of 471 Page 520 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 41614 BID 8K BD 8800 IOG4Xc BlackDiamond 8800 4port I Year 06/30/ IOGBASEXFP Warranty 2023 41615 BID 8K BE) 8800 IOG8Xc BlackDiamond 8800 Sport I Year 06/30/ IOGBASEXFP Warranty 2023 41631 BID 8K BID 89001 OG8Xxl Sport I OGBASEX XFP I Year 06/30/ Warranty 2023 41711 BD MS BID 890040G6Xxm BlackDiamond 8900xm I Year 06/30/ 6port 40GBASEX QSFP+ Warranty 2023 Module 41811 BID 8K BD 8800 SPOE BlackDiamond 8800 POE I Year 06/30/ Card (addon module for Warranty 2023 8800 G48Tc 8800 G48Te2 and 8500048Te) 41821 BD 8K BD 8800 SG8Xc BlackDianiond 8800 Sport I Year 06/30/ 10 SFP card (addon Warranty 2023 module for MSM48c) 41822 BD 8K BD 8800 SIOGIXc BlackDiamond 8800 I -port I Year 06/30/ I OG XFP card (addon Warranty 2023 module for MSM48c) 41823 BID 8K BD 8800 SIOG2Xc BlackDiamond 8800 2port I Year 06/30/ I OGBASEX SFP+ card Warranty 2023 (addon module for MSM24 MSM48c and MSM128) 48001 BD BDX8AC Blacl-,Diamand 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 X BDXPSUAC2500 250OW AC Power Supply I Year 06/30/ for BlackDlamond X Warranty 2023 series chassis. Up to 8 supported in the BDX8 chassis. 48015 BD X BDX8FAN Fan Tray for I Year 06/30/ Blacl-,Diamond X8 chassis Warranty 2023 spare. 5 fan trays required in the systern. 48018 BD BDXIOBLANKE Enhanced Blank Panel for I Year 06/30/ BlackDiamond X series Warranty 2023 chassis for empty 1/0 module slot 48020 BD X BDX8MMK Mid Mount Kit for I Year 06/30/ BlackDiamond X8 chassis Warranty 2023 Attachment D Page 173 of 471 Page 521 of 1147 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 1+1 redundancy. 48031 BD X BDXAFM20T 5.12T'bps Fabric Module I Year 06/30/ for BlackDiamond X Warranty 2023 chassis. Minimum 3 modules required for wirespeed performance 4 required for N+1 redundancy supporting full 20Tbps. 48032 BD X BDXAFMIOT 2.56Tbps Fabric Module I Year 06/30/ for BlackDjamand X Warranty 2023 chassis. Minimum 3 modules required for wirespeed performance 4 required for N+I redundancy supporting full I OTbps. 48038 BD X BDXAG48T 48Port I GBASET RJ45 I Year 06/30/ module for Warranty 2023 Black,Diamond X series chassis. Up to 8 modules in the BDXS chassis support up to 384 wirespeed 100/100OMbE copper ports and work with either 2.56 or 5.12Tbps Fabric Modules. 49039 BD X BDXAG48X 48Port IGBASEX SFP I Year 06/30/ module for Warranty 2023 BlackDiamond X series chassis. Up to 8 modules in the BDXS chassis support up to 384 wirespeed GbE copper ports and work with either 2.56 or 5.12Tbps Fabric Modules. 48040 BD BDXAlOG48T 48Port I OGBASET 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 522 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 175 of 471 Page 523 of 1147 support Lip to 384 wirespeed IOGbE copper ports and work with either 2.56 or 5.12Tbps Fabric Modules. 48041 BD X BDXAlOG48X 48Port IOGBASEX SFP+ I Year 06/30/ module for Warranty 2023 Blacl-,Diamond X series chassis. Up to 8 modules in the BDXS chassis support up to 384 wirespeed I OGbE ports and work with either 2.56 or 5.12Tbps Fabric Modules. Optics and cables are not included. 48046 BD X BDXA40GI2X 12port 40GBASEX I Year 06/30/ QSFP+ module for Warranty 2023 BlackDiamond X series chassis 48047 BD BDXB40G]2XXL 12Port 40GBASEX XL I Year 06/30/ QSFP+ module for Warranty 2023 BlacicDiamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 96 wirespeed 40GbE or 384 wirespeed I OGbE ports and work with either 2.56 or 5.12Tbps Fabric Modules. Licenses optics and cables are not included. 48051 BD X BDXA40G24X 24Port 40GBASEX I Year 06/30/ QSFP+ module for Warranty 2023 Blacl-,Diamond X series chassis. Up to 8 modules in the BDX8 chassis support up to 192 wirespeed 40GbE or 768 wirespeed I OGbE ports and only work with 5.12Tbps Fabric Module. Optics and cables are not included. Attachment D Page 175 of 471 Page 523 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 48061 BE) X BDXBIOOG4X 4Port 100G13ASEX 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 10OGbE or 320 wirespeed I OGbE ports and work with either 2.56 or 5.12Tbps Fabric Modules. Optics and cables are not included. 48062 BD X BDXBIOOG4XXL 4Port I OOGBASEX XL I Year 06/30/ CFP2 module for Warranty 2023 BlackDiarriond X series chassis. Up to 8 modules in the BDX8 chassis support up to 32 wirespeed 10OGbE or 320 wirespeed I OGbE ports and work with either 2.56 or 5.12Tbps Fabric Modules. Licenses optics and cables are not included. 48093 BD BDXMPLSLIC MPLS Feature Pack Software 06/30/ license for the Warranty 2023 BlackDiamond X8 chassis 48094 BD X BDXCORELIC Core license for the Software 06/30/ BlackDiamond X8 chassis Warranty 2023 for scalable Layer 3 rich applications Open Flow Feature Pack 60020 BD 8K. 70OW/1200W 1002400 700W/120OW I Year 06/30/ PSU 100240VAC Power Warranty 2023 SUPPI Unit 60021 BD 8K 120OW 48V DC PSU 1200W 48V DC Power I Year 06/30/ SUPPI Unit Warranty 2023 65046 BD 8K BD 8806 / BD 12804 Mid BlackDiamond 88061 1 Year 06/30/ Mount Kit BlackDiamond 12804 Warranty 2023 Mid Mount Kit 85108 Network INFO GOVERNANCE INFORMATION Software Manage ENGINE UP TO 10 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE Attachment D Page 176 of 471 Page 524 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 177 of 471 Page 525 of 1147 SOLUTION UP TO 10 DEVICES 85109 Network INFO GOVERNANCE INFORMATION Software Manage ENGINE UP TO 25 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE SOLUTION UP TO 25 DEVICES 85110 Network INFO GOVERNANCE INFORMATION Software Manage ENGINE UP TO 50 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE SOLUTION UP TO 50 DEVICES 85111 Network INFO GOVERNANCE INFORMATION Software Manage ENGINE UP TO 100 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE SOLUTION UP TO 100 DEVICES 85112 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE UP TO 250 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE SOLUTION UP TO 250 DEVICES 85113 Network INFO GOVERNANCE INFORMATION Software Managerne ENGINE UP TO 500 GOVERNANCE Warranty nt DEVICES ENGINE NETWORK COMPLIANCE SOLUTION UP TO 500 DEVICES 85114 Network INFO GOVERNANCE INFORMATION Software Manage ENGINE U DEVICES GOVERNANCE Warranty nt ENGINE NETWORK COMPLIANCE SOLUTION UNRESTRICTED 85115 Network UPGRADE IGEIO TO INFORMATION Software Managerne IGE25 GOVERNANCE Warranty nt ENGINE UPGRADE 1GEI0 TO IGE25 85116 Network UPGRADE IGE25 TO INFORMATION Software Managerne IGE50 GOVERNANCE Warranty nt ENGINE UPGRADE IGE25 TO IGE50 Attachment D Page 177 of 471 Page 525 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 85117 Network UPGRADE IGE50 TO INFORMATION Software Manageme IGE100 GOVERNANCE Warranty nt ENGINE UPGRADE IGE50 TO IGE100 85118 Network UPGRADE IGEIOO TO INFORMATION Software Managerne IGE250 GOVERNANCE Warranty nt ENGINE UPGRADE IGE100 TO IGE250 85119 Network UPGRADE IGE250 TO INFORMATION Software Manage IGE500 GOVEI-),NANCE Warranty nt ENGINE UPGRADE IGE250 TO IGE500 85120 Network UPGRADE IGE500 TO INFORMATION Software Manageme IGEU UNRESTRICTED GOVERNANCE Warranty Lit ENGINE UPGRADE IGE500 TO IGEU UNRESTRICTED 86100 Network ExtremeManagement ExtremeManagement I Year Manageme Appliance NMSA25 Appliance NMSA25 Warranty nt manages Lip to 5K Devices 86101 Network ExtremeManagement Extreme Management I Year Manageme Appliance NMSA305 Appliance NMSA305 Warranty nt manages Up to 10K 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 fAA305 up to Warranty 24K ES 88100 AppID ExtremeAnalytics ExtremeAnalytics I Year Appliance PVA305 Appliance PVA305 up to Warranty I.3M FPM 88201 AppID EA I k Client Lie ExtremeAnalytics Ik Software Client license Warranty 89202 AppID EA 3k Client Lie ExtremeAnalytics 3k Software Client license Warranty 88203 AppID EA 12k Client Lie ExtremeAnalytics 12k Software Client license Warranty 88211 AppID EA Virtual Sensor VS100 ExtremeAnalytics Virtual Software 10 Instance Lie Sensor VS 100 10 Instance Warranty License 88212 ApplD EA Virtual Sensor VS250 ExtrerneAnalytics Virtual Software 10 Instance Lie Sensor VS250 10 Instance Warranty License Attachment D Page 178 of 471 Page 526 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89001 Security LMG2AIOSTD Extreme Log I Year 06/01/ Management G2 Warranty 2020 ALLINONE Standard Appliance ( Base 500 EPS) 89002 Security LMG2AIOSTDHA Extreme Log I Year 06/01/ Management G2 Warranty 2020 ALL Standard HA Appliance ( Base 500 EPS) 89003 Security LMG2AIOENT Extreme Log I Year 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Appliance ( Base 1000 EPS) 89004 Security LMG2AIOENTHA Extreme Log I Year 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise IIA Appliance (Base 1000 EPS) 89005 Security LMG2AIOENTPL Extreme Log I Year 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus Appliance (Base 1000 EPS) 89006 Security LMG2AIOENTPLHA Extreme Log I Year 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus HA Appliance (Base 1000 EPS) 89007 Security LMG2AIOVIR Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Virtual (Base 100 EPS) 89008 Security LMG2A10VIRHA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Virtual HA (Base 100 EPS) 89009 Security LMG2CONENT Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Appliance 89010 Security LMG2CONENTHA Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise HA Appliance Attachment D Page 179 of 471 Page 527 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89011 Security LMG2CONENTPL Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Plus Appliance 89012 Security LMG2CONENTPLIIA Extreme Log I Year 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Plus HA Appliance 89013 Security LMG2CONVIR Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Virtual 89014 Security LMG2CONVIRHA Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Virtual HA 99015 Security LMG2EVPENI" Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Appliance Base 2500 EPS) 89016 Security LMG2EVPENTHA Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise HA Appliance (Base 2500 EPS) 89017 Security LMG2EVPENTPL Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Plus Appliance (Base 2500 EPS) 89018 Security LMG2EVPENTPLHA Extreme Log I Year 06/01/ Management G2 EVP Warranty 2020 Enterprise Plus HA Appliance ( Base 2500 EPS) 89019 Security LMG2EVPVIR Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Virtual (Base 100 EPS) 89020 Security LMG2EVPVIRHA Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Virtual HA (Base 100 EPS) 89021 Security LMG2ADD100E Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 100 License 89022 Security LMG2ADD100EHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 100 IIA License 89023 Security LMG2ADD0.51KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Attachment D Page 180 of 471 Page 528 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 181 of 471 Page 529 of 1147 Increase 500 to 1000 License 89024 Security LMG2ADDO.51KE11A Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 500 to 1000 IIA License 89025 Security LMG2ADD]2.5KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 1000 to 2500 License 89026 Security LMG2ADD12.5KEITA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 1000 to 2500 ITA License 99027 Security LMG2ADD2.5KE Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 2500 License 89028 Security LMG2ADD2.5KEHA Extreme Log Software 06/01/ Management G2 EPS Warranty 2020 Increase 2500 HA License 89029 Security LMG2CONUPENT Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Upgrade to CONSOLE Enterprise 89030 Security LMG2CONU?ENTIIA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise HA Upgrade to CONSOLE Enterprise HA 89031 Security LMG2CONUPENTPL Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus Upgrade to CONSOLE Enterprise Plus 89032 Security LMG2CONUPENT'PLHA Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus IIA Upgrade to CONSOLE Enterprise Plus IIA 89033 Security LMG2S1EMAIOUPSTD Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Standard Attachment D Page 181 of 471 Page 529 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 182 of 471 Page 530 of 1147 Convert to SIEM ALLINONE Standard 89034 Security LMG2SIEMAIOUPSTDfl Extreme Log Software 06/01/ A Management G2 Warranty 2020 ALLINONE Standard IIA Convert to SIEM ALLINONE Standard IIA 89035 Security LMG2SIEMAIOUPENT Extreme Log Software 06/01/ Management G2 Warranty 2020 AL L I NONE Enterprise Convert to SIEM ALLINONE Enterprise 89036 Security LMG2SIEMAIOUPENTfl Extreme Log Software 06/01/ A Management G2 Warranty 2020 ALLINONE Enterprise HA Convert to SIEM ALL Enterprise HA 89037 Security LMG2SIEMAIOUPENTPL Extreme Log Software 06/01/ Management G2 Warranty 2020 ALLINONE Enterprise Plus Convert to SIEM ALLINONE Enterprise Plus 89038 Security LMG2S]EMAIOUPENTPL Extreme Log Software 06/01/ HA Management G2 Warranty 2020 ALLINONE Enterprise Plus HA Convert to SIEM ALLINONE Enterprise Plus HA 89039 Security LMG2SIEMAIOUPIK2.5 Extreme Log Software 06/01/ KE Management G2 Warranty 2020 ALLINONE Convert to SIEM ALLINONE EPS Increase 1000 to 2500 License (For both Enterprise Enterprise Plus) 89040 Security LMG2SIEMAIOUPIK2.5 Extreme Log Software 06/01/ KEHA Management G2 Warranty 2020 ALLINONE Convert to SIEM ALLINONE EPS Increase 1000 to 2500 License HA License (For both Enterprise Enterprise Plus) Attachment D Page 182 of 471 Page 530 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89041 Security LMG2SIEMAIOUP2.5KE Extreme Log Software 06/01/ Management G2 Warranty 2020 ALL INONE Convert to SIEM ALLINONE EPS Increase 2500 SW License (For both Enterprise Enterprise Plus) 89042 Security LMG2S1EMA1OUP2.5KE Extreme Log Software 06/01/ IIA Management G2 Warranty 2020 ALLINONE Convert to SIEM ALLINONE EPS Increase 2500 SW HA License (For both Enterprise Enterprise Plus) 89043 Security LMG2SIEMCONUPENT Extreme Log Software 06/01/ Management G2 Warranty 2020 CONSOLE Enterprise Convert to SIEM CONSOLE Enterprise 89044 Security LMG2SIEMCONUPENTH Extreme Log Software 06/01/ A Management G2 Warranty 2020 CONSOLE Enterprise IIA Convert to SIEM CONSOLE Enterprise IIA 89045 Security LMG2SIEMCONUPENf'P Extreme Log Software 06/01/ L Management G2 Warranty 2020 CONSOLE Enterprise Plus Convert to SIEM CONSOLE Enterprise Plus 89046 Security LMG2S[EMCONUPENTP Extreme Log Software 06/01/ LHA Management G2 Warranty 2020 CONSOLE Enterprise Plus HA Convert to SIEM CONSOLE Enterprise Plus HA 89047 Security LMG2S[EMEVPUPENT Extreme Log Software 06/01/ Management (12 EVP Warranty 2020 Enterprise Convert to SIEM EVP Enterprise 89048 Security LMG2SIEMEVPUPENTH Extreme Log Software 06/01/ A Management G2 EVP Warranty 2020 Enterprise HA Convert to SlEM EVP Enterprise HA Attachment D Page 183 of 471 Page 531 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89049 Security LMG2SIEMEVPUPENTP Extreme Log Software 06/01/ L Management G2 EVP Warranty 2020 Enterprise Plus Convert to SIEM EVP Enterprise Plus 89050 Security LM G2SIEMEVPUPL,NTP Extreme Log Software 06/01/ Ll [A Management G2 EVP Warranty 2020 Enterprise Plus HA Convert to SIEM EVP Enterprise Plus HA 89051 Security LM G2SIEMEVPUP2.5KE Extreme Log Software 06/01/ Management G2 EVP Warranty 2020 Convert to SIEM EVP EPS Increase 2500 SW License (For both Enterprise Enterprise Plus) 89052 Security LMG2SIEMEVPUP2.5KL,' Extreme Log Software 06/01/ HA Management G2 EVP Warranty 2020 Convert to SIEM EVP EPS Increase 2500 SW HA License (For both Enterprise Enterprise Plus) 89053 Security LM G2LSADD50 Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 50 89054 Security LMG2LSADD500 Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 500 89055 Security LM G2LSADDIK Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 1000 89056 Security LM G2LSADD5K Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 5000 89057 Security LM G2LSADDIOK Extreme Log Software 06/01/ Management G2 Log Warranty 2020 Source Increase 10000 89058 Security SRM G2APL Extreme Security Risk I Year 06/01/ Manager G2 Appliance Warranty 2020 Base 50 Sources) 89059 Security SRM G2V1R Extreme Security Risk Software 06/01/ Manager G2 VM License Warranty 2020 (Base 50 Sources) Attachment D Page 184 of 471 Page 532 of 1147 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 SRMG2ADDIK Extreme Security Risk Software 06/01/ Manager G2 1000 Source Warranty 2020 Increase SW License 89065 Security SR-MG2ADD2.5K Extreme Security Risk Software 06/01/ Manager G2 2500 Source Warranty 2020 Increase SW License 89066 Security SRMG2ADD5K Extreme Security Risk Software 06/01/ Manager G2 5000 Source Warranty 2020 Increase SW License 89067 Security SVMG2SAAPL Extreme Security I Year 06/01/ Vulnerability Manager G2 Warranty 2020 Standalone Appliance ( Base 255 scanning assets + 50 EPS Log Management) (No Integration with other STEM or LM 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 STEM or LM products) 89069 Security SVMG20NBOX Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 ON BOARD for Console or AlfinOne SW License 89070 Security SVMG20FFBOXAPL 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 533 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 186 of 471 Page 534 of 1147 (Base on Base 255 scanning assets) 89071 Security SVMG20FFBOXVlR Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 OFF BOARD for Console or AlfinOnc 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 SVMG2ADDl 6K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 16384 89078 Security SVMG2ADD32K Extreme Security Software 06/01/ Vulnerability Manager G2 Warranty 2020 Scanning Assets Increase by 32768 89079 Security SIEMG2AIOSTD Extreme SIEM G2 I Year 06/01/ ALLINONE Standard Warranty 2020 Appliance (Base lK EPS 25K Flows) 89080 Security SIEMG2A1OSTDHA Extreme SIENI G2 I Year 06/01/ ALLINONE Standard HA Warranty 2020 Appliance (Base 1K EPS 25K Flows) 89081 Security SIEMG2AIOENT Extreme SIENT G2 I Year 06/01/ ALLINONE Enterprise Warranty 2020 Attachment D Page 186 of 471 Page 534 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 187 of 471 Page 535 of 1147 Appliance (Base IK EPS 25K Flows) 89082 Security SIEMG2AIOENT[IA Extreme SIEM G2 I Year 06/01/ ALLIIN ONE Enterprise Warranty 2020 IIA Appliance (Base IIS EPS 25K Flows) 89083 Security SIEMG2A-IOENTPL Extreme SIEM G2 I Year 06/01/ AL L I NONE Enterprise Warranty 2020 Plus Appliance (Base Iii EPS 25 [,,'- Flows) 89084 Security SIEMG2AIOENT1'LIIA Extreme SIEM G2 I Year 06/01/ ALLINONE Enterprise Warranty 2020 Plus HA Appliance (Base I K EPS 25K Flows) 99085 Security SIEMG2AIOVIR Extreme SIEM G2 Software 06/01/ ALLINONE Virtual (Base Warranty 2020 100 EPS 15K Flows) 89086 Security SIEMG2AIOVIRHA Extreme SIEM G2 Software 06/01/ ALLINONE Virtual HA Warranty 2020 (Base 100 EPS 15K Flows) 89087 Security SIEMG2CONENT Extreme SIEM G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 A liancc 89088 Security SIEMG2CONENTHA Extreme SIEM G2 I Year 06/01/ CONSOLE Enterprise IIA Warranty 2020 Appliance 89089 Security SIEMG2CONENTPL Extreme SIEM G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 Plus Appliance 89090 Security SIEMG2CONENTPLHA Extreme SIEM G2 I Year 06/01/ CONSOLE Enterprise Warranty 2020 Plus HA Appliance 89091 Security SIE1' G2CONVIR Extreme SIEM G2 Software 06/01/ CONSOLE Virtual Warranty 2020 89092 Security SIEMG2CONVIRHA Extreme SIEM G2 Software 06/01/ CONSOLE Virtual HA Warranty 2020 89093 Security SIEMG2EVPENT' Extreme SIEM G2 EVP I Year 06/01/ Enterprise Appliance Warranty 2020 Base 2500 EPS) 89094 Security SlEMG2EVPENTHA Extreme SIEM G2 EVP I Year 06/01/ Enterprise HA Appliance Warranty 2020 (Base 2500 EPS) 89095 Security SIEMG2EVPENTPL Extreme SIEM G2 EVP I Year 06/01/ Enterprise Plus Appliance Warranty 2020 (Base 2500 EPS) Attachment D Page 187 of 471 Page 535 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89096 Security SIEMG2EVPENTPLIIA Extreme SIEM G2 EVP I Year 06/01/ Enterprise Plus HA Warranty 2020 Appliance (Base 2500 EPS) 89097 Security SIEMG2EVPVIR Extreme SIEM G2 EVP Software 06/01/ Virtual (Base 100 EPS) Warranty 2020 89098 Security SlEMG2EVPVIRIJA Extreme STEM G2 EVP Software 06/01/ Virtual HA (Base 100 Warranty 2020 EPS) 89099 Security SIEMG2FLPENT Extreme STEM G2 FLP I Year 06/01/ Enterprise Appliance ( Warranty 2020 x1705 Base lOOK Flows) 89100 Security SIEMG2FLPENTHA Extreme SIEM G2 FLP I Year 06/01/ Enterprise HA Appliance an cc Warranty 2020 ( x1705 Base 100K Flows) 89101 Security SIEMG2FLPENTPL Extreme SIEM G2 FLP I Year 06/01/ Enterprise Plus Appliance Warranty 2020 (x1728 Base 100K Flows) 89102 Security SIEMG2FLPENTPLHA Extreme SIE/ G2 FLP I Year 06/01/ Enterprise Plus HA Warranty 2020 Appliance (x1728 Base IOOK Flows) 89103 Security SIEMG2FLPVIR Extreme SIEM G2 FLP Software 06/01/ Virtual (Base 15K Flows) Warranty 2020 89104 Security SIEMG2FLPVIRHA Extreme SIEM G2 FLP Software 06/01/ Virtual IIA (Base 15K Warranty 2020 Flows) 89105 Security SIEMG2CEFENT Extreme STEM G2 I Year 06/01/ Combined EVPFLP Warranty 2020 Enterprise Appliance x1805 Base 1000 EPS 25K Flows) 89106 Security SIEMG2CEFENTHA Extreme STEM G2 I Year 06/01/ Combined EVPFLP Warranty 2020 Enterprise HA Appliance ( x1805 Base 1000 EPS 25K Flows) 89107 Security SIEMG2CEFFNTPL Extreme STEIN G2 I Year 06/01/ Combined EVPFLP Warranty 2020 Enterprise Plus Appliance ( x1828 Base 1000 EPS 25K Flows) 89108 Security SIEMG2CEFENTPLHA Extreme SIEM G2 I Year 06/01/ Combined EVPFLP Warranty 2020 Attachment D Page 188 of 471 Page 536 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 189 of 471 Page 537 of 1147 Enterprise Plus IIA Appliance (xI828 Base 1000 EPS 25K Flows) 89109 Security SIEMG2EVCAPL Extreme SIEM G2 Event I Year 06/01/ Collector Appliance Warranty 2020 89110 Security SIMEG2EVCVIR Extreme SIEM G2 Event Software 06/01/ Collector Virtual Warranty 2020 89111 Security SlEN4G2DNENT Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Warranty 2020 Appliance 89112 Security SIEMG2DNENTHA Extreme SIEM G2 Data I Year 06/01/ Node Enterprise HA Warranty 2020 Appliance 89113 Security SIEMG2D-NEN'FPL Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Plus Warranty 2020 Appliance 89114 Security SIEMG2DNENTPLHA Extreme SIEM G2 Data I Year 06/01/ Node Enterprise Plus HA Warranty 2020 Appliance 89115 Security SlEMG2DNVIR Extreme SIEM G2 Data Software 06/01/ Node Virtual Warranty 2020 89116 Security SIEMG2DNVIRIIA Extreme SIEM G2 Data Software 06/01/ Node Virtual HA Warranty 2020 89117 Security SlEMG2FCIGTX Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance I Warranty 2020 Gbps TX 89118 Security SIEMG2FCIGTXFCA Extreme SIEM G2 Flow I Year 06/01/ Collector IIA Appliance I Warranty 2020 Gbps TX 89119 Security SIEMG2FCMGTX Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps TX 89120 Security SIEMG2FCMGTXHA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps TX 89121 Security SIEMG2FCMGSX Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance ance Warranty 2020 MultiGbps SX 89122 Security SlEMG2FCMGSXIIA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultIGbps SX 89123 Security S[EMG2FCMGSR Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps Fiber SR Attachment D Page 189 of 471 Page 537 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89124 Security SIEMG2FCMGSR1IA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps Fiber SR 89125 Security SIEMG2FCMGLR Extreme SIEM G2 Flow I Year 06/01/ Collector Appliance Warranty 2020 MultiGbps Fiber LR 89126 Security SIEMG2FCMGLRIJA Extreme SIEM G2 Flow I Year 06/01/ Collector HA Appliance Warranty 2020 MultiGbps Fiber LR 89127 Security SIEMG2VFC Extreme SIEM G2 VI'low Software 06/01/ Collector Warranty 2020 89128 Security SIEMG2VFCHA Extreme SIEM G2 VF]ow Software 06/01/ Collector HA Warranty 2020 89129 Security SIEMG2ADDIOOE Extreme SIEM G2 EPS Software 06/01/ Increase 100 License Warranty 2020 89130 Security SIEMG2ADD100EHA Extreme SIEM G2 El's Software 06/01/ Increase 100 HA License Warranty 2020 89131 Security SIEMG2ADDO.51KE Extreme SIEM G2 EPS Software 06/01/ Increase 500 to 1000 Warranty 2020 License 89132 Security SIEMMADDO.51KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 500 to 1000 IIA Warranty 2020 License 89133 Security SIEMG2ADD12.5KE Extreme SIEM G2 EPS Software 06/01/ Increase 1000 to 2500 Warranty 2020 License 89134 Security SIEN4G2ADD12.5KEHA Extreme SIEM G2 EPS Software 06/01/ Increase 1000 to 2500 IIA Warranty 2020 License 89135 Security S1EMG2ADD2.5KE Extreme SIEM G2 EPS Software 06/01/ Increase 2500 License Warranty 2020 89136 Security SIEMG2ADD2.5KL,HA Extreme SIEM G2 EPS Software 06/01/ Increase 2500 HA License Warranty 2020 89137 Security SIEMG2ADD1525KF Extreme SIEM G2 Flow Software 06/01/ Increase 15K to 25K VM Warranty 2020 License 89138 Security SlEMG2ADD1525KFIIA Extreme SIEM G2 Flow Software 06/01/ Increase 15K to 25K VM Warranty 2020 IIA License 89139 Security SIEMG2ADD255OKF Extreme SIEM G2 Flow Software 06/01/ Increase 25K to 50K Warranty 2020 License 89140 Security SIEMG2ADD255OKFIIA Extreme SIEM G2 Flow Software 06/01/ Increase 25K to 50K HA Warranty 2020 License Attachment D Page 190 of 471 Page 538 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89141 Security SIEMG2ADD50100KF Extreme SIEM G2 Flow Software 06/01/ Increase 5 OK to 100K Warranty 2020 License 89142 Security SIEMG2ADD50100K-'FIA Extreme SIEM G2 Flow Software 06/01/ Increase 50K to 100K IIA Warranty 2020 License 89143 Security SIEMG2ADDIO0KF Extreme SIEM G2 Flow Software 06/01/ Increase 100K License Warranty 2020 89144 Security SIEMG2ADDIO0KFHA Extreme SIEM G2 Flow Software 06/01/ Increase 100K HA Warranty 2020 License 89145 Security SIEMG2CONUPENT Extreme S IEM G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 Upgrade to CONSOLE Enterprise 89146 Security SIE1' G2CONUPENTHA Extreme SIEM G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 HA Upgrade to CONSOLE Enterprise HA 89147 Security SIEMG2CONUPENTPL Extreme SIEM G2 Software 06/01/ ALLINONE Enterprise Warranty 2020 Plus Upgrade to CONSOLE Enterprise Plus 89148 Security SIEMG2CONUPENTPLH Extreme SIEM G2 Software 06/01/ A ALLINONE Enterprise Warranty 2020 Plus HA Upgrade to CONSOLE Enterprise Plus HA 89149 Security SIEMG21PRAEVPSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 EVP I year Subscription License 89150 Security SIE1' G21PRVEVPSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 EVP Virtual I year Subscription License 89151 Security SIEMG21PRAFLPSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 FLP I year Subscription License 89152 Security SIEMG21PRVFLPSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 FLP Virtual I year Subscription License Attachment D Page 191 of 471 Page 539 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89153 Security SIEMG21PRCEPSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 Combined EVPIFLP I year Subscription License 89154 Security SIEMG21PRAPLSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 AlllnOne or Console I year Subscription License 89155 Security SIEMG21PRVIRSS Extreme Security IP Software 06/01/ Reputation Feed for SIEM Warranty 2020 G2 AIII-nOne or Console Virtual I year Subscription License 89156 Security SIEMG2LSADD50 Extreme SIEM G2 Log Software 06/01/ Source Increase 50 Warranty 2020 89157 Security SIEMG2LSADD500 Extreme SIEM G2 Log Software 06/01/ Source Increase 500 Warranty 2020 1 89158 Security SIEMG2LSADDIK Extreme SIEM G2 Log Software 06/01/ Source Increase 1000 Warranty 2020 89159 Security SlEMG2LSADD5K Extreme SIEM G2 Log Software 06/01/ Source Increase 5000 Warranty 2020 89160 Security SIEMG2LSADDIOK Extreme SIEM G2 Log Software 06/01/ Source Increase 10000 Warranty 2020 1 89501 Security lPSG2SPSWSTD Extreme IPS G2 Software 06/01/ SiteProtector Standard Warranty 2020 Edition Software (5 Nodes) 89502 Security IPSG2SPSWENT Extreme IPS G2 Software 06/01/ SiteProtector Enterprise Warranty 2020 Edition Software (20 Nodes) 89503 Security IPSG2SPSWENI"PLUS Extreme IPS G2 Software 06/01/ SiteProtector Enterprise Warranty 2020 Plus Edition Software (Unlimited Nodes) 89506 Security IPS(12SPUPGSE Extreme IPS G2 Software 06/01/ SiteProtector Upgrade Warranty 2020 from Standard to Enterprise Edition 89507 Security IPSG2SPUPGEEPL Extreme WS 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 540 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89511 Security IPSG2X3PRI Extreme IPS G2 X3 I Year 06/01/ Standard Appliance Warranty 2020 Primary Base 400 Mbps inspected throughput Optional ADDON performance license (Max 800 Mbps) Fixed 4x IGbE RJ45 monitoring interfaces 89512 Security lPSG2X3SEC Extreme IPS G2 X3 I Year 06/01/ Standard Appliance i an ce Warranty 2020 Secondary/Fai I over (Must have same configuration like Primary) 99513 Security lPSG2X4PRI Extreme IPS G2 X4 I Year 06/01/ Enterprise Appliance Warranty 2020 Primary Base 750 Mbps inspected throughput Optional ADDON performance license (Max 1.5 Gbps) Fixed 4x I GbE RJ45 monitoring interfaces Optional Network Interface Module 89514 Security IPSG2X4SEC Extreme IPS G2 X4 I Year 06/01/ Enterprise Appliance Warranty 2020 Secondary/Fai ]over (Must have same configuration like Primary) 89515 Security 1PSG2X5PRl Extreme IPS G2 X5 I Year 06/01/ Enterprise Plus Appliance Warranty 2020 Primary Base 2.5 Gbps inspected throughput Optional ADDON performance license (Max 7 Gbps) Fixed 4x I GbE RJ45 monitoring interfaces Optional Network Interface Modules Redundant power supply included 89516 Security 1PSG2X5SEC Extreme IPS G2 X5 I Year 06/01/ Enterprise Plus Appliance Warranty 2020 Secondary/Fai I over (Must have same configuration like Primary) Attachment D Page 193 of 471 Page 541 of 1147 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 cati on/Web Contro, I 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 Fall over 89529 Security IPSG2X4PIPRSS Extreme IPS G2 X4 Software 06/01/ Addon Subscription for IP Warranty 2020 Reputation Services Primary 89530 Security IPSG2X4SlPRSS 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 Primary 89532 Security IPSG2X5SIPRSS Extreme IPS G2 X5 Software 06/01/ Addon Subscription for IP Warranty 2020 Attachment D Page 194 of 471 Page 542 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 195 of 471 Page 543 of 1147 Reputation Services Failover 89535 Security IPSG2X3PSSLSW Extreme IPS G2 X3 Software 06/01/ Addon License for SSL Warranty 2020 Inspection Primary 89536 Security IPSG2X3SSSLSW Extreme IPS G2 X3 Software 06/01/ Addon License for SSL Warranty 2020 Inspection Failover 89537 Security IPSG2X4PSSLSW Extreme IPS G2 X4 Software 06/01/ Addon License for SSL Warranty 2020 Inspection Primary 89538 Security IPSG2X4SSSLSW Extreme IPS G2 X4 Software 06/01/ Addon License for SSL Warranty 2020 Inspection Failover 89539 Security IPSG2X5PSSLSW Extreme IPS G2 X5 Software 06/01/ Addon License for SSL Warranty 2020 Inspection Primary 89540 Security IPSG2X5SSSLSW Extreme IPS G2 X5 Software 06/01/ Addon License for SSL Warranty 2020 Ins ion Failover 89543 Security IPSG2X3PHTPSW Extreme IPS G2 X3 400 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Primary 89544 Security IPSG2X3SHTPSW Extreme IRS G2 X3 400 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Secondary 89545 Security IPSG2X4PHTPSW Extreme IPS G2 X4 750 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Primary 99546 Security IPSG2X4SHTPSW Extreme IPS G2 X4 750 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Secondary 89547 Security IPSG2X5PHT'PSW Extreme IPS G2 X5 1500 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Primary 89548 Security IPSG2X5SHTPSW Extreme IPS G2 X5 1500 Software 06/01/ Mbps Inspection Warranty 2020 Throughput Increase Secondary Attachment D Page 195 of 471 Page 543 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 89551 Security IPSG28PNMIGTX 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 1G SX Warranty 2020 Fiber with builtin bypass 89553 Security IPSG24PNMIGLX Extreme IPS G2 Network I Year 06/01/ Module 4port 1G LX Warranty 2020 Fiber with builtin bypass 89554 Security IPSG22PNMIOGSR Extreme IPS G2 Network I Year 06/01/ Module 2port 10GbE SR Warranty 2020 Fiber with builtin bypass 89555 Security IPSG22PNMIOGLR Extreme IPS G2 Network I Year 06/01/ Module 2port IOGbE LR Warranty 2020 Fiber with builtin bypass 89556 Security IPSG24PNMIGSFP Extreme IPS G2 Network I Year 06/01/ Module 4port IG SFP Warranty 2020 (requires transceivers) 89557 Security IPSG22PNM10GSFP+ Extreme IPS G2 Network I Year 06/01/ Module 2port IOG SFP+ Warranty 2020 (requires transceivers) 89558 Security IPSG2DTKIGLX Dual Transceiver Kit IG I Year 06/01/ LX Fiber Warranty 2020 89559 Security IPSG2DTi{ IGSX Dual Transceiver Kit IG I Year 06/01/ SX Fiber Warranty 2020 89560 Security IPSG2DTib IGTX Dual Transceiver Kit 1G I Year 06/01/ TX Copper Warranty 2020 89561 Security IPSG2DTK10GLR 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 IPSG2PSU Power Supply Unit 460 1 Year 06/01/ WATT Warranty 2020 338835 EAN VSP 4000 PLDS PREM VSP 4000 PLDS Software LIC W/MACSEC LICDS PRIMIER LICENSE Warranty W/MACSEC LICDS 338836 EAN VSP 4000 PLDS PREM VSP 4000 PLDS Software LICENSE LICDS PRIMIER LICENSE Warranty LICDS 380176 LAN VSP 8K PREM LICENSE VSP 8000 PLDS Software LICDS PREMIER LICENSE Warranty FOR I CHASSIS LICDS 380177 EAN VSP 8K PREM LIC VSP 8000 PLDS Software W/MACSEC LICDS PREMIER LICENSE Warranty W/MACSEC FOR I CHASSIS LICDS Attachment D Page 196 of 471 Page 544 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 380221 EAN ERS5900 ADVANCED ERS5900 ADVANCED Software PLS LICENSE LICDS FEATURE PLDS Warranty LICENSE SINGLE UNIT OR STACK LICDS 380810 EAN VSP 9000 PLDS PREM VIRTUAL SERVICES Software LICENSE LICDS PLATFORM 9000 PLDS Warranty PREM LICENSE FOR I CHASSIS. LICDS 380811 EAN VSP 9000 PLDS PREM VIRTUAL SERVICES Software LIC W/MACSEC LICDS PLATFORM 9000 PLDS Warranty PREMIER LICENSE W/MACSEC LICDS 383168 EAN ERS5900 MACSEC PLDS ERS5900 MACSEC Software LICENSE PLDS LICENSE SINGLE Warranty UNIT OR STACK LICDS 383770 EAN ERS5900 MACSEC ADV ERS5900 MACSEC Software PLDS LIC PLUS ADVANCED Warranty PLDS LIC SINGLE UNIT OR STACK LICDS 383772 FAN ERS4900 ADVANCED ERS4900 ADVANCED Software PLDS LICENSE LICDS PLDS LICENSE SINGLE Warranty UNIT OR STACK LICDS 386914 EAN VSP 7200 PORT LICENSE VSP 7200 PORT Software LICDS LICENSE FOR I Warranty SWITCH LICDS 392259 EAN VSP8600 IOC BASE VSP8600 IOC BASE Software LICDS LICDS Warranty 392670 EAN VSP8600 CHAS L3V VSP8600 CHAS L3V Software LICDS LICDS Warranty 392671 EAN VSP8600 CHAS VSP8600 CHAS Software L3V+MACSEC LICDS L3V+MACSEC LICDS Warranty 9372065 Cables/Co ASSY CBLRJ45 TO ASSY CBL,RJ-45 TO RJ- I Year nnectivity RJ45/ADAPTERSPVC. US 45/ADAPTERS,PVC. US Warranty 700511668 FAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 0.51 CABLE 0,5M Warranty 700511669 EAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 1.5M CABLE 1,5M Warranty 700511670 EAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 3,0M CABLE 3,0M Warranty 700511671 LAN ERS4900 STACKING ERS4900 STACKING I Year CABLE 5.OM CABLE 5.0M Warranty 700512239 LAN PDD POWER CORD IEC POWER I Year C13C14 3M USA DISTRIBUTION UNIT' Warranty POWER CORD IEC C Attachment D Page 197 of 471 Page 545 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 700512240 EAN PDU POWER CORD IEC POWER I Year C14CI5 3M USA DISTRIBUTION UNIT Warranty POWER CORD IEC C 700512241 EAN PDD POWER CORD IEC POWER I Year C13C14 3M INTL DISTRIBUTION UNIT Warranty POWER CORD IEC C 700512242 EAN PDU POWER CORD IEC POWER I Year C14CI5 3M INTL DISTRIBUT10N UNIT Warranty POWER CORD IEC C 700512588 EAN ERS3600 STACKING ERS3600 STACKING I Year CABLE 0.5M CABLE 0.5M Warranty 700512589 EAN ERS3600 STACKING ERS3600 STACKING I Year CABLE LOM CABLE I OM Warranty 700512595 EAN RACK MOUNT ERS3600 RACK MOUNT KIT I Year ERS4900 ERS5900 TWO POST SUPPORTS Warranty ERS3600 ERS4900 ERS5900 08A -CON- Fixed L2 800 SERIES CONSOLE No 12/31/ CBL CABLE KIT Warranty 2022 08A -RPS- Fixed L2 130W POE RPS FOR THE Limited 12/31/ 130P 08G20G208P SWITCH Lifetime 2022 Warranty with express Advanced I lardware Replacem ent-2 08A -RPS- Fixed L2 150W RPS FOR 24/48 Limited 12/31/ 150 PORT 800 SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 0SA-RPS-24 Fixed L2 RPS FOR 08G20G208 No 12/31/ SWITCH Warranty 2022 08A -RPS- Fixed L2 50OW POE RPS FOR 50OW 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 546 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 199 of 471 Page 547 of 1147 Replace ent-2 08G20G2-08 Fixed L2 8 PORT 10/100/1000 8 PORT 10/100/1000 Limited 12/31/ 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced I lardware Replacem ent-2 08G20G2- Fixed L2 8 PORT 10/100/1000 POE 8 PORT 10/100/1000 Limited 12/31/ 08P 800SERIES SWITCH POE 800SERIES Lifetime 2022 SWITCH Warranty with express Advanced Hardware Replacern ent-2 08G20G4-24 Fixed L2 24 PORT 10/100/1000 24 PORT 10/100/1000 Limited 12/31/ 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty Frith express Advanced Hardware Replacern ent-2 08G20G4- Fixed L2 24 PORT 10/100/1000 POE 24 PORT 10/100/1000 Limited 12/31/ 24P 800SERIES POE 800SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08G20G4-48 Fixed L2 48 PORT 10/100/1000 48 PORT 10/100/1000 Limited 12/31/ 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 199 of 471 Page 547 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 200 of 471 Page 548 of 1147 Replacem ent-2 08G20G4- Fixed L2 48 PORT 10/100/1000 POE 48 PORT 10/100/1000 Limited 12/31/ 49P 800SERIES POE 800SERIES Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08H20G4-24 Fixed L2 24 PORT 10/100 24 PORT 10/100 Limited 12/31/ 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 08112064- Fixed L2 24 PORT 10/100 POE 24 PORT 10/100 POE Limited 12/31/ 24P 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08H20G4-48 Fixed L2 48 PORT 10/100 48 PORT 10/100 Limited 12/31/ 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 08H20G4- Fixed L2 48 PORT 10/100 POR 48 PORT 10/100 POR Limited 12/31/ 48P 800SERIES SWITCH 800SERIES SWITCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 200 of 471 Page 548 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 201 of 471 Page 549 of 1147 Replacem ent-2 1005111 Optics 1000BASESX SFP lli IOOOBASESX SFP MMF I Year 220 550 meters LC Warranty connector Industrial Temp 10052H Optics I OOOBASELX SFP Hi I OOOBASELX SFP MMF I Year 220 550 meters SMF Warranty I Okm LC connector Industrial Temp 10053H Optics 1000BASEZX SFP Hi IOOOBASEZX SFP SRIF I Year 70km LC connector Warranty Industrial Temp 10056H Optics IOOOBASEBXD BiDi SFP I OOOBASEBXD SFP I Year Hi 1490nm TX/I 31 Onm RX Warranty wavelength Industrial Temp 10057H Optics 1000BASEBXU BiDi SFP IOOOBASEBXU SFP I Year Hi 13I0nmTX/l490nmRX Warranty wavelength Industrial Temp 10060H Optics IOOLX/IOOOLX SFP Hi Dualspeed 100 LX / 1000 1 Year LX SFP LC connector Warranty Industrial Temp 1007011 Optics 10/100/1000BASETSFP 10/100/1000BASET SFP I Year Hi module CATS cable 100m Warranty link RJ45connector for Giga Bit Ethernet SEP Port Industrial Temp 10071H Optics 1000BASESX SFP 10 Pack IOOOBASESX SFP 10 1 Year III Pack Industrial Temp Warranty 10072H Optics I OOOBASELX SFP 10 Pack 100013ASELX SFP 10 1 Year III Pack Industrial Temp Warranty IOOFX-SFP- SI A I 0013ASEFX IR SFP I OOBASEFX IR SEP I Year 10/31/ IR -OM OPTIC FOR SMF W/ LC C OPTIC FOR SMF W/ LC Warranty 2024 C IOOFX-SFP- SRA I 0013ASEFX LR SFP I OOBASEFX LR SEP I Year 10/31/ LR -OM OPTIC FOR SMF W/ LC OPTIC FOR SMF W/ LC Warranty 2024 Co CO IOOFX-SFP- SRA 10013ASEFX SFP OPTIC IOOBASEFX SFP OPTIC I Year 10/31/ OM MMF LC CONN OPTI MMF LC CONN OPTf Warranty 2024 100FX-SFP- SRA 10013ASEFX SFP MMF I00BASFFX SFP MMF I Year 10/31/ OM -8 LC CONN 8 PK LC CONN 8 PK Warranty 2024 1000-CFP2- SRA I OOGBE CFP2 100 GbE CFP2 optic (LC} I Year 10/31/ ER4-40KM (LC)ER440KM OVER ER4 for distances up to 40 Warranty 2024 SMF km over SRIF Attachment D Page 201 of 471 Page 549 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 1000-CFP2- SRA 100GE CFP2 LR41OKM 100 GbE CFP2 optic (LC) I Year 10/31/ LR4-IOKM OPTICS I PACK LR4 for distances up to 10 Warranty 2024 krn over SMF 1000-CFP2- SPA I OOGE CFP2 SR OPTICS 1 100 GbE CFP2 optic I Year 10/31/ SR10 PACK SR10 for distances up to Warranty 2024 100 over MMF I pack I OOG- SRA I OOGBASE CWDM4 100 GbE QSFP28 optic I Year 10/31/ QSFP28- QSFP TRANS LC 2K (LC) CWDM4 for Warranty 2024 CWDM4- OVER SM distances up to 2 kni over 2KM SMF I OOG- SRA 100GBE QSFP28 100 GbE QSFP28 optic I Year 10/31/ QSFP28- (LC)LR4LITE2 KM OVER (LC) LR4Lite for Warranty 2024 LR4L-2KM SM distances up to 2 kin over SMF 100G- SRA 100E QSFP28 LR4 100 GbE QSFP28 optic I Year 10/31/ QSFP28- LOWPOWER I OKM (LC) LR4 low power for Warranty 2024 LR4-LP- OVER SMF' distances up to 10 kni 10KM over SMF 1000- SPA 100GBE QSFP28 (MTP 100 GbE QSFP28 optic I Year 10/31/ QSFP28-SR4 IX12)SR4100M MMF (MTP 1x12) SR4 for Warranty 2024 distances up to 100 rn over MMF IOOG-QSFP- SPA I OOGB QSFP TO 4 SFP28 I OOGE Direct Attached I Year 10/31/ 4SFP-P-0101 PASSIVE DACIM QSFP28 to 4 SFP28 Warranty 2024 Passive Copper cable Im 1pack 100E-QSFP- SRA I OOGB QSFP TO 4 SFP28 I OOGE Direct Attached I Year 10/31/ 4SFII-P-0301 PASSIVE DAC3M QSFP28 to 4 SFP28 Warranty 2024 Passive Copper cable 3m I pack IOOG-QSFP- SRA 100GBASESR4 100GBASEESR4 QSFP+ I Year 10/31/ ESR4 QSFP+(MODULE) 300M optic (MTP I x8 or 1x12) Warranty 2024 300m over MMF 1pack IOOG-QSFP- SRA 100GE QSFP DIRECT 100GE Direct Attached I Year 10/31/ QSFP-AOC- ATTACH AOC I OM QSFP+ to QSFP+ Active Warranty 2024 1001 Optical Cable 10rn 1pack IOOG-QSFP- SRA 100G QSFP PASSIVE 100GE Passive Direct I Year 10/31/ QSFP-P- DIRECT ATTACH Attached QSFP28 to Warranty 2024 0101 CABLEI QSFP28 Active Copper cable lin 1pack I OOG-QSFP- SRA 100GB QSFP PASSIVE 100GE Passive Direct I Year 10/31/ QSFP-P- DIRECT ATTACH Attached QSFP28 to Warranty 2024 0301 CABLE3 QSFP28 Active Copper cable 3m I pack Attachment D Page 202 of 471 Page 550 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 1000-QSFP- SRA IOOGB QSFP PASSIVE 1000E Direct Attached I Year 10/31/ QSFP-P- DIF -ECT ATTACH QSFP28 to QSFP28 Warranty 2024 0501 CABLES Passive Copper cable 5m 1pack 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 300W AC Power Supply Limited module for Summit X460 Lifetime E4G400 Series Switches Warranty Extended Temparture with Range from 10 to +50 express degrees Celsius Advanced Hardware Replacem ent IOGB-4- Modular 4X I OGB SFP+ TO QSFP 4XIOGB SFP+ TO QSFP I Year CO3-QSFP Interfaces CU CABLE 3M CU CABLE 3M Warranty I0GB-4-F20- Modular 4X I OGB SFP+ TO QSFP I Year 12/31/ QSFP Interfaces FIBER CABLE 20M Warranty 2019 1 OGBASE- Modular 10 GBE EXTENDED I Year 03/31/ ER-XFP Interfaces REACH XFP Warranty 2020 1 OGBASE- Modular 10 GBE LONG REACH I Year 03/31/ LR-XFP Interfaces XFP Warranty 2020 1 OGBASE- Modular 10 GBE SHORT REACH I Year 03/31/ SR-XFP Interfaces XFP Warranty 2020 1 OGBASE- Modular I OGBASE ZR XFP 80KM I Year 06/12/ ZR-XFP Interfaces OPTIC Warranty 2020 1 OGB-BX 10- Modular 10 GB SINGLE FIBER SM 10 GB, SINGLE FIBER I Year D Interfaces D IO KIWI SM, -D 10 KM Warranty I OGB-BX 10- Modular 10 GB SINGLE FIBER SM 10 GB, SINGLE FIBER I Year U Interfaces U 10 KM SM, -U 10 KM Warranty I OGB-BX40- Modular 10 GB SINGLE FIBER SM 10 GB, SINGLE FIBER I Year D Interfaces D 40 KM SM, -D 40 KM Warranty I OGB-BX40- Modular 10 GB SINGLE FIBER SM 10 GB, SINGLE FIBER I Year U Interfaces U40KM SM, -U 40 KM Warranty 10GB-00I- Modular SFP+ PLUGGABLE SFP+ PLUGGABLE I Year SFPP Interfaces COPPER CABLE IM COPPER CABLE IM Warranty IOGB-CO3- Modular SFP+ PLUGGABLE SFP+ PLUGGABLE I Year SFPP Interfaces COPPER CABLE 3M COPPER CABLE 3M Warranty IOGB-CIO- Modular SFP+ PLUGGABLE Sl�P+ PLUGGABLE I Year SFPP Interfaces COPPER CABLE 10M COPPER CABLE IOM Warranty IOGB-ER21- Modular IOGB SFPP DWDM I Year 05/30/ SFPP Interfaces CHANNEL 21 40 KM Warranty 2024 Attachment D Page 203 of 471 Page 551 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOGB-ER23- Modular IOGBER DWDM 01123 I Year 05/30/ SFPP Interfaces SFP+ Warranty 2024 1 OGB-ER24- Modular IOGB SFPP DWDM I Year 05/30/ SFPP Interfaces CHANNEL 24 40 KM Warranty 2024 1 OGB-ER29- Modular IOGBER DWDM C1129 I Year 05/30/ SFPP Interfaces SFP+ Warranty 2024 1 OGB-ER3 I - Modular IOGB SFPP DWDM IOGB SFPP, DWDM, I Year SFPP Interfaces CHANNEL 3140 KM CHANNEL 31,40 KM Warranty IOGB-ER33- Modular IOGB SFPP DWDM I Year 05/30/ SFPP Interfaces CHANNEL 33 40 KM Warranty 2024 IOGB- Modular 10 GB I GB DUAL RATE 10 GB I GB DUAL RATE I Year EREX-SFPP Interfaces EREXSMF' EREXSMF Warranty IOGB-ER- Modular I OGBASE ER SFP+ (40K) I OGBASE ER SFP+ I Year SFPP Interfaces (40K) Warranty IOGB-F10- Modular 10 GB ACTIVE OPTICAL 10 GB, ACTIVE I Year SFPP Interfaces DAC 10M OPTICAL DAC, 10 M Warranty IOGB-F20- Modular 10 GB ACTIVE OPTICAL 10 GB, ACTIVE I Year SFPP Interfaces DAC 20 M OPTICAL DAC, 20 M Warranty IOGB- Modular IOGB CWDM LR SFP+ I Year 05/30/ LR271 -SFPP Interfaces 1271NM Warranty 2024 IOGB- Modular IOGB CWDM LR SFP+ I Year 05/30/ LR291-SFPP Interfaces 1291NM Warranty 2024 1 OGB- Modular IOGB CWDM LR SFP+ I Year 05/30/ LR31 I-SFPP Interfaces 131 INM Warranty 2024 LOGE- Modular IOGB CWDM LR SFP+ I Year 05/30/ LR331-SFPP Interfaces 1331NM Warranty 2024 LOGE- Modular IOGB I GB DUAL RATE IOGB, I GB DUAL RATE I Year LRLX-SFPP Interfaces LRLXSMF' LRLXSMF Warranty I OGB-LRM- Modular I OGBASELRM SFP+ I OGBASE-LRM SFP+ I Year SFPP Interfaces 220M MM OPTIC 220M MM OPTIC Warranty I OGB-LRM- Modular I OGB LRM MM SFP+ IOGB, LRM, MM, SFP+, I Year SFPP-G Interfaces TAA TAA Warranty IOGB-LR- Modular 10 GBASELP, SFP+ I OK 10 GBASE-LR SFP+ I OK I Year SFPP Interfaces SM OPTIC SM OPTIC Warranty I OG -LR- Modular 10G13 LR SM SFP+ TAA I 0GB, LR, SM, SFP+, I Year SFPP-G Interfaces TAA Warranty 10GB-SR- Modular GBASESR SFP+ 33/82M GBASE-SR SFP+ I Year SFPP Interfaces MM OPTIC 33/82M MM OPTIC Warranty IOGB-SR- Modular IOGB SR MM SFP+ TAA IOGB, SR, MM, SFP+, I Year SFPP-G Interfaces TAA Warranty IOGB- Modular IOGB IGB DUAL RATE IOGB, I GB DUAL RATE I Year SRSX-SFPP Interfaces SR SX MMF SR SX MMF Warranty IOGB-USR- Modular BUNDLE OF 48 1 Year 04/03/ 48PK Interfaces IOGBUSRSFPP Warranty 2023 IOGB-USR- Modular IOGBIOGBASEUSR I Year 12/31/ SFPP Interfaces MMF SFP+ Warranty 2022 Attachment D Page 204 of 471 Page 552 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOGB-ZR- Modular IOGB 8OKM SFP+ IOGB 8OKM SFP+ I Year SFPP Interfaces Warranty I OG-SFP- SRA CBLOPTICAL7MSFP+DI CBLOPTICAL7MSFP+D I Year 10/31/ AOC -0701 RECTIOGACTIVEI P IRECTIOGACTIVEI P Warranty 2024 1 OG-SFP- SRA CBLOPTICALIOMSFP+D CBLOPTICALIOMSFP+ I Year 10/31/ AOC -1001 IRECTIOGACTIVE1 DIRECT I OGACTIVE I Warranty 2024 IOG-SFP- SRA I OGE LR SFP+ OPTIC I OGE LR SFP+ OPTIC I Year 10/31/ BXD-S (LC) BIDIRECTIONAL (LC) BIDIRECTIONAL Warranty 2024 DO DO I OG-SFP- SPA IOGE LR SFP+ OPTIC I OGE LR SFP+ OPTIC I Year 10/31/ BXU-S (LC) BIDIRECTIONAL (LC) BIDIRECTIONAL Warranty 2024 UP UP IOG-SFP-ER SRA I OGBASEER SFP+ OPTIC I OGBASEER SFP+ I Year 10/31/ (LC)UP TO 40KM OPTIC (LC)UP TO Warranty 2024 40KM 10G-SFP- SRA I OGBASEER SFP+ OPTIC I OGBASEER SFP+ I Year 10/31/ ER -2 (LC)40 KM 2PACK OPTIC (LC)40KM Warranty 2024 2PACK IOG-SFP-LR SRA I OGBASELRSFP+ OPTIC IOGBASELRSFP+ I Year 10/31/ (LC) I OKM SNIP OPTIC (LC)10KM SMF Warranty 2024 IOG-SFP- SRA I OGBASELRSFPP SMF I OGBASELRSFPP SMF I Year 10/31/ LR -8 LC CONNECTOR 8PACK LC CONNECTOR Warranty 2024 8PACK I OG-SFP- SRA I OGBASELRM 131 ONM 10GBASELRM 1310NM I Year 10/31/ LRM SFP+ OPTIC (LC) TAR SFP+ OPTIC (LC) TAR Warranty 2024 l0G-SFP- SRA I OGBASELRM SFP+ I OGBASELRM SFP+ I Year 10/31/ LRM -8 OPTIC (LC)220M 8PACK OPTIC (LC)220M Warranty 2024 8PACK I OG-SFP- SRA IOGBASELR SFP+ OPTIC IOGBASELR SFP+ I Year 10/31/ LR -S (LC) I OKM OVERSMF OPTIC (LC) I OKM Warranty 2024 OVERSMF IOG-SFP- SPA IOGBASELR SFP+ OPTIC IOGBASELR SFP+ I Year 10/31/ LR -S8 (LC) I OKM OVERSMF OPTIC (LC) I OKM Warranty 2024 OVERSMF IOG-SFP- SRA IOGBASELR SFP+ OPTIC IOGBASELR SFP+ I Year 10/31/ LR -SA (LC) I OKM OVERSMF OPTIC (LC) I OKM Warranty 2024 OVERSMF IOG-SFP- SRA I OGBASELR SFP+ OPTIC IOGBASELR SFP+ I Year 10/31/ LR -SAB (LC) I OKM OVERSMF OPTIC (LC)10KM Warranty 2024 OVERSMF I OG-SFPP- SRA IOGE USR SFP+ HIGH 10GE USR SFP+ optic I Year 10/31/ USR-8-E RX SENSITIVITY8PAC (LC) w/ 13 dBm Rx Warranty 2024 sensitivity 100 _ over MMF 8pack I OG-SFPP- SRA I OG E USR SFP+I IIGT I RX IOGE USR SFP+ optic I Year 10/31/ USR-E SENSITIVITY 1 PACK (LC) w/ 134Bm Rx Warranty 2024 Attachment D Page 205 of 471 Page 553 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 206 of 471 Page 554 of 1147 sensitivity 100 over MMF 1pack IOG-SFP-SR SRA IOGBASESRSFP+ OPTIC IOGBASESRSFP+ I Year 10/31/ (LC)300M MMF OPTIC (LC)300M MMF Warranty 2024 1 OG-SFP- SRA IOGBASESRSFPP MMF IOGBASESRSFPP MMF I Year 10/31/ SR -8 LC CONNECTOR 8PACK LC CONNECTOR Warranty 2024 8PACK I OG-SFP- SRA IOGBASESR IOGBASESR I Year 10/31/ SR -S SFP+OPTIC(LC) 300M SFP+OPTIC(LC) 300M Warranty 2024 MMFSTD MMFSTD I OG-SFP- SRA IOGBASESR IOGBASESR I Year 10/31/ SR -S8 SFP+OPTIC(LC) 300M SFP+OPTIC(LC) 300M Warranty 2024 MMFSTD MMFSTD I OG-SFP- SRA IOGBASESR IOGBASESR I Year 10/31/ SR -SA SFP+OPTIC(LC) 300M SFP+OPTIC(LC) 300M Warranty 2024 MMFSTD MMFSTD IOG-SFP- SRA IOGBASESR IOGBASESR I Year 10/31/ SR-SA8 SFP+OPTIC(LC) 300M SFP+OPTIC(LC) 300M Warranty 2024 MMFSTD MMFSTD I OG-SFP- SRA DIRECT ATTACHED DIRECT ATTACHED I Year 10/31/ TWX -0101 SFPP COPPERIMIPACK SFPP Warranty 2024 COPPERMIPACK IOG-SFP- SRA DIRECT ATTACHED DIRECT ATTACHED I Year 10/31/ TWX -0108 SFPP COPPERMPACK SFPP Warranty 2024 COPPERIM8PACK I OG-SFP- SPA DIRECT ATTACHED DIRECT ATTACHED I Year 10/31/ TWX -0301 SFPP COPPER3MIPACK SFPP Warranty 2024 COPPER3M]PACK 10G-SFP- SRA DIRECT ATTACHED DIRECT ATTACHED I Year 10/31/ TWX -0308 SFPP COPPER3M8PACK SFPP Warranty 2024 COPPER3M8PACK I OG-SFP- SRA DIREC'I" ATTACHED DIRECT ATTACHED I Year 10/31/ TWX -0501 SFPP COPPER5M I PACK SFPP Warranty 2024 COPPER5M I PACK IOG-SFP- SRA DIRECTATTACHED DIRECT ATTACHED I Year 10/31/ TWX -0508 SFPP COPPER5M8PACK SFPP Warranty 2024 COPPER5M8PACK I OG-SFP- SRA I OGE SFP+DAC I OGF SFP+DAC I Year 10/31/ TWX -P- CABLE IM IPACK CABLEIMIPACK Warranty 2024 0101 PASSIVE PASSIVE I OG-SFP- SRA IOGE SFP+ DAC CABLE 1 OGE SFP+ DAC I Year 10/31/ TWX -P- IM 8PACK PASSIVE CABLE IM 8PACK Warranty 2024 0108 PASSIVE IOG-SFP- SRA IOGE SFP+ DAC CABLE I OGE SFP+ DAC I Year 10/31/ TWX -P- 3M [PACK PASSIVE CABLE 3M 1PACK Warranty 2024 0301 PASSIVE Attachment D Page 206 of 471 Page 554 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOG-SFP- SRA 100E SFP+ DAC CABLE IOGE SFP+ DAC I Year 10/31/ TWX -P- 3M 8PACK PASSIVE CABLE 3M 8PACK Warranty 2024 0308 PASSIVE IOG-SFP- SRA 100E SFP+ DAC CABLE I OGE SFP+ DAC I Year 10/31/ TWX -P- 5M IPACK PASSIVE CABLE 5MlPACK Warranty 2024 0501 PASSIVE I OG-SFP- SRA IOGE SFP+ DAC CABLE 1003E SFP+ DAC I Year 10/31/ TWX -P- 5M 8PACK PASSIVE CABLE 5M 8PACK Warranty 2024 0508 PASSIVE IOG-SFP- SRA SFP+ IOG USR OPTIC I SFP+ IOG USR OPTIC I I Year 10/31/ USR PK BR PK BR Warranty 2024 1 OG-SFP- SRA SFP+ LOCI USR OPTIC 8 SFP+ IOG USR OPTIC 8 1 Year 10/31/ USR-8 PIS BR PK BR Warranty 2024 1 OG-SFP- SRA I OGE USR SFP+ OPTIC IOGE USR SFP+ OPTIC I Year 10/31/ USR-SA (LQRA-NGE I OOM MMF (LC)RANGE I OOM MMF Warranty 2024 10G-SFP- SRA I OGE USR SFP+ OPTIC I OGE USR SFP+ OPTIC I Year 10/31/ USR-SA8 (LC)RANGE I OOM MMF (LC)RANGE I OOM MMF Warranty 2024 IOG-SFP-ZR SRA I OGBASEZRSFP+ OPTIC IOGBASEZRSFP+ I Year 10/31/ (LQUP TO 80KM OPTIC (LQUP TO Warranty 2024 8OKM IOG-SFP- SRA I OGBASEZR SFP+ OPTIC I OGBASEZR SFP+ I Year 10/31/ ZR -2 (LC)80KM 2PACK OPTIC (LC)80KM Warranty 2024 2PACK I OG-SFP- SRA IOGBASEZRD TUNABLE 10GBASEZRD I Year 10/31/ ZRD-T DWDM 80 KM SFP+ TUNABLE DWDM 80 Warranty 2024 KM SFP+ IOG-XFP- SRA I OGBE XFP Pluggable I OGbE XFP I Year 10/31/ 1310 -LRM TRANSCEIVER UP TO transceiver (LC) 1310 nm Warranty 2024 220 MM FIBER serial for use on multimode fiber (FDD [grade) up to 220 meters MM fiber compatible with I OGBASELRM optics IOG-XFP- SRA OPTIC IOGBE ER XFP 1550nm serial pluggable I Year 10/31/ ER SMF LC CONNECTOR XFP optic (LC) for up to Warranty 2024 40kin over SMT IOG-XFP- SRA OPTIC I OGBE LR XFP 13 1 Onm serial pluggable I Year 10/31/ LR SMF LC CONNECTOR XFP optic (LC) for LIP to Warranty 2024 I Min over SMF IOG-XFP- SRA OPTIC I OGBE LR XFP 1310nm serial pluggable I Year 10/31/ LR -4 SMF LC CONN 4PK XFP optic (LC) for up to Warranty 2024 10krn over SMF 4 Pack 10G-XFP-SR SRA OPTIC I OGBE SR XFP 850nm serial pluggable I Year 10/31/ MMF LC CONNECTOR XFP optic (LC) target Warranty 2024 range 300m over MMF Attachment D Page 207 of 471 Page 555 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IOC-XFP- SRA OPTIC I OGB E SR XFP 850nm serial pluggable I Year 10/31/ SR -4 MIFF LC CONN 4PK XFP optic (LC) 4 Pack Warranty 2024 target range 300m over MMF I OG-XFP- SRA OPTIC I OGBE ZR XFP 1550nm serial pluggable I Year 10/31/ ZR SMF LC CONNECTOR XFP optic (LC) for up to Warranty 2024 80km over SMF 16172T Summit X450G224tGE4FBTAA 24 10/ 100/1 OOOBASET 4 Limited 1000BASFX unpopulated Lifetime S1`P two 21Gb stacking Warranty ports (QSFP) I Fixed AC with PSU I RPS port fan express module FronttoBack Advanced ExtremeXOS Edge Hardware license w Policy Replacem ent-2 16173T Summit X450G224pGE4FB715TA 24 10/100/100013ASET Limited A POE+ 4 1000BASEX Lifetime unpopulated SFP two Warranty 21 G stacking ports with (QSFP) 2 power supply express slots populated with Advanced 715W PS fan module I lardware FronttoBack ExtremeXOS Replacem Edge license w Policy ent-2 16177T Summit X450G224p I OGE4FB715T 24 10/100/1000BASET Limited AA POE+ 4 1 OGBASEX Lifetime unpopulated SFP+ two Warranty 21 G stacking ports with (QSFP) 2 power supply express slots populated with Advanced 715W PS fan module Hardware FronttoBack ExtremeXOS Replacem Edge license w Policy ent-2 16179T Summit X450G248p1OGE4FBI 100 48 10/100/1000BASET Limited TAA PC E+ 4 1 OGBASEX Lifetime unpopulated SFP+ two Warranty 2 1 Gb stacking ports with (QSFP) 2 power supply express Slots Populated with Advanced I I OOW PS fan module Hardware FronttoBack ExtremeXOS Replacem Edge license w Policy ent-2 Attachment D Page 208 of 471 Page 556 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16301T Summit Summit X48048tTAA 48 10/100/1000BASET 4 1 Year 12/31/ 100/1000BASEX Warranty 2023 unpopulated SFT (shared) No PSU with two unpopulated PSU slots one VIM2 slot ExtrerneXOS Advanced Edge license Trade Agreement Act compliant model. 16303T Summit Summit X48024xTAA 24 100/1000BASEX I Year 12/31/ unpopulated SFP 12 Warranty 2023 10/100/1000BASET (shared) 2 unpopulated XFP ports No PSU with two unpopulated PSU slots one VIM2 slot ExtrerneXOS Advanced Edge license Trade Agreement Act compliant model. 16304T Summit Summit X48048xTAA 48 100/1000BASEX I Year 12/31/ unpopulated SPP No PSU Warranty 2023 with two unpopulated PSU slots one VIM2 slot ExtrerneXOS Advanced Edge license Trade Agreement Act compliant model. 16401T Summit Summit X46024tTAA 24 10/100/1000BASET 8 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP (4 24 Warranty 10/100/1000BASET 8 with 100/1000BASEX express unpopulated SEP (4 SFP Advanced ports shared with Hardware 10/100/1000BASET Replacern ports) XGM3 slot ent Stacking module slot 30OW AC PSU with one unpopulated PSU slot Fan Module ExtrerneXOS Edge License Trade Agreement Act compliant model. Attachment D Page 209 of 471 Page 557 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16402T Summit Summit X46048tTAA 48 10/100/1000BASET 4 Limited 06/30/ 100/1000BASEX Lifetime 2022 unpopulated SFP XGM3 Warranty slot Stacking module slot with 30OW AC PSU with one express unpopulated PSU slot Fan Advanced Module ExtremeXOS Hardware Edge License Trade Replacem Agreement Act compliant ent model. 16403T Summit Summit X46024pTAA 24 10/100/100013ASET Limited 06/30/ PoEplus 8 Lifetime 2022 100/1000BASEX Warranty unpopulated SFP (4 SFP with ports shared with express 10/100/1000BASET Advanced ports) XGM3 slot Ilardware Stacking module slot Replacem 750W AC PoE PSU with ent one unpopulated PSU slot Fan Module ExtremeXOS Edge License Trade Agreement Act compliant model. 16405T Summit Summit X46024xTAA 24 100/1000BASEX Limited 06/30/ unpopulated SFP 8 Lifetime 2022 10/100/1000BASET (4 Warranty 10/100/1000BASET ports with shared with ST` ports) express XGM3 slot Stacking Advanced module slot 30OW AC Hardware PSU with one Replacem unpopulated PSU slot Fan ent Module ExtrerneXOS Edge License Trade Agreement Act compliant model. 16406T Summit Summit X46048xTAA 48 100/1000BASEX Limited 06/30/ unpopulated SFP XGM3 Lifetime 2022 slot Stacking module slot Warranty 30OW AC PSU with one with unpopulated PSU slot Fan express Module ExtremeXOS Advanced Edge License Trade Hardware Agreement Act compliant Replacem model. ent Attachment D Page 210 of 471 Page 558 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 16501T Summit Summit X4408tTAA 8 10/100/1 OOOBAS ET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP SumrmtStack Warranty Stacking ports I AC PSU with ExtremeXOS Edge express license TAA model Advanced I hardware Replacern ent 16502T Summit Summit X4408pTAA 8 10/100/1000BASET Limited 03/31/ PoEp I us 4 1000BASEX Lifetime 2022 unpopulated SFP Warranty SummitStack Stacking with ports I AC PSU express ExtremeXOS Edge Advanced license TAA model Hardware Replacem ent 16503T Summit Summit X44024tTAA 24 10/100/1000BASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) Summit Stack express Stacking ports I AC PSU Advanced ExtremeXOS Edge hardware license connector for Replacern external power supply ent TAA model 16504T Summit Summit X44024pTAA 24 10/100/1000BASET Limited 03/31/ PoEplus 4 1000BASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) Summit Stack Advanced Stacking ports I AC PSU hardware ExtremeXOS Edge Replacem license connector for ent external power supply TAA model 16505T Summit Summit X44048tTAA 48 10/100/1 OOOBASET 4 Limited 03/31/ 1000BASFX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) SurnmitStack express Stacking ports I AC PSU Advanced ExtremeXOS Edge Hardware Attachment D Page 211 of 471 Page 559 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 212 of 471 Page 560 of 1147 license connector for Replacem external power supply ent TAA model 16506T Summit Summit X44048p'I'AA 48 10/100/1000BASET Limited 03/31/ Po Eptus 4 1 OOOBASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) SummitStack Advanced Stacking ports I AC PSU Hardware ExtremcXOS Edge Replacem license connector for ent external power supply TAA model 165071' Summit Summit X44024tIOGTAA 24 10/100/1 OOOBASET 4 Limited 03/31/ 1000BASEX unpopulated Lifetime 2022 SFP (4 SFP ports shared Warranty with 10/100/1000BASET with ports) 2 IOGBASEX express SFP+ I AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent TAA model 16508T Summit Summit X44024p1OGTAA 24 10/100/1000BASET Limited 03/31/ PoEp his 4 1 OOOBASEX Lifetime 2022 unpopulated SFP (4 SFP Warranty ports shared with with 10/100/1000BASET express ports) 2 1 OGBASEX Advanced SFP+ I AC PSU Hardware ExtremeXOS Edge Replacem license connector for ent external power supply TAA model 16509T Summit Summit X44048tIOGTAA 48 10/100/1 OOOBASET 2 Limited 03/31/ IOOOBASFX unpopulated Lifetime 2022 SFP (2 SFP ports shared Warranty with 10/100/1000BASET with ports) 2 1 OGBASEX express SFP+ I AC PSU Advanced ExtremeXOS Edge Hardware license connector for Replacem external power supply ent TAA model Attachment D Page 212 of 471 Page 560 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 165 1 OT Summit Summit X44048plOGTAA 48 10/100/1000BASET Limited 03/31/ PoEplus 2 1000BASEX Lifetime 2022 unpopulated SFP (2 SFP Warranty ports shared with with 10/100/1000BASET express ports) 2 1 OGBASEX Advanced SFP+ I AC PSU I lardware ExtremeXOS Edge Replacem license connector for ent external power supply TAA model 16531T Summit X440G212pI0GE4TAA X44013212 Limited 10/100/1000BASET Lifetime POE+ 4 1 GbE Warranty unpopulated SFP with upgradable to 10GbE express SFP+ I Fixed AC PSU I Advanced RPS port ExtremeXOS Hardware Edge license TAA model Replacem ent-2 16532T Summit X440G224t] OGE4TAA X440G2 24 Limited 10/100/1000BASET 4 Lifetime SFP combo 4 IGbE Warranty unpopulated SFP with upgradable to 10GbE express SFP+ I Fixed AC PSU 1 Advanced RPS port ExtremeXOS Hardware Edge license TAA model Replacem ent-2 16533T Summit X440G224pI0GE4TAA X440132 24 Limited 10/100/1000BASET Lifetime POE+ 4 SFP combo 4 Warranty IGbE unpopulated SFP with upgradable to 10GbE express SFP+ I Fixed AC PSU I Advanced RPS port ExtremeXOS Hardware Edge license TAA model Replacem ent-2 16535T Summit X440G248p I OGE4TAA X440G2 48 Limited 10/100/1000BASET Lifetime POE+ 4 SFP combo 4 Warranty IGbE unpopulated SFP with upgradable to 10GbE express SFP+ (2 combo/2 Advanced noncombo) 2 1 GbE Hardware copper combo upgradable Attachment D Page 213 of 471 Page 561 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 214 of 471 Page 562 of 1147 to lOGbE I Fixed AC Replacem PSU I RPS port ent-2 ExtremeXOS TAA model 1653ST Summit X440G224xlOGE47'AA X440G2 24 unpopulated Limited I OOOBASEX SFP (4 Lifetime combo) 4 10/100/1000 Warranty combo 4 1 GbE with unpopulated express S F P upgradab I e to I OGbE Advanced SFP+ I Fixed AC PSU I Hardware RPS port ExtremeXOS Replacem Edge license TAA model ent-2 167037 Summit X460G224p] OGE4FB715'F 24 10/100/1 OOOBASET Limited AA POE+ 4 1OGBASEX Lifetime unpopulated SFP+ Rear Warranty VIM Slot (unpop,d) Rear with Timing Slot (unpop,d) 2 express power supply slots Advanced populated with 715W PS I lardware fan module FronttoBack Replacem ExtremcXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16704T Summit X460G248p I OGE4FB I 100 48 10/100/1000BASET Limited TAA POE+ 4 1 OGBASEX Lifetime unpopulated SFP+ Rear Warranty VIM Slot (unpopd) Rear with Timing Slot (unpop,d) 2 express power supply slots Advanced populated with 11 OOW PS Hardware fan module FronttoBack Replacem ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16705T Summit X460G224x1OGE4FBACT 24 SFP 4 1 OGBASEX Limited AA unpopulated SFP+ Rear Lifetime VIM Slot (unpop,d) Rear Warranty Timing Slot (unpopd) 2 with power supply slots express populated with 30OW PS Advanced fan module FronttoBack Hardware ExtremeXOS Advanced Replacem Edge license with Policy em -2 Attachment D Page 214 of 471 Page 562 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 215 of 471 Page 563 of 1147 with EXOS Release 22.1 or greater 16706T Summit X460G248xI0GE4FBACT 48 SFP 4 10GBASEX Limited AA unpopulated SFP+ Rear Lifetime VIM Slot (unpopd) Rear Warranty Timing Slot (unpopd) 2 with power supply slots express populated with 30OW PS Advanced fan module FronttoBack Hardware ExtremeXOS Advanced Replacem Edge license with Policy ent-2 with EROS Release 22.1 or greater 167107' Summit Summit X460G2 TAAcompfiant Optional Limited VIM2qTAA Virtual Interface Module Lifetime for the rear of the X460G2 Warranty providing 2 40GBASEX with ports unpopulated QSFP+ express Advanced Hardware Replacem ent-2 16711T Summit Summit X460012 TAAcompliant Optional Limited VlM2xTAA Virtual Interface Module Lifetime for the rear of the X460G2 Warranty providing 2 1 OGBASEX with ports unpopulated SFP+ express Advanced Hardware Replacem ent-2 16712T Summit Summit X46002 TAAcompliant Optional Limited VIM2tTAA Virtual Interface Module Lifetime for the rear of the X460G2 Warranty providing 2 IOGBASET with ports express Advanced I hardware Replacem ent-2 16713T Summit Summit X460G2 TAAcompliant Optional Limited VlM2ssTAA Virtual Interface Module Lifetime for the rear of the X460G2 Warranty with Attachment D Page 215 of 471 Page 563 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 216 of 471 Page 564 of 1147 providing 2 ports of express Extremes SummitStack Advanced Ilardware Replacern ent-2 16715T Summit Summit X460G2 TAAcompliant Optional Limited TMCLKTAA Timing Module for the Lifetime rear of the X460G2 Warranty providing the hardware with for SyncE and 1588 PTP express clocking with 2 ports of Advanced miniBNC connectors for Hardware clocking outputs replacem ent-2 16716T Summit X460G224tGE4FBACTAA 24 10/100/1 OOOBASET 4 Limited 1000BASEX unpopulated Lifetime SFP Rear VIM Slot Warranty (unpopd) Rear Timing with Slot (unpopd) 2 power express supply slots populated Advanced with 30OW PS fan module I lardware FronttoBack ExtremeXOS Replacern Advanced Edge license ent-2 with Policy with EXOS Release 22.1 or greater 1671 ST Summit X460G224pGE4FB715TA 24 10/100/1000BASET Limited A POE+ 4 1000BASEX Lifetime unpopulated SFP Rear Warranty VIM Slot (unpopd) Rear with Timing Slot (unpopd) 2 express power supply slots Advanced populated with 715W PS Hardware fan module FronttoBack Replacers ExtremeXOS Advanced ent-2 Edge license with Policy with EXOS Release 22.1 or greater 16719T Summit X460G248pGE4FB I I 00T 48 10/100/1000BASET Limited AA POE+ 4 1000BASEX Lifetime unpopulated SFP Rear Warranty VIM Slot (unpopd) Rear with Timing Slot (unpopd) 2 express power supply slots Advanced populated with I I OOW PS Hardware fan module FronttoBack Replacem ExtremeXOS Advanced ent-2 Attachment D Page 216 of 471 Page 564 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 217 of 471 Page 565 of 1147 Edge license with Policy with EXOS Release 22.1 or greater 16720T Summit X460G2 ] 6mp32p I OGE41713 16 10OMb/1.0/2.5(ibE Limited TAA PoE+ 32 Lifetime 10/100/1000BASET Warranty PoE+ 4 1000110E BaseX with unpopd SFP+ ports Rear express VIM Slot (unpopd) Rear Advanced Timing Slot (unpopd) 2 Hardware 1100 watt power supplies Replacern fan module FronttoBack ent-2 EROS Advanced Edge license w Policy Trade Agree ent Act 16756T Summit X460G224p24hplOGE4F13 X460G2 24 10/100/1000 Limited TAA full dLLPICX PoE+ 24 Lifetime 10/100/1000 full/half Warranty duplex PoE+ 4 1000/10G with SFP+ ports Rear VIM Slot express Rear Timing Slot 2 Advanced I I OOW AC power Hardware Supplies fan module Replacern FronttoBack airflow ent-2 ExtremeXOS Advanced Edge w Policy Trade Agree ent Act 16757T Summit X460G224t24ht I OGE4FBT X460G2 24 10/100/1000 Limited AA full duplex 24 Lifetime 10/100/1000 full/half Warranty duplex 4 1000/1 OG SFP+ with ports Rear VIM Slot Rear express Timing Slot two 30OW Advanced AC power supplies fan Hardware module FronttoBack Replacern airflow ExtremeXOS ent-2 Advanced Edge w Policy Trade Agreement Act model 16G-SFP- SRA FRUSFP+SWLl6GlPKBR FRUSFP+SWL16GIPKB I Year 10/31/ 000192 R Warranty 2024 16G-SFP- SRA FRUSFP+SWL16G8PKBR FI-),USFP+SWL16G8PKB I Year 10/31/ 000193 R Warranty 2024 16G-SFP- SRA FRUSFP+LWL16GIOKMI FRUSF'P+LWL16GIOKM I Year 10/31/ 000198 PKBR 1P 13R Warranty 2024 Attachment D Page 217 of 471 Page 565 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 160-SFP- SRA FRUSFP+LWL16GIOKM8 FRUSFP+LWL16GIOKM I Year 10/31/ 000199 PK -BR 8PKBR Warranty 2024 16G-SFP- SRA FRU (SSFP SWL 4X160; FRU QSFP SWL 4XI60; I Year 10/31/ 000245 FCCOMPUANT IPK FCCOMPLIANT IPK Warranty 2024 17101T Summit Summit X670V48xFBTAA 48 1 OGBASEX SFP+ one I Year 06/30/ VIM4 slot (unpopulated) Warranty 2022 ExtremeXOS Advanced Edge License unpopulated dual PSU power slot FronttoBack airflow fan module Trade Agreement Act compliant model. 17102T Summit Summit X670V48xBFTAA 48 1 OGBASEX SFP+ one I Year 06/30/ VIM4 slot (unpopulated) Warranty 2022 ExtremeXOS Advanced Edge License unpopulated dual PSIJ power slot BacktoFront airflow fan module Trade Agreement Act compliant model. 17103T Summit Summit X67048xFBTAA 48 lOGBASEX SFP+ I Year 06/30/ ExtrerneXOS Advanced Warranty 2022 Edge License unpopulated dual PSU power slot FronttoBack airflow fan module Trade Agreement Act compliant model. 17104T Summit Summit X67048xBFTAA 48 IOGBASEX SFP+ I Year 06/30/ ExtremeXOS Advanced Warranty 2022 Edge License Unpopulated dual PSU power slot BacktoFront an -flow fan module Trade Agreement Act compliant model. 17201T Summit Summit 48 1 OGBASET 4 1 Year 03/01/ X670V48tFBACTAA IOGBASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48GBaseT ports) one VIM4 slot (unpopulated) ExtremeXOS Advanced Edge License 2 FronttoBack 550W AC power supplies FronttoBack airflow fansTrade Attachment D Page 218 of 471 Page 566 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 219 of 471 Page 567 of 1147 Agreement Compliant model 17202T Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48tBFACTAA IOGBASEX (unpOPLIlated Warranty 2024 and shared with 4 ports of the 48 1 OGBaseT ports) one VIN14 slot (unpopuilated)ExtremeXO S Advanced Edge License2 BacktoFront 55OW AC power suppliesBacktoFront airflow fansTrade Agreement Compliant model 17203T Summit Summit 48 IOGBASET4 I Year 03/01/ X670V48tFBDCTAA IOGBASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 1 OGBaseT ports) one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License 2 FronttoBack 550W DC power suppliesFronttoBack airflow fansTrade Agreement Compliant model 172047 Summit Summit 48 I0GBASET4 I Year 03/01/ X670V48tl3FDCI"AA IOGBASEX (unpopulated Warranty 2024 and shared with 4 ports of the 48 1 OGBaseT ports)one VIM4 slot (unpopulated)ExtremeXO S Advanced Edge License 2 BacktoFront 550W DC power supplies BacktoFront airflow fansTrade Agreement Compliant model Attachment D Page 219 of 471 Page 567 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 17205T Summit Summit 48 IOGBASET 4 1 Year 03/01/ X670V48tFBMIXTAA IOGBASEX (unpopulated Warranty 2024 and shared with 4 ports of I OGBaseT ports)one VIM4 slot(unpopulated)Extreme XOS Advanced Edge Licensel FronttoBack 550W AC power supply] FronttoBack 550W DC power supply FronttoBack airflow fansAA 17206T Summit Summit 48 1 OGBASET 4 1 Year 03/01/ X670V48tBFMIXTAA IOGBASEX (unpopulated Warranty 2024 and shared with 4 ports of IOGBaseTports )one VIM4 slot(unpopulated)Extreme XOS Advanced Edge Licensel FronttoBack 550W AC power supplyl FronttoBack 550W DC power supplyBackto Front airflow fansTAA 17310T Summit X670G248x4qFBACTAA TAA Summit I Year X670G248x4q 48 Warranty I OGBASEX SFP+ and 4 40GBASEX QSFP+ ExtremeXOS Advanced Edge License 2 550W AC Power Supplies with FronttoBack airflow and 3 FronttoBack airflow fan modules 17401 Summit X62016xBF TAA X620 16 Limited 10OMb/IGb/IOGBASEX Lifetime SFP+ ports 2 BF 30OW Warranty AC power supplies 1 BF with Fan Module ExtremeXOS express Edge license Advanced I lardware Replacem ent-2 17401T Summit X62016xFB TAA X620 16 Limited 10OMb/1Gb/IOGBASEX Lifetime SFP+ ports 2 FB 30OW Warranty Attachment D Page 220 of 471 Page 568 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 221 of 471 Page 569 of 1147 AC power supplies I FB with Fan Module ExtrerneXOS express Edge license Advanced Hardware Replacem, ent-2 17402E Summit X62016tBF TAA X620 12 Limited I00Mb/1Gb/I0GBASET Lifetime ports with EEE 4 Warranty I00Mb/1Gb/I0GBASET with with LEE shared with 4 express IGb/IOGBASEX SFP+ Advanced ports 2 BF 300W AC Hardware power supplies I BF Fan Replacern Module ExtremeXOS ent-2 Edge license 17402T Summit X62016tFB TAA X620 12 Limited I00Mb/1Gb/I0GBASET Lifetime ports with EEE 4 Warranty I00Mb/1Gb/I0GBASET with with EEE shared with 4 express IGb/IOGBASEX SFP+ Advanced ports 2 FB 30OW AC I lardware power supplies I FB Fan Replacern Module ExtremeXOS ent-2 Edge license 18104-6PK VPE V40048p I OGE4 Rack Six Pack of V400 Series Limited 48 101001000BASET Lifetime PoE 4 1000 1 OGBaseX Warranty unpopulated SFP ports with fixed power supply and express fans Advanced Hardware Replacern ent IG-SFP- SRA FRU SFP IGE FRUSFP I GE I Year 10/31/ 000190 COPPER] PKROIISBR COPPERIPKROIISBR Warranty 2024 IG-SFP- SRA IOOOBASEBXD SFP IOOOBASEBXD SFP I Year 10/31/ BXD 1490NM SMF LC (CON 1490NM SMF LC (CON Warranty 2024 IG-SFP- SRA IOOOBASEBXU STT` IOOOBASEBXU SFP I Year 10/31/ BXU 131 ONM SMF LC (CON 13 1 ONM SMF LC (CON Warranty 2024 1 G-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC I Year 10/31/ CWDM80- 8OKM 1470NM LC 8OKM 1470NM LC Warranty 2024 1470 CONNE CONNE Attachment D Page 221 of 471 Page 569 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. lG-SFP- SRA CWDM MGBlC OPTIC CWDM MGBIC OPTIC I Year 10/31/ CWDM80- 80K M 1490NM LC 8OKM 1490NM LC Warranty 2024 1490 CONNE CONNE 1C1-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC I Year 10/31/ CWDM80- 80KM 151 ONM LC 8OKM 15 1 ONM LC Warranty 2024 1510 CONNE CONNE I CI-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC I Year 10/31/ CWDM80- 80KM 1530NM LC 8OKM 1530NM LC Warranty 2024 1530 CONNE CONNE IG-SFP- SRA CWDM MGBlC OPTIC CWDM MGBIC OPTIC I Year 10/31/ CWDM80- 80KM 1550NM LC 8OKM 1550NM LC Warranty 2024 1550 CONNE CONNE 1G-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC I Year 10/31/ CWDM80- 80KM 1570NM LC 8OKM 1570NM LC Warranty 2024 1570 CONNE CONNE 1O-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC I Year 10/31/ CWDM80- 8OKM 1590NM LC 8OKM 1590NM LC Warranty 2024 1590 CONNE CONNE lG-SFP- SRA CWDM MGBIC OPTIC CWDM MGBIC OPTIC I Year 10/31/ CWDM80- 8OKM 1610NM LC 8OKM 1610NM LC Warranty 2024 1610 CONNE CONNE ICI-SFP- SRA I OOOBAS ELI IA SFP 100013ASELHA SFP I Year 10/31/ LHA-OM OPTIC SMF LC CONN OP OPTIC SMF LC CONN Warranty 2024 OP IG-SFP- SRA I OOOBASELHA SEP I OOOBASELHA SFP I Year 10/31/ LIIA-OM-T OPTIC MMF LC OPTIC MMF LC Warranty 2024 CONNECT CONNECT ICI-SFP- SRA MODULE MINIGBIC MODULE MINIGBIC I Year 10/31/ LHB OPTIC LHB SMF LC OPTIC LHB SMF LC Warranty 2024 1O-SFP-LX- SRA I OOOBASELX SFP OPTIC 1000BASELX SFP I Year 10/31/ OM SMF LC CONN OP OPTIC SMF LC CONN Warranty 2024 OP IG-SFP-LX- SRA 100013ASELX SFP OPTIC I OOOBASELX SFP I Year 10/31/ OM -8 8 PACK SMFLC CONN OPTIC 8 PACKSMFLC Warranty 2024 CONN I G-SFP-LX- SRA I OOOBASELX SEP OPTIC I OOOBASELX SFP I Year 10/31/ OM -T SMF LC CONNECTOR OPTIC SMF LC Warranty 2024 CONNECTOR ICI-SFP-SX- SRA 1000BASESX SFP OPTIC 1000BASESX SFP I Year 10/31/ OM MMF LC CONN OP OPTIC MMF LC CONN Warranty 2024 OP IG-SFP-SX- SRA I OOOBASESX SFP OPTIC 1000BASESX SFP I Year 10/31/ OM -8 8 PACKMMFLC CONN OPTIC 8 PACKMMFLC Warranty 2024 CONN Attachment D Page 222 of 471 Page 570 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. IG-SFP-SX- SPA 1000BASESX SFP OPTIC 1000BASESX SFP I Year 10/31/ OM -T MMF LC CONNECTOR OPTIC MMF LC Warranty 2024 CONNECTOR IG-SFP-TX SRA MODULE MINIGBIC TX MODULE MINIGBIC I Year 10/31/ 1000BASE RJ45 TX I OOOBASE RJ45 Warranty 2024 23844-00- WING CORD SET 18AWG SVT CORD SET18AWG SVT I Month OOR Wireless 3COND 7.5FT 3COND 7.5FT Warranty Wing 25-19371-01 WING CBL ASSYANTENNA CBL ASSYANTENNA I Month Wireless Warranty Wing 25-72178-01 WiNG CABLEJUMPER CABLEJUMPER I Month Wireless RPSMA(M) TO RPBNC(F) RPSMA(M) TO Warranty RPBNC(F) Wing 25-85391- WiNG Adapter RPSMAMNM RPSMA (Mate) to Type N I Month OIR Wireless (Male) Adapter Warranty Wing 25-85392- WING Adapter RPSMAMNF RPSMA (Male) To Type I Month OIR 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 OIR Wireless adapter Warranty Wing 25-90263- WING NMALE TO RPSMA NMALE TO RPSMA I Month 02R Wireless FEMALE ADAPTER FEMALE ADAPTER Warranty Wing 25-97593- WiNG CBL ASSYSERIAL NULL CBL ASSYSERIAL I Month OIR Wireless MODEM DB9RJ45 NULL MODEM Warranty DB9RJ45 Wing 25-99175- WING NType Female to NType NType Female to NType I Month OIR Wireless Female Adapter Female Adaptor Warranty Wing 25G-SFP28- SRA 25GBASESR SFP28 25GBASESR SFP28 I Year 10/31/ SR MODULE100M MODULE100M Warranty 2024 25G-SFP28- SRA 25G PASSIVE DIRECT 25G PASSIVE DIRECT I Year 10/31/ TWX -P- ATTACHED SFP28 ATTACHED Warranty 2024 0101 COPPE SFP28COPPER I MTR IPK 25G-SFP28- SRA 25G PASSIVE DIRECT 25G PASSIVE DIRECT I Year 10/31/ TWX -P- ATTACHED SFP28 ATTACHED SFP28 Warranty 2024 0108 COPPE COPPER IMTR8PK Attachment D Page 223 of 471 Page 571 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 25G-SFP28- SRA 25G PASSIVE DIRECT 25G PASSIVE DIRECT I Year 10/31/ TWX -P- ATTACHED SFP28 ATTACHED SFP28 Warranty 2024 0301 COPPE COPPER 3MTRIPK 25G-SFP28- SRA 25G PASSIVE DIRECT 25G PASSIVE DIRECT I Year 10/31/ TWX -P- ATTACHED SFP28 ATTACHED SFP28 Warranty 2024 0308 COPPE COPPER 3MTR8PK 40GB-CO.5- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces DAC 0.5M DAC 0.51 Warranty 40GB-COI- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CABLE IM CABLE I M Warranty 40GB-CO3- Modular 40GI3 QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CABLE 3M CABLE 3M Warranty 40GB-CO7- Modular 40GB QSFP COPPER 40GB, QSFP COPPER I Year QSFP Interfaces CABLE? 7M CABLE7M Warranty 40GB-ESR4- Modular 40GB EXTENDED 40GB EXTENDED I Year QSFP Interfaces REACH SR4 MM QSFP+ REACH SR4, MM Warranty QSFP+ 40GB-FIO- Modular 40GB QSFP FIBER 40GB, QSFP FIBER I Year QSFP Interfaces CABLE? 10m CABLE 10m Warranty 40GB-F20- Modular 40GB QSFP FIBER 40GB, QSFP FIBER I Year QSFP Interfaces CABLE? 20M CABLE 20M Warranty 40GB-LR4- Modular 40GB 40GBASELR4 SMF 40GB, 40GBASE-LR4 I Year QSFP Interfaces QSFP+ SMF QSFP+ Warranty 40GB-LR4- Modular 40GB LR4 SM QSFP+ 40GB, LR4, SM, QSFP+, I Year QSFP-G Interfaces TAA TAA Warranty 40GB-SR4- Modular 40GB 40GBASESR4 MMF 40GB, 40GBASE-SR4 I Year QSFP Interfaces QSFP+ MMF QSFP+ Warranty 40GB-SR4- Modular 40GB SR4 MM QSFP+ 40GB, SR4, MM, QSFP+, I Year QSFP-G Interfaces TAA TAA Warranty 40G-QSFP- SRA QSFP+ TO 4 SFP+ 4x I OGE Direct Attached I Year 10/31/ 4SFP-AOC- ACTIVE OPTICAL QSFP+ to 4 SFP+ Active Warranty 2024 1001 CABLE10M Optical Breakout Cable 10m I pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4x I OGE Direct Attached I Year 10/31/ 4SFP-C- TO 4 SFP+ ACTIVE COP QSFP+ to 4 SFP+ Active Warranty 2024 0101 Copper Breakout Cable Im 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4x I OGE Direct Attached I Year 10/31/ 4SFP-C- TO 4 SFP+ ACTIVE COP QSFP+ to 4 SFP+ Active Warranty 2024 0301 Copper Breakout Cable 3m 1pack 40G-QSFP- SRA DIRECT ATTACH QSFP+ 4x I OGE Direct Attached I Year 10/31/ 4SFP-C- TO 4 SFP+ ACTIVE COP QSFP+ to 4 SFP+ Active Warranty 2024 0501 Copper Breakout Cable 5m 1pack Attachment D Page 224 of 471 Page 572 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 40G-QSFP- SRA 40GB QSFP DIRECT 40GE QSFP Direct I Year 10/31/ C-0101 ATTACH CABLElM Attached Copper Cable Warranty 2024 Im Ipack 40G-QSFP- SRA 40GB QSFP DIRECT 40GE QSFP Direct I Year 10/31/ C-0501 ATTACH CABLE5M Attached Copper Cable Warranty 2024 5m 1pack 40G-QSFP- SRA 40GBASEER4 QSFP+ 40GBASEER4 QSFP+ I Year 10/31/ ER4-1 (LC)40I M SMF IPK (LC)401,,'-M SNIF 1PK Warranty 2024 40G-QSFP- SRA 40GBASESR4 QSFP+ 40GBASEESR4 QSFP+ I Year 10/31/ ESR4 (MODULE) 300M optic (MTP 1x8 or 1x12) Warranty 2024 300m over MMF I pack 40G-QSFP- SRA 40GBASEESR4 QSFP+ 40GBASEESR4 QSFP+ I Year 10/31/ ESR4-8 OPTIC 300M MMF optic (MTP I x 8 or I x 12) Warranty 2024 8PACK 300m over MMF 8pack 40G-QSFP- SRA 40GBASELM4 40GBASELM4 QSFP+ I Year 10/31/ LM4 QSFP+160M OM4 13 1 Onni 160m over Warranty 2024 MMF2KM SMF duplex LC O MMF 2krn over duplex LC SNIF 40G-QSFP- SRA 40GQSFPLR4 OPTIC (LC) 40GQSFPLR4 OPTIC I Year 10/31/ LR4-1 (LQ Warranty 2024 40G-QSFP- SRA 40GBASELR4 QSFP+ 40GBaseLR4 QSFP+ I Year 10/31/ LR4-8 OPTIC (LC)IOKM 8PACK optic (LC) for up to 10k Warranty 2024 over SMF 8PACK 40G-QSFP- SRA 4X I OGBASELR4 QSFP+ 40GBaseLR4 QSFP+ to 4 1 Year 10/31/ LR4-INT TO 4 SFP+ (MODULE) SFP+ optic (LC) for up to Warranty 2024 10krn over SNIF 1pack 40G-QSFP- SRA 4X I OGBASELR4 QSFP+ 4XI0GBASELR4 QSFP+ I Year 10/31/ LR4-INT-8 TO 4 SFP+ (8PACK) TO 4 SFP+ (8PACK) Warranty 2024 40G-QSFP- SRA 40GB QSFP DIRECT 40GE Direct Attached I Year 10/31/ QSFP-AOC- ATTACH AOC I OM QSFP+ to QSFP+ Active Warranty 2024 1001 Optical Cable 10m 1pack 40G-QSFP- SRA 40GE QSFP+ TO QSFP+ 40GE Direct Attached I Year 10/31/ QSFP-C- ACTIVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0101 CAD IISI Copper cable Im 1pack 40G-QSFP- SRA 40GE QSFP+ TO QSFP+ 40GE Direct Attached I Year 10/31/ QSFP-C- ACTIVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0301 CA[33M Copper cable 3m Ipack 40G-QSFP- SRA 40GE QSFP+ TO QSFP+ 40GE Direct Attached I Year 10/31/ QSFP-C- ACTIVE COPPER QSFP+ to QSFP+ Active Warranty 2024 0501 CAB5M Copper cable 5m I pack 40G-QSFP- SRA 40GB QSFP PASSIVE 40GE Passive Direct I Year 10/31/ QSFP-P- DIRECT ATTACH Attached QSFP+ to Warranty 2024 0501 CABLE5M QSFP+ Active Copper cable 5m Ipack Attachment D Page 225 of 471 Page 573 of 1147 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 STANDARD STANDARD 40G-QSFP- SRA 40GBASESR4 QSFP+ 40GBASESR4 QSFP+ I Year 10/31/ SR4-8 OPTIC I OOM MMF optic (MTP I x8 or I x 12) Warranty 2024 8PACK 100m over MMF Spack 40G-QSFP- SRA QSFP+ TRANSCEIVER 40GBASESR4 QSFP+ I Year 10/31/ SR4-INT (IOGBASESR optic (MTP 1x8 or 1x12) Warranty 2024 COMPATIBLE 100m over MMF compatible with IOGBASESRIOG breakoutcapable 1pack 40G-QSFP- SRA 40GE SR QSFP+ (LC) 40GE SR QSFP+ optic I Year 10/31/ SR-BIDI BIDIRECTIONAL (LC) Bidirectional 100m Warranty 2024 over OM3 MMF 41632B BD 8K BD 89001OG24Xc DCB BlackDiamond 8900 1 Year 06/30/ 24 ort IOGBASEX SFP+ Warranty 2023 50-16000- WiNG ACCord NEMA 115P AC Line Cord 1.8M I Month 182R Wireless ungrounded two wire Warranty NEMA 115P US for Wing power Supplies 50140002438 50-16000- WiNG CORDPWRISAWGIOA25 CORDPWR18AWGI0A2 I Month 2178 Wireless OVAUSTRALIA 50VAUSTRALIA Warranty Wing 50-16000- WiNG CORDPWR I 8AWG I OA25 CORDPWR18AWGIOA2 I Month 2188 Wireless OVJAPAN 50VJAPAN Warranty Wing 50-16000- WiNG CORDPWR18AWGIOA25 CORDPWR18AWGIOA2 I Month 2198 Wireless OVUK 50VUK Warranty Wing 50-16000- WiNG CORDPWR I 8AWG6A250 CORDPWR I 8AWG6A25 I Month 2208 Wireless VEUROPE OVEUROPE Warranty Wing 50-16000- WiNG CORDPWRISAWGlOAl2 COI WPWR18AWGIOAI I Month 2218 Wireless 5VUSA 25VUSA Warranty Wing 50-16000- WiNG ACCord CEE7/16 AC Line Cord I.8M I Month 2558 Wireless ungrounded two wire Warranty CEE7/16 Europe Abu Wing Dhabi Bolivia Dubai Egypt [ran Korea Russia Vietnam For power supply 5014000243R Attachment D Page 226 of 471 Page 574 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 50-16000- WiNG CORDPWR S. KOREA CORDPWR S. KOREA I Month 2568 Wireless CONT. EUROPE CEE7 CONT. EUROPE CEE7 Warranty Wing 50-16000- WiNG CORDPWR CHINA CORDPWR CHINA I Month 2578 Wireless Warranty Wing 50-16000- WiNG CBL ASSYCS1504 CBL ASSYCS] 504 1 Month 3868 Wireless SERIAL TO USB CONY SERIAL TO US13 CONY Warranty Wing 50-16000- WiNG ACCord GB209911996 AC Line Cord 1.8M I Month 66412 Wireless ungrounded two wire GB Warranty 209911996 plug Wing Associated Country China For power supply 50140002438 50-16000- WiNG ACCord AS 3112 AC Line Cord 1.8M I Month 6668 Wireless ungrounded two wire AS Warranty 3 112 Plug Associated Wing Country Australia For paver supply 50140002438 50-16000- WiNG CORDACPWR18AWG250 CORDACPWRI 8AWG2 I Month 6698 Wireless VI0AI.8MBLKIN 50VIOA1.8MBLKINIIIA Warranty Wing 50-16000- WiNG ACCord BS 1363 AC Line Cord 1.8M I Month 6701 Wireless ungrounded two wire BS Warranty 1363 Plug Associated Wing Countries Bermuda Hong Kong Iraq Malaysia Singapore and United Kingdom For power supply 50140002438 50-16000- WiNG CORDACPWR18AWG250 CORDACPWRI 8AWG2 I Month 6718 Wireless VIOAI 8MBLKITL 50VI0AI.SMBLKITALY Warranty Wing 50-16000- WiNG CORDACPW18AWG250V CORDACPWI 8AWG250 I Month 6728 Wireless IOAI.8MBLKIR VI0AI.81' BLKISRAEL Warranty Wing 50-16000- WiNG CORDACPWR18AWG3 CORDACPWR18AWG3 I Month 7278 Wireless PLUGBLKIOABZ PLUGBLKIOABRAZIL Warranty Wing 5601013-D Cables/Co DENMARKCORDSRAFC 0 No rinectivity 13 Warranty 5601013-F Cables/Co BRAZILCORDNBR 14136 BRAZIL,CORD,NBR No nnectivity 10A C13 14136, 10A, C13 Warranty Attachment D Page 227 of 471 Page 575 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 5601013-U2 Cables/Co USACORDNEMA 6150I3 USA,CORD,NEMA 6- No nnectivity 208250V 15,C'13 Warranty 5601313-J Cables/Co JUMPERCORDC14CI3 JUMPER,CORD,C14,Cl No nnectivity 3 Warranty 5601313-Ul Cables/Co USACORDNEMA 5150I3 USA,CORD,NEMA 5- No nnectivity 15,C 13 Warranty 5601313- Cables/Co USA CORD NEMA USA, CORD, NEMA No UIL5 nnectivity L5/15P C13 3.5 M L5/15P, C13,3.5 M Warranty 5601513-F Cables/Co BRAZILCORD NBR BRAZIL,CORD NBR No nnectivity 14136 20A C13 14136, 20A, C13 Warranty 5601513-Ul Cables/Co USACORDNEMA 515 USA,CORD,NEMA 5-15, No nnectivity C13 14 AWG C13,14 AWG Warranty 5602019 -AS Cables/Co AUSTRALIACORDAS311 AUSTRALIA,CORD,AS No nnectivity 2C19SHLD 3112,CI9,SHLD Warranty 5602019 -BS Cables/Co SOUTH SOUTH No nnectivity AFRICACORDSABS AFRICA,CORD,SABS Warranty 164/IC19SHLD 164/1,CI9,SI-ILD 5602019 -CS Cables/Co ARGENTINACORDlRAM ARGENTINA,CORDjR No nnectivity 2073C19SHLD AM 2073,C19,SHLD Warranty 5602019 -ES Cables/Co EUROPECORDCEE7C19S EUROPE,C0RD,CEE7,C No nnectivity HLD 19,S1 -ILD Warranty 5602019 -FS Cables/Co BRAZILCORDNBR 14136 BRAZIL,CORD,NBR No nnectivity 20A C19 SHLD 14136 20A, C19, SHLD Warranty 5602019-J Cables/Co CORD JUMPER C19 C20 CORD, JUMPER, C19, No nnectivity C20 Warranty 5602019 -KS Cables/Co UKCORDBS UK,CORD,BS No nnectivity 1363C19SHLD 1363,CI9,SHLD Warranty 5602019 -SS Cables/Co SWISSCORDSEVIOIIC19 SWISS,CORD,SEVIOI 1, No nnectivity SHLD C19,SHLD Warranty 5602019- Cables/Co USACORDNEMA USA,CORD,NEMA 5- No us] nnectivity 520C19SHLD 20,C I 9,SHLD Warranty 5602019- Cables/Co USACORDNEMA USA,CORD,NEMA 6- No US2 nnecti vity 620C19SIlLD 20,CI9,SHLD Warranty 5602019- Cables/Co TWISTLOCK NEMA L615 TWISTLOCK NEMA No US2L6 nnecti vity US 220VAC L615 US 220VAC Warranty 5602019- Cables/Co TWISTLOCK NEMA L620 TWISTLOCK NEMA L6- No US2L620 nnectivity US 220VAC 20 US 220VAC Warranty 5602019- Cabics/Co USACORDNEMA USA,CORD,NEMA 5- No USLI nnectivity 520C19SHLD 3M 20,C19,SHLD, 3M Warranty 71A- Fixed ETS 710OG FAN MODULE 71000 FAN MODULE 5 Year 05/30/ 71GFAN SPARE SPARE Warranty 2024 71A -ECUS- Fixed ETS 7100 ADVANCE 7 100 ADVANCE Software 05/30/ ADVL3 ROUTING LICENSE ROUTING LICENSE Warranty 2024 71 A-EOS-G- Fixed ETS 710003 ADVANCED 71000 ADVANCED Software 05/30/ ADVL3 ROUTING LICENSE ROUTING LICENSE Warranty 2024 Attachment D Page 228 of 471 Page 576 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 71A-EOS- Fixed ETS 710OG MACSEC 710OG MACSEC Software GMACSEC LICENSE LICENSE Warranty 71A-EOS- Fixed ETS 7100K MACSEC 7100K MACSEC Software KMACSEC LICENSE LICENSE Warranty 71A -FAN Fixed ETS 7100 FAN MODULE 7100 FAN MODULE I Year 05/30/ SPARE SPARE Warranty 2024 71A -POE -A Fixed ETS 7100G POE POWER 7100G POE POWER I Year 05/30/ SUPPLY 1/0 SIDE SUPPLY 1/0 SIDE Warranty 2024 EXHAUST EXHAUST 71A -POE -B Fixed ETS 71000 POE POWER 710OG POE POWER I Year 05/30/ SUPPLY I/O SIDE SUPPLY 1/0 SIDE Warranty 2024 INTAKE INTAKE 71A -PS -A Fixed ETS 7 100 POWER SUPPLY I/O 7100 POWER SUPPLY I Year 05/30/ SIDE AIR EXHAUST 1/0 SIDE AIR EXHAUST Warranty 2024 71A -PS -B Fixed ETS 7 100 POWER SUPPLY I/O 7100 POWER SUPPLY I Year 05/30/ SIDE AIR INTAKE 1/0 SIDE AIR INTAKE Warrant 2024 71A -RACK- Fixed ETS 7100 UNIVERSAL RACK I Year 05/30/ U MOUNT KIT Warranty 2024 71GIIK21-2- Fixed ETS 7148GF 48 PORTSFP 2 7148GF 48 PORT SFP 2 Limited 05/30/ 48 SFP+ 2 QSFP+ SFP+ 2 QSFP+ Lifetime 2024 Warranty with express Advanced Hardware Replacem ent-2 71G2lK2L2- Fixed ETS 7124/24G 24 PORT POE 7124/24G 24 PORT POE Limited 05/30/ 24P24 24 S F P 2 SFP+2 QSFP 24 SP 2 SFP+2 QS FP Lifetime 2024 Warranty with express Advanced I lardware Replacem ent-2 71G2lK2L2- Fixed ETS 7148G48PORT POE 2 7148E 48 PORT POE 2 Limited 05/30/ 48P SFP+ 2 QSF'P+ SFP+ 2 QSFP+ Lifetime 2024 Warranty with express Advanced Hardware Replacem ent-2 Attachment D Page 229 of 471 Page 577 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 71KIIL4-24 Fixed ETS 7124 24 PORTS SFP+ W/ 4 7124 24 PORTS SFP+ W/ I Year 05/30/ 40GIG QSFP+ 4 40GIG QSFP+ Warranty 2024 71KIIL4-48 Fixed ETS 7148 48 PORTS SFP+ 7148 48 PORTS SFP+ I Year 05/30/ WITH 4 40GlG QSFP+ WITH 4 40GIG QSFP+ Warranty 2024 71K9lL4-24 Fixed ETS 7124T 24 PORTS 7124T 24 PORTS I Year 05/30/ IOGBASET W/4 40GIG I OGBASET WA 40GIG Warranty 2024 QSFP+ QSFP+ 71K9lL4-48 Fixed ETS 7148T48 PORTS 7148T 48 PORTS I Year 05/30/ I OGBASET W/ 4 40GIG Q I OGBASET W/ 4 40GIG Warranty 2024 Q 8G-SFP- SRA FRUSFPLWL8GIOKMIP FRUSFPLWLSGIOKMIP I Year 10/31/ 000153 KBR KBR Warranty 2024 SG-SFP- SRA FRUSFPSWLSGIPKBR FRUSFPSWL8GIPKBR I Year 10/31/ 000163 Warranty 2024 8G-SFP- SRA FRUSFPSWLSG8PKBR FRUSFPSWL8G8PKBR I Year 10/31/ 000164 Warranty 2024 8G-SFP- SRA FRUSFPLWL8GI0KM8P FRUSFPLWLgGIOKMSP I Year 10/31/ 000172 ICER KBR Warranty 2024 8G-SFP- SRA FRUSFP+ELWL8G25KM1 FRUSFP+ELWL8G25K I Year 10/31/ 000174 PKBR MIPKBR Warranty 2024 9380010-3M Cables/Co CBL ASSY LC TO LC CBL ASSY, LC TO LC No nnectivity DPLX I OGB MM FBR 3M DPLX, I OGB MM FCR, Warranty 3M 9380011-3M Cables/Co CBL ASSY ST TO LC CBL ASSY, ST TO LC No nnectivity DPLX I OGB MM FBR 3M DPLX, I OGB MM FBR Warranty 3M 9380012-3M Cables/Co CBL ASSY SC TO LC CBL ASSY, SC TO LC No nnectivity DPLX I OGB MM FBR 3M DPLX, I OGB MM FBR, Warranty 3M 9380014-5M Cables/Co CBL MPO 4 LC CBL, MPO- 4 LC No nnectivity DPLXPLENUM 10 GB DPLX,IIILENUM, 10 GB Warranty MM 5M MM, 5M 9380527-3M Cables/Co CBL ASSY LC TO SC CBL ASSY, LC TO SC No nnectivity DPLX 62.5 MM FBR 3M DPLX, 62.5 MM FBR, Warranty .1�M 9380528-3M Cables/Co CBL ASSY LC TO ST CBL ASSY, LC TO ST No nnectivity DPLX 62.5 MM FBR 3M DPLX, 62.5 MM FBR, Warranty 3M 9380529-3M Cables/Co CBL ASSY LC TO LC CBL ASSY, LC TO LC No nnectivity DPLX 62.5 MM FBR 3M DPLX, 62.5 MM FBR, Warranty 3M 9380530-3M Cables/Co CBL ASSY LC TO SC CBL ASSY, LC TO SC No nnectivity DPLX SM FBR 3M DPLX, SM FBR, 3M Warranty 9380531-3M Cables/Co CBL ASSY LC TO ST CBL ASSY, LC TO ST No nnectivity DPLX SM FBR 3M DPLX, SM FBR, 3M Warranty Attachment D Page 230 of 471 Page 578 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 9380532-3M Cables/Co CBL ASSY LC TO LC CBL ASSY, LC TO LC No nnectivity DPLX SM FBR 3M DPLX, SM FBR, 31sT Warranty A411124- Fixed L2 I [IGI I AVAILABILITY 24 HIGH AVAILABILITY Limited 12/31/ 24FX PORT 100BASEFX A4 24 PORT I OOBASEFX Lifetime 2022 A4 Warranty with express Advanced I lardware Replacem ent-2 A41 -1124-24P Fixed L2 24 PORT 10/100 POE A4 24 PORT 10/100 POE A4 Limited 12/31/ SWITCH SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 A411124- Fixed L2 IlIGIIAVAILABlLITY24 HIGH AVAILABILITY Limited 06/30/ 24TX PORT 10/100 A4 24 PORT 10/100 A4 Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 A41-1124-48 Fixed L2 48 PORT 10/100 A4 48 PORT 10/100 A4 Limited 12/31/ SWITCH SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 A414124 -48P Fixed L,2 48 PORT 101100 POE A4 48 PORT 10/100 POE A4 Limited 12/31/ SWITCH SWITCH Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 231 of 471 Page 579 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 232 of 471 Page 580 of 1147 Replacem ent-2 A411254- Fixed L2 HIGH AVAILABILITY A4 HIGH AVAILABILITY Limited 06/30/ 8F8T W 8TX 8FX A4 W 8TX 8FX Lifetime 2022 Warranty with express Advanced I lardware Replacem ent-2 AA0020049- LAN PWR CRD 20A/125V POWER CORD I Year 06/30/ E6 NEMA 520 NA 20A/125V NEMA 520 Warranty 2022 NORTH AMERICA AA0020050- EAN PWR CRD 15A/250V POWER CORD I Year E6 NEMA 615 NA 15A/250V NEMA 615 Warranty NORTH AMERICA AA0020051- EAN PWR CR -D 16A/250V POWER CORD I Year E6 CEE7/7 EURO 16A/250V CEE7/7 Warranty CONTINENTAL EUROPE AA0020052- EAN PWR CRD 16A/250V POWER CORD I Year E6 CE123 ITALY 16A/250V CEI 2350 S17 Warranty ITALY AA0020053- EAN PWR CRD 16A/250V S132 POWER CORD I Year E6 ISRAEL 16A/250V SI 32 ISRAEL Warranty AA0020054- EAN PWR CRD 15A/250V POWER CORD I fear E6 BS546 IND/SAF 15A/250V BS546 INDIA Warranty / SOUTH AFRICA AA0020055- EAN PWR CRD 16A/230V 3PIN POWER CORD I Year E6 INTL 16A/230V 3PIN Warranty TEC60309 INTERNATIONAL AA0020056- EAN PWR CRD 20A/250V POWER CORD I Year E6 NEMA L620 NA 20A/250V NEMA L620 Warranty TWIST LOCK NORTH AMERICA AA0020057- EAN PWR CRD 15A/250V AS POWER CORD I Year E6 3112 AU 15A/250V AS 3112 Warranty AUSTRALIA AA0020058- EAN PWR CRD 13A/230V POWER CORD I Year E6 B S 13 62 U 13A/230V BS 1362 UK Warranty AND IRELAND AA0020059- EAN PWR CRD 16A/250V POWER CORD I Year E6 08 11918 CHINA 16A/250V GB 1191889 Warranty GREATER CHINA Attachment D Page 232 of 471 Page 580 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020060- EAN PWR CRD 15A/250V POWER CORD I Year E6 NEMA L615 NA 15A/250V NEMA L615 Warranty TWIST LOCK NORT11 AMERICA AA0020062 EAN POWER CORD IEC C13 POWER CORD 2.5M I Year E6 TO NEMA 515P USA 10A IEC C15 TO NEMA Warranty 515 USA AA0020063 EAN POWER CORD IEC C13 POWER CORD 2.5M I Year E6 TO BS] 363 UK 10A IEC C13 TO BS1363 Warranty UK AA0020064 EAN POWER CORD IEC C13 POWER CORD 2.5M I Year E6 TO CEE 7/17 EU 10A IEC C13 TO CEE Warranty 7/17 EU AA0020067 EAN POWER CORD IEC C13 POWER CORD IEC C13 I Year E6 TO IS 1293 INDIA TO IS 1293 INDIA Warranty AA0020068 EAN POWER CORD IEC C 13 POWER CORD 2.5M 10 1 Year E6 TO AS 3112 AUST IEC C13 TO AS 3112 Warranty AA0020069 EAN POWER CORD IEC C13 POWER CORD 2,5M I Year E6 JAPAN TAIWAN 12A IEC C13 TO JIS Warranty 8303 JAPAN CNS10917 TAIWAN AA0020071- EAN POWER CORD IEC C15 POWER CORD 2.5M I Year E6 T®1351363 UK 10A IEC C15 TO BS1363 Warranty UK AA0020072- EAN POWER CORD IEC C15 POWER CORD 2.5M I Year E6 TO CEE 7/17 EU 10A IEC C15 TO CEE Warranty 7/17 EU AA0020073- EAN POWER CORD IEC C15 POWER CORD 2.5 M I Year E6 TO JIS 0303 JAPAN 10A IEC C15 TO JIS Warranty 08303 JAPAN AA0020074- EAN POWER CORD IEC C15 POWER CORD 2.0M I Year E6 TO NEMA 515 USA 10A IEC CIS TO NEMA Warranty 515 USA AA0020075- EAN POWER CORD IEC C15 POWER CORD 2.5M I Year E6 TO AUS3112 AUS NZ 10A IEC C15 TO Warranty AUS3112 AUS NZ AA0020076- EAN VSP PWR CRD 20A/125V VSP PWR CRD No E6 NEMA 520 NA 20A/125V NEMA 520 Warranty NA AA0020077- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 NEMA 615 NA 15A/250V NEMA 615 Warranty NA AA0020078- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 CEE7/7 EURO 16A/250V CEE7/7 EURO Warranty AA0020079- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 CE123 ITALY 16A/250V CEJ23 ITALY Warranty Attachment D Page 233 of 471 Page 581 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020080- EAN VSP PWR CR) 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 C 19 SAN 1641 SAF IEC C19 SAN 1641 SAF Warranty AA0020082- EAN VSP PWR CRD 16A/230V VSP PWR CRD No E6 3PIN INTL 16A/230V 3PIN INTL Warranty AA0020083- EAN VSP PWR CRD 20A/250V VSP PWR CRD No E6 NEMA L620 NA 20A/250V NEMA L620 Warranty NA AA0020084- EAN VSP PWR CRD 15A/250V VSP PWR CRD No E6 AS 3112 AU 15A/250V AS 3112 AU Warranty AA0020085- EAN VSP PWR CRD 13A/230V VSP PWR CRD No E6 B S 13 62 UK/IRE 13A/230V BS1362 Warranty UK/IRE AA0020086- EAN VSP PWR CRD 16A/250V VSP PWR CRD No E6 G131191 S CHINA 16A/250V GB 11918 Warranty CHINA AA0020087- EAN VSP PWR CRE) 15A/250V VSP PWR CRD No E6 NEMA L615 NA 15A/250V NEMA L615 Warranty NA AA0020094- EAN POWER CORD C15 TO POWER CORD 2.5M I Year E6 CNS10917 TAIWAN IEC C15 TO CNS10917 Warranty TAIWAN AA0020097- EAN POWER CORD C15 TO POWER CORD C15 TO I Year E6 SANS 1641 S. AFRICA SANS 1641 SOUTH Warranty AFRICA AA0020100- EAN POWER CORD C15 TO POWER CORD 2.5M I Year E6 NBR 14136 BRAZIL IEC C15 TO NBR 14136 Warranty BRAZIL AA0020101- EAN POWER CORD C13 TO POWER CORD2.5M IEC I Year E6 NBR 14136 BRAZIL C13 TO NBR 14136 Warranty BRAZIL AA0020102- EAN POWER CORD C19 TO POWER CORD C;19 TO No E6 NBR 14136 BRAZIL NBR 14136 BRAZIL Warranty AA0020103- EAN POWER CORD C 15 TO POWER CORD 2,5M I Year E6 SFV 1011 SWISS IEC C15 TO SFV 1011 Warranty SWITZERLAND AA0020104- EAN POWER CORD C13 TO POWER CORD 2.5M I Year E6 SFV 1011 SWISS IEC C13 TO SFV 1011 Warranty SWITZERLAND AA0020105- EAN POWER CORD C15 TO POWER CORD 2.5M I Year E6 CEI 2316 ITALY ILC C15 TO CEI 2316 Warranty ITALY AA0020106- EAN POWER CORD C15 TO POWER CORD 2.5M I Year E6 S132 ISRAEL IEC C15 TO S132 Warranty ISRAEL Attachment D Page 234 of 471 Page 582 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA0020107- EAN POWER CORD C13 TO POWER CORD 2.5M I Year E6 S132 ISRAEL IEC C13 TO 5132 Warranty ISRAEL AA0020108- LAN POWER CORD C15 TO POWER CORD C15 TO I Year E6 L615P L615P 250V/15A 15 Warranty METER TWIST AND LOCK AA0020109- LAN POWER CORD C15 TO POWER CORD 2.5M I Year E6 BS546 INDIA IEC C15 TO BS546 Warranty INDIA AA00201 10- EAN PWER CORD Cl 5TO POWER CORD 2.5M I Year E6 [RAM 2073 ARGENTINA IEC C 15 TO IRAM 2073 Warranty ARGENTINA AA0020112- EAN VSP8608 DC P Cord for VSP8608 DC Pwr Cord No E6 EC8605AO2E6 for EC8605AO2E6 Warranty AA1403001- EAN XFP LR/LW LAN/WAN I PORT I Year E5 SM 1OKM I OGBASELR/LW XFP Warranty LAN/WAN SINGLE MODE UPTO 10 AA1403005- EAN XFP SR MMF UPTO I PORT IOGBASESR I Year E5 300M XFP MULTIMODE Warranty FIBRE UPTO 300M AA1403011- LAN SFP+ LR SM IOKM SFP+ LR SM IOKM 1 Year E6 Warranty AA1403011- LAN I OGBLR SFP+ SMF UP I OGBASELR (SFP+) I OG I Year E611T TO 10 (IIT 85C) SUPPORTS SMF UP TO Warranty IOKM (HIGHTEMP OC TO 850) AA1403013- LAN SFP+ ER SM IOKM SFP+ ER SM IOKM I Year E6 Warranty AA1403015- EAN SFP+ SR MMF 300M SFP+ SR MMF 300M I Year E6 Warranty AA1403015- EAN I OGBSR SFP+ MMF UP I OGBAS E SR (SFP+) I OG I Year E6HT TO 300M (HT 85C) SUPPORTS MMF UP TO Warranty 300M (HIGHTEMP OC TO 85C) AA1403016- EAN I PORT 1001E SFP+ LONG WORT IOGE SFP+ I Year E6 REACHZR LONG REACHZR Warranty AA1403017- EAN SFP+ LRM MMF SFP+ LRM MMF I Year E6 220M/300M 220M/300M Warranty AA1403018- EAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE10M CABLE 10M Warranty AA1403019- EAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE3M CABLE 3M Warranty AA1403020- EAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE 5M CABLE5M Warranty Attachment D Page 235 of 471 Page 583 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA1403022- EAN SFP+ DIRECT ATTACH SFP+ DIRECT ATTACH I Year E6 CABLE 7M CABLE 7M Warranty AA1403043- EAN IOGBaseT SFP+ R'145 IOGBaseT SFP+ RJ45 I Year E6 Conn LJ to 30m Conn LT to 30m Warranty AA1403165- EAN I PRT CWDM SFP+ I PRT CWDM SFP+ I Year E6 1550NM 70KM 1550NM 70 :M Warranty AA 1403169- EAN I OGBX I Okm SFP+ I OGBX I Okm SFP+ I Year E6 TX/RX pair AA1403170 TX/RX pair AA1403170 Warranty AA1403170- EAN I OGBX 10k SFP+ I OGBX I 0krn SFP+ I Year E6 RX/TX pair AA 1403169 RX/TX pair AA1403169 Warranty AA1404001- EAN 40GBASELR4 QSFP+ 40GBASELR4 QSFP+ I Year E6 TRANSCEIVER TRANSCEIVER Warranty AA1404002- EAN 40G LM4 QSFP+ UP TO 40G LM4 QSFP+ UP TO I Year E6 80m ON MMF 80m ON MMF Warranty AA1404003- EAN 40GER4 QSFP+ 1310nm 40GER4 QSFP+ 13 1 Onrn I Year E6 SMF up to 30km SMF up to 30krn Warranty AA1404005- EAN 40GSR4/4XIOGSR QSFP+ 40GSR4/4XIOGSR I Year E6 TRANSCEIVER QSFP+ TRANSCEIVER Warranty AA1404006- EAN 40GBASEESR4/4xlOGBA 40GBASEESR4/4xlOGB I Year E6 SESR LT to 300m ASESR Upto 300ni Warranty AA1404028- EAN QSFP+ TO QSFP+ IOM QSFP+ TO QSFP+ IOM I Year E6 AOC AOC Warranty AA1404029- EAN QSFP+ TO QSFP+ DAC QSFP+ TO QSFP+ DAC I Year E6 CABLE IM CABLE 1M Warranty AA1404030- EAN QSFP+ TO QSFP+ DAC QSFP+ TO QSFP+ DAC I Year E6 2M PASSIVE COPPER 2M PASSIVE COPPER Warranty AA1404031- EAN QSFP+ TO QSFP+ DAC QSFP+ TO QSFP+ DAC I Year E6 CABLE 3M CABLE 3M Warranty AA1404032- EAN QSFP+ TO QSFP+ DAC QSFP+ TO QSFP+ DAC I Year E6 CABLE 5M CABLE; 5M Warranty AA1404033- EAN QSFP+ TO SFP+ DAC QSFP+ TO SFP+ DAC I Year E6 BREAKOUT CABLE IM BREAKOUT CABLE IM Warranty AA1404035- EAN QSFP+ TO SFP+ DAC QSFP+ TO SFP+ DAC I Year E6 BREAKOUT CABLE 3M BREAKOUT CABLE 3M Warranty AA1404036- EAN QSFP+ TO SFP+ DAC QSFP+ TO SFP+ DAC I Year E6 BREAKOUT' CABLE 5M BREAKOIJT CABLE 5M Warranty AA1404037- EAN QSFP+ TO QSFP+ DAC QSFP+ TO QSFP+ DAC I Year E6 CABLE O,5M CABLE 0,5M Warranty AA1404041- EAN QSFP+ TO 4SFP+ AOC QSFP+ TO 4SFP+ AOC I Year E6 IOM (ACTIVE) IOM (ACTIVE) Warranty AA1405001- EAN IOOGBASELR4 QSFP28 100GBASELR4 QSFP28 I Year E6 (LC Connector) (LC Connector) Warranty AA1405005- EAN I00GBASESR4 QSFP28 100GBASESR4 QSFP28 I Year E6 (MPC) Connector) (MPC) Connector) Warranty AA1405029- EAN ING QSFP28 TO QSFP28 ING QSFP28 TO I Year E6 DAC IM QSFP28 DAC 1M Warranty Attachment D Page 236 of 471 Page 584 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AA1405031- EAN 100G QSFP28 TO QSFP28 1000 QSFP28 TO I Year E6 DAC 3M QSFP28 DAC 3M Warranty AA1405032- EAN 1000 QSFP28 TO QSFP28 1000 QSFP28 TO I Year E6 DAC 5M QSFP28 DAC 5M Warranty AA1419043- EAN SFP I OOOBAS ET (RJ45) SFP 1000BASET (RJ45) I Year E6 Warranty AA 1419048- FAN SFP I 00013ASESX DDT SFP 1000BASESX DDT I Year E6 (LC) (LC) Warranty AA1419049- EAN SFP I OOOBASELX DDT SFP 1000BASELX DDT I Year E6 (LC) (LC) Warranty AA1419065- EAN SFP CWDM DDI (LC) SFP CWDM DDT (LC) I Year E6 1550NM 70KM 1550NM 70KM Warranty AA1419069- EAN SFP I 00013ASEBX (LC) SFP 1000BASEBX (LC) I Year E6 131 ONM 1310NM Warranty AA1419070- EAN SFI? I 00013ASEBX (LC) SFP IOOOBASEBX (LC) I Year E6 1490NM 1490NM Warranty AA1419074- EAN SFP I 0013ASEFX (LC) I PORT IOOBASEFX I Year E6 SFP (LC) Warranty AD -CMC -P- WiNG LICENSE CENTRALIZED LICENSE Software I Wireless MANAGEMENT CENTRALIZED Warranty CONSOLE MANAGEMENT CONSOLE AD -FEES -P- WiNG LICENSERADIOSHARE LIC ENSERADIOSHARE Software I Wireless ADV FORENSICS I AP ADV FORENSICS I AP Warranty AD-FESN-P- WiNG LICENSE ADV LICENSE ADV Software I Wireless FORENSICS FOR ONE FORENSICS FOR ONE Warranty SENSORAD SENSORAD AD-FLRS-P- WiNG LICENSERS WIPS FOR I LICENSERS WIPS FOR Software I Wireless SENSORADSP ISENSORADS11 Warranty AD-FLRS-P- WiNG LICENSERS WIPS FOR LICENSERS WIPS FOR Software Too Wireless 100 SENSORADSP 100 SENSORADSP Warranty AD-FLRS-P- WiNG LICENSERS WIPS FOR LICENSERS WIPS FOR Software 1000 Wireless 1000 SENSORADSP 1000 SENSORADSP Warranty AD-FLRS-P- WiNG LICENSERS WIPS FOR LICENSERS WIPS FOR Software 2000 Wireless 2000 SENSORADSP 2000 SENSORADSP Warranty AD-SNFL-P- WiNG LICENSE WIPS FOR ONE LICENSE WIPS FOR Software I Wireless SENSORAIRDEFENSE ONE Warranty SENSORAIRDEFENSE AD-VASN- WiNG MCENSEVULNERABILI LICENSE VULNERABIL Software P-1 Wireless TY ASSESNINT I ITY ASSESNINT I Warranty SENSOR SENSOR AH3313105 EAN EPM INCREMENTAL EP M INCREMENTAL Software 03/12/ 1000 1000 Warranty 2021 AT- 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 585 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 238 of 471 Page 586 of 1147 quad feed 36 leads and RPSMA connectors AL1011001- LAN UNIVERSAL RACK UNIVERSAL RACK I Year E6 MOUNT KIT D MOUNT KIT D Warranty ERS48XX ERS55XX ERS56XX VSP4000 VSP7000 AL1905005- EAN ERS5600 and VSP4000 ERS5600 and VSP4000 Limited 12/20/ E5 300W DC P/S 300W DC P/S Lifetime 2030 Warranty with express Advanced Hardware Replacer ent AL19050613- EAN DC PSU 450W ERS5900 DC POWER SUPPLY Limited E6 VSP7000 B2F 450W ERS5900 VSP7000 Lifetime BACK TO FRONT AIR Warranty FLOW with express Advanced Hardware Replacem ent AL190506F- EAN DC PSU 450W ERS5900 DC POWER SUPPLY Limited E6 VSP7000 17213 450W ERS5900 VSP7000 Lifetime FRONT TO BACK AIR Warranty FLOW with express Advanced Hardware Replacem ent AL1905A08- EAN 4800GTS/8100 300W AC ERS4800GT'S/WLAN810 Limited E5 P/S NO PC 0 300W AC RED PSU Lifetime NO PWR CRE) ROHS 6/6 Warranty with express Advanced Hardware Replacem ent AL1905A09- EAN ERS4900 250W PSU NO ERS4900 250W POWER Limited E6 POWER CORD SUPPLY UNIT NO Lifetime POWER CORD Warranty Attachment D Page 238 of 471 Page 586 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 239 of 471 Page 587 of 1147 with express Advanced Hardware Replacem ent AL1905A19- EAN ERS4900 1025W PSU NO ERS4900 1025W Limited E6 POWER CORD POWER SUPPLY UNIT Lifetime NO POWER CORD Warranty with express Advanced Hardware Replacem ent AL1905A21- EAN 4800GTSPWR+ 1000W ERS4800GTSPWR+ Limited E6 AC P/S NO PC 1000W AC RED PSU NO Lifetime PWRCRD Warranty with express Advanced Hardware Replacem ent AL1905A313 EAN ERS5900 132F 140OW PSU ERS5900 140OW AC Limited -E6 NO PC PSU 132F NO PC Lifetime Warranty with express Advanced Hardware Replace ent AL1905A3F- LAN ERS5900 F213 140OW PSU ERS5900 140OW AC Limited E6 NO PC PSU F2B NO PC Lifetime Warranty with express Advanced Hardware Replacem ent AL1905E19- EAN ERS4900 1025W PSU NO ERS4900 1025W Limited E6 PC ERATE POWER SUPPLY UNIT Lifetime NO PWS CORD EPATE Warranty ONLY with Attachment D Page 239 of 471 Page 587 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 240 of 471 Page 588 of 1147 express Advanced I lardware Replacem ent AL1905E21- EAN 480OGTSPWR+ 1000W ERS480OGTSPWR+ Limited E6 AC P/S NO PC ERATE 100OW AC RED PSU NO Lifetime PWR CRD ERATE Warranty ONLY with express Advanced Hardware Replacem ent ALI 905E3F- EAN ERS5900 F2B 140OW PSU ERS5900 FRONT TO Limited E6 NO PC ERATE BACK 140OW PSU NO Lifetime PWR CORD ERATE Warranty ONLY with express Advanced I lardware Replacem ent AL2011020- LAN DB9 FEM TO RJ45 CONS DB9 FEM TO RJ45 I Year E6 CON RED CONS CON RED CONV Warranty DB9 M TO RJ45 SERIAL AL2011022- EAN I . 5M RJ45/DB9 FEM 1.5M RJ45/DB9 INTEL R I Year E6 INTEGR CONS CBL CONS CABLE W DB9 Warranty FEM FOR PC AND RJ45 AL350OA01- EAN ERS 3526T NO PC 3526T 24 10/100 PORTS Limited 06/30/ E6 2 10/100/1 OOO/SFP 2 Lifetime 2023 REAR SFP NO PC Warranty with express Advanced Hardware Replacem ent-2 AL350OA02- EAN 35507 NO PC 3550T48 10/100 PORTS Limited 06/30/ E6 2 10/100/1 OOO/SFP 2 Rr Lifetime 2023 SFP NO PC Warranty with express Advanced Hardware Attachment D Page 240 of 471 Page 588 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 241 of 471 Page 589 of 1147 Replacem ent-2 AL350OA04- EAN ERS 351OGT NO PC 351OGT NO PC Limited E6 Lifetime Warranty with express Advanced I lardware Replacem ent-2 AL350OA05- EAN ERS 3524GT NO PC 3524GT 24 10/100/1000 Limited 06/30/ E6 PORTS 4 SFP 2 REAR Lifetime 2023 SFP NO PC Warranty with express Advanced Hardware Replacern ent-2 AL350OA06- EAN 3549GTS NO PC 3549GTS 48 10/100/1000 Limited 06/30/ E6 PORT'S 2 SHARED SFP Lifetime 2023 1 SFP+ 2 REAR STK NO Warranty PC with express Advanced Hardware Replacern ent-2 AL3500AII- EAN ERS 3526T PWR+ NO PC 3526T PWR+ 24 10/100 Limited 06/30/ E6 POE+PORTS 2 Lifetime 2023 10/100/1000/SFP 2 RE Warranty SFP NO PC with express Advanced Hardware Replacem ent-2 AL350OAl2- EAN 35507PWR+ NO PC 3550TPWR+ 48 10/100 Limited 06/30/ E6 POE+PORTS 2 Lifetime 2023 10/100/1 OOO/SFP 2 Rr Warranty SFP NO PC with express Advanced Hardware Attachment D Page 241 of 471 Page 589 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 242 of 471 Page 590 of 1147 Replacem ent-2 AL3500A14- EAN ERS 351OGT PWR+ NO ERS3 5 1 OGTPWR+ NO Limited E6 PC PC Lifetime Warranty with express Advanced I lardware Replacem ent-2 AL3500A15- EAN ERS 3524GT PWR+ NO 3524GT PWR+ 24 Limited 06/30/ E6 PC 10/100/1000 POE+ Lifetime 2023 PORTS 4 SFP 2 REAR Warranty SFP NO PC with express Advanced Hardware Replacem exit -2 AL3500A16- EAN 3549GTSPWR+ NO PC 3549GTSPWR+ 48 Limited 06/30/ E6 10/100/1000 802.3at PoE Lifetime 2023 1 SFP+ 2 REAR STK NO Warranty PC with express Advanced Hardware Replacern ent-2 AL3511001- EAN ERS 3500 RACK MOUNT 3500 RACK MOUNT I Year E6 KIT SPARE Warranty AL3511002- EAN ERS 3510 PAIR RACK 3510 PAIR RACK KIT I Year E6 KIT JOIN TWO 3510 Warranty SWITCHES FOR 19 INCH RACK NINT AL3511003- EAN ERS 3510 SINGL E RACK 3510 S INGLE RACK I Year E6 KIT KIT TO MOUNT ONE Warranty 3510 SWITCH IN A19 INCH RACK AL3518001- EAN ERS3500 46CM STACK 350OSSC STACK I Year E6 CABLE CABLE 46CM (1.5F T) Warranty FOR 3500 SERIES SWITCHES AL3518002- EAN ERS3500 1.511 STACK 3500SSC STACK I Year E6 CABLE CABLE 1.5M (5FT) FOR Warranty Attachment D Page 242 of 471 Page 590 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 243 of 471 Page 591 of 1147 3500 SERIES SWITCHES AL3518003- EAN ERS3500 3M STACK 350OSSC STACK I Year E6 CABLE CABLE 3M (I OFT) FOR Warranty 3500 SERIES SWITCHES AL3600A05- EAN ERS3626GTS NO POWER ERS3626GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacern erit-2 AL3600A06- EAN ERS3650GTS NO POWER ERS3650GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL3600A15- EAN ERS3626GTSPWR+ NO ERS3626GTSPWR+ NO Limited E6 POWER CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL3600A16- EAN ERS3650GTSPWR+ NO ERS3650GTSPWR+ NO Limited E6 POWER CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL3600E16- EAN ERS3650GTSPWR+ NO ERS3650GTSPWR+ NO Limited E6 PCERATE PWR CORD ERATE Lifetime ONLY Warranty with Attachment D Page 243 of 471 Page 591 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 244 of 471 Page 592 of 1147 express Advanced I lardware Replacem ent-2 AL4516001 LAN ERS4500 ADV LIC (1 ERS4500 ADVANCED Software STACK) LICENSE KIT (I Warranty SWITCH STACK) AL4518001 - EAN 4500 SSC CABLE 46CM 4500 SSC HISTACK I Year E6 (IFT 51N) CABLE 46CM (IFT 51N) Warranty AL4518002- EAN 4500 SSC CABLE 15M 4500 SSC HISTACK I Year E6 (5 FT) CABLE I 5M (5FT) Warranty AL4518003- EAN 4500 SSC CABLE 3M 4500 SSC HISTACK I Year E6 (10FT) CABLE 3N4 (I OFT) Warranty AL4518004- EAN 4500 SSC CABLE 5M 4500 SSC HISTACK I Year E6 (16FT 41N) CABLE 5M (16FT 41N) Warranty AL480OA78- EAN ERS 485OGTS No PC 485OGTS 48 GIG 2 SFP 2 Limited 06/30/ E6 SFP+ PORTS I 30OW Lifetime 2023 NO PC Warranty with express Advanced Hardware Replacem ent-2 AL480OA79- EAN ERS 4826GTS NO PC 4826GTS 24 GIG 2 SFP 2 Limited 06/30/ E6 SFP+ PORTS I 30OW Lifetime 2023 NO PC Warranty with express Advanced Hardware Replacem ent-2 AL480OA88- LAN ERS 485OGT'SPWR+ NO 485OGTSPWR+ 48 GIG Limited 06/30/ E6 PC POE+ 2 SFP 2 SFP+ Lifetime 2023 PORTS I I OOOW NO PC Warranty with express Advanced Hardware Replacem ent-2 AL480OA88- EAN 4850GTS PWR+ NO PC 485OGTS POWER PLUS Limited 06/30/ E6GS GSA NO POWER CORD GSA Lifetime 2023 Warranty Attachment D Page 244 of 471 Page 592 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 245 of 471 Page 593 of 1147 with express Advanced Hardware Replacem ent-2 AL4800A89- EAI ERS 4826GTSPWR+ NO 4826GTSPWR+ 24 GIG Limited 06/30/ E6 PC POE+ 2 SFP 2 SFP+ Lifetime 2023 PORTS I 1000W NO PC Warranty with express Advanced Hardware Replacem erit-2 AL4800A89- LAN 4826E TS PWR+ NO PC 4826GTS POWER PLUS Limited 06/30/ E6GS GSA NO POWER CORD GSA Lifetime 2023 Warranty with express Advanced Hardware Replacem ent-2 AL4800E88- EAI ERS 4850( TSPWR+ NO 4850GT'SPWR+ 48 GIG Limited 04/08/ E6 PC ERATE POE+ 2 SFP 2 SFP+ Lifetime 2023 PORTS I 1000W NO Warranty PWR CORD ERATE with ONLY express Advanced Hardware Replacem ent-2 AL4800E89- LAN ERS 4826GT'SPWR+ NO 4826GTSPWR+ 24 GIG Limited 04/09/ E6 PC ERATE POE+ 2 SFP 2 SFP+ Lifetime 2023 PORTS I 1000 NO Warranty PWR CORI) ERATE with ONLY express Advanced Hardware Replacem ent-2 AL4900A01- EATS ERS4926GTS NO POWER ERS4926GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with Attachment D Page 245 of 471 Page 593 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 246 of 471 Page 594 of 1147 express Advanced Ilardware Replacem ent-2 AL4900A01- EAN TAA ERS4926GTS NO ERS4926GTS NO Limited E6GS POWER CORD POWER CORD TAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900A02- EAN ERS4926GTSPWR+ NO ERS4926G'FSPWR+ NO Limited E6 POWER CORD POWER CORD Lifetime Warranty with express Advanced I lardware Replacem ent-2 AL4900A02- EAN TAA ERS4926GTSPWR+ ERS4926GTSPWR+ NO Limited E6GS NO POWER CORD POWER CORD TAA Lifetime Warranty with express Advanced Hardware Replacem em -2 AL4900A03- EAN ERS4950GTS NO POWER ERS4950GTS NO Limited E6 CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900A03- EAN TAA ERS4950GTS NO ERS4950GTS NO Limited E6GS POWER CORD POWER CORD TAA Lifetime Warranty with express Attachment D Page 246 of 471 Page 594 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 247 of 471 Page 595 of 1147 Advanced Hardware Replacem ent-2 AL4900A04- EAN ERS4950GTSPWR+ NO ERS4950GTSPWR+ NO Limited E6 POWER CORD POWER CORD Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900A04- EAN TAA ERS4950G'FSPWR+ ERS4950GTSPWR+ NO Limited E6GS NO POWER CORD POWER CORD TAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900E02- EAN ERS4926GTSPWR+ NO ERS4926GTSPWR+ Limited E6 PC ERATE BASE SW LICENSE Lifetime 1025W POWER SUPPLY Warranty NO PWR CORD ERATE with ONLY express Advanced Hardware Replacem e-nt-2 AL4900E02- EAN ED SPEC 4950GTS ERS4926G'FSPWR+ NA Limited E6ED RES TR NA PWR POWER CORD (EDUC) Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL4900E04- EAN ERS4950GTSPWR+ NO ERS4950GTSPWR+ Limited E6 PC ERATE BASE SW LICENSE Lifetime 1025W POWER SUPPLY Warranty NO PWR CORD ERATE with ONLY express Advanced Attachment D Page 247 of 471 Page 595 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 248 of 471 Page 596 of 1147 I lardware Replacem ent-2 AL4900E04- EAN ED SPEC 4950GTSPWR ERS4950GTSPWR+ NA Limited E6ED RESTR NA PWR POWER CORD (EDUC) Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL590001 B- EAN ERS5928GTS DC PSU ERS5928GTS 450W DC Limited E6 FANS BACK TO FRONT POWER SUPPLY FANS Lifetime BACK TO FRONT AIR Warranty FLOW with express Advanced I lardware Replacern ent-2 AL590001F- LAN ERS5928GTS DC PSU ERS5928GTS 450W DC Limited E6 FANS FRONT TO BACK POWER SUPPLY FANS Lifetime FRONT TO BACK AIR Warranty FLOW with express Advanced Hardware Replacem ent-2 AL590003B- EAN ERS5952GTS DC PSU ERS5952GTS 450W DC Limited E6 FANS BACK TO FRONT POWER SUPPLY FANS Lifetime BACK TO FRONT AIR Warranty FLOW with express Advanced I lardware Replacern ent-2 AL590003F- EAN ERS5952GTS DC PSU ERS5952GTS 450W DC Limited E6 FANS FRONT TO BACK POWER SUPPLY FANS Lifetime FRONT TO BACK AIR Warranty FLOW with express Advanced Hardware Attachment D Page 248 of 471 Page 596 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 249 of 471 Page 597 of 1147 Replacem ent-2 AL590005B- EAN ERS5910OGTS DC PSU ERS5910OGTS 450W DC Limited E6 FANS B TO F POWER SUPPLY FANS Lifetime BACK TO FRONT AIR Warranty FLOW with express Advanced I lardware Replacem ent-2 AL590005F- EAN ERS5910OGTS DC PSU ERS5910OGTS 450W DC Limited E6 FANS F TO B POWER SUPPLY FANS Lifetime FRONT TO BACK AIR Warranty FLOW with express Advanced Hardware Replacern ent-2 AL590OAlB EAN ERS5928GTS 132F 450W ERS5928GTS B217 NO Limited -E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL5900AIF- EAN ERS5928GTS F2B 450W ERS5928GTS F213 NO Limited E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A2B FAN ERS5928(!TSPWR+ 132F ERS5928GTSPWR+ 132F Limited 06/30/ -E6 140OW PSU NO PC NO PC Lifetime 2023 Warranty with express Advanced Hardware Attachment D Page 249 of 471 Page 597 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 250 of 471 Page 598 of 1147 Replacem ent-2 AL5900A2F- EAN ERS5928GTSPWR+ F2B ERS5928GTSPWR+ F2B Limited 06/30/ E6 140OW PSU NO PC NO PC Lifetime 2023 Warranty with express Advanced I lardware Replacem ent-2 AL5900A3B EAN ERS5952GTS B2F 450W ERS5952GTS B2F NO Limited -E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL5900A3F- EAN ERS5952GTS F2B 450W ERS5952GTS F2B NO Limited E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL5900A4B EAN ERS5952GTSPWR+ BY ERS5952GTSPWR+ B2F Limited -E6 140OW PSU NO PC NO PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A4F- EAN ERS5952(1TSPWR+ F2B ERS5952GTSPWR+ F2B Limited E6 140OW PSU NO PC NO PC Lifetime Warranty with express Advanced Hardware Attachment D Page 250 of 471 Page 598 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 251 of 471 Page 599 of 1147 Replacem ent-2 AL5900A5B EAS! ERS5910OGTS B2F 450W ERS5910OGTS B2F NO Limited -E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A5B EAN TAA ERS5910OGTS ETF ERS5910OGTS BTF Limited -EGGS 450W PSU NO PC 450W PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL5900A5F- EAI ERS5910OGTS F2B 450W ERS5910OGTS F2B NO Limited E6 PSU NO PC PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL5900A5F- EAI TAA ERS59100GTS FTE ERS5910OGTS FTB Limited E6GS 450W PSU NO PC 450W PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5900A6B EAI ERS59100(!TSPWR+B2F ERS5910OGTSPWR+ Limited -E6 140OW PSU NO PC B2F NO PC Lifetime Warranty with express Advanced Hardware Attachment D Page 251 of 471 Page 599 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 252 of 471 Page 600 of 1147 Replacem ent-2 AL590OA6B EAN TAA ERS591OOGTSPWR+ ERS59100GTSPWR+ Limited -E6GS ETF PSU NO PC ETF PSU NO PC TAA Lifetime Warranty with express Advanced I lardware Replacem ent-2 AL590OA6F- EAN ERS59100GTSPWR+ F2B ERS59100GTSPWR+ Limited E6 140OW PSU NO PC F2B NO PC Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL590OA6F- EAN TAA ERS5910OGTSPWR+ ERS59100GTSPWR+ Limited E6GS FTB PSU NO PC FTB PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL590OA7B EAN ERS5928GTSUPWR BY ERS5928GTSUPWR B2F Limited -E6 140OW PSU NO PC 140OW PSU NO PC Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL590OA7B EAN TAA ERS5928GTSUPWR ERS5928GTSUPWR Limited -E6GS BTF PSU NO PC BBF PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Attachment D Page 252 of 471 Page 600 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 253 of 471 Page 601 of 1147 Replacem ent-2 AL5900A7F- EAN ERS5928GTSUPWR F2B ERS5928GTSUPWR F2B Limited E6 140OW PSU NO PC 140OW PSU NO PC Lifetime Warranty with express Advanced I lardware Replacem ent-2 AL5900A7F- EAN TAA ERS5928GTSUPWR ERS5928GTSUPWR Limited E6GS FTB PSU NO PC FTE PSU NO PC TAA Lifetime Warranty with express Advanced Hardware Replacern ent-2 AL5900A9B EAN TAA ERS5928MTS ERS5928MTSUPWR Limited -E6GS 140OW B to F NO PC 132F 140OW PSU NO PC Lifetime TAA Warranty with express Advanced Hardware Replacern ent-2 AL5900A9F- EAN TAA ERS5928MTS ERS5928MTSUPWR Limited E6GS 140OW F TO B NO PC F2B 140OW PSU NO PC Lifetime TAA Warranty with express Advanced Hardware Replacem ent-2 AL5900BTF EAN ERS5900 13217 FAN TRAY ERS5900 FAN TRAY Limited -E6 KIT B2F Lifetime Warranty with express Advanced Hardware Attachment D Page 253 of 471 Page 601 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 254 of 471 Page 602 of 1147 Replacem ent-2 AL5900EIB- EAN TAA ERS5928GTS B2F TAA ETHERNET Limited E6GS 450W PSU NA PC ROUTING SWITCH Lifetime 5928GTS 24 10/100/1000 Warranty 4 SI"P+ PORTS with INCLUDES BASE express SOFTWARE LICENSE Advanced B2F AIRFLOW 1 450W I lardware PSU AA0020074E6 Replacem POWER CORD ent-2 AL5900E1F- LAN TAA ERS5928GTS F213 TAA ETHERNET Limited E6GS 450W PSU NA PC ROUTING SWITCH Lifetime 5928GTS 24 10/100/1000 Warranty 4 SFP+ PORTS with INCLUDES BASE express SOFTWARE LICENSE Advanced F2B AIRFLOW 1 450W Hardware PSU AA0020074E6 Replacem POWER CORD ent-2 AL5900E3B- EAN TAA ERS5952GTS B2F TAA ETHERNET Limited E6GS 450W PSU NA PC ROUTING SWITCH Lifetime 5952GTS 48 10/100/1000 Warranty 4 SFP+ PORTS with INCLUDES BASE express SOFTWARE LICENSE Advanced B2F AIRFLOW 1 450W Hardware PSU AA0020074E6 Replacem POWER CORD ent-2 AL5900E3F- LAN TAA ERS5952GTS F2B TAA ETHERNET Limited E6GS 450W PSU NA PC ROUTING SWITCH Lifetime 5952GTS 48 10/100/1000 Warranty 4 SFP+ PORTS with INCLUDESBASE express SOFTWARE LICENSE Advanced F213 AIRFLOW 1 450W Hardware PSU AA0020074E6 Replacem POWER CORD ent-2 AL5900E4B- EAN TAA ERS5952GTSPWR+ TAA ETHERNET Limited E6GS B2F 140OW NA PC ROUTING SWITCH Lifetime 5952GTS 48 10/100/1000 Warranty 802.3AT PWR+ 4 SFP+ with PORTS INCLUDES express BASE SOFTWARE Advanced LICENSE 132F Hardware AIRFLOW I 140OW Attachment D Page 254 of 471 Page 602 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 255 of 471 Page 603 of 1147 AA0020108E6 POWER Replacern CORD ent-2 AL5900E4F- EAN ERS5952GTSPWR+ F213 ERS5952GTSPWR+ Limited E6 140OW NO PC ERATE BASE SW LICENSE Lifetime FRONT TO BACK Warranty 140OW NO PWR CORD with ERATE ONLY express Advanced Hardware Replacem ent-2 AL5900E4F- EAN 'FAA ERS5952GTSPWR+ TAA ETHERNET Limited E6GS F213 140OW NA PC ROUTING SWITCH Lifetime 5952GTS 48 10/100/1000 Warranty 802.3AT PWR+ 4 SFP+ with PORTS INCLUDES express BASE SOFTWARE Advanced LICENSE F2B Ilardware AIRFLOW I 140OW Replacern AA0020108E6 POWER ent-2 CORD AL5900E6F- EAN ERS59100GTSPWR+ F2B ERS59100GTSPWR+ Limited E6 NO PC ERATE F2B 140OW NO PC Lifetime ERATE ONLY Warranty with express Advanced Hardware Replacern ent-2 AL590OFTB EAN ERS5900 F213 FAN TRAY ERS5900 FAN TRAY Limited -E6 KIT F213 Lifetime Warranty with express Advanced Hardware Replacem ent-2 AL5911001- FAN ERS49005900 FOUR FOUR POST RACK I Year E6 POST RACK MOUNT MOUNT KIT FOR Warranty ERS4900 ERS5900 VSP7000 Attachment D Page 255 of 471 Page 603 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AL7000AOB EAN VSP 7000 AC PSU 132E VSP 7000 AC POWER Limited -E6 NO PC SUPPLY BACK2FRONT Lifetime COOLING (ITC} PC) Warranty with express Advanced Hardware Replacem ent AL7000AOF- EAN VSP 7000 AC PSU F213 VSP 7000 AC POWER Limited E6 NO PC SUPPLY FRONT213ACK Lifetime COOLING (NO PC) Warranty with express Advanced Hardware Replacem ent AL7000AI B EAN VSP 7000 DC PSU 13217 VSP 7000 DC POWER Limited -E6 SUPPLY BAC FRONT Lifetime COOLING Warranty with express Advanced Hardware Replacem ent AL7000AIF- EAN VSP 7000 DC PSU F213 VSP 7000 DC POWER Limited E6 SUPPLY FRONT2BACK Lifetime COOLING Warranty with express Advanced Hardware Replacem ent AP5051-FCC Smart AP5051FCC Cloudready Dual Radio Limited OmmEdge 802.11 ax/ac/abgn 4x,44 Lifetime Wireless MIMO Indoor 1 lax Warranty access point. Internal Wing Antenna Domain US Puerto Rico and Colombia AP505i- Smart AP505iFCCTAA Cloudready Dual Radio Limited FCC -TAA OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless ILII O Indoor 1 lax Warranty access point. Internal Wing Attachment D Page 256 of 471 Page 604 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 257 of 471 Page 605 of 1147 Antenna Domain US Puerto Rico and Colombia TAA Compliant AP505i-WR Smart AP505iWR Cloudready Dual Radio Limited OmniEdge 802.11 ax/ac/abgn 4x44 Lifetime Wireless MIMO Indoor I I ax Warranty access point. Internal Wing AntennaDoiriain EM EA and Rest Of World AP510e-FCC Smart AP510eFCC Cloudready Dual 5GHz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.1 tax/ac/abgn 4x44 Wing MIMO Indoor 11 ax access point with external antenna ports. Domain US Puerto Rico and Colombia. AP51 Oe- Smart AP510eFCCTAA Cloudready Dual 5GfIz Limited FCC -TAA OmmEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x,44 Wing MIMO Indoor 11 ax access point with external antenna ports. Domain US Puerto Rico and Colombia TAA Compliant. AP51 Oe -WR Smart AP510eWR Cloudready Dual 5GIlz Limited On-iniEdge 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 EM EA and Rest Of World, AP510i-FCC Smart AP510iFCC Cloudready Dual 5GHz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing Ml IM Indoor 11 ax access point. Internal Antenna Domain US Puerto Rico and Colombia Attachment D Page 257 of 471 Page 605 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP5 I Oi- Smart AP5101FCCTAA Cloudready Dual 5Gf1z Limited FCC -TAA OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.11 ax/ac/abgn 4x44 Wing MIMO Indoor 11 ax access point. Internal Antenna Domain US Puerto Rico and Colombia . TAA Compliant AP510i-WR Smart AP510iWR Cloudready Dual 5GHz Limited OmniEdge Dual band Sensor radio Lifetime Wireless Dual Radio Warranty 802.1 lax/ac/abgn 4x44 Wing MINIO Indoor 11 ax access point. Internal Antenna Domain EMEA and Rest Of World AP560h- Smart AP560hFCC Cloudready Dual 5GHz I Year FCC Omni Edge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal 30deg/70deg Panel Antenna Domain US and Colombia AP560h-WR Smart AP560hWR Cloudready Dual 5GHz I Year OnmiEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal 30deg/70deg Panel Antenna Domain Canada EMEA and Singapore AP560i-F'CC Smart AP560iFCC Cloudready Dual 5GHz I Year Omni Edge 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 5GHz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio Attachment D Page 258 of 471 Page 606 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 259 of 471 Page 607 of 1147 8 02. 11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna Domain Canada EMEA and Singapore AP560m- Smart AP560mFCC Cloudready Dual 5GHz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor I I ax access point. Internal Antenna + Mounting Kit (p/n IST' 14740702} Domain US and Colombia AP560t-FCC Smart AP560tFCC Cloudready Dual 5GIIz I Year OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 8 02. 11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal 30deg/70deg Panel Antenna + Mounting Kit (p/n 30520 WSMBOPOLE01 MBOART02) Domain US and Colombia AP560u- Smart AP560uFCC Cloudready Dual 5GHz I Year FCC OmniEdge Dual band Sensor radio Warranty Wireless Dual Radio 802.11 ax/ac/abgn 4x44 MIMO Outdoor 11 ax access point. Internal Antenna + Underseat Mounting Kit (p/n 30524 WSE1002 E1003) Domain US and Colombia AP -6511- WiNG AP6511 802.1 IN AP6511 8011 IN Limited 07/13/ 60010 -EU Wireless ETHERNET ETHERNET Lifetime 2022 WALLPLATEEU WALLPLATEEU Warranty Wing AP -6511- WING AP6511 802.1 IN AP6511 802.1 IN Limited 03/01/ 60010 -WR Wireless ETHERNET ETHERNET Lifetime 2021 WALLPLATE WR WALLPLATE WR Warranty Wing Attachment D Page 259 of 471 Page 607 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP651 I E- WiNG AP 6511 EXPRESS AP 6511 EXPRESS Limited 04/13/ 60010- Wireless 802.11N AP INT ANT WR 802.11N AP INT ANT Lifetime 2022 APME WR Warranty Wing AP -6511E- WiNG AP6511 HNETIJERNET AP6511 11N ETHERNET Limited 07/13/ 60010 -ECJ Wireless WALLPLATE AP EU WALLPLATE AP EU Lifetime 2022 ONLY Warranty Wing AP -651 I E- WiNG AP6511 11N ETHERNET AP6511 11N ETHERNET Limited 04/13/ 60010 -WR Wireless WALLPLATE AP WR WALLPLATE AP WR Lifetime 2022 ONLY Warranty Wing AP -6521- WiNG AP6521802.1 IN INDEP AP6521 02.1 IN INDEP Limited 04/13/ 60010 -ELI Wireless I RAD INT ANT EU IRA® INT ANT EU Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521802 . I IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60010 -IL Wireless I RAD INT ANT IL IRAD INT ANT IL Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521 802.11N SNCL 802.11N INDEPENDENT Limited 07/13/ 60010 -US Wireless RADIO INT ANT US ACCESS POINT Lifetime 2022 SINGLE RADIO Warranty INTERNAL ANTENNA Wing VERSION. AP -6521- WiNG AP6521 802.11 N SNCL 802.1 IN INDEPENDENT Limited 04/13/ 60010 -WR Wireless RADIO INT ANT WR ACCESS POINT Lifetime 2022 SINGLE RADIO Warranty INTERNAL ANTENNA Wing VERSION, AP -6521- WiNG AP6521801 I IN INDEP AP6521802.1 IN INDEP Limited 04/13/ 60020 -EU Wireless I RAD EXT ANTED I RAD EXT ANTED Lifetime 2022 Warranty Wing AP -6521- WiNG AP6521 802.11N SNCL 802.1 IN INDEPENDENT Limited 07/13/ 60020-IJS Wireless RADIO EXT ANT US ACCESS POINT Lifetime 2022 SINGLE RADIO Warranty EXTERNAL ANTENNA Wing VERSION. AP -6521- WiNG AP6521 02.11N SNCL 802.11N INDEPENDENT Limited 04/13/ 60020 -WR Wireless RADIO EXT ANT WR ACCESS POINT' Lifetime 2022 SINGLE RADIO Warranty EXTERNAL ANTENNA Wing VERSION. Attachment D Page 260 of 471 Page 608 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP6521 E- WING AP 6521 EXPRESS AP 6521 EXPRESS Limited 04/13/ 60010- Wireless 802.11N AP INT ANT WR 802.11N AP TNT ANT Lifetime 2022 APME WR Warranty Wing AP -6521E- WINCE AP6521 11N INTERNAL AP6521 11N INTERNAL Limited 04/13/ 60010 -ECJ Wireless ANTAP I RADIO EU ANTENNA AP I RADIO Lifetime 2022 EU ONLY Warranty Wing AP -6521E- WING AP6521 1 IN INTERNAL AP6521 11N INTERNAL Limited 04/13/ 60010 -US Wireless ANTAP I RADIO US ANTENNA AP I RADIO Lifetime 2022 LIS ONLY Warranty Wing AP -6521E- WING AP6521 11N INTERNAL AP6521 I IN INTERNAL Limited 04/13/ 60010 -WR Wireless ANTAP I RADIO WR ANTENNA AP I RADIO Lifetime 2022 WR ONLY Warranty Wing AP6521E- WiNG AP 6521 EXPRESS AP 6521 EXPRESS Limited 07/13/ 60020- Wireless 80111N AP EXT ANT 802.1 IN AP EXTANT Lifetime 2022 APME WR WR Warranty Wing AP -6521E- WING AP6521 I IN EXTERNAL AP6521 11N Limited 04/13/ 60020 -EU Wireless ANTAP I RADIO EU EXTERNAL ANTENNA Lifetime 2022 AP I RADIO EU ONLY Warranty Wing AP -6521E- WING AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020 -US Wireless ANTAP I RADIO US EXTERNAL ANTENNA Lifetime 2022 AP I RADIO US ONLY Warranty Wing AP -6521E- WING AP6521 I IN EXTERNAL AP6521 I IN Limited 04/13/ 60020 -WR Wireless ANTAP I RADIO WR EXTERNAL ANTENNA Lifetime 2022 AP I RADIO WR ONLY Warranty Wing AP -6522- WiNG PORTABLE AP US PORTABLE AP US I Year 01/31/ 66003P -US Wireless BATTERY POWERED BATTERY POWERED Warranty 2024 Wing AP -6522- WiNG PORTABLE AP US PORTABLE AP US I Year 04/29/ 66003PW- Wireless BATTERY POWERED BATTERY POWERED Warranty 2024 CTS CUSTOM CUSTOM Wing AP -6522- WING AP6522802.1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030 -EU Wireless 2RAD INT ANTEU 2RAD INT ANTEU Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522801 I IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030 -IL Wireless 2RAD INT ANT IL 2RAD INT ANT' IL Lifetime 2023 Warranty Wing Attachment D Page 261 of 471 Page 609 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -6522- WiNG AP6522802. I IN INDEP AP6522801 I IN INDEP Limited 03/30/ 66030 -US Wireless 2RAD INT ANT 2RAD INT ANT Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522801 1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66030 -WR Wireless 2RAD INT ANT 2RAD INT ANT Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522801 1 IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040 -EU Wireless 2RAD EXT ANTEU 2RAD EXT ANTEU Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802.1 IN INDEP AP6522 02,1 IN INDEP Limited 03/30/ 66040 -US Wireless 2RAD EXT ANT 2RAD EXT ANT Lifetime 2023 Warranty Wing AP -6522- WiNG AP6522802 . I IN INDEP AP6522802.1 IN INDEP Limited 03/30/ 66040 -WR Wireless 2RAD EXT ANT 2RAD EXT ANT Lifetime 2023 Warranty Wing AP6522E- WiNG AP 6522 EXPRESS AP 6522 EXPRESS Limited 03/30/ 66030- Wireless 80111N AP INT ANT WR 802.11N AP INT ANT Lifetime 2023 APME WR Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030 -EU Wireless ANTAP 2 RADIO EU ANTENNA AP 2 RADIO Lifetime 2023 EU ONLY Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030 -US Wireless ANTAP 2 RADIO US ANTENNA AP 2 RADIO Ll fetime 2023 LU ONLY Warranty Wing AP -6522E- WiNG AP6522 I IN INTERNAL AP6522 I IN INTERNAL Limited 03/30/ 66030 -WR Wireless ANTAP 2 RADIO WR ANTENNA AP 2 RADIO Lifetime 2023 WR ONLY Warranty Wing AP6522E- WiNG AP 6522 EXPRESS AP 6522 EXPRESS Limited 03/30/ 66040- Wireless 802.1 IN AP EXT ANT 802.11N AP EXT ANT Lifetime 2023 APME WR WR Warranty Wing AP -6522E- WiNG AP6522 I IN EXTERNAL AP6522 I IN Limited 03/30/ 66040 -EU Wireless ANTAP 2 RADIO EU EXTERNAL ANTENNA Lifetime 2023 AP 2 RADIO EU ONLY Warranty Wing Attachment D Page 262 of 471 Page 610 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -6522E- WiNG AP6522 1 IN EXTERNAL AP6522 I IN Limited 03/30/ 66040 -US Wireless ANTAP 2 RADIO US EXTERNAL ANTENNA Lifetime 2023 AP 2 RADIO IJS ONLY Warranty Wing AP -6522E- WING AP6522 11N EXTERNAL AP6522 I IN Limited 03/30/ 66040 -WR Wireless ANTAP 2 RADIO WR EXTERNAL ANTENNA Lifetime 2023 AP 2 RADIO WR ONLY Warranty Wing AP -6522- WING AP6522 EXT ANTNX9000 AP 6522 EXT Limited 03/30/ WM-MX- Wireless LICCORD ANT ANTENNA WITH Lifetime 2023 FRZ NX9000 LIC POE AC Warranty LINE CORD AND Wing ML24521[PA6M6072 ANTENNA AP -6532- WING AP6532802.1 IN INDEP AP6532802.1 IN INDEP Limited 04/13/ 66030 -WR Wireless 2 I INT ANT 2RADIO INT ANT Lifetime 2022 Warranty Wing AP -6532- WING AP6532801 I IN INDEP AP6532802.1 IN INDEP Limited 04/13/ 66040 -WR Wireless 2RADIO EXT ANT 21ZADIO EXT ANT Lifetime 2022 Warranty Wing AP -6562- WING AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66030 -EU Wireless 80111N AP INT ANT EU 802.11N AP INT ANT Warranty 2023 EU Wing AP -6562- WING AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66030 -IL Wireless 802.11N AP INT ANT IL 802.11N AP INT ANT IL Warranty 2023 Wing AP -6562- WING AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66030 -US Wireless 802.1 IN AP INT ANT US 802.1 IN AP INT ANT Warranty 2023 us Wing AP -6562- WING AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66030 -WR Wireless 802.1 IN AP INT ANT WR 802.1 IN AP INT ANT Warranty 2023 WR Wing AP -6562- WING AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66040 -EU Wireless 802.11N AP EXT ANT EU 802.1 IN AP EXT ANT Warranty 2023 ELF Wing AP -6562- WING AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66040 -US Wireless 802.11N AP EXT ANT US 802.1 IN AP EXTANT Warranty 2023 us Wing AP -6562- WING AP65620UTDOOR AP65620UTDOOR I Year 03/30/ 66040 -WR Wireless 802.11N AP EXT ANT 802.11N AP EXT ANT Warranty 2023 WR WR Wing AP -6562- WING AP6562 802.11N ACCESS I Year 03/30/ 6604) -IL Wireless OUTDOOR EXT ANT IL POINTAP6562OUTDOO Warranty 2023 Wing Attachment D Page 263 of 471 Page 611 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 264 of 471 Page 612 of 1147 R 802.11N AP EXT ANT IL AP6562E- WiNG AP 6562 EXPRESS AP 6562 EXPRESS I Year 03/30/ 66030- Wireless 802.11N AP INT ANT WR 802.11N AP INT ANT Warranty 2023 APME WR Wing AP -6562E- WiNG AP6562 11N INT. ANT. AP6562 I IN INT. ANT. I Year 03/30/ 66030 -EU Wireless OUT AP 2 RADIO EU OUTDOOR AP 2 RADIO Warranty 2023 EU ONLY Wing AP -6562E- WiNG AP6562 I IN INT. ANT. AP6562 I IN INT. ANT. I Year 03/30/ 66030 -US Wireless OUT AP 2 RADIA US OUTDOOR AP 2 RADIO Warranty 2023 USONLY Wing AP -6562E- WiNG AP6562 11 INT, ANT, AP6562 11 N INT, ANT. I Year 03/30/ 66030 -WR Wireless OUT AP 2 RADIO WR OUTDOOR AP 2 RADIO Warranty 2023 WR ONLY Wing AP6562E- WiNG AP 6562 EXPRESS AP 6562 EXPRESS I Year 03/30/ 66040- Wireless 802.1 IN AP EXT ANT 802.1 IN AP EXT ANT Warranty 2023 APME WR WR Wing AP -6562E- WiNG AP6562 I IN EXT, ANT, AP6562 11N EXT, ANT. I Year 03/30/ 66040 -EU Wireless OUT AP 2 RADIO EU OUTDOOR AP 2 RADIO Warranty 2023 EU ONLY Wing AP -6562E- WiNG AP6562 I IN EXT. ANT. AP6562 I IN EXT. ANT. I Year 03/30/ 66040 -US Wireless OUT AP 2 RADIO US OUTDOOR AP 2 RADIO Warranty 2023 USONLY Wing AP -6562E- WiNG AP6562 1 IN EXT. ANT. AP6562 I IN EXT. ANT. I Year 03/30/ 66040 -WR Wireless OUT AP 2 RADIO WR OUTDOOR AP 2 RADIO Warranty 2023 WR ONLY Wing AP -7161- WiNG AP7161OUTDOOR AP7161OUTDOOR I Year 03/01/ 66040 -WR Wireless 802.11N AP IN TL 802.11N AP INTL Warranty 2021 Wing AP -7161- WiNG AP7161 OUT 802.1 IN AP7161 OUTDOOR I Year 03/01/ 66S40 -JP Wireless 802.11J W SENSOR JP DUAL RADIO 802.1 IN Warranty 2021 AND 802.11 J WITH Wing SENSOR FOR JAPAN ONLY (JP) AP -7161- WiNG AP716IOUTDOOR AP7161OUTDOOR I Year 03/01/ 66540 -WR Wireless 802.11N AP W/SENSOR 802.11N AP W/SENSOR Warranty 2021 INT[ INTL Wing AP -7502- WiNG AP 7502 WALLPLATE AP 7502 WALLPLATE Limited 03/30/ 67030- Wireless I IAC AP INT ANT APME 802.1 IAC AP INT ANT Lifetime 2023 APME APME Warranty Wing AP -7502- WiNG WALLPLATE 802.1IAC" WALLPLATE 802.1 1AC Limited 03/30/ 67030 -EU Wireless DUAL RADIO AP. EU DUAL RADIO AP, EU Lifetime 2023 Warranty Wing Attachment D Page 264 of 471 Page 612 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7502- WING WALLPLATE WALLPLATE Limited 03/30/ 67030 -IL Wireless 802.1 IABGN/AC AP 802.1 IABGN/AC DUAL Lifetime 2023 WITH TRIM IL RADIO AP WITH Warranty AESTHTE TIC TRIM. Wing ISRAEL AP -7502- WiNG WALLPLATE 802.1 IAC WALLPLATE 802.11 AC 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 INT ANT 802.11 AC AP INT ANT Lifetime 2023 APME APME APME Warranty Wing AP -7502E- WING WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030 -EU Wireless RADIO 1 1AC. EXPRESS. RADIO 11 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 11 AC. Lifetime 2023 us EXPRESS. US Warranty Wing AP -7502E- WING WALLPLATE DUAL WALLPLATE DUAL Limited 03/30/ 67030 -WR Wireless RADIO I IAC. EXPRESS. RADIO I I AC. Lifetime 2023 WR EXPRESS. WR Warranty Wing AP -7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 67030 -1 -WR Wireless 802.1 IAC AP INT ANT 802.1 IAC AP INT ANT Lifetime WR WR Extreme Warranty Wing AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67030 -EU Wireless 802.1 IAC AP INT ANT' 802.1 IAC AP INT ANT Lifetime 2023 EU EU Warranty Wing AP -7522- WiNG AP7522 2RADIO AP 7522 DUAL RADIO Limited 03/30/ 67030 -EU -B Wireless 802.1 IAC INTEL! 802.1 IAC 2X22 MIMO Lifetime 2022 ACCESS POINT Warranty INTERNAL ANTENNA Wing (EU SKU). INCLUDED IN KIT IS A AP 7522 BEAM CLIP Attachment D Page 265 of 471 Page 613 of 1147 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 INT ANT 802.1 IAC AP INT ANT Lifetime us us Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67030 -US -B Wireless 2X22 MIMO INT ANT US 802.1 IAC 2X22 MIMO Lifetime 2022 ACCESS POINT Warranty INTERNAL ANTENNA Wing (US SKU). INCLUDED IN KIT IS AN AP 7522 BEAM CLIP AP -7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67030 -WR Wireless 802.1 1AC AP INT ANT 802.1 IAC AP INT ANT Lifetime 2023 WR WR Warranty Wing AP -7522- WING AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67030 -WR -B Wireless 2X22 MIMO INT ANT 802.11 AC 2X22 MIMO Lifetime 2022 WR ACCESS POINT Warranty INTERNAL ANTENNA Wing (WR SKU). INCLUDED IN KIT IS AN AP 7522 BEAM CLIP AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67040 -1 -WIZ Wireless 802,11AC AP EXTANT 802.1 IAC AP EXT ANT Lifetime WR WR Extreme Warranty Wing AP -7522- WING AP7522 INDOOR AP 7522 INDOOR Limited 04/02/ 67040- Wireless 802.1 IAC EXT ANT 802.1 IAC AP EXT ANT Lifetime 2023 APME APME APME Warranty Wing AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67040 -EU Wireless 802.1 IAC AP EXT ANT 802.11 AC AP EXTANT Lifetime 2023 EU EU Warranty Wing AP -7522- WING AP7522 2 RADIO AP 7522 DUAL RADIO Limited 03/30/ 67040- EU -B Wireless 8011 IAC EXT ANTEU 802.11 AC 2X22 MIMO Lifetime 2022 ACCESS POINT Warranty EXTERNAL ANTENNA Wing (EU SKU). THE ANTENNAS ON AP 7522 EXTERNAL ANTENNA SKU ARE DIPLEX ANTENNA PORTS, AP 7522 EXTERNAL SKU Attachment D Page 266 of 471 Page 614 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 267 of 471 Page 615 of 1147 REQUIRES 3 DUAL BANDED AP -7522- WING AP 7522 INDOOR AP 7522 INDOOR Limited 67040 -US Wireless 802.1 IAC AP EXTANT 802.1 IAC AP EXT ANT Lifetime us us Warranty Wing AP -7522- WiNG AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67040 -US -B Wireless 2X22 MIMO EXT ANT US 802.1 IAC 2X22 MIMO Lifetime 2022 ACCESS POINT Warranty EXTERNAL ANTENNA Wing (US SKU). THE ANTENNAS ON AP 7522 EXTERNAL ANTENNA SKU ARE DIPLEX ANTENNA PORTS. AP 7522 EXTERNAL SKU REQUIRES 3 DUAL BANDEDINCLUDED IN KIT IS AN AP 7522 BEAM CLIP AP -7522- WiNG AP 7522 INDOOR AP 7522 INDOOR Limited 07/28/ 67040 -WR Wireless 802.1 IAC AP EXT ANT 802.1 IAC AP EXT ANT Lifetime 2023 WR WR Warranty Wing AP -7522- WiNG AP7522 DUAL I IAC AP 7522 DUAL RADIO Limited 03/30/ 67040 -WR -B Wireless 2X22 MIMO EXT ANT 802.1 1AC 2X22 MIMO Lifetime 2022 WR ACCESS POINT Warranty EXTERNAL ANTENNA Wing (WR SKU). THE ANTENNAS ON AP 7522 EXTERNAL ANTENNA SKU ARE DIPLEX ANTENNA PORTS. AP 7522 EXTERNAL SKU REQUIRES 3 DUAL BANDED. INCLUDED IN KIT IS AN AP 7522 BEAM CLIP AP7522E- WING AP7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030- Wireless 802.1 1AC INT ANT 802.1 IAC AP INT ANT Lifetime 2023 APME APME APC E Warranty Wing Attachment D Page 267 of 471 Page 615 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7522E- WiNG AP7522E DUAL I IAC AP 7522E DUAL RADIO Limited 04/17/ 67030 -EU Wireless 2X22 MIMO INT ANTEU 802.11 AC 2X22 MIMO Lifetime 2023 ACCESS POINT Warranty INTERNAL ANTENNA Wing (EU SKU) WING EXPRESS AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030 -US Wireless 802.1 IAC AP INT ANT 802.1 IAC AP INT ANT Lifetime 2023 CJS us Warranty Wing AP -7522E- WiNG AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67030 -WR Wireless 802.1 IAC AP INT ANT 802.1 IAC AP INT ANT Lifetime 2023 WR WR Warranty Wing AP7522E- WiNG AP7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040- Wireless 802.1 IAC EXT ANT 802.1 IAC AP EXT ANT Lifetime 2023 APME APME APME Warranty Wing AP -7522E- WING AP7522E DUAL I 1AC AP 7522E DUAL RADIO Limited 04/17/ 67040 -ECJ Wireless 2X22 MIMO EXT ANT 802,I IAC 2X22 MIMO Lifetime 2023 EU ACCESS POINT Warranty EXTERNAL ANTENNA Wing (EU SKU) WING EXPRESS AP -7522E- WING AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040 -US Wireless 802,11AC AP EXTANT 802.1 IAC AP EXT ANT Lifetime 2023 us us Warranty Wing AP -7522E- WING AP 7522 EXPRESS AP 7522 EXPRESS Limited 04/17/ 67040 -WR Wireless 802.1 IAC AP EXT ANT 802.1 IAC AP EXT ANT Ll fetime 2023 WR WR Warranty Wing AP -7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -1 -WR Wireless 802.1 1AC AP INT ANT 802.1 IAC AP INT ANT Lifetime WR WR Extreme Warranty Wing AP -7532- WING AP7532 INDOOR AP 7532 INDOOR Limited 04/02/ 67030- Wireless 802.1 1AC AP INT ANT 802.1 IAC AP INT ANT Lifetime 2023 APME APME APME Warranty Wing AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -EG Wireless 802.1 1AC AP INT ANT 802.1 IAC AP INT ANT Lifetime EG Domain Egypt Warranty Wing Attachment D Page 268 of 471 Page 616 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67030 -EU Wireless 802.1 IAC AP INT ANT 802.1 IAC AP INT ANT Lifetime 2023 EU EU Warranty Wing AP -7532- WING AP7532 2 RADIO AP 7532 DUAL RADIO Limited 03/30/ 67030 -EU -B Wireless 802.1 IAC INT ANTEU 802.1 IAC 3X33 MIMO Lifetime 2022 ACCESS POINT Warranty INTERNAL ANTENNA Wing (EU SKU) INCLUDED IN KIT IS A AP 7532 BEAM CLIP AP -7532- WiNG AP7532 DUAL RADIO AP 7532 DUAL RADIO Limited 67030 -IL Wireless I IAC INT ANT IL 802.1 IAC 3X33 MIMO Lifetime ACCESS POINT Warranty INTERNAL ANTENNA Wing (ISRAEL SKU) AP -7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67030 -US Wireless 802.1 IAC AP INT ANT 802.1 IAC AP INT ANT Lifetime CTS us Warranty Wing AP -7532- WING AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 67030 -US -B Wireless 3X33 MIMO INT ANT US 802.1 IAC 3X33 MIMO Lifetime ACCESS POINT Warranty INTERNAL ANTENNA Wing (US SKU) INCLUDED IN KIT IS AN AP 7532 BEAM CLIP AP -7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67030 -WR Wireless 802.1 IAC AP INT ANT 802.1 IAC AP INT ANT Lifetime 2023 WR WR Warranty Wing AP -7532- WiNG AP7532 DUAL I I AC AP 7532 DUAL RADIO Limited 03/30/ 67030 -WR -B Wireless 3X33 MIMO INT ANT 802.1 LNC 3X33 MIMO Lifetime 2022 WR ACCESS POINT Warranty INTERNAL ANTENNA Wing (WR SKU) INCLUDED IN KIT IS AN AP 7532 BEAM CLIP AP -7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67040 -1 -WR Wireless 802,11AC AP EXTANT 802.1 1AC AP EXT ANT Lifetime WR WR Extreme Warranty Wing AP -7532- WING AP7532 INDOOR AP 7532 INDOOR Limited 04/02/ 67040- Wireless 802.1 IAC AP EXT ANT 802.1 1AC AP EXT ANT Lifetime 2023 APME APME APME Warranty Wing Attachment D Page 269 of 471 Page 617 of 1147 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 IAC AP EXT ANT 802.1 IAC AP INT ANT Lifetime EG Domain Egypt Warranty Wing AP -7532- WING AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67040 -EU Wireless 802.1 IAC AP EXT ANT 802.1 IAC AP EXT ANT Lifetime 2023 EU EU Warranty Wing AP -7532- WING AP 7532 DUAL RADIO AP 7532 DUAL RADIO Limited 03/30/ 67040 -EU -B Wireless 802.1 1AC EXT ANTEU 802.1 IAC 3X33 MIMO Lifetime 2022 ACCESS POINT' Warranty EXTERNAL ANTENNA Wing (EU SKU). THE ANTENNAS ON AP 7532 EXTERNAL ANTENNA SKU ARE DIP LEX ANTENNA PORTS. AP 7532 EXTERNAL SKU REQUIRES 3 DUAL BANDED AP -7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 67040 -US Wireless 802.1 1AC AP EXTANT 802.1 IAC AP EXT ANT Lifetime US us Warranty Wing AP -7532- WiNG AP7532 DUAL I IAC AP 7532 DUAL RADIO Limited 67040 -US -B Wireless 3X33 MIMO EXT ANT US 802.1 IAC 3X33 MIMO Lifetime ACCESS POINT Warranty EXTERNAL ANTENNA Wing (US SKU). THE ANTENNAS ON AP 7532 EXTERNAL ANTENNA SKU ARE DIPLEX ANTENNA PORTS. AP 7532 EXTERNAL SKU REQUIRES 3 DEAL BANDED INCL IN KIT IS AN AP 7532 BEAM CLIP AP -7532- WiNG AP 7532 INDOOR AP 7532 INDOOR Limited 07/28/ 67040 -WR Wireless 802,11AC AP EXTANT 802.1 IAC AP EXT ANT Lifetime 2023 WR WR Warranty Wing Attachment D Page 270 of 471 Page 618 of 1147 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 EXT ANT 802.1 IAC 3X33 MIMO Lifetime 2022 WR ACCESS POINT Warranty EXTERNAL ANTENNA Wing (WR SKU). THE ANTENNAS ON AP 7532 EXTERNAL ANTENNA SKU ARE DIP LEX ANTENNA PORTS. AP 7532 EXTERNAL SKU REQUIRES 3 DUAL BANDED. INCLUDED IN KIT IS AN AP 7532 BEAM CLIP AP -7562- WiNG AP7562 OUTDOOR AP 7562 DUAL RADIO I Year 670042-1- Wireless MIMO ANT INSTALLED 802.1 IAC 3X33 MIMO Warranty WR WR OUTDOOR ACCESS Wing POINT ANTENNA INSTALLED AT FACTORY WR Extreme AP -7562- WiNG AP7562 DUAL RADIO AP 7562 DUAL RADIO I Year 04/02/ 670042APM Wireless 802.1 1AC 3X33MIMO 802.1 IAC 3X33 MIMO Warranty 2023 E OUT OUTDOOR ACCESS Wing POINT' ANTENNA (APME REGION) ANTENNA INSTALLED ATFACTORY AP -7562- WiNG AP7562 OUTDOOR AP 7562 DUAL RADIO I Year 07/28/ 670042 -EU Wireless MIMO ANT INSTALLED 802.1 IAC 3X33 MIMO Warranty 2023 EU OUTDOOR ACCESS Wing POINT ANTENNA INSTALLED AT FACTORY EU AP -7562- WiNG AP7562 OUTDOOR AP 7562 DUAL RADIO I Year 670042 -IL Wireless MIMO ANTINSTALLED 802.1 IAC 3X33 MIMO Warranty IL OUTDOOR ACCESS Wing POINT ANTENNA INSTALLED AT FACTORY IL (ISRAEL) AP -7562- WiNG AP7562 OUTDOOR AP 7562 DUAL RADIO I Year 670042 -US Wireless MIMO ANT INSTALLED 802.1 IAC 3X33 MIMO Warranty us OUTDOOR ACCESS Wing POINT ANTENNA INSTALLED AT FACTORY US Attachment D Page 271 of 471 Page 619 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7562- WiNG AP7562 OUTDOOR AP 7562 DUAL RADIO I Year 07/28/ 670042 -WR Wireless MIMO ANT INSTALLED 802.1 IAC 3X33 MIMO Warranty 2023 WR OUTDOOR ACCESS Wing POINT ANTENNA INSTALLED AT FACTORY WR AP -7562- WiNG AP7562 802.11 AC OUT 802.1 IAC OUTDOOR I Year 67040 -1 -WR Wireless DL RADIO EXT ANT WR [P67 DUAL RADIO Warranty EXTERNAL Wing ANTENNAS WR Extreme AP -7562- WiNG AP7562 802.1 IAC OUT 802.1 IAC OUTDOOR I Year 07/28/ 67040 -EU Wireless DL RADIO EXT ANT EU IP67 DUAL RADIO Warranty 2023 EXTERNAL Wing ANTENNAS ELT AP -7562- WiNG AP7562 802.1 IAC OUT 802.1 IAC OUTDOOR I Year 67040 -US Wireless DL RADIO EXT ANT US IP67 DUAL RADIO Warranty EXTERNAL Wing ANTENNAS US AP -7562- WiNG AP7562 802.1 IAC OUT 802.1 IAC OUTDOOR I Year 07/28/ 67040 -WR Wireless DL RADIO EXTANT WR IP67 DUAL RADIO Warranty 2023 EXTERNAL Wing ANTENNAS WR AP -7562- WiNG AP7562 DUAL I IAC OUT AP 7562 DUAL RADIO I Year 6704M-1- Wireless EXTANT M 12 WR 802.1 IAC 3X33 MIMO Warranty WR OUTDOOR ACCESS Wing POINT EXTERNAL ANTENNA (WR SKU) M12 CONNECTOR VERSION Extreme AP -7562- WiNG AP7562 DUAL I IAC OUT AP 7562 DUAL RADIO I Year 07/28/ 6704M -EU Wireless EXT ANI, EU M12 802.11 AC 3X33 MIMO Warranty 2023 OUTDOOR ACCESS Wing POINT EXTERNAL ANTENNA (EU SKU) M12 CONNECTOR VERSION AP -7562- WiNG AP7562 DUAL I IAC OUT AP 7562 DUAL RADIO I Year 6704M -US Wireless EXT ANT US M12 802.1 IAC 3X33 MIMO Warranty OUTDOOR ACCESS Wing POINT EXTERNAL ANTENNA (US SKU) M 12 CONNECTOR VERSION Attachment D Page 272 of 471 Page 620 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -7562- WiNG AP7562 DUAL 802.1 IAC AP 7562 DUAL RADIO I Year 07/28/ 6704M -WR Wireless 3X33 MIMO OUT M12 802.1 IAC 3X33 MIMO Warranty 2023 OUTDOOR ACCESS Wing POINT EXTERNAL ANTENNA (WR SKU) M12 CONNECTOR VERSION AP -7602- WiNG AP7602 802.1 IAC PLATE 802.1 1AC WALLPLATE Limited 68B30 -1 -WR Wireless WEDGEINT ANT WR WEDGE AP DUAL AND Lifetime RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing INTERNAL ANTENNA IXGE(WR SKU) Extreme AP -7602- WiNG AP7602 802.11 AC PLATE 802.11 AC WALLPLATE Limited 07/28/ 681330 -EU Wireless WEDGEINT ANT EU WEDGE AP DUAL AND Lifetime 2023 RADIO IXI OR SINGLE Warranty BAND RADIO 2X2. Wing INTERNAL ANTENNA IXGE(EU SKU) AP -7602- WiNG AP7602 802.11 AC PLATE AP7602 802.11AC Limited 681330 -IL Wireless WEDGEINT ANT IL PLATE WEDGEINT Lifetime ANT Domain Israel Warranty Wing AP -7602- WiNG AP7602 802.1 IAC PLATE 802.1 1AC WALLPLATE Limited 681330 -US Wireless WEDGEINT ANT US WEDGE AP DUAL AND Lifetime RADIO I X I OR SINGLE Warranty BAND RADIO Wing 2X2.INTERNAL ANTENNAIXGE(US SKU) AP -7602- WiNG AP7602 802.11 AC PLATE 802.11 AC WALLPLATE Limited 07/28/ 68B30 -WR Wireless WEDGEINT ANT WR WEDGE AP DUAL AND Lifetime 2023 RADIO IXI OR SINGLE Warranty BAND RADIO 2X2, Wing INTERNAL ANTENNA I XGE(WR SKU) AP -7622- WiNG AP7622 8011 IAC 802.1 IAC DUAL BAND Limited 6SB30-1-WR Wireless DL/SNG INT ANT I XGE RADIO 1XI OR Lifetime WR SINGLE BAND RADIO Warranty 2X2 INTERNAL Wing ANTENNA BEE IXGE (WR SKU) Extreme AP -7622- WiNG AP7622 8011 IAC 802.1 IAC DUAL BAND Limited 07/28/ 681330 -EU Wireless DL/SNG INT ANT I XGE RADIO IXI OR Lifetime 2023 EU SINGLE BAND RADIO Attachment D Page 273 of 471 Page 621 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 274 of 471 Page 622 of 1147 2X2 INTERNAL Warranty ANTENNA BLE IXGE Wing (EU SKU) AP -7622- WING AP7622 802.1 1AC 802.1 IAC DUAL BAND Limited 68B30 -US Wireless DL/SNG INT ANT IXGE RADIO IX1 OR Lifetime LIS SINGLE BAND RADIO Warranty 2X2 INTERNAL Wing ANTENNA BEE IXGE (US SKU) AP -7622- WING AP7622 802.1 IAC 802.1 IAC DUAL BAND Limited 07/28/ 6SB30-WR Wireless D L/SNG INT ANT I XGE RADIO IXI OR Lifetime 2023 WR SINGLE BAND RADIO Warranty 2X2 INTERNAL Wing ANTENNA BEE IXGE (WR SKU) AP -7632- WING AP7632680B30TN WiNG 802.11 ac Indoor Limited 680B30 -TN Wireless Wave 2 Access Point Lifetime 2x22 Dual Radio Warranty 802.1 lac/abgn internal Wing antenna Domain Tunisia AP -8122- WING AP8122 INDOOR 802.11N AP8122 INDOOR Limited 04/13/ 66030 -EU Wireless AP INT ANT EU 802.1 IN AP INT ANT Lifetime 2022 EU Warranty Wing AP -8132- WING AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040 -EU Wireless MIMOEU MIMOEU Lifetime 2022 Warranty Wing AP -8132- WING AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040 -US Wireless MIMOUS RAMOUS Ll fetime 2022 Warranty Wing AP -8132- WING AP8132 2RADIO 3X33 AP8132 2RADIO 3X33 Limited 04/13/ 66040 -WR Wireless MIMOWR MI OMR Lifetime 2022 Warranty Wing AP -8163- WING AP8163 OUTDOOR AP8163 OUTDOOR I Year 66540 -1 -WR Wireless 802.1 IN AP EXTWIPS 802.1 IN AP EXTERNAL Warranty WR ANTENNAWIPS WR Wing Extreme AP -8163- WING AP8163 OUTDOOR AP8163 OUTDOOR I Year 07/28/ 66540 -EU Wireless 802.11N AP EXTWIPS EU 802.11N AP EXTWIPS Warranty 2023 EU Wing AP -8163- WING AP8163 OUTDOOR AP8163 OUTDOOR I Year 66540 -US Wireless 802.11N AP EXTWIPS US 802.11N AP EXTWIPS Warranty us Wing Attachment D Page 274 of 471 Page 622 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8163- WING AP8163 OUTDOOR AP8163 OUTDOOR I Year 07/28/ 66540 -WR Wireless 402.11N AP EXTWIPS 402.11N AP EXTWIPS Warranty 2023 WR WR Wing AP -8232- WiNG AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040 -EU Wireless 2RAD EXT ANT EU 2RAD EXT ANT EU Lifetime 2022 Warranty Wing AP -8232- WING AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040 -US Wireless 21ZAD EXTANT US 2RAD EXT ALIT US Lifetime 2022 Warranty Wing AP -8232- WING AP8232802.1 IAC INDEP AP8232802.1 IAC INDEP Limited 04/13/ 67040 -WR Wireless 21ZAD EXTANT WR 21ZAD EXT ANT WR Lifetime 2022 Warranty Wing AP -8432- WING AP8432 I IAC DUAL INT AP8432 802,11AC Limited 640 30-1- Wireless ANT2GPOE WR MUMIMODUAL RADIO Lifetime WR BAND UNLOCKED Warranty ISLE INTERNAL Wing ANTENNA POE OUT USB 2GE WR Extreme AP -8432- WING AP843 802.1 IAC DL INT 802.1 IAC Limited 07/28/ 680B30 -EU Wireless ANT2GPOE ELF MUMIMODUAL RADIO Lifetime 2023 BAND UNLOCKED Warranty BLE INTERNAL Wing ANTENNA POE OUT USB 2GE INTERNAL ANTENNA EU AP -8432- WING AP8432 I IAC DUAL INT 802.1 IAC WAVE2DUAL Limited 6801330 -US Wireless ANT 2GPOE US RADIO BAND Lifetime UNLOCKED BLE Warranty INTERNAL ANTENNA Wing POE OUT USB 2GE INTERNAL ANTENNA us AP -8432- WING AP843 8011 IAC DL INT 802.1 IAC Limited 07/28/ 680B30 -WR Wireless ANT2GPOE WR MUMIMODUAL RADIO Lifetime 2023 BAND UNLOCKED Warranty ISLE INTERNAL Wing ANTENNA POE OUT USB 2GEINTERNAL ANTENNA WR AP -8533- WiNG AP8533 TRI RADIO IIAC AP8533 402.1 lac Limited 68SB30-1 - Wireless INT ANT 2XGE WR MUMIMO TRI RADIO Lifetime WR INTERNAL ANTENNA Warranty 2XGE WR Extreme Wing Attachment D Page 275 of 471 Page 623 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8533- WING AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 07/28/ 68SB30-EU Wireless INT ANT 2XGE EU 802.1 IAC MUMIMO Lifetime 2023 ACCESS POINT Warranty DEDICATED SENSOR Wing BLEINTERNAL, ANTENNA 2XGE EU VERSION AP -8533- WING AP8533 TRI RADIO I IAC AP8533 402.1 lac Limited 68SB30-IL Wireless INT ANT 2XGE IL MUMIMO TRI Lifetime RADIOINTERNAL Warranty ANTENNA 2XGE IL Wing Extreme AP -8533- WING AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 68SB30-US Wireless INT ANT 2XGE US 802.1 1AC MUMIMO Lifetime ACCESS POINT Warranty DEDICATED SENSOR Wing BLEINTERNAL ANTENNA 2XGE US VERSION AP -8533- WING AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 07/28/ 68SB30-WR Wireless INT ANT 2XGE WR 802.1 IAC MUMIMO Lifetime 2023 ACCESS POINT Warranty DEDICATED SENSOR Wing ISLE INTERNAL ANTENNA 2XGE INTERNATIONAL VERION WR AP -8533- WING AP8533 TRI RADIO I IAC AP8533 402.1 lac Limited 6 8 SB40-1 - Wireless EXT ANT 2XGE WR MUMIMO TRI RADIO Lifetime WR EXTERNAL ANTENNA Warranty 2XGE WR Extreme Wing AP -8533- WING AP4533 TRI RADIO I I AC AP8533 TRI RADIO Limited 07/28/ 68SB40-EU Wireless EXT ANT 2XGE EU 802.1 ]AC. MUMIMO Lifetime 2023 ACCESS POINT Warranty DEDICATED SENSOR Wing BEE EXTERNAL ANTENNA 2XGE EU VERSION AP -8533- WING AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 68SB40-US Wireless EXT ANT 2XGE US 802.1 IAC MUMIMO Lifetime ACCESS POINT Warranty DEDICATED SENSOR Wing BLE EXTERNAL ANTENNA 2XGE US VERSION Attachment D Page 276 of 471 Page 624 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. AP -8533- WING AP8533 TRI RADIO I IAC AP8533 TRI RADIO Limited 07/28/ 68SB40-WR Wireless EXTANT 2XGE WR 802.1 IAC MUMIMO Lifetime 2023 ACCESS POINT Warranty DEDICATED SENSOR Wing BLEEXTERNAL ANTED 2XGE INTERNATIONAL VERION WR AP-PSBIAS- WING OUTDOOR POE OUTDOOR IP66 I Year 7161 -US Wireless INJECTOR US 802.3AT GIGABIT Warranty ETHERNET POWER Wing INJECTOR 100240 VAC us 13501I24-24 Fixed L2 B5 STK 24X3SPD+4SFP B5 STK 24X3SPD+4SFP Limited 06/30/ Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5GI24-24- Fixed L2 I35 STK: 135 STIP Limited 06/30/ G 24X3SPD+4SFPTAA 24X3SPD+4SFPTAA Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 13501124- Fixed L2 135 STK B5 STK Limited 06/30/ 24P2 24X3SPDATPOE+4SFP 24X3SPDATPOE+4SFP Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 135GI24- Fixed L2 I35 STK B5 STK Limited 06/30/ 24P2 -C1 24X3SPDATPOE+4SFP'f' 24X3SPDATPOE+4SFPT Lifetime 2022 AA AA Warranty with express Advanced Attachment D Page 277 of 471 Page 625 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 278 of 471 Page 626 of 1147 hardware Replacem ent-2 135GI24-48 Fixed L2 135 STK 48X3SPD+4SFP 135 STK 48X3SPD+4SFP Limited 06/30/ Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5G124-48- Fixed L2 135 STK B5 STK Limited 06/30/ G 48X3SPD+4SFPTAA 48X3SPD+4SFPTAA Lifetime 2022 Warranty with express Advanced I lardware Replacern ent-2 135GI24- Fixed L2 135 STK B5 STK Limited 06/30/ 4SP2 48X3SPDATPOE+4SFP 48X3SPDATPOE+4SFP Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5G124- Fixed L2 B5 SIX 135 STK Limited 06/30/ 4SP2-G 48X3SPDATPOE+4SFPT 48X3SPDATPOE+4SFPT Lifetime 2022 AA AA Warranty with express Advanced hardware Replacern ent-2 B5KI25-24 Fixed L2 B5 STT 135 STK Limited 06/30/ 24X3SPD+2SFPPLUS 24X3SPD+2SFPPLUS Lifetime 2022 Warranty with express Advanced Hardware Attachment D Page 278 of 471 Page 626 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 279 of 471 Page 627 of 1147 Replacem ent-2 B5KI25-24- Fixed L2 B5 STK B5 STK Limited 06/30/ G 24X3SPD+2SFPPLUSTAA 24X3SPD+2SFPPLUSTA Lifetime 2022 A Warranty with express Advanced I lardware Replacem ent-2 B5KI25- Fixed L2 B5 STK B5 STK Limited 06/30/ 24P2 24X3SI'DATPOE+2SFPPL 24X3SPDA'I'POE+2SFPP Lifetime 2022 us LUS Warranty with express Advanced Hardware Replacern ent-2 B5KI25- Fixed L2 B5 STK B5 STK Limited 06/30/ 24P2 -G 24X3SPDATPOE+2SFPPL 24X3SPDATPOE+2SFPP Lifetime 2022 USTAA LUSTAA Warranty with express Advanced Hardware Replacern ent-2 B5K125-48 Fixed L2 B5 STK B5 STK Limited 06/30/ 48X3SPD+2SFPPLUS 48X3SPD+2SFPPLUS Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 B5K125-48- Fixed L2 B5 STK B5 STK Limited 06/30/ G 48X3SPD+2SFPPLUSTAA 48X3SPD+2SFPPLUSTA Lifetime 2022 A Warranty with express Advanced Hardware Attachment D Page 279 of 471 Page 627 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 280 of 471 Page 628 of 1147 Replacem ent-2 B5KI25- Fixed L2 B5 STK E5 STK Limited 06/30/ 4SP2 48X3SPD+2SFPPLUS 48X3SPD+2SFPPLUS Lifetime 2022 Warranty with express Advanced I lardware Replacem ent-2 B5KI25- Fixed L2 B5 STK B5 STK Limited 06/30/ 48P2 -G 48X3SIID+2SFPPLUSTAA 48X3SPD+2SFPPLUS'PA Lifetime 2022 A Warranty with express Advanced Hardware Replacern ent-2 B5K-24- Fixed L2 QTY 8 BUNDLE OF Limited 06/30/ BUN B5KI2524 Lifetime 2020 Warranty with express Advanced Hardware Replacern ent B5K-48- Fixed L2 QTY 8 BUNDLE OF Limited 06/30/ BUN B5K 12548 Lifetime 2020 Warranty with express Advanced Hardware Replacem ent R-6910- SRA 12 P GE COMBONO AC Brocade 691012 x I GbE I Year 02/28/ EAS -FI -AC POWER CORD90TO260V combination copper Warranty 2023 10/ 10011 000 BaseT (RJ45)OR 100/1000 BaseX SFP portsredundant AC power supplytemperature hardened Attachment D Page 280 of 471 Page 628 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -6910- SRA 12 P GE COMBO W/ Brocade 691012 x I GbE I Year 02/28/ EAS- -LSC DUAL DC POWER combination copper Warranty 2023 20TO60V 10/100/1000 BaseT (RJ45)OR 100/1000 BaseX SFP portsrectundant DC power supplytemperature hardened BR -BFO- SRA BFO APPLICATION 2000 Brocade Flow Optu-nizer Software ERG PERPETUAL Application Perpetual Warranty License for up to 2006 traffic management capability BR -BFO- SRA BFO APPLICATION 20G Brocade Flow Optimizer Software SME PERPETUAL Application Perpetual Warranty License for up to 20G traffic management capabi ity. BR -CER- SRA CER 2024C4XRTI 500W Brocade CER2024C4XRT I Year 2024C -4X- ACBASE SW includes24 RJ45 portsof Warranty RT -AC 10/100/1000Mbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of I OGigabit Ethernet SFP+ 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024C4XRT1 500W Brocade CER2024C4XRT I Year 20240-4X- DCBASE SW includes24 RJ45 portsof Warranty RT -DC 10/100/1000Mbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of I OGigabit Ethernet SFP+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CER- SRA CER 2024F4XRTI 500W Brocade CER2024F4XRT I Year 2024F -4X- ACBASE SW includes24 SFP ports of Warranty RT -AC 100/1000Mbps Ethernet with 4 combination Attachment D Page 281 of 471 Page 629 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 282 of 471 Page 630 of 1147 RJ45/SFPGigabit Ethernet with 4 fixedports of 10GIgabit Ethernet SFP+ 500W AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CER- SPA CER 2024F4XRTI 50OW Brocade CER2024F4XRT I Year 2024F -4X- DCBASE SW includes24 SFP ports of Warranty RT -DC 100/1000Mbps Ethernet with 4 combination RJ45/SFPGigabit Ethernet with 4 fixedports of IOGigabit Ethernet SFP+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024C4XI 500W 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 SFP+ 50OW AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CES- SPA 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 10GIgabit Ethernet SFP+ 50OW DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BR -CES- SPA CES 2024F4XI 50OW Brocade CES 2024F4X I Year 10/27/ 2024F -4X- ACBASE SW includes 24 SFP ports of Warranty 2023 AC 100/1000 Mbps Ethernet with 4 combination RJ45/SFP Gigabit Attachment D Page 282 of 471 Page 630 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 283 of 471 Page 631 of 1147 Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SFP+ 500W AC power supply (RPS9) and BASE software. Uses XNICE2000FAN BR -CES- SRA CES 2024174XI 500W Brocade CES 2024F4X I Year 10/27/ 2024F -4X- DCBASE SW includes 24 SFP ports of Warranty 2023 DC 100/1000 Kbps Ethernet with 4 combination RJ45/SFP Gigabit Ethernet ports 4 fixed ports of 10 Gigabit Ethernet SFP+ 500W DC power supply (RPS9DC) and BASE software. Uses XNICE2000FAN BRKT- WING BEAM CLIP for Mounting BEAM CLIP for I Month 000147A-01 Wireless Plate Mounting Plate Warranty Wing BRKT- WING AP75327522 BRCKT AP 7532 AP 7522 1 Month 000167A-01 Wireless ADAPTER WALL BRACKET ADAPTER Warranty MOUNT FOR WALL MOUNT Wing BR -MLX- SRA MLXE IPORT IOOGBE 100GbE 1port module Software IOOGXI- LIC UPG TO 2PORT license upgrade TO 2ports Warranty 2PUPG ON a MLXe BR -MLX- SRA MLX 2PORT I OOGBE (M) Brocade MLXe two I Year 1000X2- CFP2 MODULE. SUPP (2)port I OOGbE (M) Warranty CFP2-M module with lPv4/[Pv6/MPLS hardware support. Requires CFP2 optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MLX- SRA MLX 2PORT 100013E Brocade MLXe two I Year I000X2- (X2) CFP2 MODULE, SUP (2)port I00GbE (X2) Warranty CFP2-X2 module with [Pv4/[Pv6/MPLS 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 631 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 284 of 471 Page 632 of 1147 in FIB. Requires high speed switch fabric module BR -MLX- SRA MLXE I OPORT MLX SOFTWARE Software 10GX10- I G B E/ I OGBE LIC UPG LICENSE TO UPGRADE Warranty 20PUPG TO 20P FROM 10 PORT (X2) TO 20 PORT 100E/ICF COMBO MODULE. BR -MLX- SRA I0XI/10GESFP+ BLADE MLX IOPORT I Year 1001X10 -X2 X2 IOGBE/IGBE (X2) SFP+ Warranty AND SFP COMBO MODULE WITH EXTENDED ROUTE TABLE SUPPORT UP TO 2M IPV4 AND 800K IPV6 ROUTES IN HARDWARE. MACSEC ENABLED. UPGRADEABLE TO 20XI0GX2 USING ADDITIONAL SOFTWARE LICENSE. BR -MLX- SRA MLX 20PORT Brocade MLXe twenty I Year I00X20-M IOGBE/IGBE (M) (20)port IOGBE/IGBE Warranty COMBO MODULE (M) combo module with [Pv4/[Pv6/MPLS hardware support. Requires SFP+ and SFP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MLX- SRA MLX 20PORT Brocade MLXe twenty I Year 100X20 -X2 I OGBE/ I GBE (X2) (20)port IOGBE/IGBE Warranty COMBO MODUE (X2) combo module with lPv4/lPv6/MPLS hardware support. Requires SFP+ and SFP optics. Supports simultaneous 2M IPv4 and 0.8M 1Pv6 or simultaneous 1.5M IPv4 and IM IPv6 routes in FIB. Requires hSFM. Attachment D Page 284 of 471 Page 632 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MLX- SRA MLX 24PORT IOGBE Brocade MLXe twenty I Year 10/27/ IOGX24-DM MODULEW/MPLS four (24)port IOGbE Warranty 2023 SUPPORT (DM) module with lPv4/lPv6/MPLS capabilities. Requires SFPP optics. Supports 256K IPv4 routes in FIB. BR -MLX- SRA MLX 4PORT IOGBE AND Brocade MLXe eight port I Year I OGX4- 4PORT 1GBE (M) IP (4port IOGBE and 4port Warranty IPSEC-M IGBE) (M) IP Security (IPSEC) module with [Pv4/[Pv6/VRF hardware support. Requires SFP+ and SFP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR -MLX- SRA XMR/MLXE 4PORT XMR/MLXe four (4)port I Year 10/27/ 1 OGX4-X IOGBE (X) XFP MODULE IOGbE (X) module with Warranty 2023 lPv4/lPv6/MPLS hardware supportrequires XFP optics. Supports IM IPv4 routes in FIB. BR -MLX- SRA XMR/MLXE 4PORT MLX/MLXe four (4)port I Year 10/27/ 1 OGX4-X- IOGBE (ML) XFP 10GbE (ME) module with Warranty 2023 ML MODULE [Pv4/[Pv6/MPLS hardware supportrequires XFP optics. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MLX- SRA MLX 4PORT 1 0G13 E MLX 4PORT IOGBE Software IOGX4- LICENSE UPGD TO (X) LICENSE UPGD TO (X) Warranty XUPG BR -MLX- SRA XMR/MLXE SPORT MLXe/XMR eight (S)port I Year 10/27/ IOGXS-X IOGBE (X) SFPP I OGbE (X) module with Warranty 2023 MODULE [Pv4/[Pv6/MPLS hardware supportrequires SFPP optics. Supports IM IPv4 routes in FIB. Requires high speed switch fabric modules. BR -MLX- SRA XMR/MLXE 24PORT XMR/MLXE 24port I Year IGCX24-X IGBE(X)COPPER I GbE (X) Copper (RJ45) Warranty MODULE Attachment D Page 285 of 471 Page 633 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 286 of 471 Page 634 of 1147 Module, Supports IM IPv4 routes in FIB. BR -MLX- SRA MLX/MLXE 24PORT MLX/MLXE 24port I Year IGCX24-X- I GBE (ML) COPPER I GbE (ME) Copper Warranty ML MODUL (RJ45) Module. Supports 512K IPv4 routes in FIB. License Upgradeable to X scalability (IM IPv4 routes in FIB), BR -MLX- SRA XMR/MLXE 24PORT XMR/MLXE 24port I Year I GFX24-X IGBE (X) SFP MODULE I GbE (X) Fiber (SFP) Warranty Module. Supports 1M IPv4 routes in FIB. BR -MLX- SRA MLX/MLXE 24PORT MLX/MLXE 24port I Year I GFX24-X- I GBE (ML) SFP I GbE (ML) Fiber (SFP) Warranty ME MODULE Module. Supports 512K IPv4 routes in FIB, License Upgradeable to X scalability (IM IPv4 routes in FIB). BR -MLX- SRA MLX 20PORT I GBE (M) Brocade MLXe twenty I Year I GX20- MODULE (20)port I GBE/ I GB E (M) Warranty UIOG-M module with [Pv4/[Pv6/MPLS hardware support. Requires SFP optics, Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules. Upgradeable to I OG with BRMLX I GX20U I OGMU PG license. BR -MLX- SRA MLXE 20PRT(M)IOGRE MLXe 20PORT (M) 10 Software 10X20- LIC UPG I I OGRE Gigabit Ethernet license to Warranty U I OG- upgrade from 1 G13 E TO MUPG I GBE/ I OGBE combo port BR -MLX- SRA MLX 20PORT 1G E (X2) Brocade MLXe twenty I Year IGX20- MODULE (20)port IGBE (X2) Warranty U10G-X2 module with lPv4/lPv6/MPLS hardware support. Requires SFP optics. Supports simultaneous 2M IPv4 and 0.8M IPv6 or 1.5M IPv4 and IM Attachment D Page 286 of 471 Page 634 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 287 of 471 Page 635 of 1147 IPv6 routes in FIB, Requires hSFM. Upgradeable to I OG with extra license. BR -MLX- SRA MLXE 20PRT'(X2)IOGBE MLXe 20PORT (X2) 10 Software I GX20- LICUPG TO 110/GEE Gigabit Ethernet license to Warranty UIOG- upgrade from I GBE To X2UPG IGBE/IOGBE combo port BR -MLX- SRA MLX 24PORT I GBE MLX/MLXE 24PORT Software 10X24- LICENSE UPGRADE TO IGBE LICENSE Warranty XUPG (X) UPGRADE TO (X) BR -MLX- SRA MLXE/MLX GEN2 MLXe/MLX Gent I Year 32-MR2-M MANAGEMENT (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 2GB card RS232 serial console port and 10/100/1000 Ethernet port for management BR -MLX- SRA MLXE/MLX GEN2 MLXe/MLX Gent I Year 32-MR2-X MANAGEMENT(X) management (X) module Warranty MODULEFOR for 32slot systems. Includes 4 GB RAM I internal compact flash drive (2GB) I external compact flash slot with included 2GB card RS232 serial console port and 10/100/1000 Ethernet port for management BR -MLX- SRA MLX 4PORT 40GBE (M) Brocade MLXe four I Year 40GX4-M QSFP+ MODULE. SUPP (4)port 40GbE (M) Warranty module with IPv4/IPv6/MPLS hardware support requires QSFP+ optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules BR-MLXE- SRA MLXE16 EXHAUST FAN MLXe16 exhaust fan I Year 16 -FAN ASSEMBLY KIT asse mbly kit Warranty BR-MLXE- SRA MLXE16 AIR FILTER MLXe16 air filter I Year 16-FLTR Warranty Attachment D Page 287 of 471 Page 635 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-MLXE- SRA MLXE16 3 FISP 4 180OW Brocade MLXe 16 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 1 NOW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-MLXE- SRA MLXE16 3 HSF 4 1800W Brocade MLXe 16 DC I Year 16-MR2-M- DC 1 MR2 (M) MG system with I MR2 (M) Warranty DC management module 3 high speed switch fabric modules 4 1 NOW DC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-MLXE- SRA MLXE16 3 FISP 4 180OW Brocade MLXe 16 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 1 NOW AC power supplies 2 exhaust fan assembly kits and air filter. Power cord not included BR-MLXE- SRA MLXE16 3 HSF 4 1800W Brocade MLXe 16 DC I Year 16-MR2-X- DC 1 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-MLXE- SRA SPARE MLXE16 Spare MLXe16 chassis I Year 16-S CHASSIS with 2 exhaust fan Warranty assembly kits and air filter BR-MLXE- SRA 32SLOT NETIRON 32slot Netlron I Year 32-ACPWR- MLXE/XMR/MLX AC MLXe/XMR/MLX AC Warranty 3000 300OW PS 300OW power supply BR-MLXE- SRA 32SLOT NETIRON 32slot Neth -on I Year 32-DCPWR- N4LXE/XMR/MLX DC MLXe/XMR/MLX DC Warranty 3000 300OW PS 300OW power supply Attachment D Page 288 of 471 Page 636 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-MLXE- SRA MLXE32 EXHAUST FAN MLXe32 exhaust fan I Year 32 -FAN ASSEMBLY KIT Warranty BR-MLXE- SRA UPWARD DEFLECTOR MLXe32 / MLX32/ I Year 32 -FAN- FOR 32SLOT SYSTEM XMR32000 upward fan Warranty DEFLECT O FAN deflector for 32slot R chassis exhaust fans. Directs air exhaust upwards. I deflector per exhaust fan. BR-MLXE- SRA MLXE32 AIR FILTERS 2 MLXe32 air filters 2 filter I Year 32 -FL TR FILTER KIT kit Warranty BR-MLXE- SRA MLXE32 7 HSF 4 300OW Brocade MLXe32 AC I Year 32-MR2-M- AC 1 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-MLXE- SRA MLXE32 7 HSF 4 300OW Brocade MLXe32 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 300OW DC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR-MLXE- SRA MLXE32 7 HSF 4 300OW Brocade MLXe32 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 300OW AC power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR-MLXE- SRA MLXE32 7 HSF 4 300OW Brocade MLXe32 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 300OW DC Attachment D Page 289 of 471 Page 637 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 290 of 471 Page 638 of 1147 power supplies 2 power supply fans 8 exhaust fans 2 air filters and cable management system. Power cord not included BR-MLXE- SRA SPARE MLXE32 Spare MLXe32 chassis I Year 32-S CHASSIS with 2 power supply fans Warranty 8 exhaust fans and 2 air filters. ters. BR-MLXE- SRA MLXE4 EXHAUST FAN MLXe4 exhaust fan I Year 4 -FAN ASSEMBLY KIT assembly kit Warranty BR-MLXE- SRA MLXE4 AIR FILTER MLXe4 air filter I Year 4-FLTR Warranty BR-MLXE- SRA MLXE4 2 HSF I 1800W Brocade MLXe4 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-MLXE- SRA MLXE4 2 HSF I I NOW Brocade MLXe4 DC I Year 4-MR2-M- DC 1 MR2 (M) MGM system with I MR2 (M) Warranty DC management module 2 high speed switch fabric modules I I NOW DC power supply 4 exhaust fan assembly kits and air filter, Power cord not included. BR-MLXE- SRA MLXE4 2 HSF I 180OW Brocade MLXe4 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-MLXE- SRA MLXE4 2 HSF I I NOW Brocade MLXe4 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 638 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 291 of 471 Page 639 of 1147 fan assembly kits and air filter. Power cord not included. BR-MLXE- SRA SPARE MLXE4 CHASSIS Spare MLXe4 chassis I Year 4-S with 4 exhaust fan Warranty assembly kits and air filter BR-MLXE- SRA MLXE8EXIIAUSTFAIL MLXe8 exhaust fan I Year 8 -FAN ASSEMBLY KIT assembly kit Warranty BR-MLXE- SRA MLXE8 AIR FILTER MLXe8 air filter I Year 8 -FL TR Warranty BR-MLXE- SRA MLXE8 2 HSF 2 1 NOW Brocade MLXe8 AC I Year 8-MR2-M- AC 1 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-MLXE- SRA MLXE8 2 HSF 2 1800W Brocade MLXe8 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 Can assembly kits and air filter. Power cord not included BR-MLXE- SRA MLXE8 2 HSF 2 1800W Brocade MLXe8 AC I Year 8-MR2-X- AC 1 MR2 (X) MGM system with I MR2 (X) Warranty AC management module 2 high speed switch fabric modules 2 1800W AC power Supplies 2 exhaust fan assembly kits and air filter, Power cord not included BR-MLXE- SRA MLXE8 2 HSF 2 1800W Brocade MLXe8 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 Can assembly kits and air filter. Power cord not included Attachment D Page 291 of 471 Page 639 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-MLXE- SRA SPARE MLXE8 CHASSIS Spare MLXe8 chassis I Year 8-S with 2 exhaust fan Warranty assembly kits and air filter BR-MLXE- SRA 16/8/4SLOT 16 8 and 4slot MLXe and I Year ACPWR- MLXE16/8SLOT 16 and 8Slot XMR/MLX Warranty 1800 XMR/MLX AC 18 AC 180OW power supply BR-MLXE- SRA 16/8/4SLOT 16 8 and 4slot MLXe and I Year DCPWR- MLXE16/8SLOT 16 and 8Slot ot XMR/MLX Warranty 1800 XMR/MLX DC 18 DC 180O power supply BR-MLXE- SRA MLXE4 HSFAC MR2 Brocade MLXe4 AC I Year ENT -4- FANSFILTER enterprise switch system Warranty MR2-M-AC with I MR2 (M) management module 2 high speed switch fabric modules I I 90OW AC power supply 4 exhaust fan assembly kits and air filter. Power cord not included. BR-MLXE- SRA MLXE8 HSFAC MR2 Brocade MLXe8 AC I Year ENT -8- FANSFILTER enterprise switch system Warranty MR2-M-AC with I MR2 (M) management module 2 high speed switch fabric modules 2 1800W AC power supply 2 exhaust fan assembly kits and air filter. Power cord not Included, BR -MLX- SRA MLXE/MLX GEN2 MLXE/MLX GEN2 I Year MR2-M MANAGEMENT (M) MANAGEMENT (M) Warranty MODULEFOR MODULE FOR 4 8 AND 16SLOT SYSTEMS. INCLUDES 4 G13 RAM I INTERNAL COMPACT FLASH DRIVE (2GB) I EXTERNAL COMPACT FLASH SLOT WITH INCLUDED 2GB CARD RS232 SERIAL CONSOLE PORT AND 10/100/1000 ETHERNET PORT FOR MANAGEMENT Attachment D Page 292 of 471 Page 640 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR -MLX- SRA MLXE/XMR GEN2 MLXe/XMR Gen2 I Year MR2-X MANAGEMENT (X) management (X) module Warranty MODULE FOR for 4 8 and I 6slot systems. Includes 4 G13 RAM I internal compact flash drive (2GB) I external compact flash slot with included 2GI3 card RS232 serial console port and 101100/1000 Ethernet port for management BR- SPA IP ADD ON LICENSE 10 Adds MPLS management Software 11/20/ NTWADV- MPLS to 10 devices licensed for Warranty 2020 MPLS- 10 ENNTWADVIP or BRNTWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is reqaired. BR- SRA IP ADD ON LICENSE 25 Adds MPLS management Software 11/20/ NTWADV- MPLS to 25 devices licensed for Warranty 2020 MPLS-25 ENNTWADVIP or BRNTWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is required. BR- SPA IP ADD ON LICENSE 50 Adds MPLS management Software 11/20/ NTWADV- MPLS to 50 devices licensed for Warranty 2020 MPLS-50 ENNTWADVIP or BRNTWADVIP Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is reqaired. BR-NVA- SPA VISIBILITY MANAGER VISIBILITY MANAGER Software BVM-I LICENSE FOR I DEVICE LICENSE FOR I Warranty DEVICE. Perpetual Visibility Manager license for up to I device. Attachment D Page 293 of 471 Page 641 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-NVA- SRA GTP CORRELATION SDN controller module Software GCC MODULEFOR for the MLXe Network Warranty OFFLOADWHIT Packet Broker platform. Performs GTP Correlation and other control functions to dynamically reprogram outbound flows from MLXe. BR -DIVA- SRA INFOSIM STABLE NET Ii FOSIM STABLE NET Software INFOSIM-1 LICENSE FOR I DEVICE LICENSE FOR I Warranty DEVICE, Perpetual Imbsim StableNet license for up to I device with 250 measurements. BR-NVA-SD SRA SESSION DIRECTOR SESSION DIRECTOR Software WITH EXPERT WITH EXPERT Warranty FEATURES FEATURES. Perpetual license for up to 40 Gbps of traffic with 10 million subscribers (I1v1S1s) and 25 million sessions. BR-NVA- SPA SESSION Brocade Session Director Software SD71 00-P- DIRECTORFEAT (SD) 7100 feature bundle Warranty 01 BNDL710OPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SD8I 00-P- DIRECTORFEAT (SD) 8100 feature bundle Warranty 01 BNDL8 I OOPERP LIC perpetual license for 40 Gbps of total traffic. BR-NVA- SPA SESSION Brocade Session Director Software SD8200-P- DIRECTORFEAT (SD) 8200 feature bundle Warranty 01 BNDL820OPERP LIC perpetual license for 40 Cab of total traffic. BR-NVA- SRA SESSION Brocade Session Director Software SD9 1 00-P- DITORFEAT (SD) 9 100 feature bundle Warranty 01 BNDL91 OOPS 7P LIC perpetual license for 40 Orb of total traffic. BR-NVA- SRA ANALYSIS ENGINE AND Analytics Engine within Software VACS Ul FOR REPORTS AND A the Vistapointe Analytics Warranty suite, Receives processed traffic metadata from v1PE probes computes metrics and KPIs. The vVID reporting engine and ASE SDN engine (for third art integration) are Attachment D Page 294 of 471 Page 642 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 295 of 471 Page 643 of 1147 both contained within this SKU BR-NVA- SRA PROTOCOL DECODER v1PE is the probing Software VIPE-DIA FOR DIAMETER BASED platform within the Warranty INTE Vistapointe analytics Suite. vIPEDIA is the Diameter probe which extracts decodes and reduces Diameter traffic for processing by the Analytics engine (vACE). BR-NVA- SRA PROTOCOL DECODER v1PE is the probing Software VIPE-GI FOR SGI AND GI platform within the Warranty INTERFAC Vistapointe analytics suite, vIPEGi is the GI/SGi 1P traffic probe which extracts decodes and reduces G1 traffic for processing by the Analytics engine (vACE), BR-NVA- SRA PROTOCOL DECODER vlPE is the probing Software VIDE -CTP FOR GTP VI AND V2 platform within the Warranty INTER Vistapointe analytics suite. vIPEGTP is the GTP v1 and v2 protocol probe (for GTPu and GTPc traffic) which extracts decodes and reduces GTP traffic for processing by the Analytics engine (vACE). BR-NVA- SRA VIRTUAL BROKER ADV Brocade NVA Virtual Software VPB-AP1 PERPETUAL LICENSE Packet Broker Warranty (vPB)Advanced feature bundle (also includes Basic feature s)perpetual License aggregating up to 25 TAP end points BR-NVA- SRA VIRTUAL BROKER Brocade NVA Virtual Software VPB-BP1 BASIC PERPETUAL Packet Broker (vPB)Basic Warranty LICENSE feature bundleperpetual License aggregating up to 25 TAP end points Attachment D Page 295 of 471 Page 643 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-NVA- SRA VIRTUAL TAP ADV 25 Brocade NVA Virtual Software VTAP- PERPETUAL LICENSE TAP (vTAP)Advanced Warranty AP125 feature b Lind] e(Incl udes Basic Feature s)perpetual 25 instance License BR-NVA- SRA VIRTUAL TAP BASIC 25 Brocade NVA Virtual Software VTAP- PERPETUAL LICENSE TAP (vTAP)Basic feature Warranty BP 125 bundleperpetual 25 instance License BR-SLX- SRA 48X25GE+6XI00GE Brocade SEX 914048V I Year 9140-48V- SWITCH AC FB Switch AC with Front to Warranty AC -F AIRFLOW Back airflow (Portside to nonport side airflow) 48x25GE/IOGE/IGE + 6xlOOGE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA 48X250 E+6XI00GE Brocade SEX 914048V I Year 9140-48V- SWITCH AC BF Switch AC with Back to Warranty AGR AIRFLOW Front airflow (Nonportside to port side airflow) 48x25GE/IOGE/IGE + 6xlOOGE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA 48X250 E+6X1 OOGE Brocade SEX 914048V I Year 9140-48V- SWITCH DC F13 Switch DC with Front to Warranty DC -F AIRFLOW Back airflow (Portside to nonport side airflow) 48x25GE/I OGE/IGE + 6xlOOGE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA 48X25GE+6XI00GE Brocade SEX 914048V I Year 9140-48V- SWITCH DC BF Switch DC with Back to Warranty DC -R AIRFLOW Front airflow (Nonportside to port side airflow) 48x25GE/ I OGE/I GE + 6xIOOGE/40GE. (1+1) redundant power supplies Attachment D Page 296 of 471 Page 644 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 297 of 471 Page 645 of 1147 and (4+1) redundant fans included. BR-SLX- SRA S/WADVANCED Advanced Feature License Software 9140 -ADV- FEATURE LICENSE Warranty LIC -P BR-SLX- SRA 32XI00GE SWITCH NO Brocade SLX 9240320 I Year 9240-32C FAN/PS Switch, No Fans/Power Warranty supplies included. 32x100GE/40GE. BR-SLX- SRA 32XI00GE 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 an -flow) 32xI00GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA 32XI00GE SWITC11 BF Brocade SLX 9240320 I Year 9240-32C- AIRFLOW AC Switch AC with Back to Warranty AGR Front airflow (Nonportside to port side airflow) 32x I OOGE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA 32XI00GE 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) 32xlOOGE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA 32X100GE SWITCH BF Brocade SLX 9240320 I Year 9240-32C- AIRFLOW DC Switch DC with Back to Warranty DC -TZ Front airflow (Nonportside to port side airflow) 32x I OOGE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA S/WADVANCED Advanced Feature License Software 9240 -ADV- FEATURE LICENSE Warranty LIC -P Attachment D Page 297 of 471 Page 645 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR-SLX- SRA 24XIOGE+24XIGE Brocade SLX 954024S I Year 9540-24S- SWITCH AC PRTSD Switch AC with Front to Warranty AC -F INTK Back airflow (Portside to nonport side airflow). Supports 24x I OGE/ I GE + 24xlGE ports. BR-SLX- SRA 24XIOGE+24X1GE Brocade SLX 954024S I Year 9540-24S- SWITCH AC PRTSD EXIT Switch AC with Back to Warranty AC -R Front airflow (Nonport Side to port side airflow). Supports 24x I OGE/ 1 GE + 24xlGE ports. BR-SLX- SRA UPGRADE 24XIGE TO Upgrade 24x I GE to Software 9540-24S- 24XIOGE/IGE 24xlOGE/IGE Warranty COD -P BR-SLX- SRA 24XIOGE+24XIGE Brocade SLX 954024S I Year 9540-24S- SWITCH DC PRTSD Switch DC with Front to Warranty DC -F INTIK Back airflow (Portside to nonport side airflow). Supports 24x1OGE/IGE + 24x I G E ports. BR-SLX- SRA 24XIOGE+24XIGE Brocade SLX 9540245 I Year 9540-24S- SWITCH DC PRTSD EXIT Switch DC with Back to Warranty DC -R Front airflow (Nonport Side to port side airflow). Supports 24x I OGE/ I GE + 24x I GE ports. BR-SLX- SRA PORTS ON DEMAND Ports on Demand for Software 9540-2C- FOR 2X I OOGE/40GE 2x I OOGE/40GE Uplinks Warranty POD -P BR-SLX- SRA 48XIOGE+6XI00GE Brocade SLX 9540485 I Year 9540-48S- SWITCH AC PRTSD Switch AC with Front to Warranty AC -F INTK Back airflow (Portside to nonport side airflow). Supports 48x1OGE/IGE + 6x1OOGE/40GE, (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA 48XIOGE+6XI00GE Brocade SLX 9540485 I Year 9540-48S- SWITCH AC PRTSD EXH Switch AC with Back to Warranty AC -R Front airflow (Nonport Side to port side airflow). Supports 48x1 0GE/lGE + 6xlOOGE/40GE. (1+1) redundant power Supplies Attachment D Page 298 of 471 Page 646 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 299 of 471 Page 647 of 1147 and (4+1) redundant fans included. BR-SLX- SRA 48XIO0E+6XI00GE Brocade SEX 9540485 I Year 9540-485- SWITCH DC PRTSD Switch DC with Front to Warranty DC -F INT'K Back airflow (Portside to nonport side airflow). Supports 48xl0GE/1GE + 6x100GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA 48XI00 E+6X100GE Brocade SLX 9540485 I Year 9540-485- SWITCH DC PRTSD EXH Switch DC with Back to Warranty DC -It Front airflow (Nonport Side to port side airflow). Supports 48x I 0GE/1GE + 6xI00GE/40GE. (1+1) redundant power supplies and (4+1) redundant fans included. BR-SLX- SRA ADVANCED FEATURE Advanced Feature License Software 9540 -ADV- LICENSE Warranty LIC -P BR- SRA SLX 9850 I000X12 SEX 9850 IOOGX12 I Year SLX9850- INTERFACE MODULE INTERFACE MODULE Warranty IOOGX12CQ W/MRLS W/MPLS -M BR- SRA SLX9850 I000X36 Brocade SEX 9850 36port I Year SLX9850- INTERFACE MODULE 10O0bE60port 40GbE or Warranty IOOGX36CQ 240poit IOGbE flexspeed -D (D) interface module with lPv4/lPv6 hardware support. Requires QSFP28QSFP+ optics 400bE to I OGbE break-out(IOGbE) connectivity. Supports 750K MAC256K IPv4 64K IPv6 routes BR- SRA SLX9850 I000X36 BR SLX 9850 36port I Year SLX9850- INTERFACE MODULE 10O0bE60port 40GbEor Warranty IO0GX36CQ W/ MPLS 240poit IOGbE flexspeed -M (N4) interface module with lPv4/lPv6/MPLS hardware Attachment D Page 299 of 471 Page 647 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 300 of 471 Page 648 of 1147 support. Requires QSFP28QSFP+ optics 40Gb E to I OGbE break-out(I OGbE) connectivity. Supports 750K MAC256K 1Pv4 64K IPv6 routes BR- SRA 6XI00G POD SW 6xI000 POD SW license Software SLX9850- LICENSE FOR 1000 POD to be used with Warranty IOOGX6CQ- BLADE SLX9850100Gx12CQM M-UPG 1000 blade only BR- SRA SLX9850 I001X72 Brocade SLX 9850 72port I Year SLX9850- INTERFACE MODULE I 0GbE/ I GbE (D) Warranty 10GX72S-D interface module with IRv4/IPv6 hardware support. Requires SFP+ optics for I 0GbE connectivity and SFP optics for I GbE connectivity. Supports 750K MAC 256K IPv4 routes and 64K 1Pv6 routes BR- SRA SLX9850 I0GX72 Brocade SLX 9850 72port I Year SLX9850- INTERFACE MODULE 10GbE/1GbE (M) Warranty IOGX72S-M W/ MPLS interface module with lPv4/lPv6/MPLS hardware support. Requires SFP+ optics for IOGbE connectivity and SFP optics for I GbE connectivity. Supports 750K MAC 256K 1Pv4 routes and 64K 1Pv6 routes BR- SRA SLX98504 AC SYSTEM Brocade SLX 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 SLX 98504 DC SYSTEM Brocade SLX 9850 4slot I Year SLX9850-4- BUNDLE chassis with I Warranty BND-DC management module 5 Attachment D Page 300 of 471 Page 648 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 301 of 471 Page 649 of 1147 switch fabric modules 2 300OW DC power supplies 3 fan modules and accessory kit. Power cord not included BR- SRA SLX98504 SWITCH Brocade SLX 9850 switch I Year SLX9850-4- FABRIC MODULE fabric module for 4slot Warranty SFM chassis BR- SRA SLX 98508 AC SYSTEM Brocade SLX 9850 8slot I Year SLX9850-8- 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 SEX 98508 DC SYSTEM Brocade SLX 9850 8slot I Year SLX9850-8- 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 SLX98508 SWITCH Brocade SLX 9850 switch I Year SLX9850-8- FABRIC MODULE fabric module for 8slot Warranty SFM chassis BR- SRA SL X9850 Brocade SLX 9850 1 Year SLX9850- MANAGEMENT management module for Warranty NIM MODULE 4slot and 8slot systems includes 32GB RAM 2 internal Solid State Drives 4Core Intel CPU 2 USB 3 .1.0 ports 2 RJ45 console ports and 10GbE Services port BR- SRA S/WVCS S/W LICENSE VCS S/W LICENSE FOR Software VDX6710- FOR VDX671054 VDX671054 Warranty 54VCS-01 BR- SRA S/WFCOE S/W LICENSE Software License to Software 06/29/ VDX6720- VDX672024/16PP enable FCoE on Warranty 2024 24FCOE-01 VDX672016 or VDX672024 BR- SRA S/W8PORT 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 649 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 302 of 471 Page 650 of 1147 to make all 24 ports enabled BR- SRA S/WVCS S/W LICENSE Software License to Software 06/29/ VDX6720- FOR VDX672024/16PP enable VCS on Warranty 2024 24VCS-01 VDX672024 or VDX672016 BR- SRA S/WFCOE LICENSE FOR Software License to Software 06/29/ VDX6720- VDX672060/40PP enable FCoE on Warranty 2024 60FCOE-01 VDX672040 VDX672060 BR- SRA S/W I OPORT POD I OPORT Ports on Software 06/29/ VDX6720- LICENSE FOR Demand License for Warranty 2024 60POD-01 VDX6720/40PP VDX672040 to enable 10 more ports BR- SRA S/WVCS LICENSE FOR Software License to Software 06/29/ VDX6720- VDX672060/40 enable VCS on Warranty 2024 60VCS-01 VDX672060 or VDX672040 BR- SRA 8 PORT POD LICENSE SPORT POD LICENSE Software VDX6730- FOR VDX673016 FOR VDX673016 Warranty 24POD-01 BR- SRA S/WVCS S/W LICENSE VCS S/W LICENSE FOR Software VDX6730- FOR VDX673024/16PP VDX673024 VDX673016 Warranty 24VCS-01 BR- SRA 10 PORT POD LICENSE 10PORT POD LICENSE Software VDX6730- FOR VDX673040 FOR VDX673040 Warranty 60POD-01 BR- SRA S/WVCS S/W LICENSE VCS S/W LICENSE FOR Software VDX6730- FOR VDX673040/60PP VDX673060 VDX673040 Warranty 60VCS-01 BR- SRA VDX674024PSFP+DCPOR VDX 6740 2411 SFP+ I Year VDX6740- T SIDE EXHAUST Al PORTS ONLY NO Warranty 24 -DC -F OPTICS DC NONPORT SIDE EXHAUST AIRFLOW BR- SRA VDX674024PSFP+DCPOR VDX 6740 24P SFP+ I Year VDX6740- T SIDE EXHAUST AT PORTS ONLY NO Warranty 24 -DC -R OPTICS DC PORT SIDE EXHAUST AIRFLOW BR- SRA VDX674024PSFP+ACNO VDX 6740 24P SFP+ I Year VDX6740- N PORT SIDE EX AF PORTS ONLY NO Warranty 24-F OPTICS AC NON ORT SIDE EXHAUST AIRFLOW BR- SRA VDX674024PSFP+ACPOR VDX 6740 24P SFP+ I Year VDX6740- T SIDE EXHAUST AF PORT'S ONLY NO Warranty 24-R Attachment D Page 302 of 471 Page 650 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 303 of 471 Page 651 of 1147 OPTICS AC PORT SIDE EXHAUST AIRFLOW BR- SRA SW2PORT 40G POD LIC 2PORT 40G Ports on Software VDX6740- FOR VDX6740/6740T Dernand(POD) LICENSE Warranty 2X40G-POD FOR VDX6740 AND VDX6740T BR- SRA VDX674048PSFP+ACNO VDX 674048P SFP+ I Year VDX6740- N PORT SIDE EX AF PORTS ONLY NO Warranty 48-F OPTICS AC NONPORT SIDE EXHAUST' AIRFLOW BR- SRA VDX674048PSFP+ACPOR VDX 6740 48P SFP+ I Year VDX6740- T SIDE EXHAUST AF PORT'S ONLY NO Warranty 48-R OPTICS AC PORT SIDE EXHAUST AIRFLOW BR- SRA VDX674064PSFP+FCOEA VDX 6740 BUNDLE 64P I Year VDX6740- CNONPORT EX AF SFP+ PORTS ONLY NO Warranty 64-ALLSW- OPTICS VCS LlC FCOE F LIC' AC NONPORT SIDE EXHAUST AIRFLOW BR- SRA VDX674064PSFP+FCOEA VDX 6740 BUNDLE 64P I Year VDX6740- CPORT SD EX AF SFP+ PORTS ONLY NO Warranty 64-ALLSW- OPTICS VCS LIC FC OE R LIC AC PORT SIDE EXHAUST AIRFLOW BR- SRA VDX674064PSFP+ACNO VDX 674048P SFP+ I Year VDX6740- N PORT SIDE EX AF PORTS and 4P QSFP+ Warranty 64-F OnlyNO OPTICS AC NONPORT SIDE EXHAUST AIRFLOW BR- SRA VDX674064PSFP+ACPOR VDX 674048P SFP+ I Year VDX6740- T SIDE EXHAUST AF PORTS and 4P QSFP+ Warranty 64-R ports ONLY NO OPTICS AC PORTSIDE EXHAUST AIRFLOW BR- SRA SW8PORT 10G POD LIC SPORT I OG SFP+ Ports Software VDX6740- FOR VDX6740/6740T on Warranty 8XIOG-POD Dernand(POD)LICENSE FOR VDX6740 and VDX6740T BR- SRA S/WVCS AND FCOE VCS S/W LICENSE and Software VDX6740- LICENSEVDX6740/6740T FCOE S[W LICENSE Warranty ALLSW FOR VDX6740 AND VDX6740T Attachment D Page 303 of 471 Page 651 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ER- SRA S/WFCCIE LICENSE FOR FCOE SfW LICENSE Software VDX6740- VDX6740/VDX6740T FOR VDX6740 AND Warranty F'COE 6740T BR- SRA SW 16PORT 10G COD SW 16PORT 10G Software VDX6740T- CPGRD LICVDX6740TIG Capacity on Demand LIC Warranty IG-16XIOG- FOR VDX6740TIG COD BR- SRA VDX6740T24P1OGBTDC VDX 6740T 24P 10GBT I Year VDX6740T- NONPORTSIDE EX AF PORT'S ONLY MCI Warranty 24 -DC -F OPTICS DC; NONPORT SIDE EXHAUST' AIRFLOW ESR- SRA VDX6740T24PlOGBTDCP VDX 6740T 24P 10GBT l Year VDX6740T- RT SD EX AF PORTS ONLY NO Warranty 24 -DC -R OPTICS DC PORT SIDE EXHAUST AIRFLOW ESR- SRA VDX6740 T24P10GBTAC VDX 6740T 24P 100113 T 1 Year VDX6740T- NONPRTSD EX AF PORTS ONLY NO Warranty 24-F OPTICS AC NONPORT SIDE EXHAUST AIRFLOW ISR- SRA VDX6740T24P10CRTACP VDX 6740T 24P IOGBT I Year VDX6740T- RT SD EX AF PORT'S ONLY NO Warranty 24-R OPTICS AC PORT SIDE EXHAUST AIRFLOW BR- SRA VDX6740T48PIOGBTAC VDX 6740T 48P IOGBT I Year VDX6740T- NONPRTSD EX AF PORTS ONLY NO Warranty 48-F OPTICS AC NONPORT SIDE EXHAUST AIRFLOW LAR- SRA VDX6740T48P10CrB ACP VDX 6740f 4 P I 0GBT I Year VDX6740T- RT SD EX AF PORTS ONLY NO Warranty 48-R OPTIC'S AC PORT SIDE EXHAUST AIRFLOW BR- SRA VDX 6740TIG 48P VDX 6740T 48P 1 Year VDX6740T- IGTNPORTSIDE EXII Al IGBASET PORTS2 Warranty 56 -IG -DC -F 40GBE QSFP+ UP RADABL,E TCI 10GBASET VIA LICENSE ONLY NO OPTICS DC NONPORT SIDE EXHAUST' AIRFLOW BR- SRA VDX 6740T1 G 48P VDX 6740T 48P 1 Year VDX6740T- ICwTPORTSIDE EXIT Al IGBASET PORTS2 Warranty 56-1 G -DC -R 40GBE QSFP+ Attachment D Page 304 of 471 Page 652 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 305 of 471 Page 653 of 1147 UPGRADABLETO IOGBASET VIA LICENSE ONLY NO OPTICS DC PORT SIDE EXHAUST AIRFLOW BR- SRA VDX6740TIG48PIGGA S VDX 6740T 48P I Year VDX6740T- ET PORTS2 40GBEN 1GBASET PORTS2 Warranty 56 -IG -F 40GBE QSFP+ UPGRADABLE TCS IOGBASET VIA LICENSE ONLY NO OPTICS AC NONPORT SIDE EXHAUST' AIRFLOW BR- SPA VDX6740TIG48PIGRAS VDX 67407 48P I Year VDX6740T- ET PORTS2 40GBE IGBASET PORTS2 Warranty 56 -IG -R 40GBE QSFP+ UPGRADABLE TCS IOGBASET VIA LICENSE ONLY INC} OPTICS AC PORT SIDE EXHAUST AIRFLOW BR- SRA VDX6740T64PIOGBTFCO VDX 6740T BUNDLE I Year VDX6740T- EACNONPRT EX AF 48P IOGBT PORTS and Warranty 64-ALLSW- 4P QSFP+ PORTS ONLY F NO OPTICS VCS LIC FLOE LIC AC NONPORT SIDE EXHAUST AIRFLOW BR- SPA VDX6740T64PIOGBTFCO VDX 6740T BUNDLE I Year VDX6740T- EACPORT EX AF 48P IOGBT PORTS and Warranty 64-ALLSW- 4P QSFP+ PORTS ONLY R NO OPTICS VCS LIC FCOE LIC AC PORT SIDE EXHAUST AIRFLOW BR- SPA VDX6740T64PIOGBTSFP VDX 6740T 48P IOGBT I Year VDX6740T- +ACNON PRT EX AF PORTS ONLY and 4P Warranty 64-F QSFP+ NO OPTICS AC NONPORTSIDE EXHAUST AIRFLOW BR- SPA VDX6740T64PIOGBTACP VDX 6740T 48P IOGBT I Year VDX6740T- RT SD EX AF PORTS ONLY and 4P Warranty 64-R QSFP+ NO OPTICS AC PORT SIDE EXHAUST AIRFLOW Attachment D Page 305 of 471 Page 653 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA S/WVCS LICENSE FOR VCS S/W LICENSE FOR Software VDX6740- VDX6740/VDX6740T VDX6740 AND Warranty VCS VDX6740T BR- SRA SW16PORT IOG POD LIC 16xI0GbE Ports On Software VDX6940- FOR VDX6940144S Demand(POD) LICENSE Warranty 1445-16- FOR VDX694064S AC I OGPOD and DC models BR- SRA SW6X40G/2X I OOG POD 6x4OGbE or 2x I OOGbE Software VDX6940- LIC FORVDX6940144S Ports On Demand(POD) Warranty 1445- LICENSE FOR 6X40G-POD VDX694064S and VDX694096S models BR- SRA VDX6940144SACNON Brocade VDX 69401445 I Year VDX6940- PORTSIDE EXHAUST base system with 96 Warranty 1445 -AC -F I OGbE SFI'+ Ports and up to 12 40GbE QSFP+ ports or up to 4 1 00GbE QSFP28 ports AC power supply NON PORTSIDE EXHAUST AlRFLOW BR- SRA VDX6940144SACPORTSI Brocade VDX 69401445 I Year VDX6940- DE EXHAUST base system with 96 Warranty 1445 -AC -R I OGbE SFP+ ports and up to 12 40GbE QSFP+ ports or up to 4 1 OOGbE QSFP28 ports AC power supply PORTSIDE EXHAUST AIRFLOW BR- SRA VDX694024QACNON Brocade VDX 694036 1 Year VDX6940- PORTSIDE EXHAUST basesystem with 24 Warranty 24Q -AC -F 40GbE QSFP+ portsAC power Supply NON PORTSIDE EXHAUST AIRFLOW BR- SRA VDX694024QACPORTSI Brocade VDX 694036Q I Year VDX6940- DE EXHAUST base system with 24 Warranty 24Q -AC -R 40GbE QSFP+ ports AC power supply PORTSIDE EXHAUST BR- SRA VDX694024QDCNONPO Brocade VDX 694036Q I Year VDX6940- RTSIDE EXHAUST base system with 24 Warranty 24Q -DC -F 40GbE QSFP+ ports DC Power supply NON PORTSIDE EXHAUST AIRFLOW Attachment D Page 306 of 471 Page 654 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA VDX694024QDCPORTSI Brocade VDX 694036Q I Year VDX6940- DE EXHAUST base system with 24 Warranty 24Q -DC -R 40GbE QSFP+ ports DC Power supply PORTSIDE EXHAUST AIRFLOW BR- SRA SW12PORT 40G POD LIC 12x40GbE Ports On Software VDX6940- FORVDX694036Q Demand(POD) license for Warranty 36Q- the VDX 694024Q AC 12X406- and DC models POD BR- SRA VDX694036QACNON Brocade VDX 694036Q I Year VDX6940- PORTSIDE EXHAUST base system with 36 Warranty 36Q -AC -F 40GbE QSFP+ ports AC power supply NON PORTSIDE EXHAUST AIRFLOW BR- SRA VDX694036QACPORTSI Brocade VDX 694036Q I Year VDX6940- DE EXHAUST base system with 36 Warranty 36Q -AC -R 40GbE QSFP+ ports AC power supply PORTSIDE EXHAUST AIRFLOW BR- SRA VDX694064SACNON Brocade VDX 69401445 I Year V7X6940- PORTSIDE EXHAUST base system with 64 Warranty 64S -AC -F I OGbE SFP+ ports AC power supply NON PORTSIDE EXHAUST AIRFLOW BR- SRA VDX694064SACPORTSID Brocade VDX 69401445 I Year VDX6940- E EXHAUST base system with 64 Warranty 64S -AC -R I OGbE SFP+ ports AC power supply PORTSIDE EXHAUST AIRFLOW BR- SRA V7X694064SDC'NON Brocade VDX 69401445 I Year VDX6940- PORTSIDE EXHAUST base system with 64 Warranty 64S -DC -F I OGbE SFP+ ports DC power supply NO PORTSIDE EXHAUST AIRFLOW BR- SRA VDX694064SDCPoRTSID Brocade VDX 69401445 I Year VDX6940- E EXHAUST base system with 64 Warranty 64S -DC -R I OGbE SFP+ ports DC power supply PORTSIDE EXHAUST AIRFLOW BR- SRA VDX694096SACNON Brocade VDX 69401445 I Year VDX6940- PORTSIDE EXHAUST base system with 96 Warranty 96S -AC -F I OGbE SFP+ ports AC Attachment D Page 307 of 471 Page 655 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 308 of 471 Page 656 of 1147 power supply NON PORTSIDE EXHAUST AIRFLOW BR- SRA VDX694096SACPORT'SID Brocade VDX 69401445 I Year VDX6940- E EXHAUST base system with 96 Warranty 96S -AC -R I OGbE SFP+ ports AC power supply PORTSIDE EXHAUST AIRFLOW BR- SRA S/WFCOE S/W LICENSE FCOE software license for Software VDX6940- VDX6940 VDX6940 Warranty FCOE BR- SRA 12X40GQSFP+ 12 x, 400E (SSFP Blades I Year VDX8770- BLADENO OPTICS8770 No Optics Warranty 12X40G- QSFP-1 BR- SRA 27X40GBE QSFP 27 x. 40GE QSFP Blades I Year VDX8770- BLADES NO OPTICS No Optics Warranty 27X40G- QSFP BR- SRA 2 X I OOG ECFP2BLADES 2X100GbECFP2 Blades I Year VDX8770- W/PODNO OPTICS with 2 ports activated by Warranty 2X100G- default and available for CFP2 2X1000 POD license Upgrade No Optics BR- SRA SW2X I OOG POD LIC FOR 2x. I OOG POD SW license Software VDX8770- 2X I OOGCFP2 BLADE to be Used with Warranty 2X10001- VDX87702x10OGCFP2 POD 100E blade only BR- SRA 48X I OGSFP+ BLADENO 48 x, I/10GE SFP+ Blades I Year VDX8770- OPT]CS8770 No Optics Warranty 48XIOG- S FPP- I BR- SRA 48X I OGBASET COPPER 48 X I OGBaseT Copper I Year VDX8770- BLADES NO OPTICS Blades No Optics Warranty 48XIOG-T' BR- SRA 48X I GSFP+ BLADENO 48 x IGE SFP Blade No I Year VDX8770- OPTICS 770 Optics Warranty 48XIG-SFP- I BR- SRA 4 SLOT CIIASSIS3SFM1 VDX8770 4 1/0 Slot I Year VDX8770-4- MM2FAN2 300OW AC chassis with 3 Switch Warranty BIND -AC Fabric Modules I Management Module 2 exhaust Fan and 2 3000W AC Power supply unit. Additional Management Attachment D Page 308 of 471 Page 656 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 309 of 471 Page 657 of 1147 modules to be ordered separately. Power cord ordered separately BR- SRA 4 SLOT CHASSIS3SFMI VDX8770 4 I/O 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 OOGBE CFP2 6 X 100GE CFP2 Blades I Year VDX8770- BLADES NO OPTICS No Optics Warranty 6X 100G- CFP2 BR- SRA 8 SLOT CHASSIS6SFM1 VDX8770 8 I/O 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 SLOT CHASSIS6SFMI VDX8770 8 I/O 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 LICENSE ADVANCED SERVICE Software VDX8770- FOR FCOEVCSLAYER 3 LICENSE TO ENABLE Warranty LIC -ADV FCOE VCS AND LAYER 3 ON THE VDX8770 BR- SRA FCOE S/W LICENSE FCOE License for Software VDX8770- VDX8870 VDX8770 Warranty LIC-FCOE Attachment D Page 309 of 471 Page 657 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. BR- SRA LAYER3 S/W LICENSE LAYER3 license for the Software VDX8770- FOR VDX8770 VDX8770 Warranty LIC- LAYER3 BR- SRA UPG LICENSE TO UPGRADE LICENSE TO Software VDX8770- ENABLE ADV SERVICE ENABLE ADVANCED Warranty LIC-UPG SERVICE ON VDX8770 BR- SRA VCS S/W LICENSE FOR VCS License for Software VDX8770- VDX8770 VDX8770 Warranty LIC -VCS BR- SRA 8770 MANAGEMENT Management Module for I Year VDX8770- MODULE VDX 87704 and Warranty MM -1 VDX87708 BR- SRA 8770 SWITCH FABRIC Switch Fabric Module for I Year VDX8770- MODULE VEX 87704 and Warranty SFM-1 VDX87708 C5G124-24 Fixed L3 C5 STACK C_5 STACK. Limited 06/30/ 24XI0/100/1000+4XSFP 24XI0/100/1000+4XSFP Lifetime 2022 Warranty with express Advanced Hardware Replacern ent-2 C5GI24-24- Fixed L3 C5 STACK C5 STACK Limited 06/30/ G 24XI0/100/1000+4XSFP 24XI0/100/1000+4XSFP Lifetime 2022 TAA TAA Warranty with express Advanced Hardware Replacem ent-2 C5G124- Fixed L3 C5 STACK C5 STACK. Limited 06/30/ 24P2 24X 10/ 100/ 1 OOOATPOE+4 24XI0/100/1000ATPOE+ Lifetime 2022 XSFP 4XSFP Warranty with express Advanced Hardware Replacem ent-2 C5GI24- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24P2 -G 24XI0/100/1000ATPOE 24XI0/100/1000ATPOE Lifetime 2022 TAA TAA Warranty Attachment D Page 310 of 471 Page 658 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 311 of 471 Page 659 of 1147 with express Advanced Hardware Replacem ent-2 C5GI24-48 Fixed L3 C5 STACK C5 STACK Limited 06/30/ 48XI0/100/1000+4XSFP 48XI0/100/1000+4XSFP Lifetime 2022 Warranty with express Advanced Hardware Replacem erit-2 C5G124-48- Fixed L3 C5 STACK C5 STACK Limited 06/30/ G 48XI0/100/1000+4XSFP 48XI0/100/1000+4XSFII Lifetime 2022 TAA TAA Warranty with express Advanced Hardware Replacem ent-2 C5GI24- Fixed D C5 STACK C5 STACK Limited 06/30/ 4SP2 48XI0/100/1000ATPOE+4 48XI0/100/1000ATPOE+ Lifetime 2022 XSFP 4XSFP Warranty with express Advanced Hardware Replace ent-2 C5GI24- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 48P2 -G 48X 10/ 100/ 1 OOOATPOE+4 48XI0/100/1000ATPOE+ Lifetime 2022 SFPTAA 4SFPTAA Warranty with express Advanced Hardware Replacem ent-2 C5KI25-24 Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24XI0/100/1000+2XSFPP 24XI0/100/1000+2XSFP Lifetime 2022 P Warranty with Attachment D Page 311 of 471 Page 659 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 312 of 471 Page 660 of 1147 express Advanced I lardware Replacem ent-2 C5KI25-24- Fixed L3 C5 STACK C5 STACK Limited 06/30/ G 24X 10/ 100/ 1 000+2XSFPP 24XI0/100/1000+2XSFP Lifetime 2022 TAA P TAA Warranty with express Advanced Hardware Replacem ent-2 C5KI25- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24P2 24XI0/100/1000ATPOE+2 24XI0/100/1000ATPOE+ Lifetime 2022 SFPP 2SFPP Warranty with express Advanced I lardware Replacem ent-2 C5KI25- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24P2 -CI 24XI0/100/1000ATPOE 24XI0/100/1000AT'POE Lifetime 2022 TAA FAA Warranty with express Advanced Hardware Replacem em -2 C5K125-48 Fixed L3 C5 STACK C:5 STACK Limited 06/30/ 48XI0/100/1000+2XSFPP 48XI0/100/1000+2XSFP Lifetime 2022 P Warranty with express Advanced I lardware Replacem ent-2 C5KI25-48- Fixed L3 C5 STACK C5 STACK Limited 06/30/ G 48XI0/100/1000+4XSFP 48XI0/100/1000+4XSFP Lifetime 2022 TAA TAA Warranty with express Attachment D Page 312 of 471 Page 660 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 313 of 471 Page 661 of 1147 Advanced Hardware Replacem ent-2 C5KI25- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 4SP2 48XI0/100/1000ATPOE+2 48XI0/100/1000ATPOE+ Lifetime 2022 XSFPP 2XSFPP Warranty with express Advanced Hardware Replacem ent-2 C5KI25- Fixed L3 C5 STACK C5 STACK Limited 06/30/ 48P2 -Cl 48XI0/100/1000A'FPOE 48XI0/100/1000ATPOE Lifetime 2022 TAA TAA Warranty with express Advanced Hardware Replacem ent-2 C5KI75-24 Fixed L3 C5 STACK C5 STACK Limited 06/30/ 24XSFP+2XSFPP 24XSFP+2XSFPP Lifetime 2022 Warranty with express Advanced Hardware Replacem e-nt-2 C5KI75-24- Fixed L3 C5 STACK C5 STACK Limited 06/30/ G 24XSFP+2XSFPP TAA 24XSFP+2XSFPP TAA Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 C5K-24P2- Fixed L3 QTY 8 C5KI2524P2 Limited 06/30/ BUN BUNDLE Lifetime 2020 Warranty with express Advanced Attachment D Page 313 of 471 Page 661 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 314 of 471 Page 662 of 1147 I lardware Replacem ent C5K-48P2- Fixed L3 QTY 8 C5KI2548P2 Limited 06/30/ BUN SALES BUNDLE Lifetime 2020 Warranty with express Advanced Hardware Replacem ent C51 -3 -LIC Fixed L3 C5 ADVANCED C5 ADVANCED Software 1PV4/IPV6 ROUTING IPV4/[PV6 ROUTING Warranty LICENSE LICENSE CC SRA CONSOLE CABLE Console Port Serial Cable No (DB9F to DB9F) Warranty Straightthrough CFP2-TO- SRA 100GE CFP2 TO QSFP28 100 GbE CFP2 to I Year 10/31/ QSFP28- CONVERSION MODULE QSFP28 conversion Warranty 2024 MOD module CNTR-DIV- SRA CENTERSLOT CENTS SLOT I Year MLXE-16 DIVIDERSMLXE16 DIVIDERS FOR THE Warranty CHASSIS MLXE 16 CHASSIS CNTR-DIV- SRA CENTERSLOT CENTER SLOT I Year MLXE-32 DIVIDERSMLXE32 DIVIDERS FOR THE Warranty CHASSIS MLXE32 CHASSIS CNTR-DIV- SRA CENTER SLOT" CENTER SLOT I Year MLXE-4-8 DIVIDERSMLXE4 DIVIDERS FOR THE Warranty MLXE8 MLXE4 AND MLXE8 CHASSIS Cs- Subscriptio CLOUD WLAN MGMT CLOUD WLAN MGMT No WLANJP9 n JAPAN REG DOMAIN JAPAN REG DOMAIN Warranty CS- Subscriptio CLOUD WLAN MGMT CLOUD WLAN MGMT Software WLANNAM n FCC REG DOMAIN FCC REG DOMAIN Warranty 9 D2G 124-12 Fixed L2 12 X 10/100/1000 FIXED 12 X 10/100/1000 FIXED Limited 03/31/ CONFIG L2 SWITCI I CONFIG L2 SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 Attachment D Page 314 of 471 Page 662 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. D2GI24-12- Fixed L2 12 X 10/100/1000 L2 12 X 10/100/1000 L2 Limited 03/31/ G SWITCH TAA SWITCH TAA Lifetime 2022 Warranty with express Advanced I lardware Replacem ent-2 D2G124-12P Fixed L2 12 X 10/100/1000 FIXED 12 X 10/100/1000 FIXED Limited 03/31/ POE L2 SWITCH POE L2 SWITCH Lifetime 2022 Warranty with express Advanced Hardware Replacem ent-2 D2G124- Fixed L2 12 X 10/100/1000 POE L2 12 X 10/100/1000 POE Limited 03/31/ 12P -Cl SWITCH TAA L2 SWITCH TAA Lifetime 2022 Warranty with express Advanced I lardware Replacem ent-2 D2- Fixed L2 D2 WALLMOUNTED No 12/31/ LOCKBOX LOCKBOX Warranty 2022 D2POL-LIC Fixed L2 POLICY LICENSE FOR POLICY LICENSE FOR Limited 04/01/ D2 SWITCHES D2 SWITCHES Lifetime 2024 Warranty with express Advanced Hardware Replacem ent-2 D2-PWR- Fixed L2 EXTERNAL POE POWER EXTERNAL POE Limited 03/31/ POE BRICK FOR D2 POWER BRICK FOR D2 Lifetime 2022 SWITCHES SWITCHES Warranty with express Advanced Hardware Attachment D Page 315 of 471 Page 663 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 316 of 471 Page 664 of 1147 Replacern ent-2 D2 -RMT Fixed L2 D2 RACK MOUNT KIT No 12/31/ Warranty 2022 D2 -TEL- Fixed L2 D2 UNDER TABLE No 12/31/ MN MOUNT KIT' Warranty 2022 172 -WALL- Fixed L2 WALL MOUNT FOR D2 No 12/31/ MNT Warranty 2022 DEMS-Al- Intrusion EMS APPLIANCE FOR 25 EMS APPLIANCE FOR I Year 09/30/ 25 Defense NODES 25 NODES Warranty 2020 DEMS-Al- Intrusion DEMSA125 HW ONLY DEMSA125 HW ONLY I Year 09/30/ 25R Defense FOR UPGRADES FOR UPGRADES Warranty 2020 DEMS-Al-U Intrusion EMS APPLIANCE WITH EMS APPLIANCE WITH I Year 09/30/ Defense NO NODE MGMT NO NODE MGMT Warranty 2020 RESTRICT RESTRICT DIPS -FE -TX Intrusion DRAGON IPS ADDON I Year 09/30/ Defense TO DIPAFECOPPER FO Warranty 2020 DNIC- Intrusion 2PORT 10GIG FIBER NIC 2PORT I OGIG FIBER I Year 09/30/ 2XIOG-SR Defense NIC Warranty 2020 1 DNIC- Intrusion 4PORT TRIPLE SPD 4PORT TRIPLE SPD I Year 09/30/ 4PORT-SX Defense FIBER NlC FIBER NIC Warranty 2020 DNIC- Intrusion 4PORT TRIPLE SPD CU 4PORT TRIPLE SPD CU I Year 09/30/ 4PORT-TX Defense NIC NIC Warranty 2020 DNICFO- Intrusion 4PORT FAILOPEN CU 4PORT FAILOPEN CU I Year 09/30/ 4PORT-TX Defense NIC NIC Warranty 2020 DNIC- Intrusion 2X I OG 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 HIGH PERF 4PT NIC FOR HIGH PERF 4PT NIC I Year 09/30/ HS4PORT- Defense IDS/IPS MG FOR IDS/IPS MG Warranty 2020 SX DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 100 Defense SOFTWARE 100 MBPS Warranty 2020 LIMIT DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 250 Defense SOFTWARE 250 MBPS Warranty 2020 LIMIT DNIDS-V- Intrusion NETWORK IDS Software 09/30/ 500 Defense SOFTWARE 500 MBPS Warranty 2020 LIMIT DNIPS-Al- Intrusion DNIPSAI G HW ONLY DN [P SA I G HW ONLY I Year 09/30/ GR Defense FOR UPGRADES FOR UPGRADES Warranty 2020 DNIPS-Al- IntrL[Sion INLINE IPS/IDS APPL 6 INLINE IPS/IDS APPL 6 1 Year 09/30/ MG Defense GBPS (NIC REQ.) GBPS (NIC REQ.) Warranty 2020 DSEMS7- Intrusion DRAGON ENTERPRISE I Year 09/30/ ME Defense MANAGEMENT Warranty 2020 SOFTWARE Attachment D Page 316 of 471 Page 664 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. DSEMS7-SE Intrusion DRAGON ENTERPRISE I Year 09/30/ Defense MANAGEMENT Warranty 2020 SOFTWARE EB1639193 EAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ LARGE LARGE Warranty 2021 EB1639194 EAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ SMALL SMALL Warranty 2021 EBI 639195 EAN IDE GUEST and ICT IDE GUEST' and IOT Software 12/31/ MANAGER MANAGER Warranty 2021 EB1639197 EAN IDE TACACS+ IDE TACACS+ Software 12/31/ Warranty 2021 EB 163 9245 EAN IDE IGNITION SERVER IDE IGNITION SERVER Software 12/31/ LITE LITE Warranty 2021 ECI 100010- EAN ONA I IOIGT ONA I IOIGT 1+1 1000 1 Year E6 BASET PORT.OPTNL Warranty AC ADAPTER SOLD SEPARATELY. EC4005AO3- EAN VSE' 4450 HTACPSU NO VSE' 4450 Limited E61 -IT POWER CORD HIGHTEMPAC POWER Lifetime SUPPLY UNIT NO Warranty POWER CORD with express Advanced I lardware Replacem ent EC4400004- EAN 4450GSXDC Virtual Services Platform Limited 11/30/ E6 4450GSXPWR+ with 36 Lifetime 2024 port 100/1000 Mbps SFP Warranty 12 port 10/100/1000 plus with 2 I/10G- SFP+ ports. Inc. express Base Software License I Advanced Field replaceable 30OW Hardware PSU Replacem ent EC440OA03- EAN 4450GTXIITPWR+ NO Virtual Services Platform Limited E6 POWER CORD 4450GTXHTPWR+ High Lifetime temperature with 48 port Warranty 10/100/1000 802.3at with PoE+ plus 2 1/1 OG SFP+ express ports. Inc. Base Software Advanced License I Field I lardware replaceable 1000WPSU. Replacem (No Power Cord) ent Attachment D Page 317 of 471 Page 665 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC4400A05- EAN VSP4450GSXPWR+ NO Virtual Services Platform Limited E6 PC 4450GSXPWR+ with 36 Lifetime port 100/1000 Mbps SFP Warranty 12 port 10/ 100/ 1000 with 802.3at PoE+ plus 2 express I/100 SFP+ ports. Inc. Advanced Base Software License 1 Hardware Field replaceable 1000W Replacem PSU. No PC) ent EC4400A05- EAN VSP4450GSXPWR NO PC Virtual Services Platform Limited E6GS 4450GSXPWR+ with 36 Lifetime port 100/1000 Mbps SFP Warranty 12 port 10/ 100/1000 with 802.3at PoE+ plus 2 express 1110G SFP+ ports. Inc. Advanced Base Software License I Hardware Field replaceable 1000W Replacem PSU. (No Power Cord) ent EC4800078- EAN VSP485OGTS DC VSP485OGTS DC Limited 11/30/ E6 Lifetime 2024 Warranty with express Advanced I hardware Replacem ent EC4800078- EAN VSP485OGTS DC VSP4850GTS DC TAA Limited 11/30/ E6GS Lifetime 2024 Warranty with express Advanced Hardware Replacem ent EC4800A78- EAN VSP485OGTS NO PC VSP485OGTS NO PC Limited 11/30/ E6 Lifetime 2024 Warranty with express Advanced I hardware Replacem ent Attachment D Page 318 of 471 Page 666 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC480OA88- EAN VSP4850GTSPWR+ NO VSP485OGTSPW1t+ NO Limited 11/30/ E6 PC PC Lifetime 2024 Warranty with express Advanced I lardware Replacern ent EC480OA88- EAN VSP485OGTSPWR+ NO VSP4850GTSPWR+ NO Limited 11/30/ E6GS PC PC TAA Lifetime 2024 Warranty with express Advanced Hardware Replacem ent EC72000IF- EAN VSP 7254XSQ F2B DC Virtual Services Limited E6 PSU 7254XSQ with 48 x, Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow 1 DC PS express Advanced I lardware Replacern ent EC72000IF- EAN VSP 7254XSQ F2B DC Virtual Services Limited E6GS PSU GSA 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I DC PS express Advanced Hardware Replacern ent EC720002F- EAN VSP 7254XTQ F2B DC Virtual Services Limited E6 PSU 7254XTQ with 48 x, Lifetime 100M/IG/10G RJ45 and 6 Warranty x 40G QSFP+ ports F2B with airflow 1 DC PS express Advanced I hardware Replacern ent Attachment D Page 319 of 471 Page 667 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720002F- EAN VSP 7254XTQ F2B DC Virtual Services Limited E6GS PSU GSA 7254XTQ with 48 x, Lifetime 100M/IG/10G RJ45 and 6 Warranty x 40G QSFP+ ports F2B with airflow 1 DC PS express Advanced I lardware Replacern ent EC720OAlB EAN VSP 7254XSQ 132E AC Virtual Services Limited -E6 PSU NO PC 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports 132E with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC720OAlB EAN VSP 7254XSQ 132E AC Virtual Services Limited -E6GS PSU NO PC GSA 7254XSQ with 48 x, Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports B2F with airflow 1 AC PS (no express power cord) Advanced I lardware Replacern ent EC7200AIF- EAN VSP 7254XSQ F2B AC Virtual Services Limited E6 PSU NO PC 7254XSQ with 48 x Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200AIF- EAN VSP 7254XSQ F2B AC Virtual Services Limited E6GS PSU NO PC GSA 7254XSQ with 48 x, Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow 1 AC PS (no express power cord) Advanced Hardware Replacem ent Attachment D Page 320 of 471 Page 668 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC7200A2B EAN VSP 7254XTQ B2F AC Virtual Services Limited -E6 PSU NO PC 7254XTQ with 48 x, Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports B2F with airflow 1 AC PS (no express power cord) Advanced I lardware Replacern ent EC7200A2B EAN VSP 7254XTQ B2F AC Virtual Services Limited -E6GS PSU NO PC GSA 7254XTQ with 48 x Lifetime I OOM/ I G/ I OG RJ45 and Warranty 6 x 40G QSFP+ ports 132F with airflow I AC PS (no express power cord) Advanced Hardware Replacem ent EC7200A2F- EAN VSP 7254XTQ F2B AC Virtual Services Limited E6 PSU NO PC 7254XTQ with 48 x, Lifetime 1001VI/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow 1 AC PS (no express power cord) Advanced I lardware Replacern ent EC7200A2F- EAN VSP 7254XTQ F2B AC Virtual Services Limited E6GS PSU NO PC GSA 7254XTQ 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 Replacern ent EC7200A3B EAN 7254XSQ AC B2F 24 Virtual Services Limited -E6 I OG4 40G PRT 7254XSQ with 48 x, Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports 132F with airflow 1 AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent Attachment D Page 321 of 471 Page 669 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC720OA3F- EAN 7254XSQ AC F2B 24 Virtual Services Limited E6 I OG4 40G PRT 7254XSQ with 48 x, Lifetime IG/10G SFP+ and 6 x Warranty 40G QSFP+ ports F2B with airflow 1 AC PS (no express power cord) (port licensed Advanced version) Hardware Replacern ent EC720OA4B EAN 7254XTQ AC B2F 24 Virtual Services Limited -E6 I OG4 40G PRT 7254XTQ with 48 x Lifetime I OOM/ I G/ I OG RJ45 and Warranty 6 x 40G QSFP+ ports 132F with airflow I AC PS (no express power cord) (port licensed Advanced version) Hardware Replacem ent EC7200A4F- EAN 7254XTQ AC F213 24 Virtual Services Limited E6 I OG4 40G PRT 7254XTQ with 48 x, Lifetime 100M/IG/10G RJ45 and Warranty 6 x 40G QSFP+ ports F2B with airflow 1 AC PS (no express power cord) (port licensed Advanced version) I lardware Replacern ent EC720OBTF- EAN VSP 7200 SPARE FAN VSP 7200 Limited E6 MODULE B217 BACK2FRONTSPARE Lifetime FAN TRAY Warranty with express Advanced Hardware Replacern ent EC7200FTB- EAN VSP 7200 SPARE FAN VSP 7200 Limited E6 MODULE F2B F'RONT213ACK SPARE Lifetime FAN TRAY Warranty with express Advanced I hardware Replacem ent Attachment D Page 322 of 471 Page 670 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC7205AOB EAN VSP 7200 80OW AC PSU VSP 7200 80OW AC Limited -E6 B2F (NO PC) POWER SUPPLY BACK Lifetime TO FRONT (NO POWER Warranty CORD) with express Advanced Hardware Replacern ent EC7205AOF- EAN VSP 7200 80OW AC PSU VSP 7200 80OW AC Limited E6 F2B (NO PC) POWER SUPPLY Lifetime FRONT TO BACK (NO Warranty POWER CORD) with express Advanced Hardware Replacem ent EC7205AIB EAN VSP 7200 460W AC PSU VSP 7200 460W AC Limited -E6 B2F (NO PC) POWER SUPPLY BACK Lifetime TO FRONT (NO POWER Warranty CORD) with express Advanced I lardware Replacern ent EC7205AIF- EAN VSP 7200 460W AC PSU VSP 7200 460W AC Limited E6 F2B (NO PC) POWER SUPPLY Lifetime FRONT TO BACK (NO Warranty POWER CORD) with express Advanced Hardware Replacern ent EC7205EOF- EAN VSP 7200 80OW AC PSU VSP 7200 80OW AC Limited E6 F2B NO PC ERATE POWER SUPPLY Lifetime FRONT TO BACK NO Warranty PWR CORD ERATE with ONLY express Advanced I lardware Replacern ent Attachment D Page 323 of 471 Page 671 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8005001- EAN VSP 7200 8000 80OW DC VSP 7200 8000 80OW DC I Year E6 PSU FT13 COOL POWER SUPPLY FTB Warranty COOLING EC8005A0I- LAN VSP 8000 100240V AC VSP 8000 100240V I Year E6 PSU (No PC) 80OW AC Power Supply Warranty (No power cord) EC8011002- EAN VSP 8K Chas Rek Mnt Kit VSP 8000 Chassis I Year E6 300900mm Universal Slide Rack Warranty Mount Kit (300mm 900mm) EC8011003- EAN VSP 8000 Chassis PS Filler VSP 8000 Chassis Power I Year E6 Panel SUPPI Filler Panel Warranty EC8011004- EAN VSP 8200 CHASSIS VSP 8200 CHASSIS I Year E6 SPARE FAN TRAY SPARE FAN TRAY Warranty EC8011005- EAN VSP 8400 CHASSIS VSP 8400 CHASSIS I Year E6 SPARE FAN MODULE SPARE FAN MODULE Warranty (QUANTITY 1) EC8200A01- EAN VSP 8284XSQ AC PS No Virtual Services Platform Limited E6 PC 8284XSQ with 80 100 Lifetime SFP+ and 4 40G QSFP+ Warranty parts 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. EC8200A01- EAN VSP 8284XSQ AC PS No Virtual Services Platform Limited E6GS PC GSA 8284XSQ with 80 IOG Lifetime SFP+ 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 Trays, ent Pluggable transceivers sold separately, EC8400002- LAN 84040 CHASSIS 4 SLOTS VSP 84000 100E chassis I Year E6 I DC PS with 4 10 module slots I Warranty 800 W DC power supply included EC8400A02- LAN 84040 CHASSIS 4 SLOTS VSP 84000 100E chassis I Year E6 I AC PS NO PC with 4 10 Module slots I Warranty 800 W AC power supply included (No power cord) Attachment D Page 324 of 471 Page 672 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8400A02- EAN 84040 CHASS 4 SLOT I VSP 84000 1000 chassis I Year EGOS AC PS NO PC GSA with 410 Module slots I Warranty 800 W AC power supply included (No power cord) EC8400E02- EAN 84040 CHAS 4 SLOTS I 8404C CHASSIS 4 1 Year E6 AC PS NO PC ERATE SLOT'S I AC PS PWR Warranty CORD ERATE ONLY 4 FANS NO PWR CORD ERATE ONLY EC8404001- EAN 8424XS ESM 24 PORT VSP 8400 24 port I/10G I Year E6 I/100 SFP+ SFP+ 10 Module e Warranty EC8404001- EAN 8424XS 24 PORT I/100 8424XS ESM 24 PORT I Year EGOS SFP+ GSA I/100 SFP+ GSA Warranty VERSION EC8404002- EAN 8424XT ESM VSP 8400 24 port I/100 I Year E6 24x100M/IG/I0G BASET Copper 10 Module Warranty EC8404002- EAN 8424XT 24x100M/IG/I0G 8424XT ESM 24 PORT I Year E6GS BASET (SSA 100M/IG/10G BASET Warranty GSA VERSION EC8404003- EAN 8408QQ ESM 8 PORT 400 VSP 8400 8 port 400 I Year E6 QSFP+ QSFP+ 10 Module Warranty EC8404003- EAN 8408QQ 8 PORT 400 8408QQ ESM 8 PORT I Year EGOS QSFP+ GSA 400 QSFP+ GSA Warranty VERSION EC8404005- EAN 8418XSQESM 16x1/I00 VSP 8400 16 port I/100 I Year E6 SFP+2x400 QSFP+ SFP+ and 2 port 400 Warranty QSFP+ combination 10 Module EC8404005- EAN 8418XSQ 16x1/100 8418XSQ ESM 16 PORT I Year E60S SFP+2x400 QSFP+GSA I/100 SFP+2 PORT 400 Warranty QSFP+ COMBO GSA VERSION EC8404006- EAN 8418XTQ 16 PT' I/100 VSP 8400 16 port I/100 I Year E6 CU2 PT 40G QSFP+ Copper and 2 port 400 Warranty QSFP+ combination 10 Module EC8404006- EAN 8418XTQ 16 1/100 CU2 8418XTQ ESM 16 PORT I Year EGOS 400 QSFP+ GSA I/100 BASET () 2 PORT' Warranty 400 QSFP+ GSA EC8404007- EAN 8424GS 24 PORT VSP 8400 24 port I Year E6 100M/IG SFP 100/1000 Kbps SFP 10 Warranty Module EC8404007- EAN 8424GS 24 PORT 8424GS ESM 24 PORT I Year EGOS 100M/IG SFP GSA 100M/1O SFP GSA Warranty Attachment D Page 325 of 471 Page 673 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8404008- EAN 8424GT 24 PORT VSP 8400 24 port I Year E6 10M/l00M/lG CU 10/100/1000 Mbps Warranty Cay er 10 Module EC8404008- LAN 8424GT 24 PORT 8424GT ESM 24 PORT I Year E6GS 10M/100M/IG CU GSA 10M/100M/IGBASET Warranty GSA EC8404009- EAN 84020Q ESM 2 PORT VSP 8400 2 port I00G- 10 1 Year E6 100G- QSFP28 Module Warranty EC8404009- EAN 8402CQ ESM 2 PORT 8402CQ ESM 2 PORT I Year E6GS 1000 QSFP28 GSA 100G QSFP28 GSA. Warranty TRANSCEIVERS NOT INCL. EC8411002- EAN VSP 8404 ESM FILLER VSP 8400 ETHERNET I Year E6 PANEL SWITCH MODULE Warranty FILLER PANEL EC8602001- EAN VSP8608 Chassis includes VSP8608 Chassis I Year E6 5 Fan Trays includes 5 Fan Trays Warranty EC8602002- EAN VSP8608 Bundle, Incl VSP8608 Bundle, Incl I Year E6 3xSF 4xACPSU 3xSF 4xACPSU Warranty EC8602003- EAN VSP8608 Bundle, Inc] VSP8608 Bundle. Incl I Year E6 3xSF 4xDCPSU 3xSF 4xDCPSU Warranty EC8604001 - EAN VSP8608 Switch Fabric VSP8608 Switch Fabric I Year E6 Module Module required for Warranty Fabric Slots 57 EC8604002- LAN 8624XS 10C 24x1G/10G 8624XS 24 port IG/10G- I Year E6 SF `+ SFP+ IOC Module Warranty EC8604003- EAN 8624XT IOC 8624XT 24 port I Year E6 24x I 00M/l G/l OG BASET l00M/IG/l0G-BASET Warranty IOC Module EC8604004- EAN 8616QQ IOC 16x400 8616QQ 16 port 40G I Year E6 QSFP+ QSFP+ [OC Module Warranty EC8604005- EAN 8606CQ IOC 6x I 00G% 8606CQ 6 port 1000 I Year E6 QSFP28 QSF'P28 IOC Module Warranty EC8605A01- EAN VSP8608 300OW AC PSU VSP8608 300OW AC I Year E6 No Power Cord) PSU No Power Cord) Warranty EC8605AO2- LAN VSP8608 250OW DC PSU VSP8608 250OW DC I Year E6 (No Power Cord) PSU (No Power Cord) Warranty EC8611001- LAN VSP8608 Spare Fan VSP8608 Spare Fan I Year E6 Module Module Warranty EC8611002- LAN VSPS608 Spare IOC Filler VSP8608 Spare IOC I Year E6 Panel Filler Panel Warranty EC8611003- EAN VSP8608 Spare PSU Filler VSP8608 Spare PSU I Year E6 Panel Filler Panel Warranty EC8611004- EAN VSP8608 Chassis Rack VSP8608 Chassis Rack I Year E6 Mount Kit Mount Kit Warranty Attachment D Page 326 of 471 Page 674 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EC8611005- EAN VSP8608 Cable Guide Kit VSP8608 Cable Guide Kit I Year E6 Warranty EC8611006- EAI VSP8608 PSU Cover VSP8608 PSU Cover I Year E6 Warranty EIO-03 Smart E1003 Underseat Mounting I Year OrnmEdge Solution for AP560i Warranty Wireless EIC) -03 -SP Smart E1003SP Service Panel for No OrnmEdge AP560i/AP560h Warranty Wireless EN- SRA IP ADD ON LICENSE 100 Adds IP management SW Software 11/20/ NTWADV- DEVICES license FOR 100 devices Warranty 2020 IP -100 Prerequisite are IPBASE or INS[ Upgrade or IP Extension minimum of one year support Is reqaired. EN- SRA [P ADD ON LICENSE Adds IP management SW Software 11/20/ NTWADV- 1000 DEVICES license for 1000 devices Warranty 2020 IP -1000 Prerequisite are IPBASE or INM Upgrade or IP Extension minimum of one year support is requir d. EN- SRA IP ADD ON LICENSE 500 Adds IP management SW Software 11/20/ NTWADV- DEVICES license for 500 devices Warranty 2020 IP -500 Prerequisite are IPBASE or IN M Upgrade or IP Extension minimum of one year support is required. EN- SRA IP MGM'I"SWKIT INC IP management SW Software 11/20/ NTWADV- ORDER50DEVICES license for up to 50 Warranty 2020 IP -BASE devices required for initial purchase of IP only management minimum of one year support is reqaired. EN- SRA POWER CORD CHINA POWER CORD CHINA No PC15CIIINA PRC/3/16 TO C19 16A PRC/3/16 TO C19 16A Warranty EN- SRA POWER CORD CHINA POWER CORD CHINA No PC15CIIINA IEC309 TO C19 16A 2 IEC3 09 TO C19 16A 2 Warranty -lEC309 EN- SRA POWER CORD B I 5K Power Cord for RPS4 and No PC15EURO EUROPEAN SIACPWR European Warranty version Attachment D Page 327 of 471 Page 675 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EN- SRA POWER CORD INDIA POWER CORD INDIA No PCIS IA- BS1363 TO C19 13A 2 BS 1363 TO C"19 131 2 Warranty BS1363 EN- SRA POWER CORD INDIA Power cord uses British No PC151NDIA- BS546 TO C19 16A 25 Standard plug for use in Warranty BS546 India (reseller Dfink) and South Africa, EN-PC15UK SPA POWER CORD B15K UK Power Cord for RPS4 and No VERSION SJACPWR United Warranty Kingdom version EN- SRA POWER CORD B I 5K US Power Cord for RPS4 and No PC15USA VERSION SIACPWR USA version Warranty NEMA 520P Plug (20a p) EN- SRA ACCESSORY RPS4 250v Cord for RPS4 and No PC15USA- POWER CORD USA SJACPWR USA version Warranty NEMA615 VERSION NEMA 615P Plug 15a EN-PCAUS SRA PC RPS5/8/9RPSX424 POWER CORD FOR No RPSX448 AUSTRALIA USE IN AUSTRALIA Warranty EN-PCAUS- SRA POWER POWER No EPS CORDAUSTRALlA15A25 CORDAUSTRALIA15A2 Warranty 0V 50V EN -PC- SRA PWRCDC13/Cl4 15A C I 3/C 14 15A Power Cord No C1304 POWER CORD Warranty EN- SRA PC RPS9CHINAI0A PC RPS9CHINAl OA No PCCHINA- 250VAC INPUT 250VAC INPUT Warranty 250 EN- SRA POWER POWER CORD CHINA No PCCIIINA2- CORDCHINAIEC309T0 IEC309 TO Cl 3 10A Warranty IEC309 0131OA250V 250V EN- SRA POWER CORD CHINA Power Cord China No PCCHINA- IEC309 TO C13 10A 1 IEC309 TO C13 10A Warranty IEC309 II0V15M EN- SRA PC FOR RPS2/3/5/9 Power Cord for No PCEURO EUROPEAN VERSION RPS2/3/5/9 European Warranty version EN- SRA POWER POWER No PCEURO- CORDEUR016A250V CORDEUR016A250VC Warranty EPS EE 7/7 EUROPC I 91.8MR6 EN- SRA SINGLE 6 FOOT AC SINGLE 6 FOOT AC No PCINDIA POWER CORD FOR POWER CORD FOR Warranty INDIA INDIA Attachment D Page 328 of 471 Page 676 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EN- SRA POWER POWER No PCINDIA- CORDINDIA16A250V CORDINDIA16A/250V Warranty EPS EN- SRA PWRCD1TALY10A250V2. PWRCDITALYlOA250V No PCITALY- 5MCE1 2316/C13 2.5MCEI 2316/013 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- C19 TO NEMA 515 JAP to NEMA 515 Japan PSE Warranty C 19 certified EN- SRA POWER POWER No PCJAPAN- CORDJAPAN15A250V CORDJAPAN15A250V Warranty EPS EN- SPA POWER POWER CORD SWISS No PCSWISS- CORDSWISSIOA250VHA SEV101 I TO C13 10A Warranty C 1312G -HF LOGENFREE 250V HAL OGENFREE EN-PCUK SRA PC FOR RPS2/3/5/9 UK Power Cord for No VERSION RPS2/3/5/9 United Warranty Kingdom version EN-PCUK- SRA POWER POWER No EPS CORDUK13A250V CORDUK13A250V Warranty EN-PCUSA SRA PC RP S2/3/5/9 U SA NEMA Power Cord for No 515PI0A/125V RPS2/3/5/9 USA version Warranty 910 (10) EN-PCUSA2 SRA POWER CORD USA POWER CORD USA No NEMA515/C13 13A 125V NEMA515/C13 13A Warranty 125V EN-PCUSA- SRA PC F'OR RPS2/3/5/9 USA Power Cord for No 3M VERSIOMMETER RPS2/3/5/9 USA version Warranty NEMA 515P Plug (I 5amp)a EN-PCUSA- SRA POWER CORD IEC Power Cord IEC No C 1902 60320019 TO IEC 60320019 to IEC Warranty 6032002 60320020 250V 20A EN-PCUSA- SRA PW R CRD IEC 60320019 Power Cord IEC No C19L620P LCKNGNEMA L620P 60320019 to locking Warranty Nema L620P 250V 20A EN-PCUSA- SRA POWER CORD FOR Power Cord for use with No NEMA620 SXACPWR2500PoE VOX 8770. NEMA 6/20 Warranty specification, EN-SLX- SRA SLX 9030485 with no PS Extreme SLX 9030485 I Year 9030 -48S -4C and no fans with No Power supplies Warranty No fans Supports 48x I 0GE/l GE + 4x I 00GE/40GE Attachment D Page 329 of 471 Page 677 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EN-SLX- SRA SLX 9030485 AC Front to Extreme SLX 9030485 I Year 9030-48S- Back Airflow Switch AC with Front to Warranty 4C -AC -F Back Airflow Supports 48xI0GE/IGE + 4xI00GE/40GE EN-SLX- SRA SLX 9030485 AC Back to Extreme SLX 9030485 I Year 9030-48S- Front Airflow Switch AC with Back to Warranty 4C -AC -R Front Airflow Supports 48x I OGE/I GE + 4xI00GE/40GE EN-SLX- SRA SLX 9030487 with no PS Extreme SLX 903048T I Year 9030 -48T -4C and no fans IOGBaseT'Switch with Warranty No Power supplies No fans Supports 48x I OGE/ I GE + 4xI000E/40GE EN-SLX- SRA SLX 903048T AC Front to Extreme SLX 903048T I Year 9030-48T- Back Airflow I OGBaseT Switch AC Warranty 4C -AC -F with Front to Back Airflow Supports 48x I OGE/I GE + 4xI00GE/40GE EN-SLX- SRA SLX 903048T AC Back to Extreme SLX 903045 I Year 9030-48T- Front Airflow IOGBaseT Switch AC Warranty 4C -AC -R with Back to Front Airflow Supports 48x I OGE/ I GE + 4x I OOGE/40GE EN-SLX- SRA SLX 9030 Advanced SLX 9030 Advanced Software 9030 -ADV- Feature License Feature License Warranty LIC -P EN-SLX- SRA 24XI0GE+4XI00GE Extreme SLX 9640245 I Year 9640-24S ROUTER Router, Supports Warranty 24xIOGE/I GE + 4xI000E/40GE, (24S+4C sku no Power supplies or Fans) EN-SLX- SRA 24XIOGE+12XI00GE Extreme SLX 9640245 I Year 9640-24S- ROUTER Router, Supports Warranty 12C 24xIOGE/I GE + 12xI000E/40GE. (All ports 24S+ I 2C sku with no Power supplies or Fans) Attachment D Page 330 of 471 Page 678 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. EN-SLX- SRA 24XIOGE+12XI00GE Extreme SLX 964024S I Year 9640-24S- ROUTER AC PRTSD Router AC with Front to Warranty 12C -AC -F INTK Back airflow. Supports 24x I OGE/ I GE + 12xI00GE/40GE.(I Power supply 6 Fans) EN-SLX- SRA 24XIOGE+4X]OOGE Extreme SLX 964024S I Year 9640-24S- ROUTER AC PRTSD Router AC with Front to Warranty AC -F INTIK Back airflow. Supports 24x I OGE/ I GE + 4xI00GE/40GE.(1 Power supply 6 Fans) EN-SLX- SRA EXT SW LICENSE TO Extreme SLX 9640 Ports Software 9640-4C- ENABLE 4 PORT of I OOG on Demand License for 4 Warranty 13OD-P ports of I OOGE/40GE Uplinks EN-SLX- SRA EXTERNAL SW Extreme SLX 9640 Software 9640 -ADV- LICENSE TO ENABLE Advanced Feature License Warranty LIC -P ADV LIC EN -SX- SRA POWER CORD FOR USE POWER CORD FOR No PCAUS IN AUSTRALIA/NEW USE IN Warranty ZEAL AUSTRALIA/NEW ZEAL EWC-INCR- SRA EWC ADDITIONAL 100 Workflow Composer 100 Software 100 TARGETS targets addon Warranty EWC-STD- SRA EWC STI) WITH HA Workflow Composer Software HA -100 Standard Software with Warranty HA includes 100 Targets EXOS- Smart X465 EXOS CORE Feature Core Feature Pack for Software CORE -FP- OmniEdge Pack ExtremeSwitching X465 Warranty X465 Switching EXOS- Smart X465 EXOS MACsec MACsec Feature Pack for Software MACSEC- OmmEdge Feature Pack Extreme Switching X465 Warranty FP -X465 Switching EXOS- Smart X465 EXOS MPLS Feature MPLS Feature Pack for Software MPLS-FP- Omni Edge Pack Extreme Switching X465 Warranty X465 Switching EXOS- Smart X590 EXOS MPLS Feature MPLS Feature Pack for Software MPLS-FP- OmniEdge Pack Extreme Switching X590 Warranty X590 Switching G3G-24TX Fixed L3 G3 I/O CARD 24 TX 2 Li fetime 09/30/ SFP COMBO PORTS Warranty - 2020 NB Delivery G31PV6-LIC Fixed L3 G3 IPV6 ROUTING G3 IPV6 ROUTING Software 08/30/ LICENSE LICENSE Warranty 2024 Attachment D Page 331 of 471 Page 679 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. G3L3-LIC Fixed L3 G3 ADV, ROUTING G3 ADV. ROUTING Software 08/30/ LICENSE PIM OSPF LICENSE PIM OSPF Warranty 2024 VRRP VRRP 13H- 12TX Fixed L2 INDUSTRIAL SWITCH 12 INDUSTRIAL SWITCH I Year 06/30/ PT 10/100 I/O CARD 12 PT 10/100 I/O CARD Warranty 2020 1314252- Fixed L2 FACTORY FACTORY 5 Year 06/30/ 12TX CONFIGURED 131125202 CONFIGURED Warranty 2020 13H 12TX I3 H25202 13HI2TX 1314252- Fixed L2 16 PORT 100BASEEX 16 PORT 100BASEFX 5 Year 06/30/ 16FXM [SERIES SWITCH [SERIES SWITCH Warranty 2020 1311252- Fixed L2 FACTORY FACTORY 5 Year 06/30/ 24TX CONFIGURED 24 PT CONFIGURED 24 PT Warranty 2020 101100 ISERIES 10/100 ISERIES 131-1252- Fixed L2 8 100BASEFX 12TX 8 1 OOBASEFX 12 TX 5 Year 06/30/ SFXN4-12TX [SERIES SWITCH ISERIES SWITCH Warranty 2020 1311-8FX- Fixed L2 INDUSTRIAL SWITCH 8 INDUSTRIAL SWITCH 5 Year 06/30/ NIM PT MMF FX I/O CARD 8 PT MMF FX I/O CARD Warranty 2020 1311 -DIN- Fixed L2 DIN RAIL KIT FOR DIN RAIL KIT FOR No 06/30/ KIT ISERIES SWITCH ISERIES SWITCH Warranty 2022 1311-PWR Fixed L2 24VDC POWER UNIT I Year 06/30/ FOR ISERIES SWITCH Warranty 2020 1 1311 -RACK- Fixed L2 19 RACK MOUNT KIT 19 RACK MOUNT KIT No 06/30/ DINT FOR ISERIES SWITCH FOR ISERIES SWITCH Warranty 2022 IA -A-20 Enterasys IDENTITY ACCESS IDENTITY ACCESS I Year 12/29/ Sentinel APPLIANCE 3000 ES APPLIANCE 3000 ES Warranty 2022 IA -A-300 Enterasys JA HW APPLIANCE FOR IA HW APPLIANCE I Year 12/29/ Sentinel ENTERPRISE FOR ENTERPRISE Warranty 2022 LICENSING LICENSING IA -ES -12K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel LICENSE FOR 12K ES LICENSE FOR 12K ES Warranty IA -ES -1K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel LICENSE FOR 1K ES LICENSE FOR IK ES Warranty IA -ES -3K Enterasys NAC ENTERPRISE NAC ENTERPRISE Software Sentinel LICENSE FOR 3K ES LICENSE FOR 3K ES Warranty IA -GIM- 12K NAC GUESTIOTNINGR NAC Software ONBOARDING 12K GUESTIOTMANAGER Warranty USERS/ES FOR ONBOARDING 12K USERS/ENDSYSTEMS IA -GIM -IK NAC GUESTIOTMNGR NAC Software ONBOARDING IK GUESTIOTMANAGER Warranty USERS/ES FOR ONBOARDING IK USERS/ENDSYSTEMS IA -GIM -3K NAC GUESTIOTMNGR NAC Software ONBOARDING 3K GUESTIOTMANAGER Warranty USERS/ES Attachment D Page 332 of 471 Page 680 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 333 of 471 Page 681 of 1147 FOR ONBOARDING 3K USERS/ENDSY STEMS IA -PA -12K Enterasys [A 12000 ES SEC IA 12000 ES SEC Software Sentinel POSTURE ASSESSMENT POSTURE Warranty LIC ASSESSMENT LIC IA -PA -3K Enterasys [A 3000 ES SEC IA 3000 ES SEC Software Sentinel POSTURE ASSESSMENT POSTURE Warranty LIC ASSESSMENT LIC I-MGBIC- Fixed L2 INDUSTRIAL 1000LX INDUSTRIAL 1000LX I Year GLX SFP SFP Warranty I-MGBTC- Fixed L2 INDUSTRIAL I OOOSX INDUSTRIAL I OOOSX I Year GSX SFP SFP Warranty I-MGBIC- Fixed L2 KM I OOOBASELX MM KM 1000BASE-LX, MM I Year LC03 Warranty KIO- Modular K10 192 PORT TRIPLE Limited 04/30/ 192TRPL- L3 SPEED BUNDLE Lifetime 2024 BUN Switching Warranty - 10 Business Day Ship KIO- Modular KSERIES 10 SLOT KSERIES 10 SLOT Limited 04/30/ CHASSIS L3 CHASSIS AND FAN CI IAS S I S AND FAN Lifetime 2024 Switching TRAY TRAY Warranty - 10 Business Day Ship K10 -FAN Modular K10 FAN TRAY K 10 FAN TRAY Limited 04/30/ L3 Lifetime 2024 Switching Warranty - 10 Business Day Ship KIO-MID- Modular K10 MIDMOUNT KIT I Year 04/30/ KIT L3 Warranty 2024 Switching K6-120SFP- Modular K6 120 PORT SFP Limited 04/30/ BUN L3 BUNDLE Lifetime 2024 Switching Warranty - 10 Business Day Ship K6- Modular KSERIES 6 SLOT KSERIES 6 SLOT Limited 04/30/ CHASSIS L3 CHASSIS AND FAN CHASSIS AND FAN Lifetime 2024 Switching 'FRAY TRAY Warranty - 10 Attachment D Page 333 of 471 Page 681 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 334 of 471 Page 682 of 1147 Business Day Ship K6 -FAN Modular K6 FAN TRAY K6 FAN TRAY Limited 04/30/ L3 Lifetime 2024 switching Warranty - 10 Business Day Ship K6 -MID- Modular K6 MIDMOUNT KIT' I Year 04/30/ KIT L3 Warranty 2024 Switching K -AC -PS Modular KSERIES POWER KSERIES POWER I Year 04/30/ L3 SUPPLY SUPPLY Warranty 2024 Switching K-EOS-L3 Modular ADVANCED ROUTING ADVANCED ROUTING Software 04/30/ L3 LICENSE LICENSE Warranty 2024 Switching K-EOS-PPC Modular KSERIES PER PORT KSERIES PER PORT Software 04/30/ L3 USER CAPACITY USER CAPACITY Warranty 2024 Switching LICENSE LICENSE K. -ECUS -VSB Modular KSERIES VSB LICENSE KSERIES VSB LICENSE Software 04/30/ L3 Warranty 2024 Switching KG2001- Modular K 24 PORT 1G13 SFP IOM K 24 PORT IGB SFP Limited 04/30/ 0224 L3 IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KG2001- Modular K 24 PORT 1GB SFP IOM K 24 PORT IGB SFP Limited 04/30/ 0224-G L3 Tom Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K 4 PORT IOGB SFP+ K 4 PORT IOGB SFP+ Limited 04/30/ 0204 L3 10M IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K6 MGMT/FABRIC W 4 K6 MGMT/FABRIC W 4 Limited 04/30/ 0204-F1 L3 IOGB VIA SFP+ IOGB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Attachment D Page 334 of 471 Page 682 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 335 of 471 Page 683 of 1147 Business Day Ship KK2008- Modular K6 MGMT/FABRIC W 4 K6 MGMT/FAB RIC W 4 Limited 04/30/ 0204 -FIG L3 I OGB VIA SFP+ I OGB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular KI0MGMT/FABRICW4 KIOMGMT/FABRICW Limited 04/30/ 0204-F2 L3 10 F3 VIA SFP+ 4 10G13 VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular KIOMGMT/FABRIC W4 KI0MGMT/FABRICW Limited 04/30/ 0204-F2G L3 I OGB VIA SFP+ 4 1 OGB VIA SFP+ Lifetime 2024 Switching Warranty - 10 Business Day Ship KK2008- Modular K 4 PORT I OGB SFP+ K 4 PORT 10613 SFP+ Limited 04/30/ 0204-G L3 10M IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship K -POE- Modular K EXTERNAL 4 BAY K EXTERNAL 4 BAY I Year 04/30/ 4BAY L3 POWER SHELF POWER SHELF Warranty 2024 Switching K -POE- Modular MOUNTING KIT FOR I Year 04/30/ 4BAY-RAIL L3 KPOE413AY POWER Warranty 2024 Switching SHELF K -POE- Modular K POE POWER TO ITS I Year 04/30/ CBL -2M L3 CHASSIS CABLE 2M Warranty 2024 Switching KT -135628- WING UNIVERSAL UNIVERSAL I Month 01 Wireless MOUNTING IIT FOR MOUNTING KIT FOR Warranty EWLAN APS EWLAN APS Wing KT- 147407- WiNG OUTDOOR AP OUTDOOR AP I Month 09/13/ 01 Wireless MOUNTING MOUNTING Warranty 2020 HARDWARE KIT HARDWARE KIT Wing IST -147407- WING OUTDOOR IIDW KIT SS OUTDOOR MOUNTING I Month 02 Wireless HARSH HARDWARE KIT FOR Warranty ENVIRONMENTS OUTDOOR ACCESS Wing POINTS STAINLESS Attachment D Page 335 of 471 Page 683 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 336 of 471 Page 684 of 1147 STEEL FOR HARSH ENVIRONMENTS KT -150173- WiNG OUTDOOR AP 12 IN EXT OUTDOOR AP 12 IN I Month 01 Wireless ARM FOR MNTG KIT EXT ARM FOR MNTG Warranty KIT Wing KT -153676- WiNG OUTDOOR R,145 OUTDOOR RJ45 I Month 01 Wireless CONNECTOR PLUG KIT CONNECTOR PLUG Warranty KIT Wing KT -158767- WiNG KIT AP7161 VEHICLE KIT AP7161 VEHICLE I Month 01 Wireless MOUNT MOUNT Warranty Wing KT2006- Modular K 24 PORT 10/ 100/ 1000 K 24 PORI" 10/ 100/ 1000 Limited 04/30/ 0224 L3 802.3AT POE TOM 802.3AT POE TOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT2006- Modular K 24 PORT 10/100/1000 K 24 PORT 10/ 100/ 1000 Limited 04/30/ 0224-G L3 802.3AT POE TOM 802.3AT POE IOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT2010- Modular K 24 PORT MINIRJ21 K 24 PORT MINIRJ21 Limited 04/30/ 0224 1-3 802.3AT POE TOM 802.3AT POE TOM Lifetime 2024 Switching Warranty - 10 Business Day Ship KT2010- Modular K 24 PORT MINIRJ21 K 24 PORT MINIRJ21 Limited 04/30/ 0224-G L3 802.3AT POE TOM 8023AT POE TOM Lifetime 2024 Switching Warranty - 10 Business Day Ship IST -6511- WiNG AP4511 Opt 3port Eth Optional threeport I Month 12/01/ OOOOD-WR Wireless Module Ethernet Module for Warranty 2019 AP4511 Wing LBS -CLD- WiNG LBS CLOUD IOOAP I Iyear LBS cloud Software IOOAP-PV- Wireless FEAR PV subscription paperless Warranty TYR voucher for 100 APs LBS -CLD- WiNG LBS CLOUD IOOAP 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 684 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. LBS -CLD- WiNG LBS CLOUD 100AP 5 5year LBS cloud Software IOOAP-PV- Wireless YEAR PV subscription paperless Warranty 5YR voucher for 100 APs LBS -CLD- WiNG LBS CLOUD 10AP I lyear LBS cloud Software I OAP -PV- Wireless YEAR PV subscription paperless Warranty IYR voucher for 10 APs LBS -CLD- WiNG LBS CLOUD IOAP 3 3year LBS cloud Software IOAP-PV- Wireless YEAR PV subscription paperless Warranty 3YR voucher for 10 APs LBS -CLD- WiNG LBS CLOUD IOAP 5 5year LBS cloud Software I OAP -PV- Wireless YEAR PV subscription paperless Warranty 5YR voucher for 10 APs LBS -CLD- WiNG LBS CLOUD IAP I YEAR lyear LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty IYR voucher for I AP LBS -CLD- WiNG LBS CLOUD IAP 3 YEAR 3year LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 3YR voucher for I AP LBS -CLD- WiNG LBS CLOUD 1AP 5 YEAR 5year LBS cloud Software IAP -PV- Wireless PV subscription paperless Warranty 5YR voucher for I AP LBS -CLD- WiNG LBS CLOUD I OOOAP I Iyear LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty IYR voucher for 1000 APs LBS -CLD- WiNG LBS CLOUD 1000AP 3 3year LBS cloud Software I KAP -PV- Wireless YEAR PV subscription paperless Warranty 3YR voucher for 1000 APs LBS -CLD- WiNG LB S CLOUD I OOOAP 5 5year LBS cloud Software IKAP-PV- Wireless YEAR PV subscription paperless Warranty 5YR voucher for 1000 APs LBS -CLD- WiNG LBS CLOUD 5AP I YEAR lyear LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty IYR voucher for 5 APs LBS -CLD- WiNG LBS CLOUD 5AP 3 YEAR 3year LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 3YR voucher for 5 APs LBS -CLD- WiNG LBS CLOUD 5AP 5 YEAR 5year LBS cloud Software 5AP-PV- Wireless PV subscription paperless Warranty 5YR Voucher for 5 APs LBS- Smart LBSLVSTSIOOKPVIYR ExtremeLocation Voucher No LVSTS- OmniEdge for 1001 Long Visits for Warranty IOOK-PV- Applicatio I Year IYR ns LBS- Smart LBSLVSTSIMPVIYR ExtremeLocation Voucher No LVSTS-IM- OmniEdge for IM Long Visits for I Warranty PV -1 YR Year Attachment D Page 337 of 471 Page 685 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 338 of 471 Page 686 of 1147 Applicatio ns LBS- Smart LBSLVSTS250KPVIYR ExtremeLocation Voucher No LVSTS- OrnmEdge for 250K Long Visits for Warranty 250K -PV- Applicatio I Year IYR ns LBS- Smart LBSLVSTS50OKPVIYR ExtremeLocation Voucher No LVSTS- OmniEdge for 500K Long Visits for Warranty 50OK-PV- Applicatio 1 Year IYR us LBS- Smart LBSSVSTSIOOKPVIYR ExtremeLocation Voucher No SVSTS- OrnniEdge for 100K Short Visits for Warranty I OOK-PV- Applicatio I Year IYR ns LBS- Smart LBSSVSTSIMPVIYR ExtremeLocation Voucher No SVS'I"S- I M- OmniEdge for IM Short Visits for I Warranty PV-lYR Applicatio Year ns LBS- Smart LBSSVSTS250KPVlYR ExtremeLocation Voucher No SVST'S- OnmiEdge for 250K Short Visits for Warranty 250K -PV- Applicatio I Year IYR ns LBS- Smart LBSSVSTS50OKPVIYR ExtremeLocation Voucher No SVST'S- OnmiEdge for 5001,'- Short Visits for Warranty 500K -PV- Applicatio I Year IYR ns MBO- Smart MBOART02 MBOART02 Articulating I Year ART02 OmniEdge Mtg Brkt Warranty Wireless MGBIC-02 Modular I OOOBASET RJ45 MINI I OOOBASE-T, RJ45 MINI I Year Interfaces GBIC GBIC Warranty MGBIC-08 Modular MINI GBIC MINI GBIC I OOOBASE- I Year Interfaces I OOOBASEELX (70KM) I ELX (70K - M) 1 LC PORT Warranty LC PORT MGBIC- Modular I OOBASET SFP I Year 12/31/ 100T Interfaces Warranty 2021 MGBIC- Modular 1000BASEBXIOD 1000BASE-BXIO-D I Year BXIO-D Interfaces BIDIRECTIONAL SFP BIDIRECTIONAL SFP Warranty MGBIC- Modular 1000BASEBXIOU 1000BASE-BXI0-U I Year BX I O -U Interfaces BIDIRECTIONAL SFP BIDIRECTIONAL SFP Warranty MGBIC- Modular I000BASEBX120D SFP IOOOBASE-BX120-D I Year BX I 20-D Interfaces SFP Warranty MGBIC- Modular I OOOBASEBX I 20IJ SFP IOOOBASE-BX120-U I Year BX120-U Interfaces SFP Warranty MGBIC- Modular I OOOBASEBX40D SFP IOOOBASE-BX40-D SFP I Year BX40-D Interfaces Warranty Attachment D Page 338 of 471 Page 686 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. MGBIC- Modular IOOOBASEBX40U IOOOBASE-BX40-U I Year BX40-U Interfaces BIDIRECTIONAL SFP BIDIRECTIONAL SFP Warranty MGBIC- Modular MINI GBIC I OOOBAS ESX MINI GBIC I Year LCOI Interfaces W/ I LC MM PORT 1000BASESX W/ 1 LC Warranty MM PORT MGBIC- Modular I GB SX MM SFP TAA IGB SX MM, SFP, TAA I Year LCOI-G Interfaces Warranty MGBIC- Modular MINI GBIC I OOOBASEFX MINI GBIC I OOOBASE- I Year LC03 Interfaces W/ I LC MM PT 2 M FX W/ I LC MM PT - Warranty 2KM MGBIC- Modular 100 BA SEFX MM 131 ONM I OOBASE-FX, MM, I Year LC04 Interfaces 2 KM LC SFP 1310NM 2 KM, LC SFP Warranty MGBIC- Modular 24 PACK MGBICLCO4 24 PACK MGBIC-LCO4 I Year LC04-24PK Interfaces Warranty MGBIC- Modular 48 PACK MGBICLCO4 48 PACK MGBIC-LCO4 I Year LC04-48PK Interfaces Warranty MGBIC- Modular 96 PACK MGBICLCO4 96 PACK MGBIC-LCO4 1 Year LC04-96PK Interfaces Warranty MGBIC- Modular IOOBASELXIO SM I OOBASE-LX 10, SM, I Year LC05 Interfaces 13 IONM 10 KM LC SFP 13 1 ONM, 10 KM, LC SFP Warranty MGBIC- Modular IGB802.3 SM1550 NMI 10 IGB,802.3 SM,1550 I Year LC07 Interfaces KMLC SFP NMI I 10 KM,LC SFP Warranty MCMC® Modular MINI GBIC I OOOBAS ELX MINI GBIC I Year LC09 Interfaces W/ I LC SM PORT I OOOBASELX W/ I LC Warranty SM PORT MGBIC- Modular I GB LX SM SFP TAA ICT LX SM, SFP, TAA I Year LC09-G Interfaces Warranty ML -1499- WING LLC CableJump 10 10 ft LowLoss coaxial I Month I OJK-0 1 R Wireless cablejuimper N Male to N Warranty Male Wing ML -1499- WING LLC CableJump 25 25 ft LowLoss coaxial I Month 25JK-OIR Wireless cable jumper N Male to N Warranty Male with 2 connector Wing seal kits ML -1499- WING LLC CableJump 50 50 ft LowLoss coaxial 3 Month 06/30/ 50JK-OIR Wireless cable e jumper N Male to N Warranty 2020 Male with 2 connector Wing seal kits ML -1499- WING KITANTENNA KITANTENNA I Month SD3MK-OIR Wireless MOUNTFOR MOUNTFOR Warranty ML2499SD301 ML2499SD301 Wing ML -2452- WING Dipole Omni 3.2/4.9 dBi Antenna 2.4/5 GHz I Month APA2-01 Wireless BLK Indoor Type Dipole Warranty (Paddle) Gain Wing 3d131/2.4GIlz 4dBi/5GI Iz Beam Width EPlane 35 Attachment D Page 339 of 471 Page 687 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 340 of 471 Page 688 of 1147 degrees HPlane 360 degrees Connector RPSMA Male ML -2452- WiNG Dipole O 3.2/4.9 dBi ANT2.45GHZDBANDDP I Month APA2-02 Wireless White 67 DBIRPSMAWIIT Warranty Wing ML -2452- WiNG ANTDIPOLEGN2DBI2.4G ANTDIPOLEGN2DBI2.4 I Month APAG2AI- Wireless HZIDB15GHZBLK GHZIDB15GHZBLK Warranty 01 Wing ML -2452- WiNG Antenna 2G5G3dB Omni Antenna 2G and 5G 3dB; I Month APAG2A I - Wireless White Omni for indoor White Warranty 02 Color Wing ML -2452- WiNG Antenna outdoor 2G5G3dB Antenna 2G and 5G I Month HPA5-036 Wireless Omni 3dBOmm directional Warranty Dipole for outdoor use Wing ML -2452- WiNG ANTDUAL BAND 6 DBI ANTDIJAL BAND 6 DBI I Month HPA6-01 Wireless ANTENNA ANTENNA Warranty Wing ML -2452- WiNG ANT 6 DUAL ELEMENT ANT 6DUAL I Month HPA6M6- Wireless OMN ANTENNA ELEMENT OMN Warranty 072 ANTENNA Wing ML -2452- WiNG ANT 6 PORT OMNI ANT 6 PORT OMNI I Month HPA6X6- Wireless ANTENNA ANTENNA Warranty 036 Wing ML -2452- WiNG ANTDP4.ODBI ANTDP4.ODBI I Month HPAG4A6- Wireless 2.4GIIZ7.ODBI 5GHZ 2AGHZ7.0DBI 5GIIZ Warranty 01 Wing ML -2452- WiNG ANTDP4.5DBI ANT[ P4.5DBI I Month HPAG5A8- Wireless 2.4GHZ7.5DBI 5GHZ 2AGHZ7.5DBI 5GHZ Warranty 01 Ntype Ntype Wing ML -2452- WiNG 2.4/513 LightAffest 2.4/5 GHz Lightning I Month LATA -01R Wireless Arrestor (N Female to N Warranty Female) with N Male to Wing RPSMA Male adapter ML -2452- WiNG DUAL BAND I° UAL I Month LAKI-0212 Wireless LIGHTNING ARRESTOR LIGHTNING Warranty ARRESTOR Wing ML -2452- WiNG Antenna 25G5dBDIR Antenna 2.4/5 GHz I Month PNA5-OIR Wireless Outdoor Panel 5 dBi Warranty Beam Width EPlane 65 Wing degrees HP]ane 120 degrees Connector Type NMale ML -2452- WiNG Antenna 25G7dBDIR Antenna 2.4/5 GHz I Month PNA7-01 R Wireless Outdoor Panel 7 dBi Warranty Beam Width EPlane 66 Wing Attachment D Page 340 of 471 Page 688 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 341 of 471 Page 689 of 1147 degrees HPlane 68 degrees Connector Type NMale ML -2452- WiNG DUALBAND DUAL DUALBAND DUAL I Month PNL3M3-1 Wireless POLARIZED SECTOR POLARIZED SECTOR Warranty ANTENNA ANTENNA Wing ML -2452- WiNG ANT3 PORT' ISL PANEL ANT3 PORT DUAL I Month PNL6M3- Wireless 36 IN CBL NMALE BAND PANEL Warranty N36 ANTENNA WITH 36 Wing INCH CABLE AND NMALE CONNECTOR ML -2452- WiNG ANT NRW BEAM DUAL POLARIZED I Month PNL6M4- Wireless DIR36IN CBL NMALE DUAL BAND NARROW Warranty N36 CONN BEAM DIRECTIONAL Wing ANTENNA WITH 36 INCH CABLE AND NMALE CONNECTOR ML -2452- WiNG ANT MIMO DUAL BAND ANT MIMO DEAL I Month PNL9M3- Wireless SECTOR AND SECTOR Warranty 036 Wing ML -2452- WiNG ANT3 PORI' DUAL ANT3 PORT DUAL I Month PNL9M3- Wireless BAND PANEL BAND PANEL Warranty N36 ANTENNA ANTENNA Wing ML -2452- WiNG ANT 2 PORT DUAL ANT 2 PORT DUAL I Month PTA2M2- Wireless BAND PATCH BAND PATCH Warranty 036 ANTENNA ANTENNA Wing ML -2452- WiNG AP7131 3 PORT MIMO AP7131 3 PORT MIMO I Month PTA3M3- Wireless ANTENNA 361N PIGTAIL ANTENNA 361N Warranty 036 PIGTAIL Wing ML -2452- WiNG ANT802.11 ABGN 3X3 ANT802. 11 ABGN 3X3 3 Month 12/26/ PTA4M3X3- Wireless MIMO, RFS4011 MIMO RF S4011 Warranty 2020 1 Wing ML -2452- WiNG ANTENNA PATCH4 ANTENNA PATCH4 I Month PTA4M4- Wireless DUAL ELEMENT DUAL ELEMENT Warranty 036 INDOOR INDOOR Wing ML -2452- WiNG ANT 6 PORT PATCH ANT 6 PORT PATCH I Month PTA6M6- Wireless ANTENNA ANTENNA Warranty 036 Wing ML -2452- WiNG ANT 6 PORT PATCH ANT 6 PORT PATCH I Month PTA6X6-036 Wireless ANTENNA ANTENNA Warranty Wing ML -2452- WiNG ANT3 PORT ISL SECTOR ANT3 PORT DUAL I Month SEC6M3- Wireless 36 IN CBL NMALE BAND SECTOR Warranty N36 ANTENNA WITH 36 Wing INCH CABLE AND NMALE CONNECTOR Attachment D Page 341 of 471 Page 689 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ML -2452- WING ANT WIDE BEAM DUAL POLARIZED I Month SEC6M4- Wireless DIR36IN CBL DUAL BAND WIDE Warranty 036 RPSMAMALE BEAM DIRECTIONAL Wing ANTENNA WITH 36 INCH CABLE AND RPSMAMALE CONNECTOR ML -2452- WING ANT DUAL SECTOR DUAL BAND SECTOR I Month SEC6M4- Wireless WITH 30IN CBL N CONN WITH 30 INCH CABLE Warranty N30 AND N CONNECTORS Wing ML -2452- WING ANT WIDE BEAM DUAL POLARIZED I Month SEC6M4- Wireless DlR361NCBI, NMALE DUAL BAND WIDE Warranty N36 CONN BEAM DIRECTIONAL Wing ANTENNA WITH 36 INCH CABLE AND NMALE CONNECTOR ML -2452- WiNG ANT 3 DUAL BAND ANT 3 DUAL BAND I Month VMM3M3- Wireless ELEMENTS VMM ELEMENTS VMM Warranty 036 ANTENNA ANTENNA Wing ML -2452- WiNG 3 PORT' DUAL, BAND 3 PORT DUAL BAND I Month VMM5M3- Wireless VMM ANTENNA VMM ANTENNA Warranty N72 Wing ML -2499- WiNG ANT2.4GHZ7DBIINDOO ANT2.4GHZ7DBIINDO 3 Month 12/31/ 7PNA2-01R Wireless R65 DEGREE PNL OR65 DEGREE PNL Warranty 2013 Wing ML -2499- WING Antenna 2GI 4dBDir Antenna 2.4 GHz Outdoor 3 Month 06/30/ BYGA2-01R Wireless Type Yagi Gain (Net) Warranty 2020 14.2dBi (13.9dBi) Beam Wing Width EPlane 30 degrees HPIane 35 degrees Cable 12 inches Connector Type N Female ML -2499- WiNG Antenna 2G5dBOmni Antenna 2.4 GHz Outdoor I Month FHPA5-0IR Wireless Type Dipole Array (Pipe) Warranty OmniDirectional 5 dBi Wing Beam Width EPlane 25 degrees HPlane 360 degrees Connector type N Male ML -2499- WING Antenna 2G9dBOmn I Antenna 2.4 G11z Outdoor 3 Month 06/30/ FHPA9-0IR Wireless Type Dipole Array (Pipe) Warranty 2020 OmniDirectional 9 dB1 Wing Beam Width EPlane 14 degrees HP]ane 360 degrees Connector type N Male Attachment D Page 342 of 471 Page 690 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. ML -2499- WING ANT 2.4GHZ 3.3DBI ANT 2AGIIZ 3.3DI31 I Month HPA3-0212 Wireless DIPOLE ANTENNA DIPOLE ANTENNA Warranty Wing ML -2499- WING ANTENNA OUTDOOR Outdoor Rated Type I Month IIPA4-01 Wireless 4dBi 2AGIIZ Dipole Gain 4dB1 Warranty 2AGHz Connector NMale Wing ML -2499- WING ANTENNA OUTDOOR Environment Outdoor I Month HPAS-01 Wireless 8dBi 2.4GHZ Rated Type Dipole Gain 8 Warranty dB I 2AGE[z Connector Wing NMale ML -5299- WiNG ANT5.5 G11Z DP ANT5.5 GIIZ DP I Month APAI-0112 Wireless AJ2DBICBL OSMARPF AJ2DB[CBL OSMARPF Warranty Wing ML -5299- WING Antenna 5G6d13Omn1 Antenna 5 GHz Outdoor I Month FHPA6-01R Wireless Type Dipole Array (Pipe) Warranty Oratudirectional 6 dBi Wing Beam Width EPIane 16 degrees HPlane 360 degrees NMale connector type ML -5299- WING ANTENNA OUTDOOR Environment Outdoor I Month HPAIO-01 Wireless lOdBi 5GHZ Rated Type Dipole Gain Warranty 10 dBi 5.OGHz4.9GHz Wing Connector NMale ML -5299- WING Antenna 5G5dBOrnm Antenna 5 GHz Outdoor I Month HPAI-OIR Wireless Type Dipole Array (Pipe) Warranty Gain (Net) 5.9dBi (5dBi) Wing Beam Width EPlane 17 degrees HPlane 360 degrees Cable 36 inches Connector RPSMA Mate ML -5299- WING ANTENNA Outdoor Rated Type I Month HPA5-01 Wireless OUTDOOR5dBi 5GHZ Dipole Gain 5dB1 5.OGHz Warranty Connector NMale Wing NIL -5299- WiNG Antenna 5G13dBDir Antenna 5 GHz Outdoor 3 Month 06/30/ WPNA1-01R Wireless Type Panel Gain (Net) Warranty 2020 14.2d13i (13dBi) Beam Wing Width EPIane 27 degrees HPlane 31 degrees Cable 36 inches Connector RPSMA Male MOD- WING SENSOR MODULE SENSOR MODULE I Month 07/13/ 8XXX- Wireless AMBIENT AMBIENT Warranty 2022 0001E -WW ENVIRONMENT ENVIRONMENT Wing Mux- Modular CWDM MUX 4 1 Year 05/30/ CWDM-01 Interfaces CHANNEL OBAND Warranty 2024 Attachment D Page 343 of 471 Page 691 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. MUX- Modular RACK MOUNT PANEL RACK MOUNT PANEL, I Year 12/31/ RACK -01 Interfaces I U I U Warranty 2024 N1131-32- SRA NETIRON XMR/MLX NetIron XMR/MLX and I Year FLTR BIGIRON RX32 AIR TILT BigIron RX32 air filters Warranty for 32slot chassis 2 filter kit N1131-32- SRA 32S LOT NETIRON 32Slot NetIron I Year PSFAN XMR/MLX BIGIRON XMR/MLX and BigIron Warranty RX SPA RX spare power supply fan (I fan) NI-CE2000- SRA SPARE FAN TRAY FOR Spare fan tray for Netlron 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-ADVU FOR NI CER 24PORT Premium upgrade for Warranty RTR NetIron CER 2000 24port routers (NetIron CER 20240 Nertron CER 2024F) NI -CER- SRA S/WPPADV SRVS PREM Advanced Services Software 2024- LIC CER 24PORT RTR Premium software Warranty ADVU-SW upgrade for Nedron CER 2000 24port routers (NetIron CER 20240 NetIron CER 2024F) NI -CER- SRA S/WPPADV SRVS PREM Advanced Services Software 2048- LIC CER 48PORT RTR Premium software Warranty ADVU-SW upgrade for N€ Bron CER 2000 48port routers (NetIron CER 20480 NetIron CER 2048F NetIron CER 2048CX NetIron CER 2048FX) NI -CES- SRA S/WPPL3 PREM LIC CES Layer 3 Premium software Software 2024-L3U- 24PORT SWITCHES upgrade for NetIron CES Warranty SW 2000 24port switches (NetIron CES 20240 NetIron CES 2024E) NI -CES- SRA S/WPPME PREM LIC CES Metro Edge Premium Software 2024-MEU- 24PORT SWITCHES software upgrade for Warranty SW NetIron CES 2000 24port switches (NetIron CES 20240 NetIron CES 2024F) Attachment D Page 344 of 471 Page 692 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NI -CES- SRA S/WPPL3 PREM LIC CES Layer 3 Premium software Software 2048-L3U- 48PORT SWITCHES upgrade for NetIron CES Warranty SW 2000 48port switches (Netlron CES 20480 NetIron CES 2048F NetIron CES 2048CX Neth -on CES 2048FX) NI -CES- SRA S/WPPME PREM LIC CES Metro Edge Premium Software 2048-MEU- 48PORT SWITCHES software upgrade for Warranty SW Nettron CES 2000 48port switches (NetIron CES 20480 NetIron CES 2048F NetIron CES 2048CX Net1ron CES 2048FX) NI -MLX- SRA NI MLX 8PORT I OGRE Brocade MLX Series I Year IOGX8-M (M) SFPP MODULE eight (8)port I OGbE (M) Warranty module with lPv4/[Pv6/MPLS hardware support requires SFPP optics. Supports 512K IPv4 routes in FIB. Requires high speed switch fabric modules NI -X-16-8- SRA MLX/XMR 16 8SLOTHI MLXe/MLX/XMR high gh I Year HSF SPEED FABRIC MOD speed switch fabric Warranty module for 8slot and 16slot chassis NI -X-16- SRA NI XMR/MLX 16SLOT Netfi-on XMR/MLX air I Year FLTR AIR FILTER filter for 16slot chassis Warranty NI -X-32- SRA NI MLXE/XMR/MLX MLXe/MLX/XMR high I Year HSF HIGH SPEED SF32SL speed switch fabric Warranty CHAS module for 32slot chassis NI -X-4- SRA NI XMRJMLX 4SLOT AIR Neth -on XMR/MLX air I Year FLTR FILTER filter for 4slot chassis Warranty NI-X-4-HSF SRA MLX/XMR 4S LOT HI MLXe/MLX/XMR high I Year SPEED FABRIC MOD speed switch fabric Warranty module for 4slot chassis NI -X-8- SRA NI XMR/MLX 8SLOT AIR NetIron XMR/MLX air I Year FLTR FILTER filter for 8slot chassis Warranty NI-X-IPNL SRA NETIRON XMR/MLX Nettron XMR/MLX I Year INTERFACE MODULE Series interface module Warranty PANEL blank panel NI-X-MPNL SRA NETIRON XMR/MLX Netfi-on XMR/MLX I Year MANAGEMENT Series management Warranty MODULE PANEL module blank panel Attachment D Page 345 of 471 Page 693 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NI -X- SRA NETIRON XMR/MLX Neth -on XMR/MLX I Year PWRPNL POWER SUPPLY PANEL power supply blank panel Warranty FOR I for 16 and 8slot chassis NI -X- SRA NIXMR/MLX 4SLOT' NetIron XMR/MLX I Year PWRPNL-A CHASSIS POWER power supply blank panel Warranty SUPPLY B for 4slot chassis NI -X- SRA NIXMR/MLX 4SLOT Netlron XMR/MLX I Year SFIPNL CHASSIS SWITCH switch fabric module Warranty FABRIC blank panel for 4slot chassis NI -X- SRA NETIRON XMR/MLX Neth -on XMR/MLX I Year SF3PNL SWITCH FABRIC switch fabric module Warranty BLANK PANE blank panel for 16 and 8slot chassis NMS -10 Network NMS 10 DEVICES / 100 NMS 10 DEVICES / 100 Software Manageme THIN APS THIN APS Warranty nt NMS -100 Network NMS 100 DEVICES NNIS 100 DEVICES Software Manageme 1000 THIN APS 1000 THIN APS Warranty nt NMS -100- Network LICENSE UPGRADE LICENSE UPGRADE Software A100 -UG Manageme NMSIOO TO NNIS 100 TO Warranty nt NMSADVIOO NMSADVIOO NMS -100- Network UPGRADE NMS50 TO UPGRADE NMS50 TO Software UG Manageme NMSIOO NNIS 100 Warranty nt NMS -10- Network LICENSE UPGRADE LICENSE UPGRADE Software A10 -UG Manage rne NMS 10 TO NMSADVIO NMS 10 TO NMSADV 10 Warranty nt NMS -10 -UG Network UPGRADE NMS5 TO UPGRADE NMS5 TO Software Manageme NMSIO NNIS 10 Warranty nt NMS -25 Network NNIS 25 DEVICES/ 250 NMS 25 DEVICES/ 250 Software Manageme THIN APS THIN APS Warranty nt NMS -250 Network NMS 250 DEVICES NNIS 250 DEVICES/ Software Manageme 2500 THIN APS 2500 THIN APS Warranty nt NMS -250- Network LICENSE UPGRADE LICENSE UPGRADE Software A250 -UG Manage NMS250 TO NMS250 TO Warranty nt NMSADV250 NMSADV250 NMS -250- Network UPGRADE NMS 100 TO UPGRADENMS100TO Software UG Manageme NMS250 NMS250 Warranty nt Attachment D Page 346 of 471 Page 694 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -25- Network LICENSE UPGRADE LICENSE UPGRADE Software A25 -UG Manageme NMS25 TO NMSADV25 NMS25 TO NMSADV25 Warranty nt NMS -25 -UG Network UPGRADE NMS 10 TO UPGRADE NMS 10 TO Software Managerne NMS25 NMS25 Warranty nt NMS -5 Network NMS 5 DEVICES/ 50 NMS 5 DEVICES / 50 Software Manage THIN APS THIN APS Warranty nt NMS -50 Network NMS 50 DEVICES/ 500 NMS 50 DEVICES/ 500 Software Managerne 'IT [IN APS THIN APS Warranty nt NMS -500 Network NNIS 500 DEVICES/ NMS 500 DEVICES/ Software Managerne 5000 THIN APS 5000 THIN APS Warranty nt NMS -500- Network LICENSE UPGRADE LICENSE UPGRADE Software A500 -UG Manageme NMS500 TO NMS500 TO Warranty nt NMSADV500 NMSADV500 NMS -500- Network UPGRADE NMS250 TO UPGRADE NMS250 TO Software UG Manage NMS500 NMS500 Warranty nt NMS -50- Network LICENSE UPGRADE LICENSE UPGRADE Software A50 -UG Manage NMS50 TO NMSADV50 NMS50 TO NMSADV50 Warranty nt NMS -50 -UG Network UPGRADE NMS25 TO UPGRADE NMS25 TO Software Manage NMS50 NMS50 Warranty nt NMS -5-A5- Network LICENSE UPGRADE LICENSE UPGRADE Software UG Manage NMS5 TO NMSADV5 NMS5 TO NMSADV5 Warranty nt NMS -A-100- Network LICENSE UPG LICENSE UPGRADE Software UG Manageme NMSADV50 TO NMSADV50 TO Warranty nt NMSADV100 NMSADV10 NMS -A- 10- Network LICENSE UPGRADE LICENSE UPGRADE Software UG Manage NMSADV5TO NMSADV5TCS Warranty nt NMSADV 10 NMSADVI 0 NMS -A-250- Network LIC UPGRADE LIC UPGRADE Software UG Manage NMSADV 100 TO NMSADV 100 TO Warranty nt NMSADV250 NMSADV250 NMS -A-25- Network LICENSE UPGRADE LICENSE UPGRADE Software UG Manage rne NMSADV10 TO NMSADVIOTO Warranty nt NMSADV25 NMSADV25 NMS -A-500- Network LIC UPGRADE LIC UPGRADE Software UG Manage NMSADV250 TO NMSADV250 TO Warranty nt NMSADV500 NMSADV500 Attachment D Page 347 of 471 Page 695 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -A-50- Network LICENSE UPGRADE LICENSE UPGRADE Software UG Manage NMSADV25 TO NMSADV25 TO Warranty nt NMSADV 50 NMSADV50 NMS -ADV- Network NMSADV 10 NMSADV 10 Software 10 Managerne DEVICES/ 100 APS DEVICES/100 APS Warranty nt NMS -ADV- Network NMSADV 100 NMSADV 100 Software 100 Manage DEVICES/1000 APS DEVICES/1000 APS Warranty nt NMS -ADV- Network MSADV 25 MSADV 25 Software 25 Manageme DEVICES/250 APS DEVICES/250 APS Warranty nt NMS -ADV- Network NMSADV 250 NMSADV 250 Software 250 Managerne DEVICES/2500 APS DEVICES/2500 APS Warranty nt NMS -ADV- Network NMSADV 5 DEVICES/50 NMSADV 5 Software 5 Manage APS DEVICES/50 APS Warranty nt NMS -ADV- Network NMSADV 50 NMSADV 50 Software 50 Manage DEVICES/500 APS DEVICES/500 APS Warranty nt NMS -ADV- Network MSADV 500 MSADV 500 Software 500 Manage DEVICES/5000 APS DEVICES/5000 APS Warranty nt NMS -ADV- Network NMSADV U DEVICES/C7 NMSADV U Software U Manageme APS DEVICES/`U APS Warranty nt NMS -A -U- Network LIC UPGRADE LIC UPGRADE Software UG Manage NMSADV500 TO NMSADV500 TO Warranty nt NMSADVU NMSADVU NMS -13100- Network UPGRADE NMSBASE 100 UPGRADE Software 100 -UG Manageme TO NMS 100 NMSBASEIOO TO Warranty nt NMS IOO NMS -B-100- Network UPGRADE NMSBASE50 UPGRADE Software UG Manage TO NMSBASE 100 NMSBASE50 TO Warranty nt NMSBASE100 NMS -1310- Network UPGRADE NMSBASEIO UPGRADE Software 10 -UG Manage TO NMSIO NMSBASE 10 TO Warranty nt NMS IO NMS -13250- Network UPGRADE NMSBASE250 UPGRADE Software 250 -UG Manage rne TO NMS250 NMSBASE250 TO Warranty nt NMS250 NMS -B-250- Network UPGRADE NMSBASEIOO UPGRADE Software UG Manage TO NMSBASE250 NMSBASE 100 TO Warranty nt NMSBASE250 Attachment D Page 348 of 471 Page 696 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -1325- Network UPGRADE NMSBASE25 UPGRADE Software 25 -UG Manage TO NMS25 NMSBASE25 TO Warranty nt NMS25 NMS -B-25- Network UPGRADE NMSBASE10 UPGRADE Software UG Managerne TO NMSBASE25 NMSBASEIO TO Warranty nt NMSBASE25 NMS -13500- Network UPGRADE NMSBASE500 UPGRADE Software 500 -UG Manage TO NMS500 NMSBASE500 TO Warranty nt NMS500 NMS -B-500- Network UPGRADE NMSBASE250 UPGRADE Software UG Manageme TO NMSBASE500 NMSBASE250 TO Warranty nt NMSBASE500 NMS -1350- Network UPGRADE NMSBASE50 UPGRADE Software 50 -UG Managerne TO NMS50 NMSBASE50TO Warranty nt NMS50 NMS -B-50- Network UPGRADE NMSBASE25 UPGRADE Software UG Manage TO NMSBASE50 NMSBASE25 TO Warranty nt NMSBASE50 NMS -BASE- Network BASE NMS 10 DEVICES BASE NMS 10 Software 10 Managerne / 100 THIN APS DEVICES / 100 THIN Warranty nt APS NMS -BASE- Network BASE NMS 100 BASE NMS 100 Software 100 Manage DEVICES / 1000 THIN DEVICES / 1000 TITIN Warranty nt APS APS NMS -BASE- Network BASE NMS 25 DEVICES BASE NNIS 25 Software 25 Manageme / 250 THIN APS DEVICES / 250 THIN Warranty nt APS NMS -BASE- Network BASE NMS 250 BASE NMS 250 Software 250 Manage DEVICES / 2500 THIN DEVICES / 2500 THlN Warranty nt APS APS NMS -BASE- Network BASE NNIS 50 DEVICES BASE NMS 50 Software 50 Manageme / 500 THIN APS DEVICES / 500 THIN Warranty nt APS NMS -BASE- Network BASE NMS 500 BASE NMS 500 Software 500 Manage DEVICES / 5000 THIN DEVICES / 5000 THIN Warranty nt APS APS NMS -BASE- Network BASE NMS U DEVICES/ BASE NMS UDEVICES Software U Manage U THIN APS l U THIN APS Warranty nt NMS -B -U- Network UPGRADE NMSBASE500 UPGRADE Software UG Manage rne TO NMSBASEU NMSBASE500 TO Warranty nt NMSBASEU NMS -BU -U- Network UPGRADE NMSBASEU UPGRADE NMSBASEU Software UG Manage TO NMSU TO NMSU Warranty nt Attachment D Page 349 of 471 Page 697 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NMS -K-12 Network NETSIGHT FOR K12 NETSIGHT FOR K12 Software Manage Warranty nt NMS -U Network NNIS U DEVICES/ U NMS U DEVICES / U Software Manage THIN APS TI [IN APS Warranty nt NMS -U -AU- Network LICENSE UPGRADE LICENSE UPGRADE Software UG Manage FROM NMSU TO FROM NMSU TO Warranty nt NMSADVU NMSADVU NMS -U -UG Network UPGRADE NMS500 TO UPGRADE NMS500 TO Software Manageme NMSU NMSU Warranty nt NS -A-20 Network NETSIGHT APPLIANCE NETSIGHT APPLIANCE I Year 12/29/ Managerne REQUIRES LICENSE REQUIRES LICENSE Warranty 2022 nt NS -USER Network NETSIGHT NETSIGHT Software 03/30/ Manage ADDITIONAL ADDITIONAL Warranty 2020 nt CONCURRENT CLIENT CONCURRENT CLIENT NX -4500- WiNG NX4500 TIERED AP NX4500 TIERED AP Software AP -12 Wireless LICENSE (COUNT 12) LICENSE (COUNT 12) Warranty NX -4500- WiNG NX4500 TIERED AP NX4500 TIERED AP Software AP -24 Wireless LICENSE (COUNT 24) LICENSE (COUNT 24) Warranty NX -4500- WiNG NX4500 TIERED AP NX4500 TIERED AP Software AP -48 Wireless LICENSE (COUNT'48) LICENSE (COUNT 48) Warranty NX -4500- WiNG LICENSECONTENT LICENSECONTENT Software CACII-LIC Wireless CACHE FOR NX45XX CACHE FOR NX45XX Warranty NX -5500- WiNG NX5500 SERVICES NX5500 SERVICES I Year 100[Z0- VIZ Wireless PLATFORM PLATFORM Warranty Wing NX -5500- WiNG LICENSE 12 8X AP LICENSE 128X AP Software ADP -128 Wireless LICENSE PACK FOR LICENSE PACK FOR Warranty NX5500 NX5500 NX -5500- WiNG LICENSE16X AP LICENSE16X AP Software ADP -16 Wireless LICENSE PACK FOR LICENSE PACK FOR Warranty NX5500 NX5500 NX -5500- WiNG LICENSE64X AP L1CFNSE64X AP Software ADP -64 Wireless LICENSE PACK FOR LICENSE PACK FOR Warranty NX5500 NX5500 NX5500E- WiNG NX5500E EXPRSS NX5500E EXPRESS I Year 04/17/ 1 OORO- Wireless MANAGERS PLATFORM MANAGERS Warranty 2023 APME APAC PLATFORM APAC Wing REGION NX -5500E- WiNG EXPRESS MANAGER EXPRESS MANAGER I Year 04/17/ 100R0 -WR Wireless PLATFORM PLATFORM Warranty 2023 Wing Attachment D Page 350 of 471 Page 698 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX -6500- WiNG NX6500 TIERED AP NX6500 TIERED AP Software AP -12 Wireless LICENSE (COUNT 12) LICENSE (COUNT 12) Warranty NX -6500- WiNG NX6500 TIERED AP NX6500 TIERED AP Software AP -24 Wireless LICENSE (COUNT 24) LICENSE (COUNT 24) Warranty NX -6500- WiNG NX6500 TIERED AP NX6500 TIERED AP Software AP -48 Wireless LICENSE (COUNT 48) LICENSE (COUNT 48) Warranty NX -6500- WiNG MCENSECONTENT LICENSECONTFNT Software CACH-LIC Wireless CACHE FOR NX65XX CACHE FOR NX65XX Warranty NX -7500- WiNG NX 7500 2PORT IOG NX 7500 2PORT IOG I Year I OG -NMC Wireless SFP+ NMC MODULE SFP+ NMC MODULE Warranty Wing NX -7500- WiNG NX 7500 4PORT 1G SEP NX 7500 4PORT IG SFE' I Year IG -NMC Wireless NMC MODULE NMC MODULE Warranty Wing NX -7500- WiNG NX 7500 AC POWER NX 7500 AC POWER I Year AC-PSU Wireless SUPPLY SUPPLY Warranty Wing NX -7500- WiNG LICENSENX 7500 1024 LICENSENX 7500 1024 Software ADP -1024 Wireless PACK ADAPTIVE AP PACK ADAPTIVE AP Warranty NX -7500- WiNG LICENSENX 7500 256 LICENSENX 7500 256 Software ADP -256 Wireless PACK ADAPTIVE AP PACK ADAPTIVE AP Warranty I NX -7500- WiNG LICENSENX 7500 64 LICENSENX 7500 64 Software ADP -64 Wireless PACK ADAPTIVE AP PACK ADAPTIVE AP Warranty NX -7500- WiNG LICENSENX 7500 8 LICENSENX 7500 8 Software ADP -8 Wireless PACK ADAPTIVE AP PACK ADAPTIVE AP Warranty NX -7500- WiNG LICENSENX 7500 LICENSENX 7500 Software ADSEC-LIC Wireless ADVANCED SECURITY ADVANCED Warranty SECURITY NX -7500- WiNG NX 7500 DC POWER NX 7500 DC POWER I Year DC-PSU Wireless SUPPLY SUPPLY Warranty Wing NX -7500- WiNG NX 7530 5000B SPARE NX 7530 500G13 SPARE I Year HD-50OGB Wireless HARD DRIVE HARD DRIVE Warranty Wing NX -7500- WiNG NX 7500 MOUNTING KIT NX 7500 MOUNTING I Month RAIL Wireless SLIDING RAILS KIT SLIDING RAILS Warranty Wing NX -7500- WiNG NX 7500 IGBPS LONG NX 7500 1 GBPS LONG I Year SFP-LX Wireless RANGE SEP XCVR RANGE SFP XCVR Warranty Wing NX -7500- WiNG NX 7500 1 OGBPS LONG NX 7500 1 OGBPS LONG I Year SFPPL-LX Wireless RANGE SFP+ XCVR RANGE SFP+ XCVR Warranty Wing NX -7500- WiNG NX 7500 IOGBPS SHORT NX 7500 1 OGBPS I Year SFPPL-SX Wireless RANGE SFP+ XCVR SfJORTRANGE SFP+ Warranty XCVR Wing Attachment D Page 351 of 471 Page 699 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX -7500- WiNG NX 7500 IGBPS SHORT NX 7500 1 GBPS SHORT I Year SFP-SX Wireless RANGE SFP XCVR RANGE SFP XCVR Warranty Wing NX -7510- WiNG NX 7510 INTEGRATED NX 7510 INTEGRATED I Year 100120 -WIZ Wireless SVC PLATFORM SVC PLATFORM Warranty Wing NX7510E- WiNG NX 75 1 OE EXPRESS NX 75 1 OE EXPRESS I Year 04/17/ 10080- Wireless MANAGER PLATFORM MANAGER PLATFORM Warranty 2023 APME APAC APAC REGION Wing NX -7510E- WiNG NX 75 1 OE EXPRESS NX 75 1 OE EXPRESS I Year 04/17/ 100120 -WR Wireless MANAGER PLATFORM MANAGER PLATFORM Warranty 2023 Wing NX -7520- WiNG NX 7520 INTEGRATED NX 7520 INTEGRATED I Year 100120 -WR Wireless SVC PLATFORM SVC PLATFORM Warranty Wing NX -7530- WiNG NX 7530 INTEGRATED NX 7530 INTEGRATED I Year 100R0 -WR Wireless SVC PLATFORM SVC PLATFORM Warranty Wing NX -9000- WiNG LICENSE1024 ADP AP LICENSE 1024 ADP AP Software 1024LIC- Wireless FOR NX 9000 FOR NX 9000 Warranty WR NX -9000- WiNG LICENSERS ADP AP LICENSERS ADP AP Software 12SLIC-WR Wireless FOR NX 9000 FOR NX 9000 Warranty NX -9000- WiNG LICENSES PACK FOR LICENSES PACK FOR Software 8LIC-WR Wireless NX 95XX NX 95XX Warranty NX -9000- WiNG LICENSEADVANCED LICENSEADVANCED Software ADVSEC- Wireless SECURITY FOR NX 9000 SECURITY FOR NX Warranty LIC 9000 NX -9600- WiNG NX 9600 AirDefense NX 9600 AirDefense I Year I OOAD-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 10080 -WR Wireless SERVICES PLATFORM SERVICES PLATFORM Warranty Wing NX -9600- WiNG NX 9600 HARD DRIVE NX 9600 HARD DRIVE I Year HD -ACC Wireless (2TB) ACCESSORY (2TB) ACCESSORY Warranty Wing NX -9600- WiNG NX 9600 POWER NX 9600 POWER I Year PSU-ACC Wireless SUPPLY ACCESSORY SUPPLY ACCESSORY Warranty Wing NX -9610- WiNG NX 9610 INTEGRATED NX 9610 INTEGRATED I Year I0080 -WR Wireless SERVICES PLATFORM SERVICES PLATFORM Warranty Wing Attachment D Page 352 of 471 Page 700 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. NX9- WING NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGHT-1 Wireless LIC FOR I AP PERPETUAL LICENSE Warranty FOR I AP NX9- WiNG NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGIIT- Wireless LIC FOR 1024 APS PERPETUAL LICENSE Warranty 1024 FOR 1024 APS NX9- WING NX9XXX NSIGIIT PERP NX9XXX NSIGHT Software NSIGHT-16 Wireless LIC FOR 16 APS PERPETUAL LICENSE Warranty FOR 16 APS NX9- WING NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGHT- Wireless LIC FOR 2048 APS PERPETUAL LICENSE Warranty 2048 FOR 2048 APS NX9- WING NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGHT- Wireless LIC FOR 256 APS PERPETUAL LICENSE Warranty 256 FOR 256 APS NX9- WING NX9XXX NSIGHT PERP NX9XXX NSIGHT Software NSIGHT-64 Wireless LIC FOR 64 APS PERPETUAL LICENSE Warranty FOR 64 APS PD -3501G- WING SINGLE PORT 802.3AF SINGLE PORT 802.3AF I Year ENT Wireless N41DSPAN DEVICE MIDSPAN DEVICE Warranty PD-9001GO- WING OUTDOOR 802.3AT POE OUTDOOR 802.3AT I Year ENT Wireless SINGLE PORTMIDSPAN POE SINGLE PORT Warranty MIDSPAN PD -9001 GR- WING SINGLE PORT 802.3AT SINGLE PORT 802.3AT I Year ENT Wireless COMPLIANT MIDSPAN COMPLIANT MIDSPAN Warranty PD -9501 GO- WING SINGLE PORT 802.3AT SINGLE PORT 802.3AT I Year ENT Wireless PLUS OUTDOOR PLUS OUTDOOR Warranty MIDSPAN MIDSPAN PD- WING MOUNTING BRACKET MOUNTING BRACKET I Year MBKOUT Wireless FOR OUTDOOR FOR OUTDOOR Warranty MIDSPANS MIDSPANS PV -50K- AppID EA SYS 50K FPM HW EXTREME ANALYTICS I Year 01/21/ SYS DEPL system Application Warranty 2025 management for 500 Flows/Minute using analytics engine PV -50K- App[D EA SYS 50K FPM HW EXTREME ANALYTICS I Year SYS -2 W/PAS SYS 50K FPM HW Warranty W/PAS PV -A-300 AppID EA APPLIANCE EXTREME ANALYTICS I Year 12/29/ (HARDWARE ONLY) APPLIANCE Warranty 2022 (HARDWARE ONLY) PV -A-300- Apply 10G INTERFACE 10G INTERFACE I Year 10G -UG UPGRADE FOR PVA305 UPGRADE FOR PV -A- Warranty 300 Attachment D Page 353 of 471 Page 701 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. PV -FC -180 AppID EA APP SENSOR 4 SFP+ EXTREME ANALYTICS I Year PORTS APP SENSOR 4 SFP+ Warranty PORTS PV -FC -180- AppID TAA Purview Application PURVIEW APP I Year 01/15/ G Sensor w/ 2 PSB SENSOR, 4 SF'P+ Warranty 2025 PORTS TAA} PV -FPM- AppID EA LICENSE I OOK FPM EXTREME ANALYTICS Software 1001 LICENSE 100K FPM Warranty PV -FPM -IM AppID EA LICENSE 1M FPM EXTREME ANALYTICS Software LICENSE IM FPM Warranty PV -FPM -3M ApplD EA LICENSE FOR 3M EXTREME ANALYTICS Software F'PM LICENSE FOR 3M FPM Warranty PV -FPM- AppID EA LICENSE 500K FPM EXTREME ANALYTICS Software 500K LICENSE 500K FPM Warranty PV -FPM- AppID EA LICENSE 50K FPM EXTREME ANALYTICS Software 50K LICENSE 50K FPM Warranty PV-V50K- AppID EA SYS 50K FPM VIRT EXTREME ANALYTICS I Year 01/21/ SYS DERL system Application Warranty 2025 management for 50K Flows/Minute using virtual analytics engine PV -V -50K- AppID EA SYS 50K FPM VIRT EXTREME ANALYTICS I Year SYS -2 W/PAS SYS 50K FPM VIRT Warranty W/PAS PWR- WiNG PWR SUPPLY POWER SUPPLY I Month BGA48VI20 Wireless 100240VAC 48VDC 2.5A INTRASTRUCTUREPO Warranty WO WW WER BRICKACDC2.5 A Wing 48VDC 120W PWR- WiNG PS ACDCO.93 A 45W POWER SUPPLY I Month BGA48V45 Wireless INFRASTRUCTURE ADAPTORPOWER Warranty WOWW BRICKACDCO.93 Wing APOWER SUPPLY INTRASTRUCTUREPO WEA BRICK'ACDC0.9375 A 45W QSFP-SFPP- Modular IOGB QSFP+SFP+ IOGB, QSFP+-SFP+ I Year ADPT Interfaces ADAPTOR ADAPTOR Warranty RAN4054A WING ANTENNA OUTDOOR 8 Environment Outdoor I Year 06/30/ Wireless dBi 2.4GHZ Rated Down tilt Type Warranty 2020 Dipole Gain 8 dBi 2.4GHz Connector NMale RFS -4000- WiNG LICENSE12 ADAPTIVE LICENSE] 2 ADAPTIVE Software 12ADP-LTC Wireless FOR RFS4000 FOR RFS4000 Warranty RFS -4000- WiNG LICENSE24 ADAPTIVE LICENSE24 ADAPTIVE Software 24ADP-LIC Wireless FOR RFS4000 FOR RFS4000 Warranty Attachment D Page 354 of 471 Page 702 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. RFS -4000- WING LICENSE48 ADAPTIVE LICENSE48 ADAPTIVE Software 48ADP-LIC Wireless FOR RFS4000 FOR RFS4000 Warranty RFS -4000- WING LICENSE RFS4000 LICENSE RFS4000 Software 6ADP-LIC Wireless SERIES 6 ADP SERIES 6 ADP Warranty RFS -4010- WING RFS4000W/ INT.POE+PS RFS400OW/ I Year 00010 -WR Wireless INT.POE+PS Warranty Wing RFS -4010- WING RFS4000W/ INT.POE+PS RFS400OW/ I Year 07/17/ 000 1 O-ZUS Wireless INT.POE+PS Warranty 2023 Wing RFS -4010- WING RACK MOUNT TRAY I U RACK MOUNT TRAY I Month MTKTIU- Wireless RFS401 0 IU RFS4010 Warranty WR Wing RFS -4011- WiNG Summit WM3411 Rack Summit WM3411 Rack I Year 06/30/ MTKT2U- Wireless Mount Kit Mount Kit Warranty 2020 WR RFS -6010- WING KIT SWITCH RF56010 KIT SWITCH RFS6010 I Year 06/21/ 10080 -WR Wireless WITH ZERO PORTS WITH ZERO PORTS Warranty 2021 Wing RFS -6010- WiNG LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP -128 Wireless 128 PORTRFS6000 AP 128 PORTRFS6000 Warranty RFS -6010- WING LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP -16 Wireless 16 PORTRFS6000 AP 16 PORTRFS6000 Warranty RFS -6010- WING LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP -256 Wireless 256 PORTRFS6000 AP 256 PORTRFS6000 Warranty RFS -6010- WiNG LICENSE ADVANCED LICENSE ADVANCED Software ADSEC-LIC Wireless SEC URITYRFS6000 SECURITYRF56000 Warranty RFS -6010- WING LICENSE 8 LICENSE 8 Software UC -08- Wireless PORTRFS6000 SERIES PORTRF'S6000 SERIES Warranty WWR RFS -7010- WiNG LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP -1024 Wireless 1024 PORTRFS7000 AP 1024 PORTRFS7000 Warranty RFS -7010- WiNG LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP -512 Wireless 512 PORTRFS7000 AP 512 PORTRFS7000 Warranty RFS -7010- WiNG LICENSE ADAPTIVE AP LICENSE ADAPTIVE Software ADP -64 Wireless 64 PORTRFS7000 AP 64 PORTRFS7000 Warranty RFS -7010- WiNG LICENSE ADVANCED LICENSE ADVANCED Software ADSEC-LIC Wireless SLCURITYRFS7000 SECURITYRFS7000 Warranty RFS -7010- WING UPGRADE CERT 16 UPGRADE CERT 16 Software UC -16 -WR Wireless PORTRFS7000 SERIF PORTRFS7000 SERIF Warranty RONIN- SRA RACK MOUNT KIT FOR MLXE32 RACK I Year 4POST- 32SLOT SYSTEMS MOUNT KIT FOR A Warranty MLXE-32 4POST RACK (FLUSH MOUNT' INSTALLATION) Attachment D Page 355 of 471 Page 703 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. RMK-CAB- SRA FRU MLXE32 4POST MLXe32 4Post Rack Kit I Year CTO- RACK KIT CTO Custom Federal Warranty MLXE-32 Rack/Cabinet (CTO). RMI -CAB- SRA MLXE16 MOUNT KIT MLXE 16 MOUNT KIT I Year MLXE-16 CA13INET/4 POST RACK For MLXel6 installation Warranty in a Cabinet or a 4 post Rack. Includes a Cable Management Comb for cable management RMK-CAB- SRA MLXE32 RACK MOUNT MLXE32 RACK I Year MLXE-32 KIT FOR INSTL IN CAB MOUNT KIT FOR Warranty INSTALLATION IN CABINET(RECESS KIT) RMK-CAB- SRA MLXE4 MOUNT KIT MLXE4 MOUNT KIT I Year MLXE-4 CABINET/4 POST RACK For MLXe4 installation in Warranty a Cabinet or a 4 post Rack RMK-CAB- SRA MLXE8 MOUNT KIT MLXE8 MOUNT KIT I Year MLXE-8 CABINET/4 POST RACK For MLXe8 installation in Warranty a Cabinet or a 4 post Rack RMK-NI-X- SRA RACK MOUNT KIT FOR MLXe32 / MLX32/ I Year 32 32SLOT SYSTEMS XMR32000 Rack Mount Warranty Kit for installation in a standard 2 post rack RPS9 SRA 50OW AC PWR SUPPLY 50OW AC Power supply I Year FOR NI CER/CES SERIES for Net Iron CES NetIron Warranty CER and Serverlron ADX 1000 Series RPS91)C SRA 50OW DC PWR SUPPLY 50OW DC Power supply I Year FOR ISI CER/CES SERIES for Netlron CES Netlron Warranty CER and and Server1ron ADX 1000 Series RPS9DC-I SRA RPS91)CIEXHAUST 500W DC Power Supply No with supply side intake Warranty airflow Sl- Modular SSERIES Sl CHASSIS A SSERIES SI CHASSIS A I Year 04/30/ CHASSIS -A L3 WITH FANS WITH FANS Warranty 2024 Switching SI-EOS- Modular SI/SIA USER CAPACITY SI/SIA USER Software 04/30/ USER L3 LICENSE UPGRADE CAPACITY LICENSE Warranty 2024 Switching UPGRADE SI-EOS- Modular S I VIRTUAL SWITCH S I VIRTUAL SWITCH Software 04/30/ VSB L3 BONDING LICENSE BONDING LICENSE Warranty 2024 Switching Attachment D Page 356 of 471 Page 704 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S I -FAN-A Modular S1 A FAN TRAY SI A FAN TRAY I Year 04/30/ L3 Warranty 2024 Switching SI -MOUNT- Modular S1 MOUNTING KIT I Year 04/30/ KIT L3 Warranty 2024 Switching SI-SI50- Modular SI CHASSIS 16PORTS I Year 12/31/ IOG-BUN L3 SFP+ BUNDLE WITH Warranty 2019 Switching S150 S3-IO8SFP- Modular S3 S130 108 PORT SFP I Year 12/31/ BUN L3 BUNDLE Warranty 2019 Switching S3- Modular SSERIES S3 SSERIES S3 I Year 04/30/ CHASSIS -A L3 CHASSISTANTRAY CHASSIS/FANTRAY Warranty 2024 Switching S3- iYlodular S3 CHASSISA AND 4 S3 CHASSISA AND 4 1 Year 04/30/ CHASSIS- L3 BAY POE SHELF BAY POE SHELF Warranty 2024 POEA Switching S3- Modular S3MIDMOUNTKIT I Year 04/30/ MIDMOUN L3 Warranty 2024 T -KIT Switching S3 -POE- Modular S3 4 BAY POE UPGRADE I Year 04/30/ 4BAY-UGK L3 KIT Warranty 2024 Switching S4-64SFPP- odular S4 64 PORTS SFP+ I Year 12/31/ BUN L3 Warranty 2019 Switching S4- Modular SSERIES S4 SSERIES S4 I Year 04/30/ CHASSIS L3 CHASSIS/FANTRAY CHASSIS/FANTRAY Warranty 2024 Switching S4- (dular SSERIES S4 AND 4 BAY SSERIES S4 AND 4 1 Year 04/30/ CHASSIS- L3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S4- Modular S4MIDMOUNTKIT I Year 04/30/ MIDMOUN L3 Warranty 2024 T -KIT Switching S4 -POE- Modular S4 4 BAY POE UPGRADE I Year 04/30/ 4BAY-UGK L3 KIT Warranty 2024 Switching S6-96SFPP- Modular S6 96 PORTS SFP+ I Year 12/31/ BUN L3 Warranty 2019 Switching S6- dular S6 CHASSIS W S6 FANS S6 CHASSIS W S6 I Year 04/30/ CHASSIS L3 FANS Warranty 2024 Switching Attachment D Page 357 of 471 Page 705 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S6- Modular SSERIES S6 AND 4 BAY SSERIES S6 AND 4 1 Year 04/30/ CHASSIS- L3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S6 -FAN Modular S6FAN I Year 04/30/ L3 Warranty 2024 Switching S6- Modular S6MIDMOUNTKIT 1 Year 04/30/ MIDMOUN L3 Warranty 2024 T -KIT Switching S8- Modular S8POE4 348 PORT I Year 12/31/ 348TRPL- L3 TRIPLE SPEED BUNDLE Warranty 2019 BUN Switching S8- Modular SSERIES S8 SSERIES S8 I Year 04/30/ CHASSIS L3 CHASSIS&ANTRAYS CHAS S IS/FANTRAYS Warranty 2024 Switching S8- dular SSERIES S8 AND 4 BAY SSERIES S8 AND 4 1 Year 04/30/ CHASSIS- L3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE4 Switching S8- Modular SSERIES S8 AND 8 BAY SSERIES S8 AND 8 1 Year 04/30/ CHASSIS- L3 POE CHASSIS BAY POE CHASSIS Warranty 2024 POE8 Switching S8- Modular S8MIDMOUNTKIT 1 Year 04/30/ MIDMOUN L3 Warranty 2024 T -KIT Switching S8 -POE- odular S8 4 BAY POE UPGRADE I Year 04/30/ 4BAY-UGK L3 KIT Warranty 2024 Switching S8 -POE- Modular S8 8 BAY POE UPGRADE I Year 04/30/ SBAY-UGK L3 KIT Warranty 2024 Switching S -AC -PS odular SSERIES AC POWER I Year 04/30/ L3 SUPPLY S3/S4/S8 Warranty 2024 Switching S -AC -PS- Modular 15 AMP S POWER I Year 04/30/ 15A L3 SUPPLY Warranty 2024 Switching S -AC -PS -G Modular SSERIES AC POWER I Year 04/30/ L3 SUPPLY S3/S4/S6/S8 Warranty 2024 Switching TAA S -DC -PS Modular SSERIES DC POWER I Year 04/30/ L3 SUPPLY S3/S4/S8 Warranty 2024 Switching S-EOS- dular SSERIES FLOW SSERIES FLOW Software FLOW L3 CAPACITY LICENSE CAPACITY LICENSE Warranty Switching Attachment D Page 358 of 471 Page 706 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. S-EOS- Modular SSERIES KMACSEC Software 04/30/ KMACSEC L3 LICENSE Warranty 2024 Switching S-EOS-L3- Modular 5130 CLASS ROUTING 5130 CLASS ROUTING Software 04/30/ S130 L3 LICENSE LICENSE Warranty 2024 Switching S-EOS-L3- Modular 5150 CLASS ROUTING 5150 CLASS ROUTING Software 04/30/ 5150 L3 LICENSE LICENSE Warranty 2024 Switching S-EOS- Modular SSERIES MACSEC SSERIES MACSEC Software 04/30/ MACSEC L3 LICENSE LICENSE Warranty 2024 Switching S-EOS-PPC Modular PORT USER CAPACITY PORT USER CAPACITY Software 04/30/ L3 LICENSE LICENSE Warranty 2024 Switching S-EOS-VSB Modular VIRTUAL SWITCH VIRTUAL SWITCH Software 04/30/ L3 BONDING CHASSIS BONDING CHASSIS Warranty 2024 Switching LICENSE LICENSE S -FAN Modular SSERIES FAN TRAY I Year 04/30/ L3 S3/S4/S8 Warranty 2024 Switching SGI 201 - Modular SIOM 48 PORT SFP W2 SIOM 48 PORT SFP W2 I Year 12/31/ 0848 L3 OPTIONSLOTS OPTIONSLOTS Warranty 2019 Switching SG1201- Modular SHOFAR 48 PORT SFP SI/OFAB 48 PORT SFP I Year 12/31/ 0848-176 L3 W2 OPSLOTS W2 OPSLOTS Warranty 2019 Switching SG2201 - Modular S 140 48PORT SFP 10 S140 48PORT SFP 10 1 Year 04/30/ 0848 L3 Warranty 2024 Switching SG2201- Modular 5140 48PORT SFP 10 5140 48PORT SFP 10 1 Year 04/30/ 0848G L3 (TAA) (TAA) Warranty 2024 Switching SG41 01 - Modular SIOM 48 PORT SFP WI SIOM 48 PORT SFP WI I Year 04/30/ 0248 L3 OPTION SLOT OPTION SLOT Warranty 2024 Switching SG4101- Modular SIOM 48 PORT SFP WI SIOM 48 PORT SFP WI I Year 04/30/ 0248G L3 OPTION SLOT (TAA) OPTION SLOT (TAA) Warranty 2024 Switching SG5201- Modular 5155 CLASS I/O FABRIC 5155 CLASS I/O 1 Year 12/31/ 0848-F6 L3 48 PORTS SFP +2 OM FABRIC 48 PORTS SFP Warranty 2019 Switching +2 OM SG8201 - Modular S 180 48PORT SFP S 180 48PORT SFP I Year 04/30/ 0848-F8 L3 FABRIC FABRIC Warranty 2024 Switching Attachment D Page 359 of 471 Page 707 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SG8201- Modular S 180 48PORT SFP S 180 48PORT SFP I Year 04/30/ 0848-F8G L3 FABRIC (TAA) FABRIC (TAA) Warranty 2024 Switching SGL2001- Modular 48 PORTS SFP 2 PORTS 48 PORTS SFP 2 PORTS I Year 04/30/ 0850 L3 QSFP+ 5140 1/0 QSFP+ S140 1/0 Warranty 2024 Switching SGL2001- Modular 48 PORT SFP2 PORTS 48 PORT SFP2 PORTS I Year 04/30/ 0850G L3 QSFP+S140 I/O(TAA) QS FP+S 140 I/O(TAA) Warranty 2024 Switching SK 1008- Modular SIOM 16 PORTS SFP SIOM 16 PORTS SFP I Year 12/31/ 0816 L3 PLUS PLUS Warranty 2019 Switching SK1208- Modular SI/OFAB 8 SFP+ PORTS SI/OFAB 8 SFP+ PORTS I Year 12/31/ 0808-176 L3 W2 OPSLOTS W2 OPSLOTS Warranty 2019 Switching SK2008- dular S140 32PORT SFPP 10 S140 32PORT SFPP 10 1 Year 04/30/ 0832 L3 Warranty 2024 Switching SK2008- Modular S140 32PORT SFPP 10 S140 32PORT SFPP 10 1 Year 04/30/ 0832G L3 (TAA) (TAA) Warranty 2024 Switching SK2009- Modular 5140 24PORT I OGBT 10 5140 24PORT I OGBT 10 1 Year 04/30/ 0824 L3 Warranty 2024 Switching SK2009- odular S140 24PORT 1 OGBT 10 S140 24PORT I OGBT 10 1 Year 04/30/ 08240 L3 (TAA) (TAA) Warranty 2024 Switching SK5208- Modular 155 CLASS I/O FABRIC 8 155 CLASS I/O FABRIC I Year 12/31/ 0808-F6 L3 PORTS I OGB + 20M 8 PORTS 10013 + 20M Warranty 2019 Switching SK8008- (dular 5180 24PORT SFPP 10 5180 24PORT SFPP 10 1 Year 04/30/ 1224 L3 Warranty 2024 Switching SK8008- Modular S 180 24PORT SFPP S 180 24PORT SFPP I Year 04/30/ 1224-F8 L3 FABRIC FABRIC Warranty 2024 Switching SK8008- Modular 5180 24PORT SFPP S180 24PORT SFPP I Year 04/30/ 1224 -FSCs L3 FABRIC (TAA) FABRIC (TAA) Warranty 2024 Switching SK8008- Modular S 18 0 24PORT SFPP 10 S180 24PORT SFPP 10 1 Year 04/30/ 12240 L3 (TAA) (TAA) Warranty 2024 Switching SIS 8009- dular S 180 24PORT I OGBT 10 S 180 24PORT I OGBT 10 1 Year 04/30/ 1224 L3 Warranty 2024 Switching Attachment D Page 360 of 471 Page 708 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SK8009- Modular S180 24PORT I OGBT S 180 24PORT I OGBT I Year 04/30/ 1224-F8 L3 FABRIC FABRIC Warranty 2024 Switching SK8009- Modular S180 24PORT I OGBT S 180 24PORT I OGBT I Year 04/30/ 1224-F8G L3 FABRIC (TAA) FABRIC (TAA) Warranty 2024 Switching SK8009- Modular S 180 24PORT I OGBT 10 S 180 24PORT I OGBT 10 1 Year 04/30/ 1224G L3 (TAA) (TAA) Warranty 2024 Switching SK8208- Modular 8 PORTS SFP+ 5180 8 PORTS SFP+ 5180 I Year 04/30/ 0808-178 L3 FABRIC WITH 2 OP FABRIC WITH 2 OP Warranty 2024 Switching N40D MOD SK8208- Modular 8 PORTS SFP+ S180 8 PORTS SFP+ S180 I Year 12/19/ 0808-F8G L3 FABRIC W/2 OP FABRIC W/2 OP Warranty 2023 Switching MOD(TAA) MOD(TAA) SKL8008- Modular 8 PORTS SFP+ 2 PORTS 8 PORTS SFP+ 2 PORTS I Year 12/19/ 0810-F8 L3 QSFP+ 5180 FABRIC QSFP+ S ISO FABRIC Warranty 2023 Switching SKL8008- Modular 8 PORTS SFP+ 2 PORTS 8 PORTS SFP+ 2 PORTS I Year 04/30/ 08I0-F8G L3 QSFP+SI8O FAB(TAA) QS F P+S 180 FAB(TAA) Warranty 2024 Switching SL8013- Modular 5180 6PORT QSFP 10 5180 6PORT QSFP 10 1 Year 06/24/ 1206 L3 Warranty 2023 Switching SL8013- Modular 5180 6PORT' QSFP 10 A 5180 6PORT QSFP 10 A I Year 04/30/ 1206A L3 Warranty 2024 Switching SL8013- Modular S 180 6PORT QSFP 10 A S180 6PORT QSFP 10 A I Year 04/30/ 1206AG L3 (TAA) (TAA) Warranty 2024 Switching SL8013- Modular 5180 6PORT QSFP 5180 6PORT QSFP I Year 12/31/ 1206-178 L3 FABRIC FABRIC Warranty 2023 Switching SL8013- Modular S180 6PORT QSFP S180 6PORT QSFP I Year 04/30/ 1206-18A L3 FABRIC A FABRIC A Warranty 2024 Switching SL8013- Modular S 180 6PORT QSFP S 180 6PORT QSFP I Year 04/30/ 1206-FSAG L3 FABRIC A (TAA) FABRIC A (TAA) Warranty 2024 Switching SOG2201- Modular 12 PORTS SFP TYPE 1 12 PORTS SFP TYPEI I Year 04/30/ 0112 L3 OM Om Warranty 2024 Switching SOG2201 - Modular 12 PORTS SFP TYPEI 12 PORTS SFP TYPEI I Year 04/30/ 011201 L3 OM (TAA) OM (TAA) Warranty 2024 Switching Attachment D Page 361 of 471 Page 709 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SOGK2218- Modular IOSFP 2SFP+ PORTS IOSFP 2SFP+ PORTS I Year 04/30/ 0212 L3 TYPE2 OM TYPE2 OM Warranty 2024 Switching SOGK221 8- Modular IOSFP 2SFP+ PORTS IOSFP 2SFP+ PORTS I Year 04/30/ 02120 L3 TYPE2 OM (TAA) TYPE2 OM (TAA) Warranty 2024 Switching SOK2208- Modular 2 PORTS SFP+ TYPEI 2 PORTS SFP+ TYPEI I Year 04/30/ 0102 L3 OM 0M Warranty 2024 Switching SOK2208- Modular 2 PORTS SFP+ TYPEI 2 PORTS SFP+ TYPEI I Year 04/30/ 01020 L3 OM (TAA) OM (TAA) Warranty 2024 Switching S(1 208- Modular 4 PORTS SFP+ TYPEI 4 PORTS SFP+ TYPEI I Year 04/30/ 0104 L3 0M 0M Warranty 2024 Switching SOK2208- IYlodular 4 PORTS SFP+ TYPEI 4 PORTS SFP+ TYPEI I Year 04/30/ 01040 L3 OM (TAA) OM (TAA) Warranty 2024 Switching SC? 208- Modular 4 PORTS SFP+ TYPE2 4 PORTS SFP+ TYPE2 I Year 04/30/ 0204 L3 Om 0M Warranty 2024 Switching SOK2208- Modular 4 PORTS SFP+ TYPE2 4 PORTS SFP+ TYPE2 I Year 04/30/ 02040 L3 OM (TAA) OM (TAA) Warranty 2024 Switching SOI 2209- odular IOGBT TYPE2 OPTION I OGBT TYPE2 OPTION I Year 04/30/ 0204 L3 MODULE MODULE Warranty 2024 Switching SOK2209- Modular I OGBT TYPE2 OPTION IOGBT TYPE2 OPTION I Year 04/30/ 0204G L3 MODULE (TAA) MODULE (TAA) Warranty 2024 Switching SOT2206- (dular 12 PORTS TRIPLE TYPEI 12 PORTS TRIPLE I Year 04/30/ 0112 L3 OM TYPEI OM Warranty 2024 Switching SO T2206- Modular 12 PORTS TRIPLE TYPE] 12 PORTS TRIPLE I Year 04/30/ 01120 L3 OM (TAA) TYPE1 OM (TAA) Warranty 2024 Switching SOTK2268- Modular IOTS 2SFP+ PORTS IOTS 2SFP+ PORTS I Year 04/30/ 0212 L3 TYPE2 OM TYPE2 OM Warranty 2024 Switching SOTK2268- Modular LOTS 2SFP+ PORTS LOTS 2SFP+ PORTS I Year 04/30/ 02120 L3 TYPE2 OM (TAA) TYPE2 OM (TAA) Warranty 2024 Switching SOV3008- dular 4 PORT VSB 4 PORT VSB I Year 04/30/ 0404 L3 EXPANSION MODULE EXPANSION MODULE Warranty 2024 Switching Attachment D Page 362 of 471 Page 710 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SOV3008- Modular 4 PORT VSB 4 PORT VSB I Year 04/30/ 040401 L3 EXPANS10N MODULE EXPANSION MODULE Warranty 2024 Switching (TAA) (TAA) SOV3208- Modular 2 VSB PORT TYPE2 OM 2 VS13 PORT TYPE2 OM I Year 04/30/ 0202 L3 Warranty 2024 Switching SOV3208- Modular 2 VSB PORT TYPE2 OM 2 VSB PORT TYPE2 OM I Year 04/30/ 0202G L3 (TAA) (TAA) Warranty 2024 Switching S -POE -PS Modular SSERIES POE POWER SSERIES POE POWER I Year 04/30/ L3 SUPPLY SUPPLY Warranty 2024 Switching SP-SWSV-P- TING AIRDEFENSE ADSP AIRDEFENSE ADSP Software I Wireless SERVER SW LICENSE SERVER SW LICENSE Warranty SSA -AC -PS- Modular TAA COMLIANT SSA I Year 04/30/ IOOOG L3 I OOOW PS Warranty 2024 Switching SSA -AC -PS- Modular SSA AC POWER SUPPLY S -Series Standalone (SSA I Year 01/15/ 100OW L3 IOOOW 5130 and SSA150 Class) Warranty 2025 Switching and SI Chassis - AC and PoE power supply, 15A, 110-240VAC input, (1000/12007) SSA -AC -PS- Modular SSA AC POWER SUPPLY S -Series Standalone (SSA I Year 01/15/ 625W L3 625W 5130 and SSA150 Class) - Warranty 2025 Switching AC power supply, 15A, 100-240VAC input, (625 ) SSA-EOS- Modular SSA DOUBLE USER SSA DOUBLE USER Software 2XUSER L3 CAPACITY LICENSE CAPACITY LICENSE Warranty Switching SSA-EOS- Modular VIRTUAL SWITCH VIRTUAL SWITC11 Software VSB L3 BONDING SSA LICENSE BONDING SSA Warranty Switching LICENSE SSA -FAN- Modular SSA FAN S -Series Standalone (SSA I Year 01/15/ KIT L3 REPLACEMENT KIT 5130 and S150 Class) - Warranty 2025 Switching Replacement fan assembly (Single FAN) SSA -FB -AC- Modular SSA FTE PS UO SIDE S -Series Standalone I Year 011151 PS -A L3 EXHAUST (SSA 180 Front to Back) - Warranty 2025 Switching AC power supply, 15A, 100-240VAC input, 1/0 side exhaust SSA -FB -AC- Modular SSA FTB PS 10 SIDE S -Series Standalone I Year PS -B L3 INTAKE (SSAI SO Front to Back) - Warranty Switching AC power supply, 15A, Attachment D Page 363 of 471 Page 711 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 364 of 471 Page 712 of 1147 100-240VAC input, 1/0 side intake SSA -FB- Modular SSA FRONTTO BACK SSA FRONT TO BACK I Year 01/15/ FAN L3 FAN TRAY FAN TRAY Warranty 2025 Switching SSA -FB- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ FAN -G L3 SSA180 FAN AS SEMB LY SSA180 FAN Warranty 2024 Switching ASSEMBLY SSA -FB- Modular OPTIONAL Optional Rack Mount Kit No 01/15/ MOUNTKIT L3 RACKMOUNT KIT FOR for the SSA180 'Front to Warranty 2025 Switching SSA FB MODELS Back'niodels. SSA -01018- Modular SSA 48 SFP AND 4 SFPP SSA 48 SFP AND 4 SFPP I Year 03/31/ 0652 L3 PORTS IX PORTS IX Warranty 2021 Switching SSA -G8018- Modular SSA180 FRONT TCI SSA180 FRONT TO I Year 01/15/ 0652 L3 BACK SFP BACK SFP Warranty 2025 Switching SSA -08018- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ A -G L3 SSA180 SFP WITH 2 PSA SSA180 SFP WITH 2 Warranty 2024 Switching PSA SSA -018018- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ B -G L3 SSA180 SFP WITH 2 PSB SSA180 SFP WITH 2 Warranty 2024 Switching PSB SSA -Tl 068- Modular SSA 48TS RJ45 POEAT SSA 48TS RJ45 POEAT I Year 01/15/ 0652A L3 AND 4 SFPP PORT IXA AND 4 SFPP PORT IXA Warranty 2025 Switching SSA -T1068- Modular SSA150A TRIPLE SPEED SSA150A TRIPLE I Year 04/30/ 065201 L3 POE TAA SPEED POE TAA Warranty 2024 Switching SSA -T4068- Modular SSA 48 TS RJ45 POE AT SSA 48 TS RJ45 POE AT I Year 01/15/ 0252 L3 AND 4 SFPP PORT 4X AND 4 SFPP PORT 4X Warranty 2025 Switching SSA -T4068- Modular SSA 48 TS RJ45 POE AT 4 SSA 48 TS RJ45 POE AT I Year 04/30/ 0252-G L3 SFPP PORT 4X TAA 4 SFPP PORT 4X TAA Warranty 2024 Switching SSA -T8028- Modular SSAI 80 FRONT TO SSA180 FRONT TO I Year 01/15/ 0652 L3 BACK TRIPLESPEED BACK TRIPLESPEED Warranty 2025 Switching SSA -T8028- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ A -G L3 SSA180 TS WITH 2 PSA SSA180 TS WITH 2 PSA Warranty 2024 Switching SSA -T8028- Modular TAA COMPLIANT TAA COMPLIANT I Year 04/30/ B -G L3 SSA180 TS WITH 2 PSB SSA180 TS WITH 2 PSB Warranty 2024 Switching Attachment D Page 364 of 471 Page 712 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. SSA -WALL- Modular SSA S I 30S 150 CLASS SSA S130, S150 and I Year 01/15/ MOUNT L3 WALL MOUNT S SA 180 class Wall Mount Warranty 2025 Switching BRACKET Bracket SSCON- Fixed L3 CONSOLE CABLE FOR No 11/01/ CAB SECURESTACK B2 AND Warranty 2023 C2 ST1206- Modular SIOM 48 PORTS TS RJ45 SIOM 48 PORTS TS I Year 12/31/ 0848 L3 POE AT W2 OPSL RJ45 POE AT W2 OPSL Warranty 2019 Switching ST1206- Modular SI/OFAI3 W48 TS AF POE SI/OFAB W48 TS AF I Year 12/31/ 0848-176 L3 W2 OPTSLOTS POE W2 OPTSLOTS Warranty 2019 Switching ST2206- Modular S140 48PORT TS 10 5140 48PORT TS 10 1 Year 12/31/ 0848 L3 Warranty 2023 Switching ST2206- IYlodular S140 48PORTTS 10 A S140 48PORT TS 10 A I Year 04/30/ 0848A L3 Warranty 2024 Switching ST2206- Modular 5140 48PORT TS 10 A S140 48PORT TS 10 A I Year 04/30/ 0848AG L3 (TAA) (TAA) Warranty 2024 Switching ST4106- Modular SIOM 48 PORT TS RJ45 SIOM 48 PORT TS R145 I Year 04/30/ 0248 L3 POE AT W1 OPSLOT POE AT WI OPSLOT Warranty 2024 Switching ST4106- odular SIOM 48P TS RJ45 POE SIOM 48P TS RJ45 POE I Year 04/30/ 02480 L3 AT W I OPSLOT (TAA) AT WI OPSLOT (TAA) Warranty 2024 Switching ST4106- Modular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 01/30/ 0348-F6 L3 WI OPTSLOTS POE WI OPTSLOTS Warranty 2023 Switching ST4106- (dular SI/OFAB W48 TS AF POE SI/OFAB W48 TS AF I Year 04/30/ 0348-F6G L3 WI OPTSLOTS (TAA) POE WI OPTSLOTS Warranty 2024 Switching (TAA) ST5206- Modular S155 I/O FABRIC 48 5155 1/0 FABRIC 48 1 Year 12/31/ 0848-F6 L3 PORTS TRIPLE+ 2 OM PORTS TRIPLE+ 2 OM Warranty 2019 Switching ST8206- Modular S 180 48PORT TS FABRIC S180 48PORT TS I Year 09/30/ 0848-178 L3 FABRIC Warranty 2020 Switching ST8206- Modular S150 48PORT TS FABRIC S150 48PORT TS I Year 04/30/ 0545 -FSA L3 A FABRIC A Warranty 2024 Switching ST8206- dular S 180 48PORTTS FABRIC S 180 48PORT TS I Year 04/30/ 0848-F8AG L3 A (TAA) FABRIC A (TAA) Warranty 2024 Switching Attachment D Page 365 of 471 Page 713 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. STK-CAB- Fixed L3 2M STACKING CABLE 2M STACKING CABLE No 2M LIMITED SUPPORT LIMITED SUPPORT Warranty STK-CAB- Fixed L3 5M STACKING CABLE 5M STACKING CABLE No 12/31/ 5M Warranty 2022 STK-CAB- Fixed L3 IM STACKING CABLE IM STACKING CABLE No LONG Warranty STK-CAB- Fixed L3 30CM STACKING 30CM STACKING No SHORT CABLE CABLE Warranty STK-RPS- Fixed L3 3 SLOT MODULAR 3SLOT MODULAR I Year 1005CH3 SHELF FOR 1005W PS SHELF FOR 1005W PS Warranty STK-RPS- Fixed L3 1005W 802.3AT POE 1005W 802.3AT POE Limited 1005PS REDUNDANT POWER REDUNDANT POWER Li fetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacem ent-2 STK-RPS- Fixed L3 2S LOT MODULAR 2SLOT MODULAR I Year 150CH2 SHELF FOR 150W RPS SHELF FOR 150W RPS Warranty STK-RPS- Fixed L3 8SLOT MODULAR 8SLOT MODULAR I Year 150CH8 SHELF FOR 150W PS SHELFFOR 150W PS Warranty STK-RPS- Fixed L3 150W NONPOE 150WNONPOE Limited 150PS REDUNDANT POWER REDUNDANT POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacem em -2 STK-RPS- Fixed L3 50OW 802.3AT POE 50OW 802.3AT POE Limited 50OPS REDUNDANT POWER REDUNDANT POWER Lifetime SUPPLY SUPPLY Warranty with express Advanced Hardware Replacem ent-2 STL2006- Modular 48 PORTS TRIPLE 2 48 PORTS TRIPLE 2 1 Year 04/30/ 0850 L3 PORTS QSFP+ S140 1/0 PORTS QSFP+ 5140 1/0 Warranty 2024 Switching Attachment D Page 366 of 471 Page 714 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. STL2006- Modular 48 PORTS TRIPLE 2P 48 PORTS TRIPLE 2P I Year 04/30/ 085001 L3 QSFP+ 5140 1/0(TAA) QSFP+ 5140 I/O(TAA) Warranty 2024 Switching SV -1252- WiNG KITAIRDEFENSE KITAIRDEFENSE I Year 07/31/ FII -I Wireless BACKUP APPLIANCE BACKUP APPLIANCE Warranty 2022 1252 1252 Wing SV- 1252-P- I WiNG KITAIRDEFENSE KITAIRDEFENSE I Year 07/31/ Wireless APPLIANCE MODEL APPLIANCE MODEL Warranty 2022 1252 1252 Wing SV -3652- WiNG KITAIRDEFENSE K[TAIRDEFENSE I Year 07/31/ BK -I Wireless BACKUP APPLIANC BACKUP APPLIANC Warranty 2022 3652 3652 Wing SV -3652-P-1 WiNG KITAIRDEFENSE KITAIRDEFENSE 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 SWITCH BROADBAND SWITCH Warranty 2024 Wing TW -0511- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 07/13/ 60010 -ELT Wireless AP801 I I ABGN EU AP802.11 ABGN EU Lifetime 2022 Warranty Wing TW -051 I- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 07/13/ 60010 -US Wireless AP801 11 ABGN US AP802.11 ABGN US Lifetime 2022 Warranty Wing TW -051 I- WiNG TW0511 WALL PLATE TW0511 WALL PLATE Limited 04/13/ 60010 -WR Wireless AP802.11 ABGN WR AP802.11 ABGN WR Lifetime 2022 Warranty Wing TW -0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 06/28/ 67030 -1 -WR Wireless N.AC. WR N.AC. WR Extreme Lifetime 2024 Warranty Wing TW -0522- WiNG WALLPLATE AP802.11 WALLPLATE AP802.11 Limited 07/28/ 67030 -EU Wireless N.AC. EU N.AC. EU Lifetime 2023 Warranty Wing TW -0522- WiNG WALLPLATEAP802,11 WALLPLATE AP802, I I Limited 06/28/ 67030 -US Wireless N.AC. US N.AC. US Lifetime 2024 Warranty Wing TW -0522- WiNG WALLPLATEAP802,11 WALLPLATEAP802,11 Limited 07/28/ 67030 -WR Wireless N.AC. WR N.AC. WR Lifetime 2023 Warranty Wing Attachment D Page 367 of 471 Page 715 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. V300 -8P -2T- VPE V3008P2TW V3008P2TW 8 port Limited W 10/100/100013ASET Lifetime POE+ ports halffull Warranty duplex 2x1000BASET with ports POE powered express 802.3bt type 4 fanless Advanced I lardware Replacem ent VIM5-2Q Smart VIM5 2x40GE QSFP Versatile Interface Limited OmniEdge Module 5 with two Lifetime Switching 40GbE (QSFP) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-2Y Smart VIM5 2x25GE SFP28 Versatile Interface Limited OmmEdge 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 4x10GE 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 4xI0GE SFP+ Versatile Interface Limited OmmEdge MACsec LRM Module 5 with four Lifetime Switching I OGb E (SFP+) ports LRM Warranty MACsec capable with supported on express Extreme Switching X465 Advanced and VSP4900 I lardware Replacem ent Attachment D Page 368 of 471 Page 716 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. VlM5-4Y Smart VIN15 4x25GE SFP28 Versatile Interface Limited OmmEdge Module 5 with four Lifetime Switching 25GbE (SFP28) ports Warranty supported on with ExtremeSwitching X465 express and VSP4900 Advanced Hardware Replacem ent VIM5-4YE Smart VIN15 4x25GE SFP28 Versatile Interface Limited OmniEdge MACsec Module 5 with four Lifetime Switching 25GbE (SFP28) ports Warranty MACsec capable with supported on express Extreme Switching X465 Advanced and VSP4900 Hardware Replacem ent VMM-ANT- WING KITML2452VMM3M3036 KITML2452VMM3M303 I Month CON- Wireless 25902630212 62590263028 Warranty BUNDLE Wing VSP4900- EAN VSP490048P with 1100W VSP490048P Bundle Limited 48P -Bl PSU Bundle includes VSP490048P and Lifetime one I IOOW AC PSU FB Warranty (10941) with express Advanced Hardware Replacem ent VSP4900- LAN VSP490048PBlVIM52Y VSP49004813 Bundle Limited 4SP-Bl-2Y Bundle includes one VSP490048P Lifetime one I 10OW AC PSU FE Warranty (10941) and one VIM52Y with express Advanced I lardware Replacem ent VSP4900- EAN VSP490048PBI VIM54X VSP490048P Bundle Limited 4SP-BI-4X Bundle includes one VSP490048P Lifetime one I IOU W AC PSU FB Warranty (1094 1) and one VIM54X with express Advanced Hardware Attachment D Page 369 of 471 Page 717 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 370 of 471 Page 718 of 1147 Replacem ent VSP4900- EAN VSP490048PBI VIM54XE VSP490048P Bundle Limited 4SP-BI-4XE Bundle includes one VSP490048P Lifetime one I IOOW AC PSU FB Warranty (10941) and one with VIM54XE express Advanced I lardware Replacem ent VSP7400- EAN VSP 7432CQ VSP 7400 32 x, 100Gbps I Year 32C QSFP28 ports Sure CPU Warranty 16GB RAM 128GB SSD 4post rack mount kit No PSU No Fans VSP7400- EAN VSP 7432CQF VSP 7400 32 x 100Gbps I Year 32C -AC -F QSFP28 ports Score CPU Warranty 16GB RAM 128GB SSD Single 750W AC PSU six fans 4post rack mount kit Front to Back Airflow VSP7400- EAN VSP 7432CQR VSP 7400 32 x, 10001bps I Year 32C -AC -R QSFP28 ports Score CPU Warranty 16GB RAM 128GB SSD Single 750W AC PSU six fans 4post rack mount kit Back to Front Airflow VSP7400- EAN VSP 74004SY8C VSP 7400 48 x, I Year 48Y -8C 10/25Gbps SFP28 ports 8 Warranty x I OOGbps QSFP28 ports Score CPU 16GB RAM 128GB SSD 4post rack mount kit No PSU No Fans VSP7400- EAN VSP 740048Y8CACF VSP 7400 48 x I Year 4SY-8C-AC- 10/25Gbps SFP28 ports 8 Warranty F x 100Gbps QSFP28 ports Score CPU 16GB RAM 128GB SSD Single 750W AC PSU six fans 4post rack Mount kit Front to Back Airflow VSP7400- EAN VSP 740048Y8CACR VSP 7400 48 x, I Year 48Y -8C -AC- 10/25Gbps SFP28 ports 8 Warranty R x 10O bps QSFP28 ports Attachment D Page 370 of 471 Page 718 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 371 of 471 Page 719 of 1147 Score CPU 16GB RAM 128GB SSD Single 750W AC PSU six fans 4post rack mount kit Back to Front Airflow VSP-PRMR- LAN VSP 4900 Premier License VSP 4900 Premier Software LE -LIC -P with MACsec Feature License with Warranty MACsec for I Chassis VSP-PRMR- EAN VSP Premier License VSP 7400 Premier Software LIC -P Feature License Includes Warranty Insight license VSP-PRMR- LAN VSP 4900 Premier License VSP 4900 Premier Software L -LIC -P Feature License for I Warranty Chassis VX -9000- WiNG LICENSEVX9000 1024X LICENSEVX9000 Software ADP -1024 Wireless ADAPTIVE All 1024X ADAPTIVE AP Warranty VX -9()()0- WiNG LICENSEVX9000 16X LICENSEVX9000 16X Software ADP -16 Wireless ADAPTIVE AP ADAPTIVE AP Warranty VX -9000- WiNG LICENSEVX9000 256X LICENSEVX9000 256X Software ADP -256 Wireless ADAPTIVE AP ADAPTIVE AP Warranty VX -9000- WiNG LICENSEVX9000 512X LICENSEVX9000 512X Software ADP -512 Wireless ADAPTIVE AP ADAPTIVE VE AP Warranty VX -9000- WiNG LICENSEVX9000 64X LICENSEVX9000 64X Software ADP -64 Wireless ADAPTIVE AP ADAPTIVE AP Warranty VX -9000- WiNG LICENSEVX9000 LICE SEVX9000 Software APPLNC- Wireless APPLIANCE APPLIANCE Warranty LIC VX9- WiNG VX9000 NSIGIIT PERP VX9000 NSIGHT Software NSIGHT-1 Wireless LIC FOR I AP PERPETUAL LICENSE Warranty FOR I AP VX9- WiNG VX9000 NSIGHT PERP VX9000 NSIGHT Software NSIGHT- Wireless LIC FOR 1024 APS PERPETUAL LICENSE Warranty 1024 FOR 1024 APS VX9- WiNG VX9000 NSIGHT PERP VX9000 NSIGHT Software NSIGHT-16 Wireless LIC FOR 16 APS PERPETUAL LICENSE Warranty FOR 16 APS VX9- WiNG VX9000 NSIGHT PERP VX9000 NSIGHT Software NSIGHT- Wireless LIC FOR 2048 APS PERPETUAL LICENSE Warranty 2048 FOR 2048 APS VX9- WiNG VX9000 NSIGHT PERP VX9000 NSIGHT Software NSIGIIT- Wireless LIC FOR 256 APS PERPETUAL LICENSE Warranty 256 FOR 256 APS VX9- WiNG VX9000 NSIGIITPERP VX9000 NSIGHT Software NSIGHT-64 Wireless LIC FOR 64 APS PERPETUAL LICENSE Warranty FOR 64 APS Attachment D Page 371 of 471 Page 719 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAB910001 EAN WEAN 9100 WALL WEAN 9100 WALL I Year 06/30/ -E6 MOUNTING BRACKET MOUNTING BRACKET Warranty 2023 FOR 9122 9123 9132 9133 APs WAB910004 EAN ENCLOSURE 12X12X6 POLY ENCLOSURE I Year 04/08/ -E6 LATCH LOCK 12X 12X6 LATCH LOCK Warranty 2023 4 WAB910005 EAN ENCLOSURE 14X12X6 POLY ENCLOSURE I Year 04/08/ -E6 KEY LOCK 14X12X6 KEY LOCK 4 Warranty 2023 N WAP913200 EAN WAP 9132 n/ae 2X2 ROO - WEAN AP 9132 Limited 06/30/ -E6 US CANADA INDOOR n/ac 2X2 ROO Lifetime 2023 US () CANADA Warranty Wing WAP913201 EAN WAP 9132 N/AC 2X2 ROI WEAN AP 9132 Limited 06/30/ -E6 TAIWAN INDOOR N/AC 2X2 RO I Lifetime 2023 TAIWAN Warranty Wing WAP913202 EAN WAP 9132 N/AC 2X2 R02 WEAN AP 9132 Limited 06/30/ -E6 MEXICO INDOOR N/AC 2X2 R02 Lifetime 2023 MEXICO Warranty Wing WAP913203 EAN WAP 9132 N/AC 2X2 R03 WLAN AP 9132 Limited 06/30/ -E6 COLUMBIA INDOOR N/AC 2X2 R03 Lifetime 2023 COLUMBIA Warranty Wing WAP913204 EAN WAP 9132 N/AC 2X2 R04 WEAN AP 9132 Limited 06/30/ -E6 SAUDI ARABIA INDOOR N/AC 2X2 R04 Lifetime 2023 SAUDI ARABIA Warranty Wing WAP913205 EAN WAP 9132 MAC 2X2 R05 WEAN AP 9132 Limited 06/30/ -E6 CHINA INDOOR N/AC 2X2 R05 Lifetime 2023 CHINA Warranty Wing WAP913206 EAN WAP 9132 n/ac 2X2 R06 WEAN AP 9132 Limited 06/30/ -E6 EU EFTA INDOOR n/ac 2X2 R06 Lifetime 2023 EU EFTA Warranty Wing WAP913207 EAN WAP 9132 N/AC 2X2 R07 WEAN AP 9132 Limited 06/30/ -E6 ISRAEL INDOOR N/AC 2X2 R07 Lifetime 2023 ISRAEL Warranty Wing WAP913208 EAN WAP 9132 N/AC 2X2 R08 WEAN AP 9132 Limited 06/30/ -E6 AUSTRALIA INDOOR N/AC 2X2 R08 Lifetime 2023 AUSTRALIA Warranty Wing Attachment D Page 372 of 471 Page 720 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913209 EAN WAP 9132 N/AC 2X2 R09 WLAN AP 9132 Limited 06/30/ -E6 [JAE INDOOR 2X2 I IAC R09 Lifetime 2023 UAE Warranty Wing WAP913210 EAN WAP 9132 N/AC 2X2 RIO WLAN AP 9132 Limited 06/30/ -E6 SOUTH KOREA INDOOR N/AC 2X2 RIO Lifetime 2023 SOOT I I KOREA Warranty Wing WAP913211 EAN WAP 9132 N/AC 2X2 R11 WLAN 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 WLAN AP 9132 Limited 06/30/ -E6 JORDAN INDOOR n/ac 2X2 R12 Lifetime 2023 JORDAN Warranty Wing WAP913213 EAN WAP 9132 N/AC2X2 R13 WLAN 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 WLAN AP 9132 Limited 06/30/ -E6 THAILAND INDOOR N/AC 2X2 R14 Lifetime 2023 THAILAND Warranty Wing WAP913215 EAN WAP 9132 n/ac 2X2 R15 WLAN AP 9132 Limited 06/30/ -E6 JAPAN INDOOR n/ac 2X2 R15 Lifetime 2023 JAPAN Warranty Wing WAP913216 EAN WAP 9132 n/ac 2X2 R16 WLAN AP 9132 Limited 06/30/ -E6 DOMINICAN REP. INDOOR n/ac 2X2 R16 Lifetime 2023 DOMINICAN REP. Warranty Wing WAP913217 EAN WAP 9132 n/ac 2X2 R17 WLAN AP 9132 Limited 06/30/ -E6 BAHAMAS INDOOR n/ac 2X2 R17 Lifetime 2023 BAHAMAS Warranty Wing WAP913218 EAN WAP 9132 N/AC 2X2 R18 WLAN AP 9132 Limited 06/30/ -E6 QATAR INDOOR N/AC 2X2 R18 Lifetime 2023 QATAR Warranty Wing WAP913219 EAN WAP 9132 n/ac 2X2 R19 WLAN AP 9132 Limited 06/30/ -E6 INDONESIA INDOOR n/ac 2X2 R19 Lifetime 2023 INDONESIA Warranty Wing Attachment D Page 373 of 471 Page 721 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913220 EAN WAP 9132 n/ac 2X2 R20 WLAN AP 9132 Limited 06/30/ -E6 EGYPT INDOOR n/ac 2X2 R20 Lifetime 2023 EGYPT Warranty Wing WAP913221 EAN WAP 9132 nae 2X2 R21 WEAN AP 9132 Limited 06/30/ -E6 BAHRAIN INDOOR n/ac 2X2 R21 Lifetime 2023 BAHRAIN Warranty Wing WAP913222 EAN WAP 9132 n/ae 2X2 R22 WLAN AP 9132 Limited 06/30/ -E6 LEBANON INDOOR n/ae 2X2 R22 Lifetime 2023 LEBANON Warranty Wing WAP913225 EAN WAP 9132 N/AC 2X2 R25 WLAN AP 9132 Limited 06/30/ -E6 CHILE INDOOR N/AC 2X2 R25 Lifetime 2023 CHILE Warranty Wing WAP913226 EAN WAP 9132 N/A('2X2 R26 WLAN AP 9132 Limited 06/30/ -E6 HONG KONG INDOOR N/AC 2X2 R26 Lifetime 2023 HONG KONG Warranty Wing WAP913227 EAN WAP 9132 N/AC 2X2 R27 WEAN AP 9132 Limited 06/30/ -E6 PERU INDOOR N/AC 2X2 R27 Lifetime 2023 PERU Warranty Wing WAP913228 EAN WAP 9132 N/AC 2X2 R28 WLAN AP 9132 Limited 06/30/ -E6 VENEZUELA INDOOR N/AC 2X2 R28 Lifetime 2023 VENEZUELA Warranty Wing WAP913229 EAN WAP 9132 N/AC 2X2 R29 WLAN AP 9132 Limited 06/30/ -E6 ARGENTINA INDOOR N/AC 2X2 R29 Ll fetime 2023 ARGENTINA Warranty Wing WAP913230 LAN WAP 9132 N/AC2X2 R30 WLAN AP 9132 Limited 06/30/ -E6 BRAZIL INDOOR N/AC 2X2 R30 Lifetime 2023 BRAZIL Warranty Wing WAP913231 EAN WAP 9132 n/ac 2X2 R31 WLAN AP 9132 Limited 06/30/ -E6 BRUNEI INDOOR n/ac 2X2 R31 Lifetime 2023 BRUNEI Warranty Wing WAP913232 LAN WAP 9132 N/AC 2X2 R32 WLAN AP 9132 Limited 06/30/ -E6 KUWAIT INDOOR N/AC 2X2 R32 Lifetime 2023 KUWAIT Warranty Wing Attachment D Page 374 of 471 Page 722 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913233 EAN WAP 9132 N/AC 2X2 R33 WLAN AP 9132 Limited 06/30/ -E6 MALAYSIA INDOOR N/AC 2X2 R33 Lifetime 2023 MALAYSIA Warranty Wing WAP913234 EAN WAP 9132 N/AC 2X2 R34 WLAN AP 9132 Limited 06/30/ -E6 OMAN INDOOR N/AC 2X2 R34 Lifetime 2023 OMAN Warranty Wing WAP913235 EAN WAP 9132 N/AC 2X2 R35 WLAN AP 9132 Limited 06/30/ -E6 PHILIPPINES INDOOR N/AC 2X2 R35 Lifetime 2023 PHILIPPINES Warranty Wing WAP913236 EAN WAP 9132 n/ac 2X2 R36 WLAN AP 9132 Limited 06/30/ -E6 SINGAPORE INDOOR n/ac 2X2 R36 Lifetime 2023 SINGAPORE Warranty Wing WAP913237 EAN WAP 9132 N/A( - '2X2 R37 WLAN AP 9132 L imited 06/30/ -E6 SOUTH AFRICA INDOOR N/AC 2X2 R37 Lifetime 2023 SOUTH AFRICA Warranty Wing WAP913238 EAN WAP 9132 n/ac 2X2 R38 WLAN AP 9132 Limited 06/30/ -E6 TRINIDAD INDOOR n/ac 2X2 R38 Lifetime 2023 TRINIDAD Warranty Wing WAP913239 EAN WAP 9132 N/AC 2X2 R39 WLAN AP 9132 Limited 06/30/ -E6 TURKEY INDOOR N/AC 2X2 R39 Lifetime 2023 TURKEY Warranty Wing WAP913240 EAN WAP 9132 N/AC 2X2 R40 WLAN AP 9132 Limited 06/30/ -E6 RUSSIA INDOOR N/AC 2X2 R40 Ll fetime 2023 RUSSIA Warranty Wing WAP913241 EAN WAP 9132 n/ac2X2 R41 WLAN AP 9132 Limited 06/30/ -E6 MACAU INDOOR n/ac 2X2 R41 Lifetime 2023 MACAU Warranty Wing WAP913243 EAN WAP 9132 n/ac 2X2 R43 WLAN AP 9132 Limited 06/30/ -E6 VIETNAM INDOOR n/ac 2X2 R43 Lifetime 2023 VIETNAM Warranty Wing WAP913246 EAN WAP 9132 n/ac 2X2 R46 WLAN AP 9132 Limited 06/30/ -E6 MOROCCO INDOOR n/ac 2X2 R46 Lifetime 2023 MOROCCO Warranty Wing Attachment D Page 375 of 471 Page 723 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP913247 EAN WAP 9132 n/ac 2X2 R47 WLAN AP 9132 Limited 06/30/ -E6 KENYA INDOOR n/ac 2X2 R47 Lifetime 2023 KENYA Warranty Wing WAP913248 EAN WAP 9132 nlac 2X2 R48 WLAN AP 9132 Limited 06/30/ -E6 ALGERIA INDOOR n/ac 2X2 R48 Lifetime 2023 ALGERIA Warranty Wing WAP913249 EAN WAP 9132 n/ae 2X2 R49 WLAN AP 9132 Limited 06/30/ -E6 NIGERIA INDOOR n/ae 2X2 R49 Lifetime 2023 NIGERIA Warranty Wing WAP913250 EAN WAP 9132 n/ae 2X2 R50 WLAN AP 9132 Limited 06/30/ -E6 GHANA INDOOR n/ac 2X2 R50 Lifetime 2023 GHANA Warranty Wing WAP914400 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 ROO US CANADA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 ROO Warranty US CANADA Wing WAP914400 EAN WAP9144 WAVE 2 ROO WLAN AP 9144 Limited 06/30/ -E6ED US CAN (EDUC) RESTRICTED CODE Lifetime 2023 NOT AVAILABLE FOR Warranty GENERAL ORDERS Wing WAP914401 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 ROI TAIWAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R01 Warranty TAIWAN Wing WAP914402 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R02 MEXICO INDOOR WAVE 2 Ll fetime 2023 DUAL RADIO 4X4 R02 Warranty MEXICO Wing WAP914403 LAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R03 COLUMBIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R03 Warranty COLUMBIA Wing WAP914404 LAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R04 SAUDI ARABIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R04 Warranty SAUDI ARABIA Wing WAP914405 LAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R05 CHINA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R05 Warranty CHINA Wing WAP914406 LAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R06 EU EFTA INDOOR WAVE 2 Lifetime 2023 Attachment D Page 376 of 471 Page 724 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 377 of 471 Page 725 of 1147 DUAL RADIO 4X4 R06 Warranty EU EFTA Wing WAP914407 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R07 ISRAEL INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R07 Warranty ISRAEL Wing WAP914408 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R08 AUSTRALIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R08 Warranty AUSTRALIA Wing WAP914409 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R09 UAL INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R09 Warranty UAL Wing WAP914410 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 RIO SOUTH KOREA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 RIO Warranty SOUTH KOREA Wing WAP914411 EAN WAP9144 WAVE 2 4x4 WLAN 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 WLAN 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 WLAN AP 9144 Limited 06/30/ -E6 R13 NEW ZEALAND INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R13 Warranty NEW ZEALAND Wing WAP914414 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R14 THAILAND INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X41214 Warranty THAILAND Wing WAP914415 EAN WAP9144 WAVE 2 4x4 WEAN AP 9144 Limited 06/30/ -E6 R15 JAPAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R15 Warranty JAPAN Wing WAP914416 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R16 DOMINICAN REP. INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R16 Warranty DOMINICAN REP. Wing WAP914417 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R17 BAHAMAS INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R17 Warranty BAHAMAS Wing Attachment D Page 377 of 471 Page 725 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP914418 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R1 QATAR INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R18 Warranty QAT R Wing WAP914419 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R19 INDONESIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R19 Warranty INDONESIA Wing WAP914420 EAN WAP9144 WAVE 2 4x4 WEAN AP 9144 Limited 06/30/ -E6 R20 EGYPT' INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R20 Warranty EGYPT Wing WAP914421 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R21 BAHRAIN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R21 Warranty BAHRAIN Wing WAP914422 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R22 LEBANON INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R22 Warranty LEBANON Wing WAP914425 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R25 CHILE INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R25 Warranty CHILE Wing WAP914426 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R26 HONG KONG INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R26 Warranty HONG KONG Wing WAP914427 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R27 PERU INDOOR WAVE 2 Ll fetime 2023 DUAL RADIO 4X4 R27 Warranty PERU Wing WAP914428 LAN WAP9144 WAVE 2 4x4 WEAN 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 WLAN AP 9144 Limited 06/30/ -E6 R29 ARGENTINA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R29 Warranty ARGENTINA Wing WAP914430 LAN WAP9144 WAVE 2 4x4 WEAN AP 9144 Limited 06/30/ -E6 R30 BRAZIL INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R30 Warranty BRAZIL Wing WAP914431 LAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R31 BRUNEI INDOOR WAVE 2 Lifetime 2023 Attachment D Page 378 of 471 Page 726 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 379 of 471 Page 727 of 1147 DUAL RADIO 4X4 R31 Warranty BRUNEI Wing WAP914432 FAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R32 KUWAIT INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R32 Warranty KUWAIT Wing WAP914433 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R33 MALAYSIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R33 Warranty MALAYSIA Wing WAP914434 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R34 OMAN INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R34 Warranty OMAN Wing WAP914435 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R35 PHILIPPINES INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R35 Warranty PHILIPPINES Wing WAP914436 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R36 SINGAPORE INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R36 Warranty SINGAPORE Wing WAP914437 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R37 SOUTH AFRICA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R37 Warranty SOUTH AFRICA Wing WAP914438 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R38 TRINIDAD INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R38 Warranty TRINIDAD Wing WAP914439 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R39 TURKEY INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R39 Warranty TURKEY Wing WAP914440 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R40 RUSSIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R40 Warranty RUSSIA Wing WAP914441 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R41 MACAU INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R41 Warranty MACAU Wing WAP914443 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R43 VIETNAM INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R43 Warranty VIETNAM Wing Attachment D Page 379 of 471 Page 727 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WAP914446 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R46 MOROCCO INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R46 Warranty MOROCCO Wing WAP914447 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R47 KENYA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R47 Warranty KENYA Wing WAP914448 EAN WAP9144 WAVE 2 4x4 WEAN AP 9144 Limited 06/30/ -E6 R48 ALGERIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R48 Warranty ALGERIA Wing WAP914449 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 1249 NIGERIA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R49 Warranty NIGERIA Wing WAP914450 EAN WAP9144 WAVE 2 4x4 WLAN AP 9144 Limited 06/30/ -E6 R50 GHANA INDOOR WAVE 2 Lifetime 2023 DUAL RADIO 4X4 R50 Warranty GHANA Wing WLCO002N EAN WEAN 9100 2 AP I IN TO WLAN 9 100 LICENSE Software 06/30/ AC I IAC LIC NU UPGRADE FOR 2 AP Warranty 2023 1 IN to I IAC LIC NU WLCO005A EAN WLAN 9100 APP WEAN 9100 Software 06/30/ PP CONTROL 5 AP LIC NU APPLICATION Warranty 2023 CONTROL LICENCE SW UPGRADE 5 AP LIC NU WLCOO I ON EAN WEAN 9100 10 AP I IN to WLAN 9 100 LICENSE Software 06/30/ AC I IAC LIC NU UPGRADE FOR 10 AP Warranty 2023 11N to I IAC LIC NU WLCO020A EAN WEAN 9 100 APP WLAN 9100 Software 06/30/ PP CONTROL 20 AP LIC NU APPLICATION Warranty 2023 CONTROL LICENCE SW UPGRADE 20 AP LIC NU WLCO05ON LAN WEAN 9100 50 AP I IN to WLAN 9100 LICENSE Software 06/30/ AC I IAC LIC NU UPGRADE FOR 50 AP Warranty 2023 11N to I IAC LIC NU WLCO05OW EAN WLAN 9100 ORCH SYS WLAN 9100 Software 06/30/ OS 50 AP LIC NU ORCHESTRATION SYS Warranty 2023 LIC FOR 50 AP REQ. BASE SW LIC NU WLCOIOOW EAN WLAN 9100 ORCH SYS WEAN 9100 Software 06/30/ OS 100 AP LIC NU ORCHESTRATION SYS Warranty 2023 Attachment D Page 380 of 471 Page 728 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 381 of 471 Page 729 of 1147 LIC FOR 100 AP REQ, BASE SW LTC NU WLCO200A EAN WLAN 9100 APP WLAN 9100 Software 06/30/ PP CONTROL 200 AP LTC APPLICATION Warranty 2023 NU CONTROL LICENCE SW UPGRADE 200 AP LIC NU WLC050OW EAN WLAN 9100 ORCH SYS WLAN 9100 Software 06/30/ OS 500 AP LTC NU ORCHESTRATION SYS Warranty 2023 LIC FOR 500 AP REQ. BASE SW LIC NU WLCIOOOW EAN WLAN 9100 ORCH SYS WLAN 9100 Software 06/30/ OS 1000 AP LTC NU ORCHESTRATION SYS Warranty 2023 LIC FOR 1000 AP REQ. BASE SW LICNU WOS9100E EAN WLAN 9100 ORCH WLAN 9100 Software 06/30/ SYSTEM LTC NU ORCHESTRATION Warranty 2023 SYSTEM SW ONLY REQ, AP LTC NU WPR9100AI EAN WLAN 9100 POE WLAN 9100 POE Limited 06/30/ -E6 INJECTOR NO PC INJECTOR FOR 912X Lifetime 2023 913X AP NO POWER Warranty CORD Wing WS -Al- IdentiTi 2.4/5GHZ 120DEG DUAL 2.4/5GHZ 120DEG I Year II/01/ DD05120 Wireless FD IND ANT DUAL FD IND ANT Warranty 2023 WS -Al- IdentIT'i 2.4/5GIIZ OMNI QUAD 2A/5GHZ OMNI QUAD I Year 07/31/ DQ04360 Wireless FD IND ANT FD IND ANT Warranty 2024 WS -Al- IdentIF1 4 DBI IN OMNI 3FEED I Year It/Ol/ DT04360 Wireless 2.4/5GHZ Warranty 2023 WS -ANT- IdentiFi 2.4GIIZ INDOOR DIPOLE 2AGHZ INDOOR I Year It/Ol/ 2DIP-2 Wireless ANT D [POLE ANT Warranty 2023 WS -ANT- IdentiFi 5GIIZ INDOOR DIPOLE 5GHZ INDOOR DIPOLE I Year ]1/0]/ 5DIP-2 Wireless ANT ANT Warranty 2023 WS -AO- IdentiFi OUTDOOR 2AG DIPOLE I Year 12/31/ 2DIPN3 Wireless 3 PACK Warranty 2019 WS -AO- IdentiFi OUTOOR 5G MIMO 9 OUTOOR 5G MIMO 9 1 Year 5D23009N Wireless DEG N DEG N Warranty WS -AO- IdentiFi OUTDOOR 5G DIPOLE 3 1 Year 12/31/ 5DIPN3 Wireless PACK Warranty 2019 WS -AO- IdentiFi OUTOOR DUAL BAND I Year 12/31/ DS02360N3 Wireless OMNI 3 PACK Warranty 2019 WS -AO- IdentiFi OUTOOR DUAL BAND OUTOOR DUAL BAND I Year 12/31/ DT05120N Wireless MIMO 120 DEG N MIMO 120 DEG N Warranty 2019 WS -AO- IdentiFi OUTDOOR DUAL BAND OUTDOOR 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 729 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -AO- IdentlFi OUTDOOR DUAL BAND OUTDOOR DUAL I Year 12/31/ DX07180N Wireless MIMO 180 DEG N BAND MIMO 180 DEG Warranty 2019 N WS -AO- IdentiM OUTDOOR DUAL BAND I Year 12/31/ DX10055N Wireless MIMO 55 DEG N Warranty 2019 WS -AO- IdentiFi OUTOOR DUAL BAND I Year 12/31/ DX13025N Wireless MIMO 25 DEG N Warranty 2019 WS-AP37051 IdentiFi DUAL BAND 2X2X2 DUAL AND 2X2X2 Limited 12/31/ Wireless MIMO INDOOR I IABGN MIMOINDOOR Lifetime 2020 AP I IABGN AP Warranty with express Advanced Hardware Replacem ent-2 Ws- IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Lifetime 07/31/ AP3710E Wireless MIMO EXTERNAL MIMO EXTERNAL Warranty - 2020 ANTENNA ANTENNA NEL Ship for Indoor APs WS-AP37101 IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Lifetime 07/31/ Wireless MIMO INTEGRATED MIMOINTEGRATED Warranty - 2020 ANTENNA ANTENNA NBD Ship for Indoor APs IdentiFi DUAL RADIO 3X33 DUAL RADIO 3X33 Limited 12/31/ AP3715E Wireless MIMO, EXT ANTENNA 2 MIMO EXT ANTENNA Lifetime 2020 ENET 2ENET Warranty with express Advanced Hardware Replacem ent-2 WS-AP37151 IdentiF'i DUAL RADIO 3X33 DUAL RADIO 3X33 Limited 12/31/ Wireless MIMO INT ANTENNA 2 MIMO INT ANTENNA 2 Lifetime 2020 ENET ENET Warranty with express Advanced Hardware Replacem ent-2 Attachment D Page 382 of 471 Page 730 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 383 of 471 Page 731 of 1147 IdentlFi ®UAL BAND 3X3X3 DUALBAND 3X3X3 I Year 07/31/ AP3765E Wireless OUTDOOR I IAGN EXT OUTDOOR I IAGN EXT Warranty - 2020 ANT ANT Stand Alone Outdoor APs WS-AP37651 IdentiFi DUAL BAND 3X3X3 DUALBAND 3X3X3 I Year 07/31/ Wireless OUTDOOR I IAGN INT OUTDOOR 11AGN INT Warranty - 2020 ANT' ANT' Stand Alone Outdoor APs Ws- ldentIF1 DUAL BAND 3X3X3 I Year 07/31/ AP3767E Wireless OUTSFP I 1AGN INT Warranty - 2020 ANT Stand Alone Outdoor APs WS-AP38011 IdentiFi AP38011 AP38011 Limited 06/30/ Wireless DUAL BA DUALBANDSINGLE Lifetime 2023 RADIO 11 AC/BGN RADIO I lAC/BGN Warranty with express Advanced Hardware Replacem ent-2 Ws- IdentiFi AP3805E I IAC DUAL Dual Radio 8 02. 11 ac/abgn Limited 06/30/ AP3805E Wireless RADIO EXT ANT 2x22 MIMO (on 5GHz) Lifetime 2023 indoor access point with Warranty four reverse polarity SMA with connectors for external express antenna array and Advanced integrated clips for flush Hardware rail drop ceiling mounting Replacem (antennas wall bracket or ent-2 protruded drop ceiling bracket must be ordered separately) WS-AP38051 IdentiFi AP38051 I IAC' DUAL D ual Radio 8 02 , I I ac/abgn Limited 06/30/ Wireless RADIO INT ANT 2x22 MfMO (on 5GHz) Lifetime 2023 indoor access point with Warranty four internal antenna array with and integrated clips for express flush rail drop ceiling Advanced mounting (wall bracket or Hardware Attachment D Page 383 of 471 Page 731 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 384 of 471 Page 732 of 1147 protruded drop ceiling Replacem bracket must be ordered ent-2 separately) WS- IdentiFi DUAL RADIO IIAC 3X33 DUAL RADIO 11AC Limited 06/30/ AP3825E Wireless MIMO EXT ANT 2 EN 3X33 MIMO EXT ANT 2 Lifetime 2023 EN Warranty with express Advanced Hardware Replace m, ent-2 WS-AP38251 IdentiFi DUAL RADIO 11AC3X33 DUAL RAD10 11AC Limited 06/30/ Wireless MIMO INT ANT 2 EN 3X33 MIMO INT ANT 2 Lifetime 2023 EN Warranty with express Advanced I lardware Replacem ent-2 Ws- IdentiFi DUAL RADIO DUAL RADIO I Year 12/31/ AP3865E Wireless 802.1 1AC/GN OUTDOOR 802.1 IAC/GN Warranty - 2023 EXT ANT OUTDOOR EXT ANT Stand Alone Outdoor APs WS-APCAP- Identi F SINGLE AP CAPACITY SINGLE All CAPACITY Software I Wireless UPGRADE (C25 V2110) UPGRADE (C25 V2110) Warranty WS-APCAP- IdentiFi 100 AP CAPACITY 100 All CAPACITY Software 100 Wireless UPGRADE (05210) UPGRADE (C521 0) Warranty WS-APCAP- IdentiFi XXX All CAPACITY XXX All CAPACITY Software 100XFR Wireless TRANSFER LICENSE TRANSFER LICENSE Warranty WS-APCAP- IdentiFi 16 AP CAPACITY 16 All CAPACITY Software 16 Wireless UPGRADE (C25 V2110) UPGRADE (C25 V2110) Warranty WS-APCAP- IdentiFi XXX AP CAPACITY XXX AP CAPACITY Software 16XFR Wireless TRANSFER LICENSE TRANSFER LICENSE Warranty WS-APCAP- IdentiFi ONE AP CAPACITY ONE AP CAPACITY Software I XFR Wireless TRANSFER LICENSE TRANSFER LICENSE Warranty WS-APCAP- IdentiFi 25 All CAPACITY 25 All CAPACITY Software 25 Wireless UPGRADE (05210) UPGRADE (05210) Warranty WS-APCAP- IdentiFi XXX All CAPACITY XXX AP CAPACITY Software 25XFR Wireless TRANSFER LICENSE TRANSFER LICENSE Warranty WS -BASE- IdentiFi 802.1lac 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 732 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 385 of 471 Page 733 of 1147 with AP3 825 access point DSeries PoE switch RADAR license Ws- IdentiFi C20/C20N WEAN CTL 16 C20/C20N WLAN CTL No 12/31/ C20XCAPU Wireless APS CAPACITY UPG 16 APS CAPACITY UPG Warranty 2020 P16 WS -C25 IdentiFi C25 WLAN C25 WLAN Lifetime 12/31/ Wireless CONTROLLER CONTROLLER Warranty - 2020 RTF 15 Day Ship WS -05210 IdentiFi 05210 WLAN 05210 WLAN I Year 03/31/ Wireless CONTROLLER CONTROLLER Warranty 2023 WS -CAB- IdentiFi 6DB LOSS 6DB LOSS I Year 06DBATN Wireless ATTENUATOR ATTENUATOR Warranty WS -CAB- IdentiFi I0DI3 LOSS IODB LOSS I Year IODBATN Wireless ATTENUATOR ATTENUATOR Warranty WS -CAB- IdentiFi 10I)BI ATTENUATOR I ODBI ATTENUATOR I Year IODBATN- Wireless WITH NTYPE WITH NTYPE Warranty SN CONNECTOR CONNECTOR Ws- IdentiFi INDOOR RSMA 10 FT INDOOR R- SMA 10 FT I Year CAB240- Wireless CABLE CABLE Warranty PIORP Ws- IdentiFi INDOOR RSMA 25 FT INDOOR R -SMA 25 FT I Year CAB240- Wireless CABLE CABLE Warranty P25RP WS -CAB- IdentiFi 6DB ATTENUATOR 6DB ATTENUATOR I Year 6DBATN- Wireless WITH NTYPE WITH NTYPE Warranty SN CONNECTORS CONNECTORS WS -CAB- IdentiFi LMR200 20 FT N LMR200 20 FT N I Year L20OC20N Wireless Warranty WS -CAB- IdentiFi LMR400 6 FT N LMR400 6 FT N 1 Year L400006N Wireless Warranty WS -CAB- IdentiFi LMR400 20 FT N LMR400 20 FT N I Year L40OC20N Wireless Warranty WS -CAB- IdentiFi LMR400 50 FT N LMR400 50 FT N I Year L400050N Wireless Warranty WS -CAB- IdentiFi LMR400 75 FT N LMR400 75 FT N I Year L40OC75N Wireless Warranty WS -CAB- IdentiFi LMR600 25 FT N LMR600 25 FT N I Year L60OC25N Wireless Warranty WS -CAB- IdentiFi LMR600 50 FT N LMR600 50 FT N I Year L600050N Wireless Warranty WS -CAB- IdentiFi CABLE I FT LMR400 CABLE, I FT LMR400, I Year NP-RPNJ Wireless TYPEN PLUG TO RPNJ TYPE -N PLUG TO RPNJ Warranty Attachment D Page 385 of 471 Page 733 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -CAB- IdentiFi CABLE 1 FT LMR400 CABLE, I FT LMR400, I Year NP-RPNP Wireless TYPEN PLUG TO RPNP TYPE -N PLUG TO Warranty RPNP WS -CAB- IdentiFi NTYPE PORT N -TYPE PORT I Year NTERM Wireless TERMINATOR TERMINATOR Warranty WS -CAB- IdentiFi RN JACK TO N JACK RN JACK TO N JACK I Year P I ORJNJ Wireless EXTENDER EXTENDER Warranty WS -CAB- IdentiFi RN PLUG TO N PLUG RN PLUG TO N PLUG I Year P I ORPNP Wireless EXTENDER EXTENDER Warranty Ws- IdentiFi WEAN CONTROLLER 25 WLAN CONTROLLER Software CTLCAPUP Wireless APS CAPACITY UPG 25 APS CAPACITY UPG Warranty 25 WSCTLCAP IdentiFi 25 AP CAPACITY 25 AP CAPACITY Software UP25XFR Wireless TRANSFER LICENSE TRANSFER LICENSE Warranty WS -MB- IdentiFi OPTIONAL BRACKET No 11/01/ A105120 Wireless FOR INDOOR 120 DEG Warranty 2023 ANT IdentiFi LICENSE TO ENABLE LICENSE TO ENABLE Software RADAR -1 Wireless RADAR ON ONE AP RADAR ON ONE AP Warranty Ws- IdentiFi LICENSE TO ENABLE LICENSE TO ENABLE Software RADAR -100 Wireless RADAR ON 100 APS RADAR ON 100 APS Warranty IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless LICENSE TRANSFER CAPACITY LICENSE Warranty I OOXFR TRANSFER IdentiFi LICENSE TO ENABLE LICENSE TO ENABLE Software RADAR -16 Wireless RADAR ON 16 APS RADAR ON 16 APS Warranty Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless LICENSE TRANSFER CAPACITY LICENSE Warranty 16XFR TRANSFER Ws- IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless LICENSE TRANSFER CAPACITY LICENSE Warranty IXER TRANSFER WS- IdentiFi LICENSE TO ENABLE LICENSE TO ENABLE Software RADAR -25 Wireless RADAR ON 25 APS RADAR ON 25 APS Warranty IdentiFi RADAR XXX CAPACITY RADAR XXX Software RADAR- Wireless LICENSE TRANSFER CAPACITY LICENSE Warranty 25XFR TRANSFER WS-REG9P- IdentiFi V9 REG DOMAIN KEY V9 REG DOMAIN KEY No 03/31/ JP Wireless JAPAN JAPAN Warranty 2020 WS-REG9P- IdentiFi V9 REG DOMAIN KEY V9 REG DOMAIN KEY Software 03/31/ NAM Wireless FCC FCC Warranty 2020 WS-REG9P- IdentiFi V9 REG DOMAIN KEY V9 REG DOMAIN KEY No 03/31/ ROW Wireless ROW ROW Warranty 2020 WS -V2110- IdentiFi V2110 VIRTUAL GW IL V2110 VIRTUAL GW IL Software 12/31/ 8 -IL Wireless Warranty 2020 Attachment D Page 386 of 471 Page 734 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. WS -V2110- IdentiFi V2110 VIRTUAL GW JP V2110 VIRTUAL CSW JP Software 12/31/ 8 -JP Wireless Warranty 2020 WS -V2110- IdentiFi V2110 VIRTUAL GW V2110 VIRTUAL CSW Software 12/31/ 8 -NAM Wireless NAM NAM Warranty 2020 WS -V2110- IdentiFi V2110 VIRTUAL GW V2110 VIRTUAL GW Software 12/31/ 8 -ROW Wireless ROW ROW Warranty 2020 WS -V2110- IdentiFi V2110 V9 VIRTUAL V2110 V9 VIRTUAL Software 03/31/ 9 -IL Wireless APPLIANCE FOR APPLIANCE FOR Warranty 2020 ISRAEL ISRAEL WS -V2110- IdentiFi V2110 V9 VIRTUAL V2110 V9 VIRTUAL Software 03/31/ 9 -JP Wireless APPLIANCE FOR JAPAN APPLIANCE FOR Warranty 2020 JAPAN WS -V2110- IdentiFi V2110 V9 VIRT APDL, V2110 V9 VIRT APDL Software 03/31/ 9 -NAM Wireless FCC REGULATORY FCC REGULATORY Warranty 2020 DOMAIN DOMAIN WS -V2110- IdentiFi V2110 V9 VIRT ADPL V2110 V9 VIRT ADPL, Software 03/31/ 9 -ROW Wireless ROW REGULATORY ROW REGULATORY Warranty 2020 DOMAIN DOMAIN X465- Smart X46524MU24W with ExtremeSwitching Limited 24MU-24W- Omni Edge 1100W PSU Bundle X46524MU24W Bundle Lifetime BI Switching includes X46524MU24W Warranty and one I I OOW AC PSU with F13 (10941) express Advanced Hardware Replacem ent X465- Smart X46524MU24W with ExtremeSwitching Limited 24MU-24W- OmniEdge 2000W PSU Bundle X46524MU24W Bundle Lifetime B2 Switching includes X46524MU24W Warranty and one 2000W AC PSU with FB (XNACPWR2000WF) express Advanced Ilardware Replacem ent X465- Smart X46524MU with I I OOW ExtremeSwitching Limited 24MU-BI OmniEdge PSU Bundle X46524MU Bundle Lifetime Switching includes X46524MU and Warranty one 1100W AC PSU FB with (10941) express Advanced Hardware Replacem ent Attachment D Page 387 of 471 Page 735 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X465- Smart X46524MIJ with 200OW Extreme Switching Limited 24MU-B2 OnmiEdge PSU Bundle X46524MU Bundle Lifetime Switching includes X46524MU and Warranty one 2000W AC PSU FB with (XNACPWR200OWF) express Advanced I lardware Replacein ent X465 -24W- Smart X46524W with I I OOW ExtremeSwitching Limited B I OmniEdge PSU Bundle X46524W Bundle Lifetime Switching includes X46524W and Warranty one I IOOW AC PSU FB with (10941) express Advanced Hardware Replacein ent X465 -24W- Smart X46524W with 200OW ExtremeSwitching Limited B2 OrnmEdge PSU Bundle X46524W Bundle Lifetime Switching includes X46524W and Warranty one 200OW AC PSU FB with (XNACPWR200OWF) express Advanced Hardware Replacein ent X465 -48P- Smart X46548P with IIOOWPSU ExtremeSwitching Limited BI OmmEdge Bundle X46548P Bundle includes Lifetime Switching X46548P and one I I OOW Warranty AC PSU FB (10941) with express Advanced Hardware Replacem, ent X465 -48T- Smart X46548T with 350W PSU ExtremeSwitching Limited B3 OrnmEdge Bundle X46548T Bundle includes Lifetime Switching X46548T and one 350W Warranty AC PSU FB (10953) with express Advanced I lardware Replacern ent Attachment D Page 388 of 471 Page 736 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. X465 -48W- Smart X46548W with I I OOW Extreme Switching Limited BI OnmiEdge PSU Bundle X46548W Bundle Lifetime Switching includes X46548W and Warranty one I IOOW AC PSU FB with (10941) express Advanced I lardware Replacein ent X465 -48W- Smart X46548W with 200OW ExtremeSwitching Limited B2 OmniEdge PSU Bundle X46548W Bundle Lifetime Switching includes X46548W and Warranty one 200OW AC PSU EB with (XNACPWR200OWF) express Advanced Hardware Replacein ent XA1440 EAN ExtremeAccess Platform ExtremeAccess Platform I Year 1440 1440 hardware appliance Warranty with 6 10/100/1 OOOMbps BaseT ports and 2 I/IOGb SFP+ ports includes Fan and 112V external power adapter. Power Cord to be ordered separately XA1480 EAN ExtremeAccess Platform ExtrerneAccess Platform I Year 1480 1480 hardware appliance Warranty with 6 10/100/1 OOOMbps BaseT ports and 2 I/IOGb SFP+ ports includes Fan and I 12V external power adapter. Power Cord to be ordered separately XBR- SRA FRU I I OOW DCPSNON FRU I I OOW DC Power I Year IIOOWPSDC PORTSIDE EXHAUST Supply for Warranty -01-F VDX6940144S with Non Port side exhaust airflow XBR- SRA FRU I 100W FRU I I OOW DC Power I Year I I OOWPSDC DCPSPORTSIDE Supply for Warranty -01-R EXHAUST VDX6940144S with Port side exhaust airflow XBR- SRA FRU 250W MCPS/FAN DC Power supply(with I Year 250WPSDC- integrated fans) for Warranty F VDX6740DCF Attachment D Page 389 of 471 Page 737 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FRU 250W DCPS/FAN DC Power supply with I Year 250WPSDC- integrated fans) for Warranty R VDX6740DCR XBR- SRA SLX FIXED FAN AC SEX Fixed FAN Front to I Year 3250CFM- PORTSIDE INTAKE Back airflow Warranty FAN -F XBR- SRA SLX FIXED FAN AC SLX Fixed FAN Back to I Year 3250CFM- PORTSIDE EXHAUST Front airflow Warranty FAN -R XBR- SRA FRU 500W ALPS FRU 50OW AC Power No 500WI-ISAC- Supply with Non Port side Warranty 01-F exhaust airflow for VDX6740T XBR- SRA FRU 500W ALPS FRU 50OW AC Power No 500WPSAC- Supply with Port side Warranty 01-R exhaust airflow for VDX 6740T XBR-AC- SRA FRU AC FAN FRU AC fan assembly I Year FAN -F with Non port side Warranty Exhaust airflow for VDX6740TF XBR-AC- SRA FRU AC FAN FRU AC fan assembly I Year FAN -R with port side Exhaust Warranty airflow for VDX6740TR XBR- SRA FRU300OW AC POWER 32slot NetIron I Year ACPWR- SUPPLY MLXe/XMR/MLX AC Warranty 3000 3000W power supply XBR- SRA SEX FIXED AC 650W PS SEX Fixed AC 650W I Year ACPWR- PORTSIDE INTAKE Power Supply Front to Warranty 650-F Back airflow. Power cords not included. XBR- SRA SEX FIXED AC 650W PS SEX Fixed AC 650W 1 Year ACPWR- PORTSIDE EXHAUST Power Supply Back to Warranty 650-R Front airflow. Power cords not included. XBR-BLNK- SRA PNLBLAND IO Blank Panel I Year FULL MODULES/LC forVDX87704 and Warranty VDX87708 1/0 Modules XBR-BLNK- SRA PNL BLANK SFM/MM Blank Panel for I Year HALF FOR 4/8 SLOT CHASSIS VDX87704 and Warranty VDX87708 SFM and M Module Slots XBR-BLNK- SRA PNC, BLANK PS FOR 4/8 Blank Panel for I Year PSU SL OT VDX87704 and Warranty VDX87708 PSU Slots Attachment D Page 390 of 471 Page 738 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR-DC- SRA FRU CABLE HARNESS Cable harness for VDX No CBL-HRNS FOR VDX 6940144S DC 6940144S DC skus Warranty XBR- SRA FRU300OW DC POWER 32slot Netlron I Year DCPWR- SUPPLY MLXe/XMR/MLX AC Warranty 3000 300OW power supply XBR- SRA SLX FIXED DC 650W PS SLX Fixed DC 650W I Year DCPWR- PORTSIDE INTAKE Power Supply Front to Warranty 650-F BDCk airflow. Power cords not included. XBR- SRA SLX FIXED DC 650W PS SLX Fixed DC 650W I Year DCPWR- PORTSIDE EXHAUST Power Supply BI)Ck to Warranty 650-R Front airflow. Power cords not included. XBR-FAN- SRA FRU FRU AC fan assembly I Year 40-F FAN40MMNONPoRT with Non port sideExhaust Warranty SIDE EXHAUST airflow for VDX694036Q XBR-FAN- SRA FRU FAN40MMPORT FRU AC fan assembly I Year 40-R SIDE EXHAUST with port side Warranty Exhaustairflow for VDX694036Q XBR-FAN- SRA FRU FAN80MMNON FRU AC fan assembly I Year 80-01-F PORT SIDE EXHAUST with non port side Warranty Exhaust airflow for VDX6940144S XBR-FAN- SRA FRU FAN80MMPORT FRU AC fan assembly I Year 80-01-R SIDE EXHAUST with port side Exhaust Warranty airflow for VDX6940144S XBR-FAN- SRA FRUFAN ASSY 4/8 SLOT Fan FRU for VDX87704 I Year FRU CHASSIS and VDX87708 Slot Warranty Chassis XBR-FLTR- SPA FRUM4 FILTER RPLCMT Filter replacement for all I Year 4DS 4 POSTSHELF DUCT VDX87704 installed with Warranty a duct shelf XBR-FLTR- SRA VDX87704 FILTER Filter replacement for all I Year 4TEL REPLACEMENT TELCO VDX87704 mid mounted Warranty 2POST on a 2 Post rack XBR-FLTR- SPA 1 8 FILTER FRU Filter replacement for all I Year 8 VDX87708 rack Mounts Warranty XBR- SRA FRUSLX FIXED SLX Fixed Rackmount I Year 8000297 RACKMOUNT KIT kit. 4post mid/flush mount Warranty compatible XBR-RMI- SRA VDX87708 RK KIT VDX87708 Rack kit for I Year 4P-8 4POST 273 1 RECD FLUSH Flushed or recessed mount Warranty on a 4 Post rack Attachment D Page 391 of 471 Page 739 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR-RMI - SPA VDX87704 RACK KIT 4 VDX87704 RACK KIT 4 1 Year FL -4 POST 2731FLUSH POST 2731 FLUSH Warranty XBR-RMI - SRA VDX87704 RACK KIT4 VDX87704 RACK KIT 4 1 Year FL-4DS-2 POSTFLUSH MOUNT POST SHELF DUCT Warranty 2731 FLUSH (MODIFIED FOR GEN2 MODULES) XBR-R- SPA VDX87704 RACK KIT4 VDX87704 RACK KIT 4 1 Year RE-4DS-2 POSTRECESSED MNT POST SI [ELF DUCT Warranty 2731 RECESSED (MODIFIED FOR GEN2 MODULES) XBR-RMI - SRA VDX87704 RACK KIT VDX87704 RACK KIT I Year TELCO -4 TELCO 2POST MID MT TELCO (2 POST) MID Warranty FII MOUNT AND FLUSH XBR-RMI - SRA VDX87708 RACK KIT VDX87708 RACK KIT I Year TELCO -8 TELCO 2POST MID MT TELCO (2POST) MID Warranty MOUNT XBR- SPA 2POST RACK Brocade SLX 9850 1 Year SLX9850-4- MOUNTING KIT FOR twopost rack mounting kit Warranty 2P -I SLX98504 for 4 slot chassis. Include telco flush and midplane mounting XBR- SRA 4POST RACK Brocade SLX 9850 1 Year SLX9850-4- MOUNTING KIT FOR foul -post rack mounting kit Warranty 4PRM-KIT SLX98504 for 4 slot chassis. Include 2731 Rush and recessed mounting XBR- SPA FRUCABLE Brocade SLX 9850 Cable I Year SLX9850-4- MANAGEMENT KIT FOR Management kit for 4slot Warranty CAB SLX 98504 chassis XBR- SRA SLX98504 FAN MODULE Brocade SLX 9850 fan I Year SLX9850-4- module for 4slot chassis. Warranty FARM Fan module has 2 fans. XBR- SRA SLX98504 AIR FILTER Brocade SLX 9850 air I Year SLX9850-4- filter for 4slot chassis Warranty FLTR XBR- SRA REBS KIT FOR SLX98504 Brocade SLX 9850 REBS I Year SLX9850-4- kit for 4slot chassis. Warranty NEBS-KIT Includes air filter door air filter and cable management kit XBR- SRA SPARE SLX98504 Brocade SLX9850 Spare I Year SLX9850-4- CHASSIS 4slot chassis Warranty S Attachment D Page 392 of 471 Page 740 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA BLANK PANEL FOR Brocade SLX 9850 switch I Year SLX9850-4- SLX98504 SFM fabric module blank panel Warranty SFMPNL for 4slot chassis XBR- SRA 2POST RACK Brocade SLX 9850 1 Year SLX9850-8- MOUNTING KIT FOR twopost rack mounting kit Warranty 2PRM-KIT SLX98508 for 8 slot chassis. Include telco flush and midplane mounting XBR- SRA 4POST RACK Brocade SLX 9850 1 Year SLX9850-8- N40UNTING KIT FOR fourpost rack mounting kit Warranty 4PRM-KIT SLX98508 for 8 slot chassis. Include flush and recessed mounting XBR- SRA FRUCABLE Brocade SLX 9850 Cable I Year SLX9850-8- MANAGEMENT KIT FOR Management kit for 8slot Warranty CAB SLX 98.508 chassis XBR- SRA SLX98508 FAN MODULE Brocade SLX 9850 fan I Year SLX9850-8- module for 8slot chassis. Warranty FANM Fan module has 4 fans. XBR- SRA SLX98508 AIR FILTER Brocade SLX 9850 air I Year SLX9850-8- filter for 8slot chassis Warranty FLTR XBR- SRA NEBS KIT FOR SLX98508 Brocade SLX 9850 NEBS I Year SLX9850-8- kit for 8slot chassis. Warranty NEBS-KIT Includes air filter door air filter and cable management kit XBR- SRA SPARE SLX98508 Brocade SLX9850 Spare I Year SLX9850-8- CHASSIS 8slot chassis Warranty S XBR- SPA BLANK PANEL FOR Brocade SLX 9850 switch I Year SLX9850-8- SLX98508 SFM fabric module blank panel Warranty SFMPNL for 8slot chassis XBR- SRA SLX9850 AC 300OW Brocade SLX 9850 AC I Year SLX9850- POWER SUPPLY 3000W power supply for Warranty ACPWR- 4slot and 8slot chassis 3000 90270V AC input XBR- SRA SLX9850 DC 300OW Brocade SLX 9850 DC I Year SLX9850- POWER SUPPLY 300OW power supply for Warranty DCPWR- 4slot and 8slot chassis 3000 48V DC input XBR- SRA BLANK PANEL FOR Brocade SLX 9850 1 Year SLX9850- SLX9850 INTERFACE interface module blank Warranty IMPNL MODULE panel for 4slot and 8slot chassis Attachment D Page 393 of 471 Page 741 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA BLANK PANEL FOR Brocade SLX 9850 1 Year SLX9850- SLX9850 MGMT management module Warranty MMPNL MODULE blank panel for 4slot and 8slot chassis XBR- SRA BLANK PANEL FOR Brocade SLX 9850 power I Year SLX9850- SLX9850 POWER supply blank panel for Warranty PWRPNL SUPPLY 4slot and 8slot chassis XBR- SRA FRUVDX674024PSFP+DC FRU VDX 6740T 48P I Year VDX6740- NONPORTSIDE EX 1GBASET PC RTS2 Warranty 24 -DC -F 40GBE QSFP+ UPGRADABLETO IOGBASET VIA LICENSE ONLY NO OPTICS AC NONPORT SIDE EXHAUST AIRFLOW XBR- SRA FRUVDX674024PSFP+DC FRU VDX 6740TIG 48P I Year VDX6740- PORTSIDE EXIT AF IGBASET PORTS2 Warranty 24 -DC -R 40GBE QSFP+ UPGRADABLETO I OGBAS ET VIA LICENSE ONLY NO OPTICS AC PORT SIDE EXHAUST AIRFLOW XBR- SRA FRUVDX674024PSFP+AC FRU VDX 6740 24P I Year VDX6740- NONPRT SD EX AF SF'P+ AC NONPORT Warranty 24-F SIDE EXHAUST AIRFLOW XBR- SRA FRUVDX674024PSFP+AC FRU VDX 6740 24P I Year VDX6740- PORTSIDE EX AF SFP+ AC PORT SIDE Warranty 24-R EXHAUST AIRFLOW XBR- SPA FRUVDX67401'24P I OGT FRU VDX 67401"24P I Year VDX6740T- DCNONPORTSIDE EX I OGBT DC NONPORT Warranty 24 -DC -F SIDE EXHAUST' AIRFLOW XBR- SRA FRUVDX6740T24PIOGBT FRU VDX 6740T 24P I Year VDX6740T- DCPRT SD EX AF I OGBT DC PORT SIDE Warranty 24 -DC -R EXHAUST AIRFLOW XBR- SRA FRUVDX6740T24PI0GBT FRU VDX 6740T 24P I Year VDX6740T- ACNONPRT SD EX IOGBT AC NONPORT Warranty 24-F SIDE EXHAUST' AIRFLOW XBR- SRA FRUVDX6740T24PI0GBT FRU VDX 6740T 24P I Year VDX6740T- ACPRT SD EX AF I OGBT AC PORT SIDE Warranty 24-R EXHAUST AIRFLOW Attachment D Page 394 of 471 Page 742 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FRUVDX6740TIG48PIG FRU VDX 6740T 48P I Year VDX6740T'- BASET PORTSN IGBASET PORTS2 Warranty 56-1 G -DC -F 40GBE QSFP+ UPGRADABLETO I OGBAS ET VIA LICENSE ONLY NO OPTICS AC NO PORT SIDE EXHAUST' AIRFLOW XBR- SRA FRUVDX6740TIG48PX FRU VDX 6740TIG 48P I Year VDX6740T- IGTNPORTSIDE EX I GBASET PORTS2 Warranty 56 -IG -DC -R 40GBE QSFP+ UPGP,ADABLETO IOGBASET VIA LICENSE ONLY NO OPTICS DC PORT SIDE EXI [AUST AIRFLOW XBR- SRA FRIJVDX6740 TIG48P FRIJ VDX 6740T 48P I Year VDX6740T- X I GTNON PORT EX I GBASET PORTS2 Warranty 56 -IG -F 40GBE QSFP+ UPGRADABLETCS 10GBASET VIA LICENSE ONLY NO OPTICS AC NONPORT SIDE EXHAUST AIRFLOW XBR- SRA FRUVDX6740T] G48PX FRU VDX 6740TIG 48P IYear VDX6740T- I GTPORTSIDE EX AF IGBASET PORTS2 Warranty 56-1 G -R 40GBE QSFP+ UPGRADABLE TCS IOGBASET VIA LICENSE ONLY NO OPTICS AC PORT SIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX I Year VDX6940- VDX6940240ACNON 6940360 base system Warranty 240 -AC -F PORTSIDE EXHAUST with 24 40GbE QSFP+ ports AC powersupply NON PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX I Year VDX6940- VDX694024QACPORTSI 6940360 base system Warranty 240 -AC -R DE EXHAUST with 24 40GbE QSFP+ ports AC powersupply PORTSIDE EXHAUST AIRFLOW Attachment D Page 395 of 471 Page 743 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SRA FRU FRU Brocade VDX I Year VDX6940- VDX694024QDCNON 6940360 base system Warranty 24Q -DC -F PORTSIDE EXHAUST with 24 40GbE QSFP+ ports DC powersupply NON PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX I Year VDX6940- VDX694024QDCPORTSI 694036Q base system Warranty 24Q -DC -R DE EXHAUST with 24 40GbE QSFP+ ports DC powersupply PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX I Year VDX6940- VDX694064SACNON 69401445 base system Warranty 64S -AC -F PORTSIDE EXHAUST with 64 1 OGbE SFP+ ports AC powersupply NON PORTSIDE EXHAUST AIRF LOW XBR- SRA FRU FRU Brocade VDX I Year VDX6940- VDX694064SACPORTSID 6940144S base system Warranty 64S -AC -R E EXHAUST with 64 1 OGbE SFP+ ports AC powersupply PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX I Year VDX6940- VDX694064SDCNON 6940144S base system Warranty 64S -DC -F PORTSIDE EXHAUST with 64 1 OGbE SFP+ ports DC powersupply NON PORTSIDE EXHAUST AIRFLOW XBR- SRA FRU FRU Brocade VDX I Year VDX6940- VDX694064SDCPORTSID 69401445 base system Warranty 64S-DC,R E EXHAUST with 64 1 OGbE SFP+ ports DC powersupply PORTSIDE EXHAUST AIRFLOW XBR- SRA 4 SLOT 41/0 Slot chassis 0 SFM I Year VDX8770-4 CHASSISOSFMOMM2FA 0 MM 2 FAN 0 PSU Warranty NOPS Blanks fully populated XBR- SRA 8 SLOT 81/0 Slot chassis 0 SFM I Year VDX8770-8 CHASSISOSFMOMM4FA 0 MM 4 FAN 0 PSU Warranty NOPS Blanks frill y populated XBR- SRA CONVERGED SERVICE FC OE S/W LICENSE 8 1 Year 10/31/ VDXFCOE- F'RUVDX673016/24 8G FC ports 8 FC optics Warranty 2024 01 FOR VDX673024 VDX673016 Attachment D Page 396 of 471 Page 744 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XBR- SPA CONVERGED SERVICE FCOE S/W LICENSE 16 1 Year 10/31/ VDXFCOE- FRUVDX674040/60 8G FC ports 16 FC optics Warranty 2024 02 FOR VDX673060 VDX673040 XEN- SRA FRU110OW FRU I I OOW AC Power I Year 1100 SAC PSACNONPORT SIDE supply for VDX6940144S Warranty -F EXHAUST AF NONPORTSIDE EXHAUST AF XEN- SPA FRUI 10OW FRU I I OOW AC Power I Year 1100 SAC PSACPORTSIDE supply for VDX6940144S Warranty -R EXHAUSTAF PORTSIDE EXHAUST AF XEN- SRA FRU250WACPS/FANNO Brocade VDX 6740 G620 I Year 25OWPSAC- NPORTSIDE EXHAUST PS/Fan FRU NONPORT Warranty F SIDE EXHAUST AIR FLOW XEN- SRA FRU250WACPS/FANPOR Brocade VDX 6740 G620 I Year 250WPSAC- T SIDE EXHAUST PS/Fan FRU PORT SIDE Warranty R EXHAUST AIR FLOW XEN- SRA FRU SERIAL CABLE Serial Cable (RJ45 I Year 8000030 RJ45 / ADAPTOR Connector) Warranty XEN- SRA FRU 6510 FIXED RACK FRU6510/6505/6710/674 No 8000291 MOUNT KIT OFIXED RACK MOUNT' Warranty K[Tfor 4 post racks XEN- SRA FRUMIDMOUNT KITBR FRU6510/6505/6710/674 No 8000292 0 MIDMOUNTKIT for 2 Warranty postracks XEN- SRA FRUFLUSH MOUNT Flush mount kit for 2 post No 8000293 KIT 14U RM KITBR racks for VDX67 1 O/VDX Warranty 6740 XEN- SRA FRU2 POST MID MOUNT G620/VDX6940/VDX674 No 8000294 KIT/FLUSH MOUNT KIT OT MID MOUNTRACK Warranty KIT for 2 post racks XEN- SRA FRUUNIVERSAL RCK FRUUNIVERSAL RACK I Year 8000295 MNT KIT4 POST MOUNT KIT4 POST Warranty 2432 DEPTH RCK VDX 6740T/VDX6740T I G XEN- SPA FRUUNIVERSAL RCK G620NDX6940NDX674 No 8000296 MNTKIT4 POST OT FIXED RACK Warranty MOUNT KIT for 4 post racks XEN- SRA SLX 9640 FAN AC 17213 SLX 9640 FAN Front to I Year SLX9640- AIRFLOW Back airflow Warranty FAN -F Attachment D Page 397 of 471 Page 745 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XEN- SRA SLX 9640 FAN AC 132E SLX 9640 FAN Back to I Year SLX9640- AIRFLOW Front airflow Warranty FAN -R XEN-TWX- SRA FRU TW1NAXI METERI FRU TWINAX I I Year 10/31/ 0101 PACK METERI PACK Warranty 2024 XEN-TWX- SRA FRU TW1NAXI METERS FRU TW[NAX I I Year 10/31/ 0108 PACK METERS PACK Warranty 2024 XEN-TWX- SRA FRU TWINAX3 METER1 FRU TWINAX3 I Year 10/31/ 0301 PACK METERI PACK Warranty 2024 XEN-TWX- SRA FRU TWINAX3 METERS FRU TWINAX3 I Year 10/31/ 0308 PACK METER8 PACK Warranty 2024 XEN-TWX- SRA FRU TWINAX5 METERI FRU TWINAX5 I Year 10/31/ 0501 PACK METERI PACK Warranty 2024 XEN-TWX- SRA FRU TWINAX5 METERS FRU TWINAX5 I Year 10/31/ 0508 PACK METERS PACK Warranty 2024 XEN-USB- SRA FRU4GB USB DRIVEBR FRU 4 GB USB Drive I Year 4GB Warranty XESN- Network Extreme Essential Plus Extreme Essential Plus Software PLUS -SW- Manage Software Package Software Package Warranty PIACI nt includes Network Management (NMS) AP Adoption Licenses and Network Access Control (NAC) XN-2P- SRA Two Post NEBS Kit for Spare two post mounting I Year RKMT299 SLX9150 ear NEBS earthquake kit Warranty for use in SLX9150 XN-2P- Smart 2P RMKIT X465 VSP4900 Optional two post rack Limited RMKIT-001 OmniEdge mount kit for Lifetime Switching Extreme Switching X465 Warranty and VSP4900 models. with Includes brackets for front express or midmount of chassis in Advanced a two post rack. Ilardware Replacern ent XN-2P- Smart RM Kit 200 series X430 Rack Mount Kit Spare for No RMKIT-004 OmmEdge X435 X44002 24 and 48 port models of Warranty Switching 200 series X430 X435 X440G2 XN-2P- EAN Two Post Rack Mount kit Optional two post rack No RMKIT-XA for XA 1400 mount kit for Warranty ExtremeAccess Platform 1400 models. Includes brackets for front mount Attachment D Page 398 of 471 Page 746 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Attachment D Page 399 of 471 Page 747 of 1147 of chassis in a two post rack. XN-4P- Smart Spare 4P 12I\ KIT' Spare four post rack Limited RKMT-001 OmniEdge VSP4900 mount kit for use with Lifetime Switching Extreme Switching X465 Warranty and VSP4900 with express Advanced Hardware Replacem ent XN-4P- EAN Four Post Rail Kit VSP Spare four post rack I Year RKMT298 7400 SLX9150 mount rail kit for use in Warranty VSP7400 SLX9150 XN- Smart 200OW AC PSU X465 Modular Power Supply I Year ACPWR- OmniEdge VSP4900 200OW AC Front to Back Warranty 2000W -F Switching Supported on Extreme Switching X465 and VSP4900 XN- FAN VSP/SLX 750W AC PSU AC 7500 PSU Front to I Year ACPWR- Front to Bk airflow Back Airflow for use in Warranty 750W -F VSP7400 SLX9150 XN- FAN VSP/SLX 750W AC PSU AC 750W PSU Back to I Year ACPWR- Bk to Front airflow Front Airflow for use in Warranty 750W -R VSP7400 SLX9150 XN- EAN VSP/SLX 750W DC PSU DC 7500 PSU Front to I Year DCPWR- Front to Bk airflow Back Airflow for use in Warranty 750W -F VSP7400 SLX9150 XN- EAN VSP/SLX 750W DC PSU DC 750W PSU Back to I Year DCPWR- Bk to Front airflow Front Airflow for use in Warranty 750W -R VSP7400 SLX9150 XN-FAN- EAN VSP/SLX Front to Back Single Fan module Front I Year 001-F Fan to Back Airflow for use in Warranty VSP7400 SLX9150 XN-FAN- EAN VSP/SLX Back to Front Single Fan module Back I Year 001-R Fan to Front Airflow for use in Warranty VSP7400 SLX9150 XN-FAN- Smart Spare Fan Module X465 Spare fan module front to Limited 002-F OmniEdge VSP4900 back airflow supported on Lifetime Switching ExtremeS witching X465 Warranty and VSP4900 with express Advanced Hardware Replacem en t Attachment D Page 399 of 471 Page 747 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. XNI- SRA SPARE FAN TRAY FOR Leadfree spare fan tray for I Year CE2000- NI CER/CES ROHS6 NetIron CES and NetIron Warranty FAN CER Series XN-SSI)- Smart 120GB SSD MODULE Modular SSD 120GB I Year 001-120 OmniEdge supported on Warranty Switching Extreme Switching X465 and VSP4900 Attachment D Page 400 of 471 Page 748 of 1147 1�J Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Table I - Extreme Product Warranty Summary of Entitlements Warranty Durationof Global Technical Warrant Warranty "Warranty Period" d" Assistance nce Center On -Line Support Portal Software/Firmware Availability Hardware e 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 - Hardware 5 Year Warranty Five Years Five Years Five Years Operational shipped within 10 business days of Software" Updates receipt of defective asset Product Lifetime for Base Operational Limited Lifetime Software Updates Advanced exchange replacement Warranty - 10 Business Product Lifetirne� Product Lifetime Product and Upgrades hardware is shipped within 10 Day Ship Lifetime business days One Year for Advanced Software License Updates' Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty With Express Product Lifetime Product Lifetime Product Base Operational hardware shipped next business day Advanced Hardware Lifetime Software Updates' from RMA approval time Replacement' Limited Lifetime One year for Return and Replace - Hardware Warranty 15 Day Return Product Lifetime Product Lifetime Product Base Operational shipped within 15 business days of To Factory Ship Lifetime Software Updates receipt of defective asset Limited Lifetime Product Lifetime for Advanced exchange replacement Warranty With Express Product Lifetime Product Lifetime Product Base Operational hardware shipped next business day Advanced Hardware Lifetime Software Updates from RMA approval time Replacement -2 and Upgrades Software Warranty8 90 Days 90 Days 90 Days 90 Days N/A I Month Warranty I Month for Return and Replace - Hardware (WiNG)8 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)8 3 Months 90 Days 3 Months N/A shipped within 10 business days of receipt of defective asset 90 Days - Defective Return and Replace - Hardware I Year Warranty One Year 90 Days 1 Year software media shipped within 10 business days of (WNG)El� 10 replacement receipt of defective asset Limited Lifetime Product 90 Days - Defective Return and Replace - Hardware Warranty8 (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 9 Product Base Operational Advanced Hardware Product Lifetime Product Lifetime Lifetime Software Updates and hardware shipped next business day Replacement -131 Upgrades from RMA approval time u,fl dvh,,,� "'I i ItMI eGY/ v0r/ dov I v III I, I ol I spn�, hc I nd L�C�I I I I I n I VI 1 o I n ,Icl 1: r 0 I Ia,.'cs, :�cI I I) I I I I Xt r r I e I o 1 tio�,4 Dipci a Licm,fl w14 "V,X0 j" do I i I I �,d by I I' mry I �,flcw III!,, I'Vorl"MtV " 01 �I 1Ipjphcobhr�c, Hw VVI '\N olld I )r,quh'vd Grrtl.lra, V I rfl dVi`dlif7.d orlcI I 1 I'tv or/oh 1, , ) 1 I ' <1 I I I o�, )+j 14 l,:,I :< ro I n I J vo I, k ' , , I I cl ,� I �, 10 1 v o i un J I k N,:� @ d Ire I \VI I a n I � n I ) L [ , ) i:: II i�-k:::I ra ,vaea I I p I I I � p "V I I )q rn,lc r, I I I I I I i,1 �fiwIi b I Inu v",:ailI rn I p� ' IBI: :I I I Advo n , 9 vofl v,, , a I I I i I I: I I , ` , rima „l V, i I I f vd, I I I I 'i I 11 , ; ') 14 " , I J or I / 1 " ted lea,e ia, � ) I I 1 11 1 o -S 1, 1 r ) I a., hjhi:!I d0)I)I:1J :::;dn:i w I Md UM,A tw 2 wiji,Bal � (fioin A/;,,n,oIfl r sI art 0fc) IZII,flin�, Supj')1t� 1 1') , " i I I , n j K 4 11 11 '1 1' 4 1 y".� { ( , I I V * I I I I "v, o c I ,/ n I I r L I I I I C I � , t t, a { ; ) I I I , 11'ial5,1 I I I 'w I I I t fi I n 111 1 1 7f V I, I I I ck�y� f I ()IT , 1) N I , n lf I I IT I o I, p I, d L [ t' 111 Pt :;dwT1 t It nt mw t.?I VVI , k III hp 1r, r, /1" Invid of I nqfh \n­Ii'Il 1:,JI:1,I I Inh/ I I'lid""oll RojAwernenI )': tuu HT"I dofin"'d 11"Id onindlHoned b",, I :�heme beho"'i WWW.EXTREMENETWORKS.COM 2 Attachment D Page 402 of 471 Page 750 of 1147 Attachment Extreme networks Product Warranty, End User License Agreement, Etc. Product (Limited) Warranty Hardware Product Warranty Subject tothe limitations and conditions set forth herein, Extreme warrants tothe original purchasing End User that each unit ofExtreme hardware products (^Hardwere Products" or''ProducLa'')will befree from defects in material and workmanship under normal use consistent with Extreme's published written specifications for the Product a1the time ofshipment. Warranty Period is for the dunatimnspecifiedinTab|el-ProductVVarnantybeginning from the date of shipment. Breach ofwarranty will be enforceable against Extreme only ifwritten notice of such breach isreceived byExtreme within the applicable Warranty Period. Subject tothe limitations and conditions set forth herein, Extreme warrants that commencing onthe Warranty Start Date and continuing fora period of ninety (90) days: (a) the media onwhich the Software iafurnished will be free of defects in materials and workmanship under normal use and (b)the Software substantially conforms 1othe documentation. Except for the foregoing limited warranty, the Software isprovided "AS |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 remedy and the entire liability ofExtreme and its suppliers under this limited warranty will be (i) replacement ofthe defective media and/or (ii) at Extreme's sole option, repair or replacement of the Software subject tothe condition that any error ordefect constituting abreach ofthis limited warranty isreported to Extreme within the warranty period. In noevent does Extreme warrant that the Software iserror free orthat End User will beable tooperate the Software without problems orinterruptions. |naddition, due tothe continual development ufnew techniques for intruding upon and attacking networks' Extreme does not warrant that the Software orany equipment, system ornetwork onwhich the Software is used will be free ofvulnerability to intrusion or attack. Remedies- |nthe event of 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 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 ufwarranty. Toensure timely receipt ofProduct Warranty entitlements as described herein' end-user customer must register your Extreme products. Product registration is required within 30 days after purchase tovalidate product warranty. Failure todoso may result indelays in receiving warranty support. Product warranty registration is available at: Tbdetermine the applicable warranty for aparticular Definitions Used inThis Policy Docunnentatimn-Extremesuppdiedorpub|ishedthen- current technical hen'currenttechnica| documentation describing the features and functions of the associated Products. Warranty Start Date-Usedinthis policy is from the date of shipment ofthe Product from Extreme, orinthe case of resale byanExtreme authorized reseller, commencing not more than 90 days after shipment by Extreme. NanantyDuratkxn- ProdmctUfetinne- Except where otherwise defined, eperiod oftime commencing onthe Warranty Start Date from Extreme (see be|ow)and ending unfive years from the Product's announced end'of-ua|e date inaccordance with Extreme's End ofLife policy described at: For purposes offurther clarity, end'of'sa|edetes are defined in the Extreme End ofLife Policy. Extreme Wireless Controllers Product Lifetime warranty duration is one year from the Product's end - of -sale date. Base Operational Softwame-Embeddedsoftwarethatis required tooperate an Extreme -branded network device and iaoffered for sale asaninclusive component mfsuch hardware network device product asfurther described in Extreme's published price list applicable tosuch hardware product (''CoveredProduct''). Feature Packs and Advanced SmftvanaUcemses-Dehned assoftware enabled pursuant toauthorized use ofan Extreme -issued license key that enables certain optional embedded software features in an Extreme Networks network device and iooffered for sale asanoptional component ofsuch hardware network device product ao further described in Extreme Networks' published price list applicable to such hardware product (''Covered Product''). Advanced Softvan*UcenseUpdatem-Minorre|easesof Advanced Software Licenses that are optional embedded WWW.sxrnsmswsrwonxx.COn s Attachment Page 403 of 471 Page 751Of1147 Attachment Extreme networks Product Warranty, End User License Agreement, Etc. App|icatimnSmftmana- Defined assoftware that ia not Extreme will use all commercially reasonable efforts required tooperate anetwork device, such asmanagement topick pack and ship the hardware replacement using software orother standalone software. |tisnot an enhancement tothe Base Operational Software and may reside onanother network device. Upgrade and Update Software / Firmware Release Schema-A.B.C. ~ 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 isentitled as part ofthis warranty to utilize Extreme warranty support line via email, Web form ortelephone available from 8 AMto5PM(Monday toFriday) local End User's time for basic hardware and operational software troubleshooting assistance inconnection with warranty claims, including RM/Ye(excluding installation, configuration and general networking troubleshooting). On -Line SuppmrtPorta|-CustomershaUa|sohaveaccess toExtreme Customer Support Website byregistering the Product and/or FRU at: which may include, but is not limited to: (i)information about status and/or review ofknown hardware and/or software issues/prob|ems.(ii) access tmtechnical 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 orBase Operational Software upgrades/updates that Extreme may develop and generally release on Covered Products. Base Operational Software: Updatea-Cetomerisentb|ed toreceive any Base Operational Software updates (i.e.'sustaining and/or maintenance re|eases)that Extreme may develop and generally release onCovered Products. Hardware Replacement: 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, inorder toship the replacement product 1oyour site, bythe end ofday mfthe Next Business Day. Otherwise Second Business Day shipment will beprovided for RMAs processed after the time indicated. a commercial delivery service tocustomers' site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery from an Extreme regional parts depot tothe customer delivery site. Variation in business delivery days ispossible depending oncountry ofdestination orgeographical location with the country mr other factors. Extreme pays for the return freight cfproducts from Customer to Extreme including any applicable taxes, duties and custom fees 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 custom fees in Customers destination country. Extreme will not be the importer of record onany shipments tmCustomer. Customer ioresponsible for returning the defective Product toanExtreme-authorized return facility. |nthe event that you fail toreturn the defective Product within ten (lQ) business days ofreceipt ofthe replacement FRU, Extreme reserves the right to require customer to pay the full, or portion ofthe, List Price ofthe FRU orproduct component. Extreme will send an invoice to customer that will reflect the amount to be paid. Hardware Replacement: Return andReplace-Extreme will make commercially reasonable efforts, atits expense, to seethe shipping of repaired or replacement FRU (feature, function and fit compatible) within lOorl5business 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 a commercial delivery service to customers' site. The replacement part will beshipped via ground shipping with shipping charges prepaid. Shipments are designed to achieve 2-4 business day delivery from an Extreme regional parts depot tothe customer delivery site. Variation in business delivery days iapossible depending oncountry ofdestination orgeographical location with the country or other factors. Customer pays for the return freight ofthe product to Extnanne'sdesignated location, including any applicable taxes, duties andcuotomfees inboth country oforigin and destination. 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 custom fees. Customer must bethe Importer of Record for all returns to Customer. WWW.sxrnsmswsrwonxx.COn 4 Attachment Page 404 of 471 Page 752Of1147 Attachment Extreme networks Product Warranty, End User License Agreement, Etc. Advanced Hardware Replacement-Extremepmvides for the advanced shipment ofreplacement hardware. After a request for areplacement Field Replaceable Unit (FRU) isvalidated for warranty entitlement by Extreme Global Technical Assistance Center (GTAQand aReturn Material Authorization (RMA)number ioprocessed, anew field replaceable unit (FRU).Extreme will make commercially reasonable efforts, tupick, pack and ship the replacement FRU per the Hardware Replacement provisions asstated in Table (Warranty Summary ofEnbt|ements) using a commercial delivery service tocustomer's site. Extreme will use all commercially reasonable efforts Uzpick 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 anExtreme regional parts depot Lothe customer delivery 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 custom fees to country ofshipment destination. Any government orBrokers fees associated with the return of products from Customer to Extreme in the country oforigin isCustomers responsibility. Customer must bethe Exporter of Record for all product returns to Extreme. Extreme pays the freight ofthe unit shipped tocustomer, excluding any applicable taxes, duties and custom fees inCustomers destination country. Extreme will not be the importer of record onany shipments LoCustomer. Customer is responsible for returning the defective Product boanExtreme-authorized return facility |nthe event that you fail to return the defective Product within ten (lO) business days of receipt of the replacement FRU' Extreme reserves the right to require customer to pay the full, or portion ofthe, List Price ofthe FRU orproduct component. Extreme will send an invoice 10customer that will reflect the amount to be paid. Hardware Replacement: Genmra|Prmvimionm-Extreme is not responsible for any delays related toexport or customs regulations orprocesses, ortransportation issues. Actual delivery times may vary depending onspecific customer location. Dead mmArrival (0OA)All hardware products include Advance Part Replacement (Next Business Day Shipment) during the first 3Ddays after product shipment. For upto thirty (30) days from the data of shipment of the Product from Extreme (or inthe case mfresale by an Extreme authorized reseller orchannel partner, commencing not more than ninety (9D)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 Looperate" shall mean a material failure tosubstantially perform in accordance with the Hardware Products' published Documentation. Warranty Duration: Integrated Component Covenage-For certain product families some Integrated Components, such aspower supplies, fans, and cables, may have their own separate warranty duration which may bedifferent than the product it is embedded in. For a listing, reference Table 2 - Integrated Component Coverage below. Table 2 — Integrated Components Coverage The following components that are integrated within a product may have separate warranty provisions: Product Family Fans Power Supplies' I -Series N/A 3 Years "sxtrrna| I nowm,suppnesa,e mc|uueu mme/1"a,mn�vmvemm� fmIxe"\.a.anuc1,er/e, nmuunuan0pow,,supn|vcamo�ma�a� smppeuw0msxtema|neu"nuanflpovoers"pp|losaecoveeuunue,me nedunuantpiwpe,svpn|vAmi mWx Appliance Products and Products Sold Within a Bundle - For products that are sold in a "bundled" manner noted aseither aBundle orasanAppliance infurther defined in Extreme's published price list, the warranty provision provided isper each individual Product Part Number that comprises the bundle, unless otherwise noted inthe price list. WWW.sxrnsmswsrwonxx.COn s Attachment Page 405 of 471 Page 753Of1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. 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. 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 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 Extreme- 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 NON - INFRINGEMENT 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). .. ....... . Extreme reserves the right to engage third party subcontractors to perform any services defined herein on behalf of Extreme. http://www.extremenetworks.com/contact / Phone +1-408-579-2800 (c)20"19 Extreme Networks, Inc. All rights reserved. Extreme Networks and the Extreme Networks logo are trademarks or registered trademarks of Extreme Networks, Inc. in the United States and/or other countries. All other names are the property of their respective owners. For additional information on Extreme Networks Trademarks please see http://www.extremenetworks.com/company/legal/trademarks. Specifications and product availability are subject to change without notice. 10021-0419-05 W W W.EXTREMENETWORKS.COM 6 Attachment D Page 406 of 471 Page 754 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. I:= Extreme - End User License Agreement C.6 tomo DhvenNetwo6di„- 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. 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 terns 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 December 2018 EULA Attachment Age 9 1 of 4 Page 407 755 of 1147 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 parry. (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 teens of a separate service and/or maintenance agreement, if Extreme and You enter into such an agreement. Except as specifically set forth in such agreement, Extreme shall not be under any obligation to provide updates, modifications, or enhancements, or maintenance and support services for the Licensed Materials to You. If you have purchased Licensed Materials on a subscription basis then the applicable service terms for Your Licensed Materials are as provided in Your Ordering Documentation. Extreme will perform the maintenance and updates in a timely and professional manner, during the term of Your subscription, using qualified and experienced personnel. You will cooperate in good faith with Extreme in the performance of the support services including, but not limited to, providing Extreme with: (a) access to the Extreme Licensed Materials (and related systems); and (b) reasonably requested assistance and information. Further information about the applicable maintenance and updates terms can be found on Extreme's website at http.//www e2 tr i -n ,networks co fru/coinn ny/legal/terms-o support . 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. December 2018 EULA Attachment Age 9 2 of 4 Page 408 756 of 1147 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, MADE 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. 1N 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 hil..p.5://www.exti-emenetWorl<s.conl/sLttrport.(policies/open. �c�urce declaration/. In accordance with the terms of GPL and LGPL, you may request a copy of the relevant source code should GPL and/or LGPL terms apply to your Licensed Software. Additional details are available upon request to Extreme. This offer is valid for up to three years from the date of original distribution of the relevant Licensed Software. All Open Source Software is provided to You on an "AS IS" basis, and Extreme makes no representations or warranties for the use of this Open Source Software by You independent of any Extreme provided product, software, or services. Refer to the licenses and copyright notices listed in the relevant open source declaration for any specific license terms that apply to each Open Source Software component and warranty, if any, from the associated authors or licensors. Extreme specifically disclaims any warranties for defects caused by altering or modifying any Open Source Software or the products' recommended configuration. You have no warranty or indemnification claims against Extreme in the event that the Open Source Software infringes the intellectual property rights of a third party. Technical support, if any, will only be provided for the unmodified Extreme product as used within such product's recommended configuration. 16. GENERAL. (a) This Agreement is the entire agreement between Extreme and You with respect to the subject matter hereof, including without limitation the Licensed Materials, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. December 2018 EULA Attachment Age 9 3 of 4 Page 409 757 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme Networks End User License Agreement (b) This Agreement may not be changed or amended except in writing signed by both parties hereto. No purchase order shall supersede or amend any terms of this Agreement. (c) You represent that You have full right and/or authorization to enter into this Agreement. (d) This Agreement shall not be assignable by You without the express written consent of Extreme. The rights of Extreme and Your obligations under this Agreement shall inure to the benefit of Extreme's assignees, licensors, and licensees. (e) Section headings are for convenience only and shall not be considered in the interpretation of this Agreement. (f) The provisions of the Agreement are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding on and enforceable by and between the parties hereto. (g) Extreme's waiver of any right shall not constitute waiver of that right in future. (h) Should You have any questions regarding this Agreement, You may contact Extreme at the address set forth below. Any notice or other communication to be sent to Extreme must be mailed by certified mail to the following address: Extreme Networks, Inc. 6480 Via Del Oro San Jose, CA 95119 United States ATTN: Legal Department Attachment�ag PagePage 758 of 1147 December 2018 EULA e 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 itAndCol Iections(cDextremenetworks.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 perforin 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. Customers 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 759 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Limitation of Liability. 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 760 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme nn -r R i 1i, 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 761 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme nn -r R i 1i, 1.9 "Products" mean Extreme commercial networking products as identified in the Price List, including (i) hardware products with embedded Software, (ii) Software Products in object code form, (iii) End User Documentation, and (iv) other materials related to the foregoing, if any, supplied to You and/or the Company in a commercial package. 1.10 "Releases" mean Updates and Upgrades, collectively. No Alpha or Beta or non -production versions shall be considered Releases. 1.11 "Services Environment" refers to the combination of hardware and software components owned, licensed or managed by Extreme to which Extreme may establish a data communication link between You and Extreme, and from which Extreme may access Your Products, as part of, and in order to, provide the Services You have ordered. You may be required to provide systems passwords so that problems may be diagnosed and, where possible, corrected remotely. 1.12 "Service Specification" means the Extreme document that sets forth the description of the Extreme service or solution -offering that You are purchasing. 1.13 "Services" mean the services provided by Extreme under the ExtremeWorks Support Program (or similar support arrangement), the Premier Services Program (PSP) Foundation Services, and Extreme Managed Services, or any other end user services provided by Extreme under this Agreement in accordance with the applicable program guide, and as further described in the Service Specification. 1.14 "Software" or "Software Products" mean Extreme software products in object code form which are either sold separately or embedded into Extreme hardware products. Software Products are licensed to You and/or Company under the then -current software license terms for the Software Product in effect at the time of order acknowledgement by Extreme. 1.15 "Trademarks" mean "Extreme Networks" and the applicable Product trademarks as listed in Extreme's usage guidelines, subject to revision from time to time in Extreme's sole discretion. 1.16 "Update" means a new version of a Software Product that includes defect corrections, bug fixes and/or minor enhancements that operate within the framework of the specifications for the current Upgrade of the Software Product, but does not include substantive features or functions not performed by the prior Release of the Software Product. 1.17 "Upgrade" means a new version of a Software Product that includes substantive features or functions not performed by the prior Release of the Software Product. 1.18 "Your Content" means all text, files, images, graphics, illustrations, information, data (including Customer Personal Data as defined in this Agreement), audio, video, photographs and other content and material, in any format, provided by You or on behalf of any End User that reside in, or run on or through, the Service. 2. Services. The scope of the Services provided to Company hereunder is based on the support plan purchased by Company for each unit of the Product purchased. Service Descriptions of the available Extreme support plans, including Extreme's obligations and End User entitlements, are set forth at,_http................................................ //......................::_extremerietwor.ks.,_com/ ramp r /rrr in n n_c .::.seryic s (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 762 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme nn -r R i 1i, 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 foreach 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 763 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme nn -r R i 1i, 4.3 Restrictions on Copying and Reverse Engineering. As a material consideration for this Agreement, Company expressly agrees not to translate, disassemble, reverse compile or reverse engineer the Products, including the Software Products, in whole or in part, except to the extent such prohibition is restricted by applicable law. Company will not copy, modify, create derivative works, rent, lease, loan or use for timesharing or service bureau purposes any Products, including Software Products, in whole or in part without the prior written approval of Extreme, which approval may be withheld in Extreme's sole discretion. 4.4 No Removal of Markings. Company agrees to comply with all legends that appear on or in the Products and not to remove or destroy any patent, copyright, logo, trademark, trade name, proprietary marking, or confidentiality legend placed upon or contained within Products, containers or End User Documentation supplied by Extreme. 5. Ordering and Payment Terms. 5.1 Orders. 5.1.1 The terms and conditions of this Agreement will apply to any and all purchase orders submitted by Company and will supersede any different or additional terms on Company's purchase orders. 5.1.2 Each purchase order must be acknowledged and accepted by Extreme in writing prior to Extreme incurring any obligation under such purchase order. Extreme reserves the right to reject any order. 5.1.3 In countries where Services are available from Extreme, Company may purchase a Support Plan set forth on Extreme's then -current Price List by submitting an order for such Support Plan either at the time of the purchase of the Product to which it relates or at any time thereafter, subject to Section 5.2 ("Reinstatement and Inspection"), Section 6 ("Support for End of Life") and Extreme's acceptance of such order at its sole discretion. Company shall be responsible for any other travel and living expenses incurred in connection with the Services or on-site Service calls that are not expressly included in Company's applicable Support Plan. 5.1.4 Each order of one Support Plan is only valid for a single unit or units of the Product for which Service is purchased and paid for. All orders for Services must include the location where the Services will be provided, the Support Plan being purchased and the model number and serial number of the Product to be supported or such information must be provided to Extreme in writing promptly following the purchase of the Services. Extreme will not be obligated to provide Services fora 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 http://extremenetworks.com/company/legal/terms-of-sales/. Attachment D Page 416 of 471 Page 764 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme nn -r R i 1i, 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 htt s://w „extrerrlenetworks„com/su ort/end oP salla and end oP su ort roducts/. 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. B. 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 765 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme nn -r R i 1i, 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 766 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme nn -r R i 1i, 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 767 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme nn -r R i 1i, 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 FORTHE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. 13. Limitation on Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT IN CASE OF BODILY INJURY OR DEATH WHERE, AND THEN ONLY TO THE EXTENT THAT, APPLICABLE LAW REQUIRES SUCH LIABILITY, EXTREME'S AGGREGATE LIABILITY FROM OR IN RELATION TO THIS AGREEMENT AND THE SERVICES, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY COMPANY TO EXTREME FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE MOST RECENT FULL CALENDAR YEAR PRECEDING COMPANY'S INITIAL NOTICE OF ANY CLAIM OR POTENTIAL CLAIM HEREUNDER. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE. 14. Data Protection. 14.1 Subject to Section 14.2, in performing the Services, Extreme will comply with industry standard privacy requirements as may further be defined within the Extreme Networks Privacy and Cookies Policy, which is available at www.extremenetworks.com, and is incorporated herein by reference. Extreme's Privacy and Cookies Policy is subject to change at Extreme's discretion; however, Extreme policy changes will not result in a material reduction in the level of protection provided for Customer Personal Data provided during the term Your order. 14.2 This Section 14.2 shall apply where Extreme's processing of personal data in connection with this Agreement is subject to Data Protection Law. In the event of a conflict between Section 14.1 and Section 14.2, this Section 14.2 shall apply. You have appointed Extreme to process Personal Data on Your behalf as is necessary to provide the Services and in accordance with such other written instructions as You may issue from time to time. The parties' respective obligations for the processing and control of Customer Personal Data are set out in Annex 1 — Processing of Customer Personal Data, located at bflPJ/bit„II /2s6Y13fii 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 768 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme nn -r R i 1i, 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 769 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Extreme nn -r R i 1i, 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. m Attachment D Page 422 of 471 Page 770 of 1147 Attachment D - Extreme networks Product Warranty, End User Licen ent, Etc. _ Extrt�, ,m CUStOITICT. ")rivon VvSc Pwvoi4 ing 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 reauired for fundina 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 771 of 1147 Attachme'bdtUMtKffAt fbrfgtydr�'tibKLItTment, 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 772 of 1147 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 Nonappropriation 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 773 of 1147 Property Schedule $iQitic5UasWtwo fid IR itGttWvs6 Wy, 6ng606oW4FwsubAff &fwaht 59e 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 Enjoyment 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 Lessor's 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 Nonappropriation, 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 774 of 1147 in writing within seven (7) days after4RWh, i�r#De �€@mfb 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) worker's 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 Lessor's 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 775 of 1147 Attachment D - Extreme networks ProdA!R1rJ&*TXnty, 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 Lessor's 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 Lessor's 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 Lessor's 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 776 of 1147 failure stated in them5J wnbt%e &%@ W4£ICtXN4Fi���R�91A��Cdd,n�s�dv�SnOf �ffQWfflftQ, iit6onsent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to the Property Schedule or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (e) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 60 consecutive days. The foregoing provisions of Section 13.01 are subject to the following limitation: if by reason of force maieure Lessee is unable in whole or in part to perform its agreements under this Agreement and the Property Schedule (other than the obligations on the part of Lessee contained in Article VI hereof) Lessee shall not be in default during the continuance of such inability. The term "force maieure" as used herein shall mean the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States or of the State or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Lessee. 13.02 Remedies on Default. Whenever any Event of Default exists with respect to a Property Schedule, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) Without terminating the Property Schedule, and by written notice to Lessee, Lessor may declare all Rental Payments and other amounts payable by Lessee thereunder to the end of the then -current budget year of Lessee to be due, including without limitation delinquent Rental Payments under the Property Schedule from prior budget years, and such amounts shall thereafter bear interest at the rate of 12% per annum or the maximum rate permitted by applicable law, whichever is less; (b) Lessor may terminate the Property Schedule, may enter the premises where the Property subject to the Property Schedule is located and retake possession of the Property, or require Lessee, at Lessee's expense, to promptly return any or all of the Property to the possession of Lessor at such place within the United States as Lessor shall specify, and Lessor may thereafter dispose of the Property in accordance with Article 9 of the Uniform Commercial Code in effect in the State; provided, however, that any proceeds from the disposition of the property in excess of the sum required to (i) defease the Property Schedule pursuant to Section 6.07, (ii) pay any other amounts then due under the Property Schedule, and (iii) pay Lessor's 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 777 of 1147 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: Lessee: Sample Customer By: Name: Title: Attest Bv: 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 778 of 1147 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 for this 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 I Lessee: Samale Customer 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 779 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. FXHIRIT 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 780 of 1147 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 781 of 1147 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 782 of 1147 8. As of the & 6hf 8f,- E66WtgaEM�rS IF �f�i14Ki�s i'd�' s' �`�fa�@' eFr red 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 783 of 1147 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 Nonappropriation (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 784 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. FXHIRIT A 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 785 of 1147 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 786 of 1147 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 B: 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 787 of 1147 TO: Insurance Carrier: FROM: Customer/Lessee: Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. **Please fill out this form and fax it to your insurance company** (Name) (Address) (Address) (Contact Name) (Contact Phone) (Contact Fax) _ Sample Customer Sample Street Address Sample City, State & Zip Contact Name: Sample Contact Name Contact Phone: Sample Phone Number Request for Certificate of Insurance 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 788 of 1147 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 B: 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 789 of 1147 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 790 of 1147 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 791 of 1147 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 792 of 1147 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 793 of 1147 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 794 of 1147 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 795 of 1147 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 !�-.& .-.Hnru„v,,,v ..extireinneinetuvorlk ;,,cc / u,�rrpoirti olliiciies/ 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 796 of 1147 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 797 of 1147 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 798 of 1147 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 799 of 1147 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 800 of 1147 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 801 of 1147 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 beginning (TBD) 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 under this 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 802 of 1147 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 803 of 1147 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 fixture, 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, infoirnation 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 804 of 1147 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 805 of 1147 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, whether based 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 806 of 1147 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 a binding 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 807 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. for shipments to the rest of Europe, Canada and other international locations, all shipping terms are DDU Airport and all shipping described above are per Incoterms 2010. Customer shall identify mode of shipment and carrier in the accepted purchase order for ExWorks and FOB destination shipments. Extreme will select the mode of shipment and the carrier for CIP terms. Shipping dates are estimates only. If Extreme becomes aware that it will not be able to meet a delivery date, then: (i) it shall promptly notify Customer of the delay and its proposed solution and recovery plans, and (ii) shall expedite delivery of any such Extreme Technology, at its expense. Extreme may change or discontinue Extreme Technology at any time. A change in the Extreme Technology may occur after a Customer places an Order but before Extreme performs the Subscription. As a result, Extreme Technology Customer receives might display minor differences from the Extreme Technology ordered. However, the Extreme Technology will meet or exceed all material specifications of such Order. 5.7 RMA Procedure. Customer shall not return any Extreme Technology (including but not limited to replacement parts) without a return material authorization ("RMA") number issued by Extreme. In the event of a return due to a support or warranty issue, Extreme will make arrangements for shipping the Extreme Technology back to Extreme from the Premises or other location designated by the Customer using a carrier selected by Extreme. All returns as a result of termination by the Customer will be facilitated as outlined in section 3.5 of the Agreement. Customer shall prepare the Extreme Technology for return to Extreme using the original packaging (or other packaging reasonably suitable for the Extreme Technology and type of shipment) and include the Order number, approximate date on which the Extreme Technology was delivered to Customer, RMA information and any other information as Extreme may require. Customer shall adhere to any other written RMA instruction that Extreme may issue from time to time. Failure to follow the RMA procedure as outlined in this Section could result in additional fees due and payable by Customer to Extreme including without limitation, recurring monthly fees for the Subscription and amounts associated with missing, wrong or damaged Extreme Technology, any failure to package or prepare Extreme Technology for return to Extreme as provided in this Section, additional shipping costs and the for the cost of replacing or restoring Extreme Technology to good working order. 5.8 Documentation. Notwithstanding anything in the Documentation to the contrary, the Documentation shall be part of the Agreement only as to those parts that: (i) describe the features and functions of the Product, or (ii) are expressly incorporated in this Agreement, a Subscription Schedule or an Order. 5.9 Order of Precedence of Documents. In the event of a conflict between the documents that constitute the Agreement, the documents shall govern in the following order of precedence: (i) the Subscription Schedule, (ii) the Agreement (iii) the local implementation agreement for the Subscription provided outside the United States, (iv) applicable provisions in the Documentation, the Order. 6. PROGRAMS. Subject to the terms of the Agreement, Customer may use the Program(s) subject to the provisions of the license agreement that accompanies the Extreme Technology or that is posted at www. Extremenetworks. com. 7. USE OF SUBSCRIPTION BY CUSTOMER 7.1 The Extreme Technology is personal property of Extreme and no title, equity, ownership or right (including any license right) in or to the Extreme Technology in whole or in part shall pass to Customer except as otherwise expressly provided by this Agreement. Customer agrees that it may not pass any right or interest in the Extreme Technology to a third party and Customer shall ensure it takes necessary steps to protect Extreme's rights under this Agreement such that the Extreme Technology cannot be construed as a fixture nor shall it become a fixture on the Premises or any other location. Customer will not take any action that causes or purports to cause the imposition of any lien, claim, interest, right or encumbrance on Extreme Technology or otherwise transfer any right or interest in the Extreme Page 5 of 16 Extreme Confidential and Proprietary Attachment D Page 460 of 471 Page 808 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. technology to a third party. 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 809 of 1147 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 810 of 1147 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://Ieam.extremenetworks. com/rs/extreme/images/ExtremeWorks-A dvanced-Hardware-Replacement- Services-SDD.pdf. For the avoidance of doubt, Extreme does not provide any kind of support for third party products not supplied by Extreme. Customer agrees that any warranty and/or support for such products shall be provided, if at all, by the manufacturer, distributor or reseller of such products. 10. CONFIDENTIALITY 10.1 The following information is "Confidential Information: (i) as to both parties, the terms of this Agreement, and all information exchanged by the parties during negotiations culminating in this Agreement and during the Term of this Agreement; any information related to a party's performance of, or failure to perform, this Agreement; and any information that is marked or designated as "Confidential" or with like notice; (ii) as to the party disclosing the information, any information related to that party's assets, liabilities, financial results, financing plans, business strategies, product development plans, operations, source code, technology, know-how, trade secrets, customers, vendors, contractors, Extremes and personnel, and all other information that a reasonable person would understand to be confidential; and (iii) as to Customer, data center locations, data center designs (including non -graphic information observed at Customer's data center); but excluding in all cases any information which is independently developed by the other party as shown by such party's written business records, is or becomes generally available to the public other than through breach of this Agreement, or violation of law or other agreement. Each party agrees not to disclose the other party's Confidential Information to any third party except to its agents, advisors, affiliates and representatives, and with respect to Extreme, its potential investors, each who need to know the information to represent or advise it with respect to the subject matter of this Agreement and who are bound by non -disclosure obligations at least as stringent as those stated in this Agreement; provided, however, that a party will not be liable for disclosure of the other party's Confidential Information if it is required by law or regulation to be disclosed and, to the extent not prohibited by applicable law or regulation, the disclosing party gives advance written notice of the disclosure to the other party at the earliest possible time, or the parry 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 811 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 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. The parties agree that monetary damages would not be a sufficient remedy for breach of this section and therefore agree that either party 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 party 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 party 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 party claim that the Extreme Technology infringes the thud 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 thud party 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 812 of 1147 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 813 of 1147 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 814 of 1147 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 cominencement 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 815 of 1147 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 816 of 1147 Attachment D - Extreme networks Product Warranty, End User License Agreement, Etc. Agreement No. 15.19 Entire Agreement. THIS AGREEMENT 1S THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES REGARDING ITS SUBJECT MATTER AND SUPERSEDES AND REPLACES ANY PRIOR OR CONTEMPORANEOUS AGREEMENT OR UNDERSTANDING, WRITTEN OR ORAL. Each party warrants and represents that its respective signatories, whose signatures appear below, have been and are on the date of signature duly authorized to execute this Agreement. Customer Extreme Networks, Inc. By: By: Name: Name: Title: Title: Date: Date: Extreme Networks Ireland Limited. By: Name: Title: Date: Page 14 of 16 Extreme Confidential and Proprietary Attachment D Page 469 of 471 Page 817 of 1147 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 Names) 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.] Z. [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 818 of 1147 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 RM 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 819 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB NASPO ValuePoint NASPO PARTICIPATING ADDENDUM MIN DATA COMMUNICATION PRODUCTS . AValuel`olnt SERVICES (2019-2026) Led by the State of Utah Master Agreement #: AR3230 Contractor: Extreme Networks, Inc. (Contractor) Participating Entity: State of Florida, Department of Management Services (Department) Agreement No. 43220000-NASPO-19-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 820 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM DATA COMMUNICATION PRODUCTS & 4. Term of the Participating Addendum: � r 171 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 821 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM DATA COMMUNICATION PRODUCTS & State of Florida � r 171 Name: Joy Geller Address: 4050 Esplanade Way, Tallahassee Florida 32399 Telephone: 850-410-0978 Email: lioy„ elllleir(c dims„fl„goy 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. �] No changes to the terms and conditions of the Master Agreement are required. [ X ] 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: State of Florida Contractor: Extreme Networks, Inc. By: �� By: DocuSigned by: Name: Jonathan R. Satter Name: Vgfg4Mbfirttle Title: Secretary Title: Senior Vice President, Sales Date: 8/7/2020 1 2:43 PM EDT Date: 8/4/2020 1 3:23 PM EDT Page 3 of 4 Page 822 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB NASPO ValuePoint PARTICIPATING ADDENDUM DATA COMMUNICATION PRODUCTS & � r 171 For questions on executing a participating addendum, please contact: NASPO ValuePoint Cooperative Contracting Coordinator: Telephone: Email: info(Wnaspovaluepoint.orq [Please email fully executed PDF copy of this document to ,I , i .Pg Il!ARp ir, ,.,girg, to support documentation of participation and posting in appropriate data bases.] Page 4 of 4 Page 823 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB We serve those whey serve Fla)rir;l�i ADDITIONAL SPECIAL CONTRACT CONDITIONS Exhibit A The following changes are modifying or supplementing the Master Agreement and ACS terms and conditions. These modifications or additions apply only to actions and relationships within the ACS. Upon execution of the ACS, Customers may purchase products and services under contract using the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. A. Vendor Registration: In order to complete any transaction between an Individual Customer and the Contractor, the Contractor must be registered in MyFloridaMarketPlace. B. Purchases: In order to procure products and services hereunder, Customers shall issue purchase orders or use a purchasing card which shall reference Florida Alternate Contract Source Number 4322000-NASPO-19-ACS. Customers are responsible for reviewing the terms and conditions of this ACS including all Exhibits. C. Additional Customer Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before a Customer can make a purchase under this ACS, the Customer is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. D. The State of Florida's performance and obligation to pay under this ACS is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial, or state agencies. E. Product and Service Offerings: The Contractor is authorized to provide Products as referenced in Section 5 of the Participating Addendum (PA). Any Product Offerings not listed are not approved. F. Hours of Work: The Contractor will provide services and support during the States normal working hours. Normal working hours are 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. Days observed as holidays by State agencies are provided via the link below: https://www.dms.myflorida.com/workforce operations/human resource management/fo r state personnel system hr practitioners/state holidays G. Employment Eligibility Verification: The language of subsection 13.2 of the Special Contract Conditions regarding E -Verify shall apply to resellers as well as other subcontractors. Page 824 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 825 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB L. Contract Reporting: The Contractor shall report information on orders received from Customers associated with the ACS. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Dates MFMP Transaction Report Calendar month 15th calendar day of the month following the receipt of payment for the vendor's good or services. Contract Quarterly Sales State's Fiscal 15 calendar days after close of the period Report Quarter No favorable action will be considered for any contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees / monies that is required under the ACS. c. Contract Quarterly Sales Report: The Contractor agrees to submit a Quarterly Sales Report to the Department's Contract Manager within 15 calendar days after the close of each State Fiscal quarter. Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July -September) — due October 15th. Quarter 2 - (October -December) — due January 15th. Quarter 3 - (January -March) — due April 15th. Quarter 4 - (April -June) — due July 15th. Quarterly reporting requirements begin the date of ACS execution. Reports must be submitted in MS Excel format and can be retrieved by accessing the following link at FL DMS Quarterly Sales Report Form. The report will include all sales (orders) from Customers received (associated with this ACS) during the period. Initiation and submission of the Quarterly Report is the responsibility of the Contractor without prompting or notification from the Department's Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, this ACS may be terminated for convenience or the Department may choose to not renew the ACS. In addition, the Department may require additional sales information such as copies of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad hoc requests within the specified amount of time as requested by the Department. d. MFMP Transaction Fee Report: The Contractor is required to submit monthly Transaction Fee Reports in the Department's electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendor on the MFMP Contract No. 43220000-NASPO-19-ACS Data Communication Products and Services Page 826 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 feeprocessina(a�m)floridamarketplace.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 827 of 1147 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 827 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 http://www.dms.myflorida.com/business operations/State purchasing/vendor inf ormation/convicted suspended discriminatory complaints vendor lists • Have a copy of E -Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor. mvfloridacfo.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 828 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB Exhibit B SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION...........................................................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION................................................................................. 2 SECTION 3. PAYMENT AND FEES.............................................................................................................3 SECTION 4. CONTRACT MANAGEMENT..................................................................................................4 SECTION 5. COMPLIANCE WITH LAWS....................................................................................................6 SECTION 6. MISCELLANEOUS..................................................................................................................7 SECTION 7. LIABILITY AND INSURANCE...........................................................................................................9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY..............................................................................................................................................10 SECTION 9. DATA SECURITY..................................................................................................................12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS..........................................................13 SECTION 11. CONTRACT MONITORING................................................................................................14 SECTION 12. CONTRACT AUDITS...........................................................................................................15 SECTION 13. BACKGROUND SCREENING AND SECURITY...................................................................... 16 SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM .................................................... 17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. SP approved version 7-1-2019 1 Page 829 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 830 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB SECTION 3. PAYMENT AND 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 831 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 Page 832 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 Ian;�p;s;/lvvv Ir spectoffloirida„oir . SP approved version 7-1-2019 Page 833 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 lhllps:://www„ ijde enteirpijses„org,. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a) -(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, SP approved version 7-1-2019 6 Page 834 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 Page 835 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 836 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 Page 837 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 838 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 839 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 840 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 841 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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. CONTRACT AUDITS. SP approved version 7-1-2019 14 Page 842 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 843 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 844 of 1147 DocuSign Envelope ID: 7536DE17-C41C-408C-B425-77B5D09C05AB 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 845 of 1147 For Full Extreme Price list https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/alt ata_communications_products_and_services/pricing Product Service Product Type Service Part # AP505i-FCC EW TAC '& OS AP505i-FCC 97000-AP505i-FCC GUEST-IOT-MNGR ONBOARDING EW SOFTWARE SUPPORT 97003-522173 XCC VT Appliance - V5 Activation Key EW SOFTWARE SUPPORT XCC- 97003-XCC-ACT-V5-VT WS-AP39351-FCC EW NBD AHR 31012 97004-31012 WS-AP3915i-FCC EW NBD AHR 31028 97004-31028 WS-AP3917e-FCC EW NBD AHR 31055 97004-31055 AP505i-FCC EW NBD AHR AP505i-FCC 97004-AP505i-FCC ERS 3526T PWR+ NO PC EW NBD AHR H34013 97004-H34013 ERS3626GTS-PWR+ NO POWER EW NBD AHR H34020 97004-H34020 ERS4926GTS-PWR+ NO POWER EW NBD AHR H34066 97004-H34066 ERS4950GTS-PWR+ NO POWER EW NBD AHR H34070 97004-H34070 7254XSQ 24 1OG,4 40G PRT, NO EW NBD AHR H35449 97004-H35449 VSP 7254XSQ F2B - AC PSU NO PC EW 4HR AHR H34078 97007-H34078 ONA I IOIGT EW 4HR AHR H34128 97007-H34128 VSP4450GSX-PWR+ NO PC EW 4HR AHR H34131 97007-H34131 VSP 7400 -48Y -8C -AC -F EW 4HR AHR H35313 970074135313 XIQ NAC SW Sub for IK devices EW XIQ NAC SW Sub for 1K devices XIQ-NAC-S-IK-EW XIQ Navi ator SaaS, EW SaaS Support XIQ Navigator SaaS, EW SaaS XIQ-NAV-S-C-EW XIQ Pilot SaaS, EW SaaS Support XIQ Pilot SaaS, EW SaaS Support XIQ-PIL-S-C-EW O 4-j m E L.- 0 0 U Cy N C C[5 ate-+ U Z3 O N L ` , 0_ Q C m — O ri O =' U 0- LO C Q EZ N E0 z O N 00 E U O N a1 + N M X 4X, � o w G1 i G1 E Jo E z E z z 0 M ar ++ C m i U U U un m m ri -i m m m o w Ln Ln l0 ::I- l0 N m O m Ln o r- �I.D r- ri w Ln 00 o O m r- ri �D M r- m �n I� N N U? 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Consent Agenda 10/18/2022 Requested Action by Commission: Approve minutes from the September 22, 2022 City Commission Meeting and Second Budget Hearing, and October 4, 2022 City Commission Meeting. Explanation of Request: The City Commission met on September 22, 2022, and October 4, 2022 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. 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 D Uinutes (:'oirnirnissio n IIe�: tiirxg Minutes s 00 22 202; D Minutes (3oirnirrniissliorn IMlen: tiru, IMinutes 10 0 ..2022 Page 848 of 1147 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 Thursday, September 22, 2022, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga James Stables, Interim City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:03 P.M. Roll Call City Clerk Maylee De Jesus called the roll. Commissioner Turkin was attending online. A quorum was present. Invocation by Pastor Bob Bender, Christ Fellowship Church Invocation was given by Pastor Bob Bender. Pledge of Allegiance to the Flag led by Vice Mayor Angela Cruz Vice Mayor Cruz led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga noted that staff requested removal of Item 7C. He removed Item 3B and noted that the proclamation was issued yesterday, since the recipient could not attend the City Commission Meeting. He added Item 3C - Hispanic Heritage Month Proclamation. Commissioner Kelley added a discussion about the zoning and future use of the City - owned property within The Meadows to New Business. Commissioner Turkin asked about the process to propose a proclamation. Mayor Penserga explained the proclamation process. Adoption Page 849 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 Motion Vice Mayor Cruz moved to approve the agenda, as amended. Commissioner Turkin seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Kelley had no disclosures. She stated that she attended the 9/11 ceremony and thanked staff for organizing it. Commissioner Turkin had no disclosures. Vice Mayor Cruz had no disclosures. She noted that she met with School Board Member Erika Whitfield about improving schools. Commissioner Hay had no disclosures. Mayor Penserga stated that he attended 9/11 event and thanked staff. He said that he also attended the community meeting at The Meadows and thanked the community for that meeting. He recognized City staff for their work and spoke about a few recent projects. B. Conduct Second Public Budget Hearing for FY 2022/2023 Final Millage and Tentative Annual Operating Budget. Proposed Resolution No. R22-126 - Adopt the FINAL millage rate for the General Fund for Fiscal Year 2022-2023. Mara Frederiksen, Director of Financial Services, noted that there are no changes from first reading. She reiterated what the millage rate decrease is and the changes to the operational cost on the budget. Public Comment: Cindy Falco DiCorrado said that she wants the resolutions broken down in plain English and spoke about taxes being unconstitutional. Ernest Mignoli, 710 NE 7t" Street, Unit 407, said that he received his taxes for the end of the year, and he said that his taxes went up $500. He stated that it does not matter what is discussed, it is already on the tax bill. Virtual comments: 2 Page 850 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 Rebecca Harvey was called upon, but she did not respond online. Mayor Penserga closed the public comments. Motion Commissioner Hay moved to approve Resolution No. R22-126. Commissioner Kelley seconded the motion. The motion passed unanimously. Proposed Resolution No. R22-127 - Adopt the FINAL Budget for the General Fund and all other funds for Fiscal Year 2022-2023. Motion Commissioner Kelley moved to approve Resolution No. R22-127. Commissioner Turkin seconded the motion. The motion passed unanimously. C. Proposed Resolution No. R22-116 - Adopt the annual canal services special assessment rate for FY 2022-23 per the "Preliminary Assessment Resolution No. R22-098". Pursuant to the provisions of Ordinance No. 21- 011, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. (Tabled at the September 8, 2022 City Commission Meeting) Motion Commissioner Hay moved to remove Resolution No. R22-116 from the table. Commissioner Kelley seconded the motion. The motion passed unanimously. Mayor Penserga read the resolution into the record. Commissioner Turkin asked for a follow up from City Attorney and staff. Michael Cirullo, City Attorney, stated that the County's positions is the same, they stated that they are not responsible for these canals. He said that the proposal is to continue with the special assessment, so that they can continue to spray the canals. Andrew Mack, Assistant City Manager, agreed with City Attorney Cirullo and stated that they reached out to additional people to try to get an appeal and they are working on that. Mayor Penserga asked about long-term solutions. Mr. Mack stated that they will be doing a storm water study within the Chapel Hill, and they are looking at the cost of improving the culvert. 3 Page 851 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 Commissioner Turkin stated that he wants the City to take the steps necessary to treat the canal. Public Comment: Gary Fishman, 3504 Diane Drive, stated that he hopes this is a conclusion. He spoke about the canal and the culvert, and how he approached a few State Departments to get proper classification for the canals. He said that they told him the canals are public and not private. He commented on the culvert not working and how it is too low. He mentioned that they hope the City can spray the canal and figure out if they are private or public. Ernest Mignoli stated that he lives on a problematic canal and there will be a pipe coming out near his terrace. He said that the canals are being polluted by the City because they are approving development on the canals. Virtual Comments: None Jim Stables, Interim City Manager, read three public comments into the record from: Janick de Fabrique, William Cunningham III, and Nancy and Joe Barbalaco. Commissioner Turkin asked staff for a monthly update and stated that he looks forward to the Chapel Hill study. Motion Commissioner Turkin moved to approve Resolution No. R22-116. Commissioner Kelley seconded the motion. The motion passed 4-1, with Vice Mayor Cruz dissenting. 3. Announcements, Community and Special Events And Presentations A. Proclaim the month of September as Deaf Awareness Month. Proclamation will be accepted by Lance Fischer, President of South Florida Deaf Senior Citizens, Inc. Mayor Penserga read the proclamation into the record. Mr. Lance Fisher accepted the proclamation and took photos with the Mayor. Through the interpreter, Mr. Fisher stated that he is honored to receive the proclamation on behalf of deaf residents in the City. He said that it is important because it brings awareness to the social isolation that the deaf and hard -of -hearing go through. He spoke on his history as a deaf person, and some of the frustrations that they go through. He thanked the Commission for the proclamation. B. Proclaim the week of September 17-23, 2022 as Constitution Week. Marjorie Page 852 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 Ferrer of the Daughters of the American Revolution will accept the proclamation. This was removed from the agenda, proclamation was issued September 21, 2022. C. Proclaim September 15— October 15 Hispanic Heritage Month Vice Mayor Cruz read the proclamation into the record. The proclamation was accepted by Alejandra Garrido from the Hispanic Vote. 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) Susan Oyer announced that longtime resident Shirley Casa passed away yesterday, and she gave condolences. Cindy Falco DiCorrado said that she never got a proclamation for Heterosexual Month and felt left out. She stated that there has never been an American Heritage Month. She spoke about SWA assessment on top of what she was taxed. She said that she wants to know why the meetings are on Thursdays and not Tuesdays. She also spoke about the audience being yelled at from the dais when there are differences. Victor Norfus, 225 NE 6th Avenue, stated that there was an ordinance in 1924 regarding segregation in the City of Boynton Beach. He said that he wrote a book with black historical locations that should have been placed on the "trail," but has not. He spoke about creating a park called Unity Park, and asked for it to be named after Reverend Butler, and said that he was one of the people that incorporated the City. He gave a history of the Butler family. Tyrone Harvey, 608 SW 3rd Avenue, stated that they have been having flooding in his area every time it rains. He spoke about the issues on the streets and that nobody is doing anything about it. Evangeline Ward, 1518 N. Seacrest Boulevard, spoke about speed bumps they talked about last meeting, especially on 3rd and 4th Streets, by the elementary school. She said that nothing has been done yet in regards to the bumps, and that it should be done since it has been budgeted. She spoke about equality for everyone. Christy Ward stated that their words fall on deaf ears. She spoke about the speed bumps for District II. She said that Juneteenth was put together by the community leaders, not the City. Ernest Mignoli stated that he lives in a problematic complex and City. He said that the City has turned off everyone in the City and nobody comes anymore. He spoke about the SJ Case, and how it has just disappeared, and that the City has gotten away with everything. Page 853 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 Virtual Speakers: None. Commissioner Turkin asked if Mr. Mario Guzman can connect with Ms. Ward about the speed bumps. 5. Administrative A. Approve the request of Commissioner Hay to distribute $2,000.00 of his Community Support Funds to Pathways to Prosperity. Motion Commissioner Hay moved to approve distributing $2,000.00 of his Community Support Funds to Pathways to Prosperity. Commissioner Turkin seconded the motion. The motion passed unanimously. B. Approve the request of Commissioner Hay to distribute $2,000.00 of his Community Support Funds to the Boynton Beach Bulldogs Football team. Motion Commissioner Hay moved to approve distributing $2,000.00 of his Community Support Funds to the Boynton Beach Bulldogs Football Team. Commissioner Turkin seconded the motion. The motion passed unanimously. C. Approve the request of Commissioner Kelley to distribute $700.00 of her Community Support Funds to the Bill Tome Foundation. D. Approve the request of Commissioner Kelley to distribute $400.00 of her Community Support Funds to each of the 7 Palm Beach County Elementary Schools within in the City of Boynton Beach. Motion Commissioner Kelley moved to approve Item 3C and 3D. Commissioner Hay seconded the motion. The motion passed unanimously. E. Approve the request of Vice Mayor Cruz to distribute $1,000.00 of her Community Support Funds to the American Cancer Society. F. Approve the request of Vice Mayor Cruz to distribute $1,500.00 of her Community Support Funds to Heart of Boynton Community Association Toy Drive in collaboration with Sergeant Diehl. i. Page 854 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 G. Approve the request of Vice Mayor Cruz to distribute $500.00 of her Community Support Funds to the Boynton Beach Bulldogs. H. Approve the request of Vice Mayor Cruz to distribute $500.00 of her Community Support Funds to Boynton Beach High School. I. Approve the request of Vice Mayor Cruz to distribute $500.00 of her Community Support Funds to Congress Middle School. J. Approve the request of Vice Mayor Cruz to distribute $1,000.00 of her Community Support Funds to the Volen Center. Motion Vice Mayor Cruz moved to approve Items 3E, 3F, 3G, 3H, 31, and 3J. Commissioner Kelley seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R22-128 - Ratification by the City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2022-2023. B. Approve and authorize the sole source purchase of equipment and services for Axon Interview from Axon Enterprises, Inc in the amount of $62,256.74. C. Legal Expenses - July 2022 - Information at the request of the City Commission. No action required. D. Proposed Resolution No. R22-129 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Officers and Detectives and the City. Proposed Resolution No. R22-130 - Approve and ratify the Collective Bargaining Agreement between the Palm Beach County Police Benevolent Association Police Sergeants and the City E. Proposed Resolution No. R22-131 - Approve and authorize the Mayor to sign subrecipient agreements for the Community Development Block Grant (CDBG), FY2022 One Year Annual Action Plan, as adopted in resolution R22-100. F. Proposed Resolution No. R22-132 - Authorize the Interim City Manager to implement proposed changes in purchasing thresholds pursuant to Chapter 10 of the City's Administrative Policy Manual. 7 Page 855 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 G. Accept the written report to the Commission for purchases over $10,000 for the month of August 2022. H. Proposed Resolution No. R22-133 - Authorize the Interim City Manager to sign an agreement with Public Consulting Group for assistance with the Florida EMS Certified Public Expenditure Program via a piggyback agreement with Palm Beach County Proposed Resolution No. R22-134 - Approve and authorize the Mayor to sign a grant application to the Florida Department of Environmental Protection for a Resilient Florida Infrastructure Grant for the Coquina Cove Drainage Improvements project with a 52% City cost share of $1,634,213. J. Proposed Resolution No. R22-135 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY 2022-2023. K. Proposed Resolution No. R22-136 - Authorize the Interim City Manager to sign the grant agreement between the City of Boynton Beach and the State of Florida Department of Environmental protection for the Boynton Beach Eco Park project. L. Approve minutes from the September 8, 2022 City Commission Meeting. Commissioner Kelley pulled Item 6K. Motion: Commissioner Hay moved to approve the consent agenda, as amended. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Mayor Penserga read Resolution No. R22-136 by title. Commissioner Kelley pulled this to congratulate staff and asked for an update on it. Mr. Mario Guzman, Director of Public Works, gave a history of this project, where they are at right now with the project, and their timeline for finishing the project. Mayor Penserga stated that this is going to be beautiful, and it is over 60 acres, and will remain as a passive park. Motion Vice Mayor Cruz moved to approve Resolution No. R22-136. Commissioner Hay U Page 856 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve the task order with Jacobs Engineering Group in the amount of $173,934.00 for Professional Hydrogeological Services for Testing and Evaluation of the East and West Wellfields. B. Approve 12% contingency in the amount of $138,703.80 for the Harvey E Oyer, Jr Park Marina Boat Ramp Improvement Project. The total approved project bid is $1,155,865. With the Contingency the total approved project budget will be $1,294,568.80. C. Proposed Resolution No. R22-137 - Award of Bid No. PWE22-035 for "Ezell Hester Jr. Park Improvement - PH 1A" and authorize the Interim City Manager to sign a Construction Contract and issue a Purchase Order to the lowest responsive and responsible bidder, CSR Heavy Construction, Inc., of Deerfield Beach, Florida, in the amount of $3,639,358.00 plus a 10%contingency amount of $363,935.80, for a total estimated amount of $4,003,293.80. D. Approve additional landscape services for Utilities Stormwater Ponds and Lift Stations with Blue Marlin Investments, Inc. dba Cayco Landscaping in the amount of $240,000.00 in accordance with the approved one-year extension to Bid No. 034-2821-18/IT. Item 7C was removed from the agenda by staff. Commissioner Turkin pulled Item 7B and asked if the fish cleaning stations are included in the project. Public Works Director, Mario Guzman confirmed fish cleaning stations are included. Motion: Vice Mayor Cruz moved to approve the Consent Bids and Purchases over $100,000, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. Mr. Guzman addressed Item 7B and confirmed they are getting three fish stations. Motion Commissioner Turkin moved to approve 7B. Commissioner Hay seconded the motion. The motion passed unanimously. Page 857 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Resolution No. R22-115 - Declare the City owned vacant property (0.1 acres) located at SE 21st Avenue, PCN #08-43-45-33-03-000-0122, as surplus and direct staff on desired disposition process to follow. Mayor Penserga read the resolution into the record. City Attorney Cirullo read the process into the record. He stated that the City has received a letter of intent from the neighbor. Assistant City Manager Mack stated that they are glad that this is going back to the public and will be back on the tax roll. Kristin Barr, from Ward Damon, stated that the neighbor would like to purchase the property. Mayor Penserga clarified what the approval is for. City Attorney Cirullo said that it is to approve the surplus and it will come back to the City Commission to approve the sale transaction. Motion Vice Mayor Cruz moved to approve Resolution No. R22-115. Commissioner Hay seconded the motion. The motion passed unanimously. 9. City Manager's Report- None Jim Stables, Interim City Manager, thanked the Commission for trusting him and Staff for their hard work. He read a goodbye letter into the record. Mayor Penserga and the Commissioners wished Mr. Stables a Happy Birthday and thanked him for his service. 10. Unfinished Business A. Proposed Resolution No. R22-140 - Approve revision to Community Support Funds Policy to allow for equitable spending of the members of the City Commission on a pro -rata basis. Ms. Frederiksen explained the revision that they are making tonight, which are the way the 10 Page 858 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 funds are allocated. She stated that it will be available on a monthly basis instead of being able to be spent all at once. Mayor Penserga asked for clarification on the amount for each month. Ms. Frederiksen said it is a $500 accrual per month. Commissioner Kelley stated that she likes that it is being broken apart so that it is not spent by an outgoing Commissioner. Commissioner Turkin agreed with Commissioner Kelley and likes the quarterly idea. Vice Mayor Cruz said that she is fine with it. Mayor Penserga stated that his concern is that they could only do $500 a month and how his ability is limited to allocate funding. A discussion ensued about the revision. Interim City Manager Stables stated that staff can create a policy about how money is spent. Mayor Penserga asked the staff to come back with options. 11. New Business A. Proposed Resolution No. R22-138 - Calling for a General City Election to be held on Tuesday, March 14, 2023, for the purpose of electing two (2) City Commissioners; calling for a General City Run-off election to be held on Tuesday, March 28, 2023, if necessary. City Attorney Cirullo stated that announcing the election is required by the charter. Public Comments: None. Motion Vice Mayor Cruz moved to approve Resolution No. R22-138. Commissioner Hay seconded the motion. The motion passed unanimously. Assistant City Manager Mack stated that there is a gentleman who wanted to speak during Item 5F. He wanted to thank the Commission for their donations. Consensus was reached to permit the speaker to say a few words. Willie Akins thanked Vice Mayor Cruz for funds to support the toy drive. Page 859 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 B. Proposed Resolution No. R22-139- Appoint Daniel Dugger as City Manager and approve Appointment Agreement. Mayor Penserga read the resolution by title and opened the floor to public comment. Cindy Falco DiCorrado stated that she hopes he does right by the City. She said that she believes he is capable. The Commissioners and Mayor Penserga congratulated Dan Dugger and welcomed him as City Manager. Commissioner Turkin spoke on accountability from Mr. Dugger. Motion Commissioner Turkin moved to appoint Dan Dugger and approve his appointment agreement, approving Resolution No. R22-139. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Dan Dugger, City Manager, thanked the community for the opportunity. He said that this is his home and that he will keep the City's best interest at heart. He offered his condolences to Shirley Casa. He thanked the Commission for the confidence in him. He thanked Mr. Stables for being a mentor, and all of Staff. He announced that tomorrow will be his last day as a Law Enforcement Officer, after 23 years. C. Zoning and Future Use of The Meadows Commissioner Kelley stated that he has heard from many residents from The Meadows about an unsolicited LOI that was received and has since been withdrawn. She stated that she would like to protect this land so that it can stay as green space. She asked for the explanation of the PUD zoning. Adam Temple, Director of Development Services, explained the zoning and the history of the Park Master Plan approvals. He further explained how these properties were zoned to what they are now. Commissioner Kelley asked if they changed the zoning, would it be more protected. Mr. Temple responded yes, it would provide more protection, and provided an example. There was discussion regarding the process and what would best protect this property as green space and direction to give staff. Consensus was reached to permit staff to be able to do more research and come back with recommendations. 12 Page 860 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 Commissioner Turkin stated that there was discussion during strategy planning about green space, spot zoning, and height regulations and said that we need to be mindful of these things. City Attorney Cirullo stated that he will work on the restrictive covenant for this property. 12. Legal A. Discuss the draft Local Rules & Procedures for Commission Meetings. Mayor Penserga stated that this is an item he requested, so that there is clarity on the procedure of the meeting. He spoke about needing clarification regarding the procedures for different items. He stated that he would like to give staff direction. Commissioner Hay asked about Section 3D and whether additional proclamations over the 3 outlined would be done outside the meeting or at the next meeting. There was discussion regarding proclamations. Commissioner Hay asked about Section 21 and having two readings, and public input being at the 2nd meeting. City Attorney Cirullo explained ordinances and their requirements. Mayor Penserga suggested that the presentation should be at 2nd reading with the ability for public comment. Commissioner Hay stated that physical absence and voting should be addressed. There was discussion regarding physical quorums and being able to vote. Commissioner Hay addressed Section 7E3 and speakers not being able to go over one hour during public audience. There was consensus to not limit the timeframe for public audience. There was discussion regarding limiting the public comment for agenda items, and limiting the time of the meeting to not go later than 11:00 P.M. Commissioner Kelley asked why the meetings were changed to Thursday. Mr. Stables explained why they were moved to Thursday. There was consensus on capping the meeting time at 11:00 P.M. 13 Page 861 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 There was discussion regarding virtual comments and public comment cards. Vice Mayor Cruz stated that she does not support virtual public comment cards, and Commissioner Turkin agreed. Mayor Penserga said that there is consensus that they do not want to lessen the voice of the residents, and that he thinks it is easier to just type an email. There was more discussion regarding public comment cards. Consensus was reached to find out from different municipalities about virtual comments, and who uses public comment cards. There was discussion regarding 4C. City Attorney Cirullo recommended that the sentence be changed to clarify what Agenda Approval means. He spoke about 5K "Add -On" Agenda Items. A discussion ensued about "Add -On" agenda items. There was a discussion about the process for proclamations. Commissioner Turkin requested proclamations for November to recognize both Veterans and Patriots Month. Assistant City Manager Matos noted that there is a calendar of previous proclamations and designations that can be sent to the City Commission to be more proactive. A discussion ensued about approving standing annual proclamations. Public Comment: Steven Grant congratulated Mr. Dugger. He stated that comment cards will make life easier, and that the virtual platform has been going for over 2 years, and that they should continue it. He said that proclamations are beneficial, and they could use citations for personal recognitions. Cindy Falco DiCorrado spoke about the speaker cards creating controversy. Susan Oyer stated that this should be called guidelines, not rules. She spoke about being able to speak during every opportunity; adding things during Commission Meetings; proclamations; and cutting down speaking to 5 minutes, not 10 minutes. Barbara Ready stated that she is not in favor of the comment cards. She said that it seemed to work for people to email in comments. Sandra Watson spoke about the comment cards. 14 Page 862 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 Harry Woodworth spoke about the comment cards and proclamations. Virtual Comments: Christy Ward spoke about the comment cards. Courtlandt McQuire said that more features and protocols will lead to longer meetings. He also congratulated Mr. Dugger. 13. Future Agenda Items A. Consider an LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Vice Mayor Cruz -To be scheduled for Commission agenda once it has gone to the Planning & Development Board in September 2022. B. Discussion on Advisory Boards providing a report to the City Commission, requested by Commissioner Kelley. - October 4, 2022 C. Discussion and direction on Tenant Notice and Bill of Rights Ordinance. - October 4, 2022 D. Discussion of draft height regulations. - October 18, 2022 E. Report on the status of infrastructure within the City, requested by Mayor Penserga. - October 18, 2022 F. Additional homestead for low income seniors, requested by Mayor Penserga. - October 18, 2022 G. Draft Ordinance on Civility & Decorum. - October 18, 2022 H. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 2023. 14. Adjournment Motion Commissioner Kelley moved to adjourn the meeting. Vice Mayor Cruz seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:24 P.M. 15 Page 863 of 1147 Meeting Minutes City Commission Meeting/1 st Budget Hearing Boynton Beach, FL September 22, 2022 CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 16 Page 864 of 1147 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 4, 2022, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:01 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Amalie Ash, First Presbyterian Church Invocation was given by Pastor Ash. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay Commissioner Hay led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Mayor Penserga stated that this evening is the beginning of Yom Kippur, and it is not appropriate to conduct business on this high holy holiday. Commissioner Hay stated that he has no problem rescheduling this meeting. He said that at the beginning of the year, these dates should be on the calendar first and then work our Commission Meeting around those dates. There was discussion and consensus to move the items to the next City Commission Meeting on October 18, 2022. Motion Vice Mayor Cruz moved to move the items to the October 18th Commission Meeting. Commissioner Hay seconded the motion. The motion passed unanimously. Page 865 of 1147 Meeting Minutes City Commission Meeting Boynton Beach, FL October 4, 2022 Public Comment: Susan Oyer wished everyone a Happy Yom Kippur, but said that they have not moved a meeting before for this reason and that nobody on the Commission is Jewish. She stated that we should not give up our meeting, because it is the wrong precedence to set. Karen Ho stated that she owns several properties in Boynton Beach. She asked how she could submit her information to the Commissioners to get an issue resolved. Cindy Falco DiCorrado stated that it is a high holy day, not a holiday. She said that it is a small agenda and we are already here so we should continue the meeting. She commented that the City needs to communicate better with residents. Ernest Mignoli stated that he cannot find information on the website for anything. He said that the City is discriminating against everyone. He commented that most of the City is catholic, and everyone is against them. There were no Virtual Public Comments. 2. Adoption 2. Other A. Informational items by the Members of the City Commission. Item was postponed to the October 18, 2022 Commission Meeting. 3. Announcements, Community and Special Events And Presentations A. Proclaim October 15 as White Cane Safety Day. The proclamation will be accepted by John Crossley, Vice President of the National Federation of the Blind (Palm Beach Chapter). Item was postponed to the October 18, 2022 Commission Meeting. B. Proclaim the month of October as National Breast Cancer Awareness Month. The proclamation will be accepted by Lindsay Bennett, Senior Development Manager for the American Cancer Society. Item was postponed to the October 18, 2022 Commission Meeting. C. Announcement regarding the Recreation & Parks Department 2022 Fall Festival, Saturday October 15th, from 3:00 P.M. to 6:00 P.M. Item was postponed to the October 18, 2022 Commission Meeting. 4 Page 866 of 1147 Meeting Minutes City Commission Meeting Boynton Beach, FL October 4, 2022 D. Announcement by Rebecca Harvey, Sustainability & Resilience Administrator about the City of Boynton Beach's tree planting event on November 5 in partnership with Community Greening and the St. George's Society of Palm Beach. Item was postponed to the October 18, 2022 Commission Meeting. 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 -None 6. Consent Agenda A. 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 4, 2022 - "Request for Extensions and/or Piggybacks Under $100,000." B. Approve the purchase of Extreme Networks maintenance, and licensing from STEPcg of Covington, KY in the amount of $48,841.95, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO-19- ACS. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. C. Proposed Resolution No. R22-141 Authorize City Manager to sign piggy- back agreement utilizing the City of Boca Raton invitation to bid (ITB)# 2022-007 with Partnership Landscaping, LLC for landscape maintenance services at the cemetery and mausoleum for an estimated annual cost of $74,200.00 for the extent of the contract. The City of Boca Raton's procurement process satisfies the City's competitive bid requirements. Items were postponed to the October 18, 2022 Commission Meeting. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R22-142 - Authorize the City Manager to sign an Agreement and Business Associate Agreement with CareATC of Tulsa, OK to provide services required to manage an employee health care clinic, not to exceed $780,000 per fiscal year. Page 867 of 1147 Meeting Minutes City Commission Meeting Boynton Beach, FL October 4, 2022 B. Proposed Resolution No. R22-143 - Approve the renewal of property, casualty, and workers' compensation insurance coverage through Florida Municipal Trust (FMIT) and authorize City Manager to sign all required documents for the term of the policy: October 1, 2022 through September 30, 2023. Items were postponed to the October 18, 2022 Commission Meeting. 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- None 11. New Business A. Commission discussion on Advisory Boards reporting to the City Commission, requested by Commissioner Kelley. Item was postponed to the October 18, 2022 Commission Meeting. B. Proposed Resolution No. R22-144- Approve and ratify the appointment of Adam Temple as Assistant City Manager - Development Services, pursuant to City Code of Ordinances, Chapter 2, Article II, Section 2-30(b). Item was postponed to the October 18, 2022 Commission Meeting. 12. Legal- None A. Proposed Ordinance No. 22-017- First Reading. Tenant Notice and Bill of Rights Ordinance. Item was postponed to the October 18, 2022 Commission Meeting. 13. Future Agenda Items A. Consider an LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Vice Mayor Cruz -To be scheduled for Commission agenda once it has gone to the Planning & Development Board in September 2022. 4 Page 868 of 1147 Meeting Minutes City Commission Meeting Boynton Beach, FL October 4, 2022 B. Discussion of draft height regulations. - October 18, 2022 C. Report on the status of infrastructure within the City, requested by Mayor Penserga - October 18, 2022 D. Additional homestead for low income seniors, requested by Mayor Penserga - October 18, 2022 E. Draft Ordinance on Civility & Decorum - October 18, 2022 F. Following discussion on September 22, 2022, City Staff to provide options to Commission for revising the Community Support Funds policy. - October 18, 2022 G. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 2023. H. H. Legal options for preserving the future park site in the Meadows subdivision as green space, requested by Commissioner Kelley. - TBD 14. Adjournment Commissioner Turkin thanked City staff for their quick efforts during and after the storm. He said that it gave him a lot of confidence that if something were to come this way, we would be prepared to the best of our ability. Commissioner Hay concurred with Commissioner Turkin and he said he is happy to see City staff continuing to respond to the needs of the City. Motion Commissioner Kelley moved to adjourn the meeting. Vice Mayor Cruz seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:26 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 9 Page 869 of 1147 7.A. Consent Bids and Purchases Over $100,000 10/18/2022 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 18, 2022 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL TERM AMOUNT SOLICITATION NUMBER Annual Mae Volen Senior Center October 1, 2022 - Estimated Senior Center, Transportation Services Two -Party Agreement September 31, 2023 Expenditure Inc. $110,000 Annual Iron Containers, Metal Container Roll- City of Boynton Beach October 17, 2022 - Estimated Expenditure LLC Offs Bid No. 035-2510-18/IT October 16, 2023 $150,000 Annual Martin Fence Co.; Alpha New Fencing, Repairs, City of Boynton Beach November 5, 2022 - Estimated Expenditure Fence and Gate Operators Bid No. 001-2511-20/EM November 4, 2023 $250,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: 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: Page 870 of 1147 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type DAftachll-Tieir�t D AftachirTIENIII DAftachirneint D Altac hirneirnt D AftadhiiTieint Description Bid IE xteinsioins and F"iggy 1Bana.,lks Oveir $100,000 Two F:Iairty Agireerneint Il=Reinerwal IE ae Volen 'einioir Center, II incl. 2C322..202 3 Renewal II interest I elteir IIiroin Cointaineir, I I C 2022 202'3 F:Reinewal II inteirest I etteir Alpha IFeirnce, ... 2022 2023 Reinewil II interest I elteir Mairtin F::'eince Co 23.3`2...20 3 Page 871 of 1147 REQUESTING DEPARTMENT: Recreation DEPARTMENT CONTACT: Kacy Young TERM: October 1, 2022 to September 30, 2023 SOURCE FOR PURCHASE: Two -Party Agreement with Mae Volen Senior Center, Inc. ACCOUNT NUMBER: 001-1211-512-49-17 VENDOR(S): MAE VOLEN SENIOR CENTER, INC ANNUAL ESTIMATE: $110,000 DESCRIPTION: The Mae Volen Senior Center provides transportation services for the City of Boynton Beach senior residents four (4) times daily, Monday through Friday. The program follows routes and destinations as established by the City. Mae Volen Senior Center provides all staff, vehicles, and insurance. Approve the renewal for the one-year term October 1, 2022 through September 30, 2023. REQUESTING DEPARTMENT: Public Works — Solid Waste DEPARTMENT CONTACT. Adrianna Greco-Arencibia TERM: October 17, 2022 — October 16, 2023 SOURCE FOR PURCHASE: COBB Bid No. 035-2510-1811T ACCOUNT NUMBER: 431-2515-534.52-74 VENDOR(S): IRON CONTAINERS, LLC ANNUAL ESTIMATE: $150,000 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 October 19, 2021, City Commission approved the vendor's request for a price increase of approximately 35% with the agreement that the vendor will adjust for decreases as the cost of steel decrease. Approve the renewal for the term October 17, 2022 to October 16, 2023. REQUESTING DEPARTMENT: Public Works — Facilities Maintenance DEPARTMENT CONTACT: Adrianna Greco-Arencibia TERM: November 5, 2022 — November 4, 2023 SOURCE FOR PURCHASE. COBB Bid No. 001-2511-20/EM ACCOUNT NUMBER: 001-2511-519.49-17 (Facilities); 001-2730-572.46-98 (Parks & Grounds) 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. Award was based on the lowest, most responsive, responsible bidder(s). Martin Fence and Alpha Fence both met all specifications to the bid and requirements and is utilized 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 2nd renewal term of the contract. Approve the renewal for the term November 5, 2022 to November 4, 2023. finunc4/Pnocunyment Services 10DE.Ocean Avenue Boynton Beach, flI74J5 P.O.Box J20 Boynton Beach, Florida 334ZJ'0J20 Telephone No: (J62)742'632D August 29, 2022 The Mae VolenSenior Center, Inc. Attn: Elizabeth Lugo, President/CEO 1515West Palmetto Park Road Boca Raton, FL33488 VIA EMAIL TRANSMITTAL TO: I og@\�qIQUcentq. nj RE.: TRANSPORTATION SERVICES CURRENT AGREEMENT TERM: OCTOBER 1, 2021 —SEPTEMBER 30,2022 Dear Ms. Lugo: The current Agreement term for "TRANSPORTATION SERVICES" expires September 30, 2022 The agreement between the City and The K8aeVo|en Senior Center, Inc. allows the option to extend the agreement for continuous services. The City of Boynton Beach would like boextend the agreement from October 1, 2022 to September 30, 2023 with the same level of services rendered by The Mae Volen Senior Center, Inc. during the 2021-2022 budget year. Please indicate your response onthe following page and return btoProcurement Services via email to at your earliest convenience. If you should have any queedons, please do not hesitate to oontactTana|yn Pratt, Contract Administrator gt (561) 742-8388. I*kAL Mara Frederiksen Director ofFinancial Services tp America's Gateway/ode Gulf Stream Page 874Ofj147 Cir Finance/Procurement Set -vices 100 E Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 August 29, 2022 Agreement between the City of Boynton Beach and The Mae Volen Senior Center, Inc. AGREEMENT RENEWAL TERM: OCTOBER 1, 2022 — SEPTEMBER 30, 2023 /Yes, I agree to renew the existing agreement under the same level of services rendered by The Mae Volen Senior Center, Inc. during the 2021-2022 budget year. No, I do not wish to renew the Agreement for the following reason(s) MAE VOLEN SENIOR CENTER, INC. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) F 0 i a_v 'a, a DATE E-MAILIJ SIGN ,T_O RE U QD TITLE ZC (s) (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 875 of 1147 Finonce/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone Na: (561) 742-6310 September 20, 2022 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 17,2022— OCTOBER 16, 2023 _ZYes, I agre6 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) NAME OF REPRESENTATIVE (please print) S P4 U R E vi�a- N4 kaa(J'7" TITLE I 5-(D 61, DATE / (AREA CODE) TELEPHONE NUMBER IeAIN C04ak C()ff\ E,MPL America's Gateway to the Gulf Stream Page 876 of 1147 The City of Bo nton 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 16, 2022 Alpha Fence Attn: Nicholas J. Doup VIA EMAIL TRANSMITTAL TO: admin(aliLh-fence com 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, 2022. 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 2nd 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 prattt(a)-bbfl.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, J*k.a.", Mara Frederiksen Director of Financial Services E America's Gateway to the Gulf Stream Page 877 of 1147 The City of Bounton 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 16, 2022 BID: NEW FENCING, REPAIRS, AND GATE OPERATORS BID No.: 001-2511-20/EM Agreement between the City of Boynton Beach and ALPHA FENCE. AGREEMENT RENEWAL TERM: NOVEMBER 5,2022— NOVEMBER 4, 2023 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. a5 NAME --- O_F'_R ... E—P A ' ' 'E""S" _E_N T_ A T"I V E'_ (piease prrin't) � C 9 .1,9 (��' b4fif_ ­­­­­­­­ ......... . . . ........ - AIL OLAJI jk,� ­­­­­­'­.­­ ................... TITLE . ........... ­_­_ ........... (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 878 of 1147 The City of September 16, 2022 FinancelProcurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 R0. Box 310 Boynton Beach, Florido 33425-0,310 Felephone No: (561) 742-6310 Agreement between the City of Boynton Beach and Martin Fence Co. AGREEMENT RENEWAL TERM: NOVEMBER 5,2022– NOVEMBER 4, 2023 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) NAMP',0F COMPANY Ll NAME 04—EPR ESENTATIVE (please print) 2LLL710 DATE TITLE (AREA (:ODE) TELEPHONE NUMBER Arnerica's Gateway to the Gulf Streorn Page 879 of 1147 The City of gqyyton Beach September 16, 2022 FinoncelProcurement Services 100 E. Ocean Avenue Boynton Beach, FL. .33435 P.O. Box 310 Boynton Beach, Florido 33425-03.10 Telephone No: (561) 742-6310 Martin Fence Co. Attn: Robert L. Greene, President 862 13t", Street Lake Park, FL 33403 VIA EMAIL TRANSMITTAL TO: .. !ALg�jqp_11L,-trtinfence corn ­_­ ................ In �115111 � �lii 11151HR�� 11 Dear Mr. Greene The current bid term for "NEW FENCING, REPAIRS, AND GATE OPERATORS" expires November 4, 2022. 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 2nd 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 EatLtt &b bf I . �L at your earliest convenience. If You should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308, H America's Gateway to the Gulf Stream Page 880 of 1147 7.B. Requested Action by Commission: Approve Amendment No.1 to Task Order UT -2C-03 with CDM Smith Inc. the amount of $320,940.00 for updating the Stormwater Master Plan (SWMP) for the City's Downtown Watershed in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope C awarded by City Commission on August 7, 2018 and renewed on August 20, 2022. Explanation of Request: Boynton Beach Utilities is utilizing the General Consulting Services Contract (RFQ No. 046-2821-17/TP) to support Utilities Capital Improvement Projects (CI P) prioritization for the Downtown Watershed, which is generally east of 1-95, south of the Boynton Canal (C-16 Canal), east to the Intracoastal Waterway, and extending south of Ocean Avenue. The project area includes the Downtown Stormwater Pond and the Heart of Boynton areas. CDM Smith, Inc. will provide an update of the stormwater Master Plan (SWMP), stormwater hydraulic modeling, analysis of alternatives, permitting support, and training of City staff to use the stormwater modeling software for future simulations. The update of the SWMP for the City's Downtown Watershed will provide guidance for planning of future stormwater improvements in the area. South Florida receives 62 inches of rainfall per year on average, compared to the U.S. average of 39 inches. The increased frequency and intensity of storm events can result in increased street flooding from rain events. Seasonal King tides, high tide events, and impacts of sea level rise have increased the flooding potential. Standing water due to flooding can also lead to roadway deterioration, causing further accessibility problems for the residents, businesses and visitors. As part of this task order, CDM Smith will convert the existing SWMM5 model to the latest version of the Interconnected Channel and Pond Routing Stormwater Model Version 4 (ICPR4). The ICPR4 model is widely used for engineering stormwater calculations, and ICPR4 will be the standard stormwater hydraulic modeling software for the Utilities and Public Works Departments. The original Task Order and proposed amended fee for this Task Order are as follows: Original Task Order fee: $99,960.00 Amendment No. 1: $320,940.00 For a total Task Order fee of: $420,900.00 How will this affect city programs or services? The project will address stormwater management in the Downtown Watershed east of 1-95 and will provide guidance for the planning of future stormwater improvement projects throughout the area to improve the City's Level of Service (LOS) to residents and businesses. Fiscal Impact: Funding is available in the Utilities accounts 403-5000-536-31.90 US2302 and 403-5000-538-65.09 STM. Page 881 of 1147 Alternatives: Do not approve the requested Amendment No. 1. Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: The stormwater modeling update and CI P prioritization will allow utilities to be better prepared for future projects and maintaining stormwater drainage in the downtown area and do it is an efficient and sustainable way. Climate Action Application: Is this a grant? Grant Amount: Attachments: Ty pe D I.....e9:eir D Uhairnge Order D I.....ocatio n Map D C...oi ntiract Description i-ai nsirniittal II.....euteir Fliroposal Area I Map CUM IF:Zeirnewaill 2022.2023 Page 882 of 1147 CD■�!�! 1h 621 NW 531° Street Suite 265 Boca Raton, Florida 33587 teL 561-571-3757 September 29, 2022 (Sent Via Email) Poonam Kalkat Utilities Director City of Boynton Beach 124 E Woolbright Road Boynton Beach, Florida 33435 Subject: Downtown Stormwater Modeling Evaluation Task Order No. UT -2C-03 Dear Mrs. Kalkat: CDM Smith is pleased to transmit the attached proposal for the Downtown Stormwater Modeling Evaluation project. Should you have any questions or comments regarding the attached, please feel free to call me. We appreciate the opportunity to serve the City of Boynton Beach on this important assignment. Sin ely, Yan e Merca o, P.E., P.M.P. Principal CDM Smith Inc. cc: Suzanne Mechler Page 883 of 1147 TASK ORDER NO. UT -2C-03 (FINAL 09.29.2022) DOWNTOWN STORMWATER MODELING EVALUATION CITY OF BOYNTON BEACH CONTRACT NO.: 046-2821-17/TP — GENERAL CONSULTING SERVICES SCOPE CATEGORY "C" This Task Order (TO), when executed, shall be incorporated in and become part of the Agreement for Professional Services between the City of Boynton Beach (CITY) and CDM Smith Inc. (CONSULTANT), dated August 20, 2018, hereafter referred to as the Agreement. BACKGROUND In June 2020, The CONSULTANT completed the Downtown Watershed Stormwater Model Update Report (2020 Report) for the CITY. The purpose of the 2020 Report was to provide guidance for the planning of future stormwater improvements in the Downtown Watershed to improve Level of Service (LOS) for flood control and water quality improvement. Figure 1 presents a map of the Downtown Watershed. It should be noted that the Environmental Protection Agency's Stormwater Management Model Version 5 (SWMM5) was the tool used to develop the recommendations presented in the 2020 Report. In support of the development community, the CITY requested that the EPASWMM Version 5 stormwater models be migrated to the latest version (currently 4.07.08) of the Interconnected Channel and Pond Routing Stormwater Model Version 4 (ICPR4). The development community is more versed in using ICPR4 compared to SWMM5, and therefore, the CITY hopes this migration will help streamline its review of development and re -development plans against the findings presented in the 2020 Report. Following the model migration, the CITY has requested that the CONSULTANT perform the following evaluations: ■ Updating the Downtown Watershed basin model to include proposed developments submitted after the 2020 Report. ■ Assess the feasibility of additional infrastructure such as surface and/or groundwater storage projects and use of recharge wells. ■ Obtaining input from the South Florida Water Management District (SFWMD) on the permit requirements for recommended improvements. ■ Provide the CITY with peak discharge rates by hydrologic unit in the study area for the existing (2022) modeled stormwater management system. ■ Estimate the additional capacity (storage, treatment, and conveyance) of the stormwater management system 49.7 -acre tributary area to the Downtown Stormwater Pond (ERP 50-04166- P). CM Smith Page 1 of 9 p3290_TO.docx Page 884 of 1147 SCOPE OF WORK The following is a description of the CONSULTANT services to be provided under this Task Order (TO): Task 1.0 - Stormwater Model Conversion to ICPR4 The CONSULTANT will convert the stormwater model associated with the 2020 Report from SWMM5 to ICPR4 as defined in the subtasks below: Subtask 1.1 Hydrologic Model Conversion The Horton equation was used to estimate stormwater infiltration from rainfall in the SWMM5 model. For this TO, the Green-Ampt (GA) infiltration method will be used to distinguish rainfall infiltration from runoff in the hydrologic evaluations performed using ICPR4 as selected by the CITY. The GA parameters will be developed under this Subtask using the same land use, soils, and hydrologic unit boundaries used for the 2020 Report. The new hydrologic parameters will be added to the ICPR4 model data sets developed for this TO. The percent impervious estimates to be used in the ICPR4 model will be based on the values from the SWMM5 hydrology. Subtask 1.2 Hydraulic Model Conversion The hydraulic elements developed for the SWMM5 models used to develop the 2020 Report will be migrated to the ICPR4 data set using manual input and/or digital tools when appropriate (e.g., Microsoft EXCEL). Elements will include stormwater pipes, channels, weirs, infiltration systems (trenches, wells), storage areas (depression areas, ponds, etc.), and pump stations. Subtask 1.3 Stormwater Model Comparison Using the ICPR4 stormwater model for the Downtown Watershed, the CONSULTANT will simulate the following design storm events: ■ 10-Year/72-Hour —10.7 inches of rainfall ■ 25-Year/72-Hour —13.5 inches of rainfall ■ 100-Year/72-Hour —18.4 inches of rainfall The South Florida Water Management District (SFWMD) rainfall distribution will be used for these 3 design storm events. A summary table of predicted peak stages will be developed and compared to the resultant peak stages estimated by SWMM5 in the 2020 Report. The ICPR4 model input parameters may be adjusted until they reasonably match the results presented in the 2020 Report (+/- 0.5 -foot). Task 2.0 - Existing Conditions Stormwater Model Updates The CONSULTANT will update the ICPR4 model data developed under Task 1 to include the stormwater infrastructure associated with the following proposed/ongoing developments identified by the CITY, as shown in Attachment 1, and including the following: 1. Ocean One 2. Broadstone 3. CRA Project — NE 1st Avenue 4. 500 Ocean 5. The Village at East Ocean 6. Town Square 7. Future project — Federal Highway/SE 2nd Ave./SE 4th St. CM Smith Page 2 of 9 p3290_TO.docx Page 885 of 1147 8. Cottage District 9. Ocean Breeze East 10. Wells Landing North and South Updates will include refinement of up to 25 hydrologic unit boundaries, changes in land use intensity, proposed stormwater infrastructure, and available geotechnical information influencing the infiltration rates of the proposed development. Task 3.0 — Stormwater Model Simulations Using the updated ICPR4 stormwater model, the CONSULTANT will simulate the following design storm events under 2022 land use conditions using the SFWMD rainfall distribution: ■ 10-Year/72-Hour —10.7 inches of rainfall ■ 25-Year/72-Hour —13.5 inches of rainfall ■ 100-Year/72-Hour —18.4 inches of rainfall It should be noted that the total rainfall volumes listed above will be confirmed with the CITY prior to completing the stormwater model simulations. If a different rainfall volume is preferred by the CITY, the CONSULTANT will replace the listed rainfall volume for a given design storm event with the rainfall volume preferred by the CITY. The CONSULTANT will use the model results to develop the following tables for each design storm event: ■ Summary table of peak runoff rates from each hydrologic unit in the study area. ■ Summary table of peak water surface elevations predicted for each modeled node. ■ Summary table of peak flows predicted for each modeled conduit. The summary table of peak water surface elevations for each model node will be used to estimate the Level -of -Service (LOS) for the CITY's existing stormwater management system following the same methodology used in the 2020 Report. Task 4.0 — Alternatives Model Simulation and Analysis Under this task, the CONSULTANT will simulate and analyze 4 alternative scenarios, as mutually agreed upon with the CITY, and as defined below. Alternatives will consider the proposed developments identified under Task 2. The alternative model simulations will be performed using the 100 -Year, 25 - Year, and 10 -Year/ 72 -hour design storm events. An 11" by 17" plan view map will be developed for each alternative using GIS tools to show the general locations of the proposed alternatives. CM SmilIIth Page 3 of 9 p3290_TO.docx Page 886 of 1147 CM Smith Page 4 of 9 p3290_TO.docx Page 887 of 1147 Subtask 4.1 Alternative 1— Expansion of the Existing Downtown Stormwater Pond The CONSULTANT will assess the current capacity and viability of expanded treatment and/or attenuation in the Downtown Treatment Pond, including removal of sediment build-up estimated by Others. This alternative will include the following considerations: ■ Simulating the peak rate and volumetric loadings to the Downtown Stormwater Pond using the updated Existing Condition Model from Task 1 and the updated redevelopment model from Task 3. ■ Assessing the simulated volumetric and flow rate contribution to the Downtown treatment pond and comparing to permitted volumetric capacity. ■ Estimating the permanent pool residence time. ■ Consideration of the current sedimentation in the pond and its removal using the results from bathymetric survey (survey to be performed by Others). ■ Discussing results, with the CITY and the SFWMD, regarding the possibility of a permit modification for an increase in the contributing area and increase in density within the existing contributing area. The CONSULTANT will incorporate the recommended improvements to the Downtown Stormwater Pond into the ICPR4 model for Alternative 1. The resultant peak stages predicted by ICPR4 will be summarized in a table. Subtask 4.2 Alternative 2 — Potential Stormwater Pond Sites The CONSULTANT will review potential pond sites previously presented to the CITY to determine if they are viable for future consideration along with other green space visible from the most recent aerial photography made available by the CITY. For those sites deemed viable for stormwater facilities, the CONSULTANT will incorporate those sites (up to 3 locations) into the ICPR4 model for Alternative 2. The resultant peak stages predicted by ICPR4 will be summarized in a table. Subtask 4.3 Alternative 3 - Stormwater Recharge Analysis The CONSULTANT will review available as -built and operational data provided by the CITY for two (2) existing recharge wells in the Downtown Stormwater Pond. The CONSULTANT will assess the potential for additional recharge flow rates or additional recharge wells within the Downtown Watershed and their benefit. The CONSULTANT will evaluate the proposed recharge rate changes and/or up to five (5) new recharge wells recommended using the ICPR4 model and the resultant predicted peak stages will be summarized in a table. Subtask 4.4 Alternative 4 - Conveyance and Exfiltration Improvements Analysis The CONSULTANT will identify locations where conveyance and exfiltration improvements are needed to meet LOS and provide treatment. This will include a review of the recommendations from the 2020 Report with CITY staff to determine if the proposed locations remain viable for implementation. For those sites deemed viable for conveyance and exfiltration improvements, the CONSULTANT will incorporate them into the ICPR4 model for Alternative 4. The resultant peak stages predicted by ICPR4 will be summarized in a table. Task 5.0 Recommended Alternative Concepts and Cost Estimating The CONSULTANT will meet with the CITY to select an overall recommended alternative that may include elements of Alternatives 1 through 4, as defined in Task 4, and stormwater infrastructure CM Smith Page 5 of 9 p3290_TO.docx Page 888 of 1147 associated with the proposed development identified under Task 2. For the overall recommended alternative plan (One (1) scenario), the CONSULTANT will develop conceptual layouts of the recommended infrastructure using aerial photography, existing topographic contours, and parcel data. The CONSULTANT will provide the CITY with an engineer's opinion of the conceptual cost of construction for the recommended alternative. The CONSULTANT will prepare the following tables for the recommended alternative: ■ Summary table of peak runoff rates from each hydrologic unit ■ Summary table of peak water surface elevations predicted for each modeled node ■ Summary table of peak flows predicted for each modeled conduit Task 6.0 - Model Update Report The CONSULTANT will prepare a report that summarizes the findings of Task 1 through 5 above. The Draft Report will be submitted to the CITY for review and comment. The CONSULTANT will meet with the CITY to discuss the results of the Draft Report and mutually agree how the CITY comments should be incorporated into a Final Report. The CONSULTANT will then incorporate comments from the CITY into a Final Report. For planning purposes, the draft and final reports will include the following sections and utilize the relevant sections from the 2020 Report. ■ Executive Summary ■ Section 1 Introduction ■ Section 2 Stormwater Model Methodology ■ Section 3 Stormwater Model Results ■ Section 4 Alternatives Analysis & Recommendations The CONSULTANT shall provide two (2) printed copies of a 3'x4' reference map, suitable for wall mounting, depicting the basins, conveyance and known development parcels and predicted peak runoff rates by design storm event from each hydrologic unit under existing land use and hydraulic conditions. Task 7.0 - ICPR4 Modeling Software Limited Training and Limited Technical Support The CONSULTANT will prepare for and provide 16 hours of training to CITY Utilities and/or Public Works staff regarding the use of ICPR4 software specific to the stormwater model data sets developed under this TO for the CITY. The CITY will be able to extract model details and results as well as modify and perform additional simulations. The CITY will be responsible for securing their ICPR4 user's license and associated user's manual from Streamline Technologies, Inc. The CONSULTANT will provide up to 12 hours of remote (virtual) technical support to answer any follow- up questions from City staff and related to the use of ICPR4. Technical support is specific to the stormwater model data sets developed under this TO. Task 8.0 - Project Management, Meetings, and Quality Management CONSULTANT will perform administrative and project management activities throughout the project consistent with CONSULTANT's quality management program and CITY's requirements. Specific activities included are identified below: CM Smith Page 6 of 9 p3290_TO.docx Page 889 of 1147 Subtask 8.1 Project Management CONSULTANT will perform administrative and project management activities throughout the project consistent with CONSULTANT's quality management program and CITY's requirements. Project management will include maintaining lines of communication and project coordination, monthly financial performance monitoring of the budget and status reports, reporting schedules, technical conference calls, managing technical project resources, and maintaining quality control. Subtask 8.2 Meetings The CONSULTANT will attend up to ten (10) meetings with the CITY. The proposed meetings include: one (1) project kickoff meeting with CITY staff, one (1) meeting to gather additional data, three (3) meetings to provide project status, review the results of the models or review alternative concepts, one (1) meeting to discuss Draft Model Update Report, and two (2) meetings with regulatory agencies (i.e., SFWMD, FDEP) to discuss environmental permitting requirements. The CONSULTANT will prepare meeting minutes for documentation purposes. Subtask 8.3 Project Quality Technical Review The CONSULTANT maintains a quality management system (QMS) for CITY projects performed by CONSULTANT. Technical reviews of deliverables are budgeted for and will be performed to review various milestone submittals. Task 9.0 - Survey and Geotechnical Support Project Allowances The CONSULTANT will identify surveying and/or geotechnical engineering needs for the project and will submit to CITY PM for written approval, prior to proceeding with work under this Task. Subtask 9.1 Stormwater Infrastructure Surveying The CONSULTANT will identify remaining survey data gaps needed to complete stormwater model updates under this TO. The survey data gaps will be identified once the existing conditions model is updated. Survey work will be performed under a subtask allowance of up to $20,000. The CONSULTANT will get written confirmation from CITY PM prior to engaging the services of a professional surveyor licensed in FL. The survey may include stormwater structure geometric and elevation data, as well as finished floor elevations to be incorporated into this study. Survey work will be performed in accordance with CITY specifications, as detailed in Attachment 2. Subtask 9.2 Geotechnical Engineering The CONSULTANT will secure services from a geotechnical engineering firm licensed in FL to estimate the hydraulic conductivity of the soils and depth of water table for up to 5 locations. This may include a determination of a potential presence of "hard pan" or other non-conductive layers for exfiltration capacity. The resultant information will be considered in both the ICPR4 model parameters and the evaluated alternatives to improve the stormwater management LOS provided by the CITY. ASSUMPTIONS The services defined in Tasks 1 through 9 are based upon the following assumptions: 1. The CITY will provide data, support, and reviews as identified above, including existing GIS coverages, available survey for the stormwater management system, and proposed development plans for the study area. The CITY will also provide operational data and as-builts for existing recharge wells. CM Smith Page 7 of 9 p3290_TO.docx Page 890 of 1147 2. A surveyor (to be subcontracted by CITY) will conduct a bathymetric survey of the existing Downtown Stormwater Pond and will provide information regarding the sediment build up in this Pond. 3. Only the existing SWMM5 model data sets for the Downtown Watershed will be converted to ICPR4. Conversion of the SWMM5 model data sets for the San Castle, Lake Boynton Estates, and Chapel Hill Study Areas have not been included in this TO. 4. Task 7 assumes two (2) resources for two (2) days of ICPR4 training. 5. The CITY will be responsible for securing staff access to ICPR4 and associated user's manual(s) through subscription services available from Streamline Technologies, Inc. 6. Based upon available data, I-95, C-16 SFWMD, and LWDD canals will be boundary conditions. 7. The cost estimates will be based on the conceptual layout and subject to change pending of a more detailed design process (not included in this scope of services). 8. Training for CITY Staff will be held at the City Offices. CITY is responsible for coordination and logistics of training location/space. 9. Subtask 8.2 considers face-to-face meetings for local staff only and virtual attendance for remote staff. TIME OF COMPLETION/SCHEDULE It is anticipated that the project will take 11 months to complete, starting within two weeks of receipt of a formal notice to proceed (NTP). CONSULTANT will prepare an updated detailed schedule within the first thirty (30) calendar days after Notice to Proceed. DELIVERABLES mimli 1,111611 M IN, III, w ;. mI- 1111 11 i w1 N- a Task 1.0 — Stormwater Model Conversion to ICPR4 Summary table of converted model results. Task 2.0 — Existing Conditions Stormwater Model Listing of development plans included in the updated Updates stormwater model. Task 3.0 — Stormwater Model Simulations Model Input/Output Files to be provided as part of Task 6. Task 4.0—Alternatives Model Simulation and Alternative concept plan view maps and flood stage Analysis summary tables to be provided as part of Task 6. Task 5.0 - Recommended Alternative Concepts and To be provided as part of Task 6. Cost Estimate Task 6.0 - Model Update Report Draft and Final Report in electronic format (PDF), Two (2) hard copies of the Final Report; Model Input/Output Files and supporting data; One (1) printed Reference Map (full- size hard copy). Task 7.0 — ICPR4 Modeling Software Limited Training handouts and notes (in PDF). Training and Limited Technical Support Task 8.0 — Project Management, Meetings, and Meeting Minutes, Monthly Invoices, and Status Reports. Quality Management Task 9.0 —Survey & Geotechnical Support Project Copies of geotechnical report completed under this TO (by Allowances others). Signed and sealed survey plans and digitally signed survey file (PDF), CAD survey files. CM Smith Page 8 of 9 p3290_TO.docx Page 891 of 1147 PAYMENT AND COMPENSATION For the services performed under this TO, the CITY agrees to pay the CONSULTANT a lump sum amount of $320,940.00. The CONSULTANT will submit monthly invoices based in proportion to the percentage of work completed for each task. For invoice purposes only, the value of each task is presented in Attachment 3. CM Smith Page 9 of 9 p3290_TO.docx Page 892 of 1147 Attachment 1 Page 893 of 1147 �¢ JI I 45', NW 11th Ave I Illll � K % WNI/F,iY IINIWOIulfrli �, y�" �` 4 a I� w .✓%� r ll//�� ��/� O I N Martin Luther -King Jr -Blvd —, / rvi a, 41 �/ u RR/i % I' 9M ii W SoI �; iiiIf P r // ��1 I N � � ' �iY ' ���� �Y/�✓� �� � l WIN Ilii/ "IN if l r �� �r' illi➢�/ � ��' � 'n��,/s' +�nJr � ;,, „� / r , NE 8th Ave /y/ S./m %i rr i1 rvrrai / iPrl' e m NW 8th Ave �V al Ni ^ r 6 llVlb� V 0 jiU1011114111 N..........., I i I f If "" % i Attachment 2 Page 895 of 1147 Specifications for Survey Services 1. Prepare a survey of the project area with an aerial background. The survey shall include the latest available Palm Beach County Ortographic aerials. 2. The survey shall be performed using the Florida State Plane Coordinate base NAD83, and the NAVD88 vertical datum. The survey shall comply with all State and City requirements. The survey shall be signed and sealed by a Florida Registered Professional Land Surveyor. The unit of measurement shall be the United States foot. 3. Set temporary benchmarks and horizontal control points every 50 feet. 4. The survey shall show the locations of electrical conduits, poles, lights, cables, utility markers, overhead utility lines, transformers, lighting control panels, etc. 5. The survey shall show the locations and elevations of drainage catch basins, storm sewer inlets, outfalls (on-site and in the street) and associated piping which crosses through the area to be surveyed including the sizes and inverts of pipes. 6. The survey shall show underground utilities, the edge of pavement and centerline of roads, curbs, gutter and any appurtenances of the area surveyed. 7. The surveyor shall contact 811 for utilities locations and also use any available City's as -built. 8. Provide the following information for all existing utilities: a. Horizontal location b. Vertical location (if it can be determined in the field or from record documents) c. Type of Material (if it can be determined in the field or from record documents) d. Diameter (if it can be determined in the field or from record documents) e. Number of pipes/conduits (if it can be determined in the field or from record documents) f. Identification (storm drain, etc) 9. The survey shall show the location of shrubs and trees including tree trunk diameter, name of shrubs and trees and botanical classification (to the gest of the surveyor's knowledge) or any other vegetation within the right-of-way. 10. The survey shall show spot elevations on a 10 feet grid in open space where possible, and all vertical changes. Elevations will be reference to NAVD88 vertical datum. 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Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 July 19, 2022 CDM Smith, Inc. Attn: Suzanne E. Mechler 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 VIA EMAIL TRANSMITTAL TO: mechlerseCcDcdmsmith.com RFQ: 046-2821-17/TP - GENERAL CONSULTING SERVICES SCOPE B (Infrastructure Improvements & Evaluations) SCOPE C (Ancillary Studies & Services) CURRENT AGREEMENT TERM: AUGUST 20,2021 — AUGUST 19, 2022 Dear Ms. Mechler: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPES B AND C' expires September 19, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with CDM Smith, Inc. services and would like to extend the agreement for its 3rd 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 pratttCo)bbfl.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, I*k,L Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 902 of 1147 The City of Bounton 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 June 16, 2022 BID: GENERAL CONSULTING SERVICES SCOPE B (Infrastructure Improvements & Evaluations) SCOPE C (Ancillary Studies & Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and CDM SMITH, INC. AGREEMENT RENEWAL TERM: AUGUST 20, 2022 —AUGUST 19, 2023 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) CDM SMITH, INC. NAME OF COMPANY Suzanne E. Mechler, P.E., BCEE NAME OF REPRESENTATIVE (please print) July 29, 2022 DATE mechlerse@cdmsmith.com E -MAI L Digitally,- signed by Suzanne Mechler DN G=US, Suzanne Mechle_rED-mee hierse@cdmsmith.com, = SIGNATURE Date. 2022A7.2912:Sg:33-04'00' Vice President/ Client Service Leader TITLE 561-571-3756 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 903 of 1147 7.C. Requested Action by Commission: Proposed Resolution No. R22-142 - Authorize the City Manager to sign an Agreement and Business Associate Agreement with CareATC of Tulsa, OK to provide services required to manage an employee health care clinic, not to exceed $780,000 per fiscal year. (Postponed at the October 4, 2022 City Commission Meeting.) Explanation of Request: TERM: August 1, 2022 through July 31, 2027 On August 16, 2016, City Commission approved an Agreement with CareATC to administer an employee health center clinic for the City to provide employees and local retirees access to the highest levels of primary, urgent, prescription, and occupational health care. Services include primary care, acute and urgent care, immunizations, injections, new hire physicals, fitness for duty physicals, drug testing, annual public safety physicals, exams and screening, some prescriptions. In addition, provides job injury services including initial treatment of work related injuries in accordance with Florida Workers Compensation law. The clinic administers generic non-narcotic pre-packaged medication dose pack at no cost to the patient for the following conditions; allergy, antibiotic, antifungal, antiviral, asthma, cardiovascular, cholesterol, diabetes, inflammation/pain, injections/immunizations, etc. CareATC continues to identify additional medication that could further benefit to offer in the clinic. Health services are not subject to the competitive -solicitation requirements under Florida Statute Chapter 287 Section 057(3)(e)5. How will this affect city programs or services? Clinic is available to employees, dependents, and retirees that are covered under the City's health insurance plan. Fiscal Impact: This item has been budgeted in line item 522-1710-519.31-21. Alternatives: Not approve the agreement with CareATC and close clinic. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 904 of 1147 Is this a grant? No Grant Amount: Contracts Vendor Name: CareATC Start Date: 8/1/2022 End Date: 7/31/2027 Contract Value: $780,000 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: one (1) five-year renewal option Attachments: Type D Resolln.nflioirm D Af. ireerrrnei of D Afliireeir ne of Description Resolution No. �R22 142 A ireei nient ... CaireATC BAA City of I: oyintoirn Beach and Ca ireAt(:r Page 905 of 1147 1 RESOLUTION NO. R22-142 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT AND 4 BUSINESS ASSOCIATE AGREEMENT WITH CAREATC OF TULSA, OK TO 5 PROVIDE SERVICES REQUIRED TO MANAGE AN EMPLOYEE HEALTH CARE 6 CLINIC, NOT TO EXCEED $780,000 PER FISCAL YEAR; AND PROVIDING AN 7 EFFECTIVE DATE. 8 WHEREAS, on August 16, 2016, City Commission approved an Agreement with CareATC 9 to administer an employee health center clinic for the City to provide employees and local retirees 10 access to the highest levels of primary, urgent, prescription, and occupational health care; and 11 WHEREAS, the clinic is available to employees, dependents, and retirees that are covered 12 under the City's health insurance plan; 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 an Agreement and Business Associate Agreement with 16 CareATC of Tulsa, OK to provide services required to manage an employee health care clinic, not 17 to exceed $780,000 per fiscal year. 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 an Agreement and Business Associate Agreement 24 with CareATC of Tulsa, OK to provide services required to manage an employee health care clinic, 25 not to exceed $780,000 per fiscal year. A copy of the Agreements are attached hereto and 26 incorporated herein as Exhibits "A" and "B" respectively. 27 Section 3. That this Resolution shall become effective immediately upon passage. 28 S:ACA\RESO\Agreements\Agreement And BAA With Careatc - Reso.Docx Page 906 of 1147 29 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 PASSED AND ADOPTED this 4th day of October, 2022. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Agreement And BAA With Careatc - Reso.Docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 907 of 1147 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CAREATC, INC. THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and CareATC, Inc a corporation authorized to do business in the State of Florida, with a business address of 4500 S. 1291h E 481h Place, Tulsa, OK 74134, hereinafter referred to as the "PROFESSIONAL". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The PROFESSIONAL is retained by the City to administer an employee health center clinic for the City to provide employees and local retirees access to the highest levels of primary, urgent, prescription, and occupational health care. 2. SCOPE OF SERVICES. PROFESSIONAL agrees to perform the services required to manage an employee health care clinic. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the PROFESSIONAL to proceed. PROFESSIONAL shall perform all services required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of five (5) years, commencing on August 1, 2022 and shall remain in effect through July 31, 2027. The CITY reserves the right to renew the agreement for one (1) five-year renewals subject to Professional acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY. 5. PAYMENT. The PROFESSIONAL shall be paid by the CITY for completed work and for services rendered in accordance with the Proposal for Shared -Site Health Center (Exhibit "A") attached to this Agreement: A. Payment for the work provided by PROFESSIONAL shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to PROFESSIONAL shall not exceed the total contract price without express written modification of the Agreement signed by the CITY Manager or designee. B. The PROFESSIONAL may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the PROFESSIONAL in the amount approved. C. Final payment of any balance due the PROFESSIONAL of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. D. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The PROFESSIONAL's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. {00464442.1 306-90018211 F. All payments shall be governed by the Local Government Prompt Payment Act, asset forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the PROFESSIONAL in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The PROFESSIONAL shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with PROFESSIONAL's endeavors. 7. COMPLIANCE WITH LAWS. PROFESSIONAL shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. A. The PROFESSIONAL shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the PROFESSIONAL, its employees, agents, partners, principals or subcontractors. The PROFESSIONAL shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE A. During the performance of the services under this Agreement, PROFESSIONAL shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All polices shall be written by an insurance company authorized to do business in Florida. PROFESSIONAL shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: Worker's Compensation Insurance: The PROFESSIONAL shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability: The PROFESSIONAL shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall {00464442.1 306-90018211 provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. PROFESSIONAL shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The PROFESSIONAL shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The PROFESSIONAL shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the PROFESSIONAL from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the PROFESSIONAL or by anyone directly or indirectly employed by the PROFESSIONAL. iv. Professional Liability (Errors and Omissions) Insurance: The PROFESSIONAL shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. PROFESSIONAL shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 10. INDEPENDENT CONTRACTOR. The PROFESSIONAL and the CITY agree that the PROFESSIONAL is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither PROFESSIONAL nor any employee of PROFESSIONAL shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to PROFESSIONAL, or any employee of PROFESSIONAL. 11. COVENANT AGAINST CONTINGENT FEES. The PROFESSIONAL warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the PROFESSIONAL, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the PROFESSIONAL any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have {00464442.1 306-90018211 the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The PROFESSIONAL, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The PROFESSIONAL shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 14. NON -WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the PROFESSIONAL shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the PROFESSIONAL abandons the Agreement or causes it to be terminated, the PROFESSIONAL shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should PROFESSIONAL neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by PROFESSIONAL of written notice of such neglect or failure. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the CITY shall be sent to the following address: Daniel Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to PROFESSIONAL shall be sent to the following address: Paul Keeling, Chief Business Development Office CareATC, Inc. 4500 S 129th E 48th Place Tulsa, OK 74134 keeiiin o careatc..corm 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the PROFESSIONAL and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both CITY and PROFESSIONAL. 19. PUBLIC RECORDS. Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. The CITY is public {00464442.1 306-90018211 agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the PROFESSIONAL shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, PROFESSIONAL shall destroy all copies of such confidential and exempt records remaining in its possession once the PROFESSIONAL transfers the records in its possession to the CITY; and D. Upon completion of the contract, PROFESSIONAL shall transfer to the CITY, at no cost to the CITY, all public records in PROFESSIONAL's possession All records stored electronically by PROFESSIONAL must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE PROFESSIONAL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE PROFESSIONAL'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CITYCLERK@BBFL.US 20. SCRUTINIZED COMPANIES. By execution of this Agreement, PROFESSIONAL certifies that PROFESSIONAL is not participating in a boycott of Israel. PROFESSIONAL further certifies that PROFESSIONAL is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has PROFESSIONAL been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to PROFESSIONAL of the CITY's determination concerning the false certification. PROFESSIONAL shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, PROFESSIONAL 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 PROFESSIONAL does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E -VERIFY. PROFESSIONAL certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: {00464442.1 306-90018211 "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a Professional or consultant. ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the CITY of Boynton Beach; and iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK {00464442.1 306-90018211 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of 2022. CITY OF BOYNTON BEACH CareATC, Inc. Daniel Dugger, City Manager (Signature), Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Maylee De Jesus, City Clerk Approved as to Form: Attest/Authenticated: Michael D. Cirullo, Jr Witness Office of the City Attorney {00464442.1 306-90018211 Exhibit «yyA {00464442.1 306-90018211 ITT_T:NTI)P4 1 SillillillillillilliAl����',ZED,=SITE liiiiiiiiiiiiiiiiiiiEAL,,,TllllllllllllllllilI CItU of o` Beach, Florida IIIZII;;;;;' IIC; 1,,,,,,OMY WWW.CAREATC.CDM Page 916 of 1147 �q�����= ������ � ��� �� ��. �� � �� ���� by improving the health of their workforce. Since 2000, CareATC's comprehensive healthcare solution has driven engagement, improved health outcomes, lowered healthcare costs, and provided a transparent vision of the total cost of care. shared -site health centers in Boynton Beach that would be available not only to Boynton Beach employees but also to all CareATC clients in Southeast Florida, which would include NextEra Energy, Palm Beach County School District, Miami -Dade County School District, and potentially others. In addition to these two health centers, Boynton Beach beneficiaries will have access to the additional shared -site health centers that will be developed with the partners referenced above. The goal kstmexpand access through a combination of additional shared -site locations and the addition of Virtual Primary Care services. � Health Center Hours: These shared -site health centers will be == open 5days aweek, 8omt05pmEST. « � Musculoskeletal Services: Employees will be proactively identified byCGreAT[|physician Drtherapist through 8nMSK screening and standardized triage process virtually Orin -clinic and categorized eSLow, Medium, 0rHigh-Risk for MSK spend and/or disability and triaged uSindicated. See page 3for more 13 do18i|S. J�Ivikro .'111 ,PUP 825 up Parfient Advocacy Services (virtuaU):The patient advocate iS BeHe Glade adediosked Licensed Clinical Gnoia| Worker who helps patients 50/1 navigate the healthcare system. They will work intandem with the client toidentify key vendors, resources, etc. 10ensure members are maximizing current utilization within the company benefit otferingeand community resources. See pages 3&4for more 111TA" MAP details. � Occtj�patio�aUK�eaUth Services: Our occupational health ,va i o n — specialists will work with you 1Obring cost savings through providing on-site, work-related healthcare services and promoting | �a�m�t|'L employee safety. See page 8for more details. �, Virli 4UCare: VVeare proposing this addition at no additional cost toexpand access for members who donot have easy access or10cover times during which the health center ia not available. Virtual Primary Care during business hours would be through e CareATC provider that is affiliated with the Boynton Beach health centers. See page 5 for more details. �, A e r i,rs i eUe �,��TeaUt��ij Se r ifice!&:Available through CareATC o1noadditional cost. This service integrates with the CanaATC EMR. See page 5 for more details. Proprietary and [onFidenUa| ~ City ofBognWn Beach Proposal [orShaned-SUe Health [enIters 2 Page 917Of1147 �OA �, Virli 4UCare: VVeare proposing this addition at no additional cost toexpand access for members who donot have easy access or10cover times during which the health center ia not available. Virtual Primary Care during business hours would be through e CareATC provider that is affiliated with the Boynton Beach health centers. See page 5 for more details. �, A e r i,rs i eUe �,��TeaUt��ij Se r ifice!&:Available through CareATC o1noadditional cost. This service integrates with the CanaATC EMR. See page 5 for more details. Proprietary and [onFidenUa| ~ City ofBognWn Beach Proposal [orShaned-SUe Health [enIters 2 Page 917Of1147 F�M111111 IIIIIIIIIIII PULA"'nON PIROGIRAM 11111 Employees will be proactively identified by CareATC physician or therapist through an MSK screening and standardized triage process virtually or in -clinic and categorized as Low, Medium, or High -Risk for MSK spend and/or disability and triaged as indicated. 11111 Employees will be managed by primary care at regular return visits as part of the care continuum and management per MSK episode of care and will not be asked to submit copays for such follow up visits for increased compliance, access, and reduction of overall MSK spend. 11111 Clinical outcomes will be regularly monitored and reported related to number of visits, cost avoidance of specialty care, ED visits, radiology referrals, and opioid use. 11111 Monthly MSK in -services: - Town Halls - Provider Education - 5 minute work injury prevention exercises 11111 Virtual Therapy Services: 60% of therapy services may be delivered remotely - Expands geographic reach - Increases access to therapist and care coordination - Allows for greater visibility for home program compliance and tracking - Home and worksite ergonomic evaluations - Real-time tracking of progress and outcomes In -clinic therapy services are reserved for those patients at highest risk of spend or disability, acute injury, or post-operative care requiring: - manual therapy - modalities to expedite healing - a greater touchpoint in care 11111 All MSK services improve engagement and allow for efficient and cost-effective staffing. Coaching participants are identified by CareATC's PHA risk stratification, provider encounter assessment resulting in a referral, and claims data analysis. Risks include: Diabetes, Cardiovascular Disease, Obesity, and Hypertension. Length of enrollment is dependent upon progress and goals. Typically, participant begin in the Active Phase, with visits every 2-3 weeks. Once participants begin meeting their goals and build confidence (after —3-4 months), they move to the Maintenance Phase with visits every 2-3 months for about 6-9 months. Once they have shown a reduction in risk and are on a regimented nutrition program on their own, they graduate out of the Proprietary and Confidential ® City or Boynton Beach Proposal For Shared -Site Health Centers 3 Page 918 of 1147 The health coach ks responsible for managing chronic conditions in collaboration with primary care services to facilitate improved health outcomes. CareATC's health coaches are managed by our CareATC Manager of Health Education, who conducts chart reviews on a regular basis and reviews education curriculum. Nutrition education curriculum consists of handouts, webinars, cooking demos, recipes, monthly general group education, or longer term targeted group education programs (i.e. Diabetes Management, Healthy Weight Program, etc.). Another facet critical to engagement and population health outcomes and success is patient advocacy. The patient advocate is a dedicated Licensed Clinical Social Worker who helps patients navigate the challenging healthcare system. This person will work in tandem with the client to identify key vendors, resources, etc. to ensure members are maximizing current utilization within the company benefit offerings and community resources. Patient advocates are the most visible members of the clinical team, answering client questions, � Engagement � Patient Outreach � Benefit & Resource Navigation � Community Resources � Behavioral & Mental Health Support Patient advocates collaborate with physicians to systemically identify high-risk patients in need, serve as theirl patients' advocate and care navigator, proactively connect patients to high-quality and cost-effective resource and bridge communication gaps between resources. I Proprietary and Confidential ~ City ofBoUnWn Beach Proposal [orShaned-SUe Health [enIters 4 Page 9j9Of1147 'V/ ( %'T1 "..J) 11".. CA R E 0 PT 10 N S CareATC offers primary care services via virtual visits during normal business hours to supplement health center z«®° This solution is included in our pricing at no additional cost. Wait time for our virtual care solution is less than 30 minutes, unlike competitors, whose patients ©e waiting more than 4 hours. If they ©-w» e to get an appointment during their preferred time at a physical healt:..<..»2a can make appointments with 2 R*vwt«,#rz2r» « »« »amt»*-hgsiri2i via W*&P ® video. Durijig the vi,,;i<q11 jj ,ttjrp4 ill a full range of primary care - chronic condition ®« patient education, health prevention, disease prevention, etc. Virtual «©»<y«»><» will include referral «:2»» y« medications through whom, dispensing programs or ePrescNom. Business -hours access to Boynton Beach CareATC y ,/id Easy-to-use video platform Conveniently located within ©e CareATC mobile app and a" patient portal 0 `\ Medical record & patient portal : \ integration Easy setup and on -boarding and when the health centers »».l J» This service integrates with the CareATC EMR. Proprietary and Confidential - City of Boynton Beach Proposal for Shared-SiLe Health Centers Page 920 of 1147 Uf"I C LUJI, 11 01J Pi �1//, 11 HI I 'T �H solutions for employers of any size. lost workdays, increased productivity, and cost savings without compromising on quality care. Why Occupational Medicine? All 1194A 011 KI MR! orl�� Comprehensive Occupational Health Services Our occupational health specialists will work in partnership with you to bring significant cost -savings through providing onsite, work-related healthcare services, promoting employee safety and objectively managing employees' return -to -work. Health, Safety, and Well -Being (HSW) programs We're not just about addressing work-related accidents ® we're here to help prevent them. Our team considers your unique industry and can proactively trains employees how to be safe at work. CareATC's customized approach makes it easy to keep your employees safe and healthy on the job. Occupational Medical Services Confidently operate knowing that you have qualified clinicians to perform DOT physicals, drug screens, and other routine medical surveillance examinations. CareATC performs necessary medical surveillance testing and exams for employees, including new hire/pre-placement exams. Workers' Compensation Injury Triage Services CareATC will perform initial assessment of employee injuries and provide any first-aid care needed. Our providers will have a consultative discussion with the employee about the nature/cause of the injury/illness. Information specific to when, where and causation of injury will be captured and documented. Based on the patient assessment, the patient will be triaged for appropriate medical care. Proprietary and Confidential ® City or Boynton Beach Proposal For Shared -Site Health Centers 6 Page 921 of 1147 ����������= ���� ��/���q���.�=������ � � ���� � ��.���� � ������ �����`=����� ������������U�����U�U���� ������«��������o�nn��� � The total PEPNrate provided above hainclusive ofstaffing. � The cost oflabs, any dispensed medications, and drug screenings are variables that will bepassed through toBoynton Beach a1cost without mark-up. � Virtual Care services (Virtual Primary Care during normal business hours and Telehealth services for after hours) would bnatnoadditional charge. � Current engagement rate is 31 % of total eligible members. The targeted engagement rate would be 5O%+through increased access and expanded services. � At 50% engagement and the proposed pricing, that would represent a 25% reduction in cost per engaged member for healthcare services. Higher utilization would be even more beneficial. Occupational Health costs reductions would beadditive. � A cost increase may be addressed annually based on the Consumer Price Index for medical care. � CareATCwi|| add new shared -site hos|1h center locations in Southeast Florida with no minimum commitment from Boynton Beach. Proprietary arid Confidential - City of Boynton Beach Proposal for Shared-Silte Health CpnLers Page 922 of 1147 AF0III ENDIX CAREATC HEALTI-1 CENTER DE&GN Our Facilities team follows evidence -based clinical design principles to provide optimal patient experience, which is tied to an improvement in their perception of care and higher clinical outcomes. We know from evidence -based design research that color, light, access to nature, and control over one's environment improves clinical outcomes and promotes a sense of wellbeing. CareATC is the nation's first provider of on-site health centers to be awarded the Evidence -Based Design Certification. CareATC will follow your direction regarding facility construction and buildout. If buildout of any type is needed, our Facilities team is experienced and capable of managing the health center building from design to ongoing maintenance. This includes location identification, space and CAD drawings based on evidence -based clinical design practices, and buildout management. This team maintains the health center and performs any necessary repairs. Below are examples of how we consider evidence -based clinical design in the different facets of our health center planning and design. Supply storage is decentralized so that staff can be more efficient and spend more time with patient and reduce stress Corner sinks are positioned in the line -of - sight and are spot lit to send a subliminal message to wash hands. vuzil Lobby is particularly designed to create a warm, inviting atmosphere that encourages less stress M All exam rooms are setup as 'same -handed' rooms to reduce errors & stress. Providers' offices and staffs' workstations are located to provide privacy and reduce distractions Exam room walls are built to the deck to help manage sound and provide privacy for patients Carpet is installed throughout all non - plumbed areas to help reduce fatigue for staff. Proprietary and Confidential ® City or Boynton Beach Proposal For Shared -Site Health Centers 8 Page 923 of 1147 l�� I liplillipilill Page 924 of 1147 Proprietary and Confidential ® City of Boynton Beach Proposal for Shared-Site Health Centers 10 Page 925 of 1147 Exam & Procedure Rooms Proprietary and Confidential ® City of Boynton Beach Proposal for Shared -Site Health Centers 11 Page 926 of 1147 Other Spaces Proprietary and Confidential ® City of Boynton Beach Proposal for Shared-Site Health Centers 12 Page 927 of 1147 BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("Business Associate Agreement"), retroactively effective February 15, 2017 ("Effective Date"), is entered into by and between CareATC, Inc., an Oklahoma corporation ("Business Associate"), and City of Boynton Beach, Florida ("Covered Entity"). Business Associate and Covered Entity maybe referred to individually as the "Party" and together as the "Parties." Business Associate and Covered Entity are parties to one or more service agreements ("Agreements"), under which Business Associate provides services and products to Covered Entity as an independent contractor that requires Business Associate to use or disclose protected health information ("PHI"). The Parties are committed to complying with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH"), and the regulations promulgated pursuant to HIPAA and HITECH, including without limitation the Privacy Rule, Security Rule and Breach Notification Rule, as codified at 45 C.F.R. Parts 160, 162 and 164 ("Regulations"). HIPAA, HITECH and the Regulations are collectively referred to herein as the "HIPAA Laws". This Business Associate Agreement sets forth the terms and conditions pursuant to which PHI that is provided by, or created, received, maintained, or transmitted by, the Business Associate from or on behalf of the Covered Entity will be handled between the Business Associate and the Covered Entity and with third parties during the term of the Parties' existing and future Agreements and after the termination of any of the Agreements. In consideration of their mutual promises set forth below, the Parties agree as follows: 1. PERMITTED USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION 1.1 Services. Pursuant to the Agreements, Business Associate provides services and/or products ("Services") for the Covered Entity that involve the use or disclosure of PHI. Business Associate may only use and disclose PHI as necessary to perform its obligations under the Agreements and, further, may only use and disclose PHI as permitted or required by this Business Associate Agreement or by law. All other uses and disclosures not authorized by this Business Associate Agreement are prohibited. Moreover, Business Associate may disclose PHI for the purposes authorized by this Business Associate Agreement only: (i) to its directors, officers, employees, subcontractors and agents in accordance with Section 2.1.4 (ii) as requested by the Covered Entity pursuant to Section 3 below; or (iii) as otherwise permitted by the terms of this Business Associate Agreement, including, without limitation, Section 1.2.2 below. 1.2 Business Activities of the Business Associate. Unless otherwise limited herein, the Business Associate may: 1.2.1. Use the PHI for the proper management and administration of Business Associate and to carry out its legal responsibilities, provided that such uses are permitted under state and federal confidentiality laws. 1.2.2 Disclose the PHI to third parties for the proper management and administration of Business Associate and to carry out its legal responsibilities, if the Business Associate represents to the Covered Entity, in writing, that: (i) the disclosures are Required by Law; or (ii) the Business Associate has received from the third party, in writing, reasonable assurances that the PHI will be held confidentially and used or further disclosed only as Required by Law for the purposes for which it was disclosed to the third party, and the third party notifies Page 1 Page 928 of 1147 Business Associate of any instances of which it is aware in which the confidentiality of the PHI has been breached. 1.3 De -identified PHI. Business Associate is not authorized to create de -identified information from PHI. 1.4 Data Aggregation Services. Except as otherwise limited in this Business Associate Agreement, Business Associate may use PHI to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. 164.504(e)(2)(i)(B) 1.5 Minimum Necessary. Business Associate agrees to make all uses and disclosures of and requests for PHI subject to the minimum necessary requirements of the Privacy Rule, Subpart E of 45 C.F.R. Part 164 ("Privacy Rule") and consistent with Covered Entity's minimum necessary policies and procedures. 2. RESPONSIBILITIES OF THE PARTIES WITH RESPECT TO PROTECTED HEALTH INFORMATION 2.1 Responsibilities of the Business Associate. With regard to its use or disclosure of PHI, the Business Associate hereby agrees to do the following: 2.1.1 Use or disclose the PHI only if such use or disclosure is in compliance with 45 C.F.R. § 164.504(e), as applicable, and is permitted or required by this Business Associate Agreement or as Required by Law. 2.1.2 Notify the Covered Entity's Privacy Officer in writing within 3 business days of the Business Associate's discovery of any use or disclosure of PHI that is not permitted or required by this Business Associate Agreement, and notify the Covered Entity's Privacy Officer in writing within 3 business days of the Business Associate's discovery of any Breach as required by 45 C.F.R. § 164.410, as updated, amended or revised from time to time. 2.1.3 Use appropriate safeguards to prevent the use or disclosure of PHI other than as provided by or permitted under this Business Associate Agreement. 2.1.4 Require all of its directors, officers, employees, subcontractors, and agents that create, receive, maintain, transmit, use or disclose, or have access to, PHI under this Business Associate Agreement to agree, in writing, to adhere to the same requirements, restrictions and conditions on the use or disclosure of PHI that apply to the Business Associate under this Business Associate Agreement and to not take any action that would violate the HIPAA Laws if done by the Covered Entity. 2.1.5 Make available to the Secretary of the United States Department of Health and Human Services ("Secretary") all records, books, agreements, policies and procedures, and practices relating to the use or disclosure of PHI to and upon the request of the Secretary for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. 2.1.6 Notify Covered Entity of any request: (i) by the Secretary or the Secretary's designee to examine Business Associate's internal practices, books, records, policies and procedures, or Page 2 Page 929 of 1147 PHI; or (ii) for information in response to a HIPAA complaint. Business Associate also agrees to provide the Covered Entity with the results and disposition of the request. 2.1.7 Upon prior written request, make available to the Covered Entity during normal business hours at Business Associate's offices all records, books, agreements, policies and procedures relating to the use or disclosure of PHI for purposes of determining the Business Associate's compliance with the terms of this Business Associate Agreement. This information shall be provided within 3 business days of Covered Entity's written request. 2.1.8 Maintain and, within 10 business days of receiving a written request from the Covered Entity, provide such information as is requested by the Covered Entity to permit the Covered Entity to respond to a request by an individual for an accounting of the disclosures of the individual's PHI as required by 45 C.F.R. § 164.528. Business Associate shall document all uses and disclosures of PHI and information as would be required to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528, including, at a minimum, the following information regarding the disclosure: (i) the date of disclosure; (ii) the name of the entity or person who received the PHI, and the address of such entity or person; (iii) a brief description of the PHI disclosed; (iv) a brief statement regarding the purpose and an explanation of the basis of such disclosure; and (v) the names of the individuals whose PHI was disclosed. 2.1.9 Subject to Section 5.5, return to the Covered Entity or destroy, within 30 days of the termination of this Business Associate Agreement, the PHI in its possession and retain no copies (which for purposes of this Business Associate Agreement shall include destroying all backup tapes, computer files and photocopier hard drives that contain the PHI). 2.1.1 OLimit, to the extent practicable, the PHI requested, used or disclosed by Business Associate to a limited data set or to the minimum necessary to accomplish the intended purpose of the request, use or disclosure. 2. 1.11 Mitigate, to the extent practicable, any harmful effect or possible harmful effect that is known to Business Associate or Covered Entity of a Security Incident, Breach, use or disclosure of PHI in violation of this Business Associate Agreement or the HIPAA Laws. 2.1.12If electronic PHI ("ePHI") is involved, the Business Associate also agrees to the following: 2.1.12.1 To implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of ePHI that the Business Associate receives, maintains or transmits on behalf of the Covered Entity. 2.1.12.2 Ensure that any agent to whom it provides ePHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the ePHI. 2.1.12.3 Report to the Covered Entity any Security Incident within 3 business days of becoming aware of the incident. Page 3 Page 930 of 1147 2.1.13 Comply with the privacy, security and breach notification requirements of the HIPAA Laws, as and when required by 42 U.S.C. §§ 17931 and 17934. 2.1.14 In the event Business Associate receives a subpoena, court or administrative order or other discovery request or mandate for release of PHI, notify Covered Entity of the request as soon as practicable, but in any event within 5 days of receipt of such request. Business Associate shall consult with Covered Entity prior to responding to any such subpoena, court or administrative order, or other discovery request or mandate for release of PHI. 2.1.15 Promptly reimburse Covered Entity for all reasonable costs or expenses incurred by Covered Entity with respect to providing notification and/or mitigation of a Breach involving Business Associate, including, but not limited to, printing, postage, and toll-free hotline costs. 2.1.16 To the extent Business Associate is to carry out the Covered Entity's obligations under the Privacy Rule, Business Associate shall comply with the Privacy Rule's requirements that apply to the Covered Entity in the performance of such obligation; and in addition to, but not lieu thereof, Business Associate shall at all times comply with the notice of privacy practices ("Notice") and HIPAA policies and procedures of Covered Entity, as may be amended from time to time. 2.2 Responsibilities of the Covered Entity. With regard to the use or disclosure of PHI by the Business Associate, the Covered Entity hereby agrees: 2.2.1 To post its Notice that the Covered Entity provides to individuals on its website. 2.2.2 To inform the Business Associate of any changes in, or withdrawal or revocation of, the consent or authorization provided to the Covered Entity by individuals with respect to the use or disclosure of the individual's PHI. 2.2.3 To notify the Business Associate, in writing and in a timely manner, of any restrictions to the use or disclosure of PHI agreed to by the Covered Entity in accordance with 45 C.F.R. Section 164.522, to the extent such restriction may impact the use or disclosure of PHI by the Business Associate. 3. ADDITIONAL RESPONSIBILITIES OF THE PARTIES WITH RESPECT TO HANDLING DESIGNATED RECORD SETS Responsibilities of the Business Associate with Respect to Handling Designated Record Sets. The Business Associate agrees to do the following: 3.1 Within 5 days of receipt of a request by Covered Entity for access to PHI about an individual contained in a Designated Record Set, Business Associate shall make available to Covered Entity such PHI for so long as such information is maintained by Business Associate in the Designated Record Set, as required by 45 C.F.R. § 164.524. In the event any individual delivers directly to Business Associate a request for access to PHI, Business Associate shall within 2 days forward such request to Covered Entity for Covered Entity to fulfill. Page 4 Page 931 of 1147 3.2 Within 5 days of receipt of a request from Covered Entity for the amendment of an individual's PHI or a record regarding an individual contained in a Designated Record Set (for so long as the PHI is maintained in the Designated Record Set), Business Associate shall provide such information to Covered Entity for amendment and incorporate any such amendments in the PHI as required by 45 C.F.R. § 164.526. In the event any individual delivers directly to Business Associate a request for amendment to PHI, Business Associate shall within 2 days forward such request to Covered Entity for Covered Entity to fulfill. 4. REPRESENTATIONS AND WARRANTIES 4.1 Mutual Representations and Warranties of the Parties. Each Party represents and warrants to the other Party: 4. 1.1 That all personnel in its workforce, and any agents or subcontractors, whose services may be used to fulfill obligations under this Business Associate Agreement, are or shall be appropriately informed of the terms of this Business Associate Agreement and shall comply with all provisions of this Business Associate Agreement. 4.1.2 That it will reasonably cooperate, inform and communicate with the other Party in the performance of their mutual obligations under this Business Associate Agreement. 4. L3 Under no circumstances shall Business Associate be deemed in any respect to be the owner of any PHI created or received by Business Associate on behalf of Covered Entity. 5. TERMS AND TERMINATION 5.1 Term. This Business Associate Agreement shall become effective on the Effective Date and shall continue in effect until all obligations of the Parties have been met, unless terminated as provided in this Section 5. In addition, certain provisions and requirements of this Business Associate Agreement shall survive its expiration or other termination in accordance with Section 7.3 herein. 5.2 Termination by the Covered Entity. The Covered Entity may immediately terminate this Business Associate Agreement and any related agreements if the Covered Entity makes the determination that the Business Associate has breached a material term of this Business Associate Agreement. Alternatively, the Covered Entity may choose to: (i) provide the Business Associate with 30 days written notice of the existence of an alleged material breach; and (ii) afford the Business Associate an opportunity to cure the alleged material breach upon mutually agreeable terms. In the event that mutually agreeable terms cannot be reached within 30 days, Business Associate must cure the breach to the satisfaction of the Covered Entity within 15 days. Failure to cure in the manner set forth in this Section is grounds for the immediate termination of this Business Associate Agreement. If termination of the Business Associate Agreement is not feasible, the Covered Entity will report the breach to the Secretary. 5.3 Termination by Business Associate. if the Business Associate makes the determination that a material condition of performance has changed under the Agreements or this Business Associate Agreement, or that the Covered Entity has breached a material term of this Business Associate Agreement, Business Associate may provide Covered Entity with 30 days written notice of its intention to terminate this Business Associate Agreement. Business Associate agrees, however, to cooperate with Covered Entity to find a mutually satisfactory resolution to the matter prior to Page 5 Page 932 of 1147 termination, and further agrees that, notwithstanding this provision, it shall not terminate this Business Associate Agreement so long as the Agreements are in effect. 5.4 Automatic Termination. This Business Associate Agreement will automatically terminate without any further action of the Parties upon the termination or expiration of the Agreements. 5.5 Effect of Termination. Upon termination pursuant to this Section 5, Business Associate agrees to return or destroy all PHI if it is feasible to do so. Prior to doing so, the Business Associate further agrees to recover any PHI in the possession of its subcontractors or agents. If it is not feasible for the Business Associate to return or destroy the PHI, the Business Associate will notify the Covered Entity in writing of such infeasibility. The notification shall include: (i) a statement that the Business Associate has determined that it is not feasible to return or destroy the PHI in its possession; and (ii) the specific reasons for that determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Business Associate Agreement to the Business Associate's use or disclosure of any PHI retained after the termination of this Business Associate Agreement, and to limit any further uses or disclosures to the purposes that make the return or destruction of the PHI not feasible. If it is not feasible for the Business Associate to obtain from a subcontractor or agent any PHI in the possession of the subcontractor or agent, the Business Associate must provide a written explanation to the Covered Entity and require the subcontractors and agents to agree to extend any and all protections, limitations and restrictions contained in this Business Associate Agreement to the subcontractors' or agents' use or disclosure of any PHI retained after the termination of this Business Associate Agreement, and to limit any further uses or disclosures to the purposes that make the return or destruction of the PHI not feasible. 6. INDEMNIFICATION 6.1 Indemnification. Each Party (each an "Indemnifying Party") agrees to indemnify, defend and hold harmless the other Parties and their respective employees, directors, officers, subcontractors, agents or other members of its workforce (each an "Indemnified Party"), from and against all claims, causes of actions, liabilities, damages, penalties, fines, costs or expenses (including reasonable attorney fees and court costs) (collectively, "Liabilities") brought against or incurred by the Indemnified Party on account of the Indemnifying Party's: (i) breach of this Business Associate Agreement, violation of the HIPAA Laws, or breach relating to use, disclosure, or safeguarding of PHI; or (ii) negligence or wrongful acts or omissions, including failure to perform its obligations under the HIPAA Laws. On demand by the Indemnified Party, the Indemnifying Party shall advance or reimburse, as appropriate, the Indemnified Party for all Liabilities that are subject to the indemnification obligation provided by this Section. The Indemnifying Party's obligation to indenmify the Indemnified Party shall survive the expiration or termination of this Business Associate Agreement for any reason. 6.2 Exclusion from Limitation of Liability. To the extent that Business Associate has limited its liability under the terms of the Agreement, whether with a maximum recovery for direct damages or a disclaimer against any consequential, indirect or punitive damages, or other such limitations, all limitations shall exclude any damages to Covered Entity arising from Business Associate's breach of its obligations under this Business Associate Agreement, the HIPAA Rules, or relating to its use, disclosure or safeguarding of PHI. Page 6 Page 933 of 1147 6.3 No Waiver of Sovereign Immunity. Nothing contained herein is intended to serve as a waiver of sovereign immunity by any agency or political subdivision to which sovereign immunity may be applicable or as a waiver of limits to liability or rights existing under Section 768.28, Florida Statutes. Specifically, the Indemnification by the Covered Entity under subsection 6.1 shall be limited to the limits under Section 768.28, Florida Statutes. 7. MISCELLANEOUS 7.1 Covered Entity. For purposes of this Business Associate Agreement, Covered Entity means the named Covered Entity herein, subcontractors, and agents. 7.2 Business Associate. For purposes of this Business Associate Agreement, Business Associate shall include the named Business Associate herein, subcontractors, and agents. However, in the event that the Business Associate is acting as a covered entity under the HIPAA Laws, Business Associate may appropriately designate a health care component as the Business Associate for purposes of this Business Associate Agreement. 7.3 Survival. The respective rights and obligations of Business Associate and Covered Entity under the provisions of Section 2. 1, solely with respect to PHI Business Associate retains in accordance with Section 5.5 because it is not feasible to return or destroy such PHI, and Sections 5.5, 7.5, 7.8, and 7.9 shall survive termination of this Business Associate Agreement indefinitely. In addition, Section 3 shall survive termination of this Business Associate Agreement, provided that the Covered Entity determines that the PHI being retained pursuant to Section 5.5 herein constitutes a Designated Record Set. 7.4 Amendments. The Parties acknowledge that this Business Associate Agreement sets forth the full and complete contractual obligations between the Parties and shall only be modified by amendment thereto. It is understood by the Parties that federal and state laws regarding health information and data privacy and security are undergoing rapid change and agree to amend this Business Associate Agreement as necessary or appropriate to enable Covered Entity and Business Associate to comply with all legal requirements. In the event an amendment to this Business Associate Agreement cannot be agreed upon by the Parties, the Parties agree to resolve the dispute pursuant to Section 7.8. 7.5 No Third -Party Beneficiaries. Nothing express or implied in this Business Associate Agreement is intended to confer, nor shall anything herein confer, upon any person other than the Parties and the respective successors or assigns of the Parties, any rights, remedies, obligations or liabilities whatsoever. 7.6 Notices. Any notices to be given hereunder to a Party shall be made via U.S. Mail or express courier to the Parry's address given below: If to Business Associate, to: CareATC, Inc. 4500 South 129x'' East Avenue, Suite 191 Tulsa, Oklahoma 74134 Attn: Ryan Bailey legal Supp ortLeareatc._com Page 7 Page 934 of 1147 If to Covered Entity, to: Finance/Procurement Services City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Each Party named above may change its address and that of its representative for notice by giving notice of the change to the other Parties in the manner provided in this Section. 7.7 Counterparts; Facsimiles. This Business Associate Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Facsimile copies of this document shall be deemed to be originals. 7.8 Disputes. If any controversy, dispute or claim arises between the Parties with respect to this Business Associate Agreement, the Parties shall make good faith efforts to resolve such matters informally. If the matter cannot be resolved, the Parties may agree in writing to submit the dispute to mediation or arbitration. If a lawsuit arises out of this Business Associate Agreement, jurisdiction and venue shall lie exclusively in the United States District Court for the Middle District of Florida. If any litigation or arbitration is necessary to enforce the terms of this Business Associate Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 7.9 Compliance with State Law. Notwithstanding anything to the contrary in this Business Associate Agreement, if any provision of the laws of the State of Florida applicable to Business Associate ("State Laws"), because of Business Associate's relationship with Covered Entity, is contrary to and more stringent than an applicable requirement of the HIPAA Laws, this Business Associate Agreement shall be construed to permit Business Associate to comply with the more stringent provisions of State Law to the extent that Business Associate is required to comply and the provision is not preempted by the HIPAA Laws. 7.10 Governing Law. The laws of the State of Florida shall govern the interpretation of this Business Associate Agreement and shall apply in any lawsuit or other dispute arising out of this Business Associate Agreement, without regard to conflict of law provisions. Any ambiguity in this Business Associate Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. The provisions of this Business Associate Agreement shall prevail over the provisions of any other agreement that exists between the parties that may conflict with, or appear inconsistent with, any provision of this Business Associate Agreement or the HIPAA Rules. 7.11 Independent Contractor Status. For the purposes of this Business Associate Agreement, Business Associate is an independent contractor of Covered Entity, and shall not be considered an agent of Covered Entity. 7.12 Florida Information Protection Act. Business Associate agrees and understands that to the extent that the services and/or goods provided under the BA Agreement consist, at least in part, of "customer records" that contain "personal information," as defined in the Florida Information Protection Act, Section 501.171, Florida Statutes (the "Act"). Accordingly, as required by the Act, Business Associate agrees to implement safeguards to protect customer records containing personal information, in whatever form retained and stored, from a breach of security. The procedures specified herein shall not supersede any requirements specified by the Act. The provisions of the Page 8 Page 935 of 1147 Act, as may be amended from time to time, shall prevail in the event of any conflict. If customer records in Business Associate's possession are breached in the manner set forth in the Act, Business Associate shall immediately notify Covered Entity as indicated herein, and Business Associate shall work with Covered Entity as required by the Act to assist in any of the following actions: (a) Investigate the alleged breach and determine if an actual breach has occurred, which may include the use of law enforcement officials as needed and as determined by Covered Entity; (b) Provide notice to any and all consumers whose personal information has been breached; (c) Provide any and all other notices to governmental agencies that may be applicable under the Act, if a breach has reached a particular threshold, as defined in the Act, which may include but is not limited to: credit reporting agencies and the Florida Department of Legal Affairs; (d) Ensure that Business Associate's third -party agents are made aware of the Act and any requirements to comply with the Act and require that those third -party agents that store customer records of Covered Entity who experience a breach notify Covered Entity immediately, and work with Business Associate and Covered Entity as outlined in this section of the Addendum. 8. DEFINITIONS. Terms used but not otherwise defined in this Business Associate Agreement shall have the meanings given to them under the HIPAA Laws. To the extent a term is defined in both this Business Associate Agreement and the HIPAA Laws, the definition given such term under the HIPAA Laws shall govern. 8.1 Designated Record Set. "Designated Record Set" is defined at 45 C.F.R. § 164.501 (as updated, amended or revised from time to time). 8.2 Privacy Officer. "Privacy Officer" means the privacy official designated by the Covered Entity pursuant to and described by 45 C.F.R. § 164.530(a)(1) (as updated, amended or revised from time to time). 8.3 Protected Health Information (PHI). "Protected Health Information" or "PHI" is defined at 45 C.F.R. § 160.103 (as updated, amended or revised from time to time). 8.4 Required by Law. "Required by Law" is defined at 45 C.F.R. § 164.103 (as updated, amended or revised from time to time). 8.5 Electronic Protected Health Information (ePHI). "Electronic Protected Health Information" or "ePHI" is defined at 45 C.F.R § 160.103 (as updated, amended or revised from time to time). 8.6 Security Incident — "Security Incident" is defined at 45 C.F.R § 164.304 (as updated, amended or revised from time to time). 8.7 Breach. "Breach" is defined at 45 C.F.R. § 164.402 (as updated, amended or revised from time to time). Page 9 Page 936 of 1147 IN WITNESS WHEREOF, each of the undersigned has caused this Business Associate Agreement to be duly executed in its name and on its behalf as of the Effective Date. BUSINESS ASSOCIATE CAREATC, INC. By: Name: Ryan Bailey Title: Director of Legal and Corporate Development Date: COBB.BAAv4.THR Page 10 COVERED ENTITY CITY OF BOYNTON BEACH By: Name: Title: Date: Attest/Authenticated: City Clerk Approved as to Form: Office of the City Attorney Page 937 of 1147 7.D. Requested Action by Commission: Approve donation of $21,300 from the State and Justice Forfeiture Funds to the following non-profit agencies: Connect to Greatness, Inc. ($3,800) Seven Hillz Production Foundation ($1,000) GDBC Entrepreneurship Institute ($3,000) Scholar Career Coaching ($2,000) Boynton Beach Little League ($2,000) The Bill Tome Foundation for Kids & Families ($7,500) National Coalition of 100 Black Women South PBCC, Inc. ($2,000) 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. These donations fulfill both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. The Statute states: 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 the 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? The donations will have a positive impact in helping the respective organizations achieve their goals of enriching the lives of disadvantage adolescents in our community. The Boynton Beach Police Department remains committed to building public trust and partnerships in the community. These organizations have been true leaders within the community and will always be viewed as an asset to the Boynton Beach Police Department. Fiscal Impact: The donations should be drawn from 2 of the department's Law Enforcement Trust Fund accounts: 1) Account 691-5000-590-04-25 in the amount of $18,200. The current account balance is: $258,991.29. Page 938 of 1147 2) Account 691-5000-590-04-22 in the amount of $3,100. The current account balance is: $50,862.44. Alternatives: Not Approving. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 939 of 1147 7.E. Requested Action by Commission: Proposed Resolution No. R22-143- Approve the renewal of property, casualty, and workers' compensation insurance coverage through Florida Municipal Trust (FMIT) and authorize the City Manager to sign all required documents for the term of the policy: October 1, 2022 through September 30, 2023. (Postponed at the October 4, 2022 City Commission Meeting.) Explanation of Request: The Gehring Group, the City's risk insurance broker, negotiated a renewal with a net 2.3% increase across all lines of coverage for a total cost of $1,113,672. How will this affect city programs or services? Excess insurance protects the City's financial interests for claims exceeding the City's self-insured retention (SIR) limits. Fiscal Impact: The total cost of $1,113,672 will be allocated among the following self-insurance fund budget line items: 522-1710-45-04 - Liability Insurance Package ($308,878) 522-1710-45-05 - Property Insurance Package ($645,449) 522-1710-45-09 - Workers' Compensation Excess Insurance ($99,345) 522-1710-49-17 - Other Contractual Services ($60,000) Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 940 of 1147 Ty pe Resolution Description FResolk.1tion appirom ing ofF:Iirqpc.,.,irily, Casualty aind Workem-9 Coirnpeinsation IIinsuiraince FRisk IIinsuiraince, Covemrag(,, and 1FRate Summary Page 941 of 1147 1 RESOLUTION NO. R22-143 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 APPROVING THE RENEWAL OF PROPERTY, CASUALTY, AND 5 WORKERS' COMPENSATION INSURANCE COVERAGE WITH FLORIDA 6 MUNICIPAL INSURANCE TRUST (FMIT) AND AUTHORIZE CITY 7 MANAGER TO SIGN ALL REQUIRED DOCUMENTS FOR THE TERM OF 8 THE POLICY: OCTOBER 1, 2022 - SEPTEMBER 30, 2023; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The Gehring Group, the City's Risk Consultant, has The Gehring Group, the 12 City's risk broker, negotiated a renewal with a net 2.3% increase across all lines of coverage for 13 a total cost of $1,113,672.00; and 14 WHEREAS, staff recommends and the City Commission does hereby approve the 15 renewal of Property, Casualty and Workers Compensation insurance coverage with FMIT for an 16 annual amount of $1,113,672.00 for the period of October 1, 2022 to September 30, 2023. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA AS FOLLOWS: 19 Section 1. Each Whereas clause set forth above is true and correct and 20 21 22 23 24 25 incorporated herein by this reference. Section 2. The City Commission hereby approves the renewal of the Property, Casualty and Workers Compensation insurance coverage with FMIT for an annual amount of $1,113,672.00 and authorizes the City Manager to sign the required documents for the policy term October 1, 2022 to September 30, 2023. S:ACA\RESO\Property And Casualty General Liability Insurance Renewal (2022-23) - Reso.Docx Page 942 of 1147 26 Section 3. This Resolution shall become effective immediately upon passage. 27 28 PASSED AND ADOPTED this 4th day of October, 2022. 29 CITY OF BOYNTON BEACH, FLORIDA 30 31 YES NO 32 33 Mayor — Ty Penserga 34 35 Vice Mayor —Angela Cruz 36 37 Commissioner — Woodrow L. Hay 38 39 Commissioner — Thomas Turkin 40 41 Commissioner —Aimee Kelley 42 43 VOTE 44 45 46 47 ATTEST: 48 49 50 Maylee De Jesus, MPA, MMC Ty Penserga 51 City Clerk Mayor 52 53 APPROVED AS TO FORM: 54 (Corporate Seal) 55 56 57 Michael D. Cirullo, Jr. 58 City Attorney S:ACA\RESO\Property And Casualty General Liability Insurance Renewal (2022-23) - Reso.Docx Page 943 of 1147 0 LS a O m W d C M N O N N N O N m i i i i i QI m J J J m O QO 't 0 N O N th V a) a7 '@ N N -* o w w w o 00 W fl_ fl_ fl_ fl_ fl_ Ln 0 0 0 0 o Lr LnJ J J O m W Q1 41 �°f O Cab ay w O O O m m Q m un a�S r tl N -a _0 _0 _0 _0 v v v v v v l� U C U C U C U C U C V)� U C U C U C th yn, i/T. 1/} Li. 'PN4 IA- ? 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Requested Action by Commission: Proposed Resolution No. R22-151- Approve Award of Bid No. UTL22-036 for "Lakeside Gardens Utility Stormwater and Water Improvements — Phase I I (Grant Funded)" project and authorize the City Manager to sign an Agreement and issue a Purchase Order to the lowest responsive and responsible bidder, B&B Underground Construction Inc. of West Palm Beach, Florida, in the amount of $2,645,441.75 plus a 10% contingency of $264,544.18 if needed, for staff approval of change orders for unforeseen conditions, for a total expenditure of $2,909,985.93 and approve the Utilities Capital Improvement Plan (CI P) roll over of 2,178,478.00 and budget transfer of $731,507.93 for the project. Explanation of Request: On July 21, 2022, Purchasing Services issued a Bid for "Lakeside Gardens Utility Stormwater and Water Improvements — Phase I I (Grant Funded)" project with a mandatory pre-bid and site visit meeting held on August 4, 2022 in order to review the project with interested and qualified contractors. The purpose of the bid was to obtain the services of a licensed, qualified contractor to construct approximately 1,600 linear feet (LF) of drainage pipe, 25 drainage structures, a gravity outfall, an outfall built for emergency pumping, in addition to 1,130 LF of water main replacement. Ancillary items associated with the construction of the stormwater management system include but are not limited to sanitary and water service line adjustments, driveway replacements, curbing, roadway widening and restoration, and erosion control measures. The Project will be constructed entirely on City Right -of -Way (ROW) and easements dedicated to the City. On August 23, 2022, the City received and electronically opened a total of three (3) submittals to this Bid. The submittals were reviewed by procurement, after reviewing the bid and references submitted by B&B Underground Construction Inc. City Staff, the design engineer, Baxter & Woodman, and Purchasing Services recommend this project be awarded to B&B Underground Construction Inc. as the lowest, responsive, responsible bidder. VENDOR(S) NAME BID TOTAL Bid Proposal #1 B & B Underground Construction, Inc. $2,645,441.75 Bid Proposal #2 David Mancini & Sons $3,010,053.00 Bid Proposal #3 CK Contractors & Development $4,532,929.00 How will this affect city programs or services? The project encompasses an area of 10.33 acres located within a special flood hazard area (SFHA) that has been inundated with flooding for many years and as such has been designated as a repetitive loss area. This project will mitigate future flood risk for over 20 properties within the Lakeside Gardens community and replace aging water and sanitary sewer infrastructure along with providing flood protection upgrades in the neighborhood. Fiscal Impact: Funding is available from the Utilities Cl P budget and annual Prior Fiscal Year Cl P rollover by Finance. In addition, Commission is being requested to approve the following budget transfers in the total amount of $731,507.93: Page 945 of 1147 1. Storm 403-5000-538-65.09 UC 1802 $121,624.87 from UC 2102 2. Water 403-5000-538-65.02 UC 1802 $211,418.53 from W T 2102 3. Sanitary 403-5000-538-65.04 UC1802 $398,464.57 from SW 2001 The City obtained a Hazard Mitigation Grant Program (HMGP) grant from the Federal Emergency Management Agency (FEMA) for the construction of the drainage improvements portion of the project in the amount of $766,750, in addition to $34,002 for management cost, for a total of $800,752 for construction. Alternatives: Not award the construction contract at this time. Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: Implementing this project will alleviate flooding in the Lakeside Garden area and also replace aging water, sewer and stormwater infrastructure, allowing utilities to provide a high level of service to residents. Climate Action Application: Is this a grant? Yes Grant Amount: $800,752 for construction Contracts Vendor Name: B & B Underground Construction, Inc. Start Date: End Date: Contract Value: $2,645,441.75 Minority Owned Contractor?: Extension Available?: Extension Explanation: Attachments: Page 946 of 1147 Ty pe Resolution D Bid D Aftachiment D Afta(,.A,v-nent D Aftadhiment D I ocation Map Description FResolk.Alon appirmAing tl-ne Award and Cointract of tIhe I akeside Gairderis Utility II irnpiroveirneint IPuoject to IB&B Ulindeirgiround Coinstiructioin Cointract City of Boyink.-)in IBeach & �B & IB Underground CoinstrucItion, Ilinc. B&B L.Jinde1rgll'MAllld Construction Bid F:1iroposal Bid Tabulaboir� Bid Cllornplkance� �B&WI e fte.; ir I akside Gairdei ns Map Page 947 of 1147 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 RESOLUTION NO. R22-151 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AWARD OF BID NO. UTL22-036 FOR "LAKESIDE GARDENS UTILITY STORMWATER AND WATER IMPROVEMENTS — PHASE II (GRANT FUNDED)" PROJECT AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT AND ISSUE A PURCHASE ORDER TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, B&B UNDERGROUND CONSTRUCTION INC. OF WEST PALM BEACH, FLORIDA, IN THE AMOUNT OF $2,645,441.75 PLUS A 10% CONTINGENCY OF $264,544.18 IF NEEDED, FOR STAFF APPROVAL OF CHANGE ORDERS FOR UNFORESEEN CONDITIONS, FOR A TOTAL EXPENDITURE OF $2,909,985.93 AND APPROVE THE UTILITIES CAPITAL IMPROVEMENT PLAN (CIP) ROLL OVER OF 2,178,478.00 AND BUDGET TRANSFER OF $731,507.93 FOR THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 21, 2022, Purchasing Services issued a Bid for "Lakeside Gardens Utility Stormwater and Water Improvements — Phase II (Grant Funded)" project with a mandatory pre-bid and site visit meeting held on August 4, 2022 in order to review the project with interested and qualified contractors; and WHEREAS, The purpose of the bid was to obtain the services of a licensed, qualified contractor to construct approximately 1,600 linear feet (LF) of drainage pipe, 25 drainage structures, a gravity outfall, an outfall built for emergency pumping, in addition to 1,130 LF of water main replacement including ancillary items associated with the construction of the stormwater management system sanitary and water service line adjustments, driveway replacements, curbing, roadway widening and restoration, and erosion control measures; and WHEREAS, on August 23, 2022, the City received and electronically opened a total of three (3) submittals to this Bid which were reviewed by procurement; and WHEREAS, after reviewing the bid and references submitted by B&B Underground Construction Inc., City Staff, the design engineer, Baxter & Woodman, and Purchasing Services recommend this project be awarded to B&B Underground Construction Inc. as the lowest, responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to S:ACA\RESO\Agreements\Award Bid and Contract for Lakeside Gardens Utility Improvements Phase II (B&B Underground) - Reso.docx -1- Page 948 of 1147 36 approve award of Bid No. UTL22-036 for "Lakeside Gardens Utility Stormwater and Water 37 Improvements — Phase II (Grant Funded)" project and authorize the City Manager to sign an 38 Agreement and issue a Purchase Order to the lowest responsive and responsible bidder, B&B 39 Underground Construction Inc. of West Palm Beach, Florida, in the amount of $2,645,441.75 40 plus a 10% contingency of $264,544.18 if needed, for staff approval of change orders for 41 unforeseen conditions, for a total expenditure of $2,909,985.93 and approve the Utilities 42 Capital Improvement Plan (CIP) roll over of 2,178,478.00 and budget transfer of $731,507.93 43 for the project. 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 45 OF BOYNTON BEACH, FLORIDA, THAT: 46 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 47 as being true and correct and are hereby made a specific part of this Resolution upon 48 adoption. 49 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 50 approves award of Bid No. UTL22-036 for "Lakeside Gardens Utility Stormwater and Water 51 Improvements — Phase II (Grant Funded)" project and authorize the City Manager to sign an 52 Agreement and issue a Purchase Order to the lowest responsive and responsible bidder, B&B 53 Underground Construction Inc. of West Palm Beach, Florida, in the amount of $2,645,441.75 54 plus a 10% contingency of $264,544.18 if needed, for staff approval of change orders for 55 unforeseen conditions, for a total expenditure of $2,909,985.93 and approve the Utilities 56 Capital Improvement Plan (CIP) roll over of 2,178,478.00 and budget transfer of $731,507.93 57 for the project, a copy of the Contract is attached hereto and incorporated herein as Exhibit 58 "A". 59 Section 3. That this Resolution shall become effective immediately. W S:ACA\RESO\Agreements\Award Bid and Contract for Lakeside Gardens Utility Improvements Phase II (B&B Underground) - Reso.docx -2- Page 949 of 1147 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 PASSED AND ADOPTED this _ day of October, 2022. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Award Bid and Contract for Lakeside Gardens Utility Improvements Phase II (B&B Underground) - Reso.docx -3- Page 950 of 1147 CONSTRUCTION CONTRACT LAKESIDE GARDENS UTILITY STORMWATER AND WATER IMPROVEMENTS (GRANT FUNDED) - PHASE II THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and B&B UNDERGROUND CONSTRUCTION, INC. a [corporation] authorized to do business in the State of Florida, with a business address of 4050 Westgate Avenue, Suite 110, West Palm Beach, FL 33409, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related the [title of project]; and, WHEREAS, at its meeting of October 18. 2022, by Resolution, the CITY Commission approved this award to CONTRACTOR and authorized the proper CITY officials to execute this Agreement hereinafter referred to as Contract No.: UTL22-036. NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all labor, materials, and equipment and perform all the necessary services in the manner and form provided in the CITY's solicitation (herein referred to as "WORK") entitled: FBid No.: UTL22-036 Lakeside Gardens Utility Stormwater and Water Improvements — Phase II. Article 2. CONSULTANT. CITY of Boynton Beach ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the completion of the WORK in accordance with the Contract Documents. 3.1 Contract Time. The WORK will be substantially completed within (3651 [three hundred sixty-five] calendar days from the effective date of this Agreement, when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within U calendar days from the date of Substantial Completion. 3.2 Termination for Convenience. This Agreement may be terminated by CITY for convenience, upon providing fourteen (14) business days of written notice to CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall be paid its compensation for services performed till the termination date, including services reasonably related to termination. In the event that CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination. Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-1 3.3 Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. 3.4 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, [One Thousand Five Hundred] Dollars ($1,500.00) for each day of that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Three Hundred Seventy] Dollars 370.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: TWO MILLION SIX HUNDRED FOURTY FIVE THOUSAND FOUR HUNDRED FOURTY ONE AND SEVENTY-FIVE CENTS. (Written) $2,645,441.75 (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 C-2 Revised 10/2022 and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. 5.7 All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. ham- �%]���:7_[�i�Z�Z�i�l►��I���f-'� The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Request for Bid 7.2 Instructions to Proposers / Bidders 7.3 Proposal Forms (including the Proposal, Schedule(s), Information Required of Proposer / Bidder, and all required certificates, affidavits, and other documentation) 7.4 Contract Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-3 7.5 CONTRACTOR's Bid Bond, Performance and Payment Bond 7.6 General Conditions for Construction 7.7 Standard Terms and Conditions for Federally Funded Solicitations 7.8 Special Terms / Supplemental Conditions 7.9 Specifications and Technical Requirements 7.10 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utilities/new-construction) https://www. boynton-beach.org/engi in 7.11 Geotechnical Report, Permits, Surveys, Easements Drawings entitled: Appendix A, Appendix B, Appendix C & Appendix D & Appendix E ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (561) 742-6000 And if sent to the CONTRACTOR shall be mailed to: B&B Underground Construction, Inc. Attention: Steven Decker 4050 Westgate Avenue Suite 110 West Palm Beach, FL 33409 Contact 561-249-0341 Email: sdecker@bbuconst.com Article 9. INDEMNITY. 9.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents, instrumentalities, and the State of Florida, Division of Emergency Management from liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of or resulting from the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its employees, agents, servants, partners, principals or subcontractors during the term of this Agreement or resulting thereafter. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. 9.2 CONTRACTOR's aggregate liability shall not exceed the proceeds of insurance required to be placed pursuant to this Agreement, plus the compensation received by CONTRACTOR. Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 C-4 Revised 10/2022 9.3 Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 9.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR. 9.5 Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time. Il= 1� ► • •► _► ► Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 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 Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONTRACTOR shall destroy all copies of such confidential and exempt records remaining in its possession once the CONTRACTOR transfers the records in its possession to the City; and, 11.4 Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no cost to the CITY, all public records in CONTRACTOR's possession. All records stored electronically by CONTRACTOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-5 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: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6060 CityCIerk(c_bbfl.US INy=1NIWA 12.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 12.1.1 Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 12.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E - Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-6 comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 13. SCRUTINIZED COMPANIES. By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. Proposer further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the CONTRACTOR of the City's determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 14. MISCELLANEOUS, 14.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 14.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 14.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 14.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 14.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-7 14.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 14.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. 14.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 14.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. Article 15. DEFAULT OF CONTRACT & REMEDIES. 15.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 15.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 15.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 15.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 15.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. 15.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 15.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-8 CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 15.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 15.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 15.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 15.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 15.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. Article 16. FEDERAL REQUIREMENTS. Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise. Any reference made to CONTRACTOR in this section shall also apply to any subcontractor under the terms of this Agreement. 16.1 Equal Employment Opportunity. During the performance of this contract, CONTRACTOR agrees as follows: 16.1.1 CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-9 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. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 16.1.2 CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 16.1.3 CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because 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 CONTRACTOR's legal duty to furnish information. 16.1.4 CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of CONTRACTOR's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 16.1.5 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. 16.1.6 CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 16.1.7 In the event of CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated or suspended in whole or in part and CONTRACTOR may be declared ineligible for further Government 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. 16.1.8 CONTRACTOR will include the provisions of paragraphs (16.1.1) through (16.1.8) 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. CONTRACTOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-10 The CITY 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 CITY 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. The CITY further 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. The CITY 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 CITY 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 CITY under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such CITY; and refer the case to the Department of Justice for appropriate legal proceedings. 16.2 Davis -Bacon Act. CONTRACTOR shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, CONTRACTOR 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, CONTRACTOR must be required to pay wages not less than once a week. 16.3 Copeland "Anti -Kickback" Act. CONTRACTOR shall comply with the Copeland "Anti - Kickback" Act, (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). CONTRACTOR must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. CITY must report all suspected or reported violations to the Federal awarding agency. 16.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) 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. 16.4.1 Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-11 16.4.2 Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (16.4.1) of this section the CONSULTANT and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (16.4.1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (16.4.1) of this section. 16.4.3 Withholding for unpaid wages and liquidated damages. CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by CONSULTANT or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (16.4.2) of this section. 16.4.4 Subcontracts. CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (16.4.1) through (16.4.4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (16.4.1) through (16.4.4) of this section. 16.5 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). CITY will report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 16.5.1 Clean Air Act. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CONTRACTOR agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. 16.5.2 Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance. 16.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such CONSULTANT is required to verify that none of the contractor's agents, principals (defined at 2 C.F.R. § 180.995), or 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). 16.6.1 CONSULTANT 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. This certification is a material representation of fact relied upon by CITY. If it is later determined that CONSULTANT did not comply with 2 C.F.R. pt. Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-12 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State and CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 16.6.2 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. 16.7 Byrd Anti -Lobbying Amendment, as amended (31 U.S.C. § 1352). CONSULTANT shall file the required certification pursuant to 31 U.S.C. 1352. 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. 16.8 Compliance with State Energy Policy and Conservation Act. CONSULTANT shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16.9 Procurement of Recovered Materials. The CITY and CONSULTANT must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 16.10 Reporting. Pursuant to 44 CFR 13.36(1)(7), CONSULTANT shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of CONSULTANT which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. 16.11 Rights to Inventions. CONSULTANT agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government purposes. 16.12 No Obligation by the Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 16.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. CONTRACTOR shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre -approval. 16.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that federal financial assistance will be used to fund the Agreement only. CONSULTANT will comply with all applicable federal law, regulations, executive orders, policies, Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-13 procedures, and directives. 16.15 Fraudulent Statements. CONSULTANT acknowledges that 31 U.S.C. Chap. 38 applies to CONSULTANT's actions pertaining to this Agreement. 16.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405- 143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. 16.16.1 Prohibitions. 16.16.1.1 Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 16.16.1.2 Unless an exception in paragraph 16.16.2 of this clause applies, the CONTRACTOR and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: 16.16.1.2.1 Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 16.16.1.2.2 Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 16.16.1.2.3 Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or 16.16.1.2.4 Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 16.16.2 Exceptions. 16.16.2.1 This clause does not prohibit CONTRACTOR from providing: (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 16.16.2.2 By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 16.16.3 Reporting requirement. Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-14 16.16.3.1 In the event CONTRACTOR identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph 16.16.3.2 of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 16.16.3.2 The CONTRACTOR shall report the following information pursuant to paragraph 16.16.3.1 of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information in paragraph 24.16.3.1 of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The CONTRACTOR shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. 16.17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 16.18 Affirmative Socioeconomic Steps. If subcontracts are to be let, CONTRACTOR is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 16.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the CONTRACTOR grants to CITY, a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, CONTRACTOR will identify such data and grant to the CITY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, CONTRACTOR will deliver to the CONTRACTOR data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by CONTRACTOR. SIGNATURE PAGE FOLLOWS Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 Revised 10/2022 C-15 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of )2022. CITY OF BOYNTON BEACH B&B UNDERGROUND CONSTRUCTION, INC. Daniel Dugger, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: Michael D. Cirullo, Jr. Office of the City Attorney Attested/Authenticated: City Clerk Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 C-16 Revised 10/2022 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for in accordance with drawings and specifications prepared by 20 , which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PFB- 2 Signed and sealed this day of 2022. Principal (Seal) Witness Title Surety Witness Attorney -in -Fact END OF PERFORMANCE BOND Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 969 uF 11 7 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Address or legal title of contractor) hereinafter called Principal, and (Insert name of Contractor) (Name and address of Surety) as Principal, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated _ 2022, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PYB- 1 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 2022. Witness Witness Principal (Seal) Surety Attorney -in -Fact END OF PAYMENT BOND Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PYB- 3 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation () Check One a Florida General Partnership () a Florida Limited Partnership ( ) a Sole Proprietor () which is named in Construction Contract dated the day of , 20 between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 12022. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Bid No. UTL22-036 — Lakeside Gardens Utility Stormwater & Water Improvements Ph2 WT - 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORINT Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or hinder may he accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Aggregate - $1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 INSURANCE ADVISORY $ 300,000.00 Limits based on Project Cost Limits based on Project Cost UTL22-036 - Lakeside Gardens Utility Stormwater and Water Improvements - Phase II (Grant Funded) Opening Date: July 21, 2022 9:35 AM Closing Date: August 23, 2022 2:30 PM Vendor Details Company Name: B&B Underground Construction Inc. 4050 Westgate Avenue, Suite 110 Address: West Palm Beach, Florida 33409 Contact: Felipe Lofaso Email: flofaso@bbuconst.com Phone: 561-249-0341 Fax: 561-345-3767 HST#: 47-2946266 Submission Details Created On: Tuesday August 23, 2022 11:58:04 Submitted On: Tuesday August 23, 2022 12:42:05 Submitted By: Felipe Lofaso Email: flofaso@bbuconst.com Transaction #: 2a30b31 b-6dd6-4ed3-8e3a-9d4cc31 d6d49 Submitter's IP Address: 50.244.172.129 Bid Number: UTL22-036 Vendor Name: B&B Undergroun�i,C�onlyy ior7 IM7 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. "Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - Lakeside Gardens Utility Stormwater & Water Improvements - PH II NOTE: BID PROPOSAL PRICE SHEET - Price Proposal Online Form The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for "LAKESIDE GARDENS UTILITY STORMWATER AND WATER IMPROVEMENTS — PHASE II". THE BELOW UNIT PRICES MUST BE ENTERED ON THE BID PRICE PROPOSAL SHEET GENERAL CONDITIONS Item No. 5: - Indemnification - PLEASE ENTER - Unit Price at $25.00 ALLOWANCES Item No. 47: Permit Fee Allowance -1""IIIIIIIIICIII'1 Uii liit III��Nii°iiice at: $5,000 00 Item No. 48: Landscaping Allowance - III""IIIIIIIIIiIII°'0 t..11liiii liit III''°:IuiIice a,11I a,11 $25,000 00 Item No. 49: Tree Replacement Allowance -III'° Ill...11ll f SIIII t""IIII1 Uii liit III''° iumliice at $30,000 0,000 tiff Item No. 50a: Third Party Utility Expenses for Relocations or Support During Construction (Florida Power & Light, FPL) -III'°'°'"'IIL...IIIIIIIIIII'�At''011111111111 t""IIIIIIIIII'III'S t.1i liit IIIuiur°1iice at $4.0,000 00 2sIIIIIIIIIC IIIIIIIIIC1110""t""IIIIIIIIILIII'. Ulurml Item No. 50b: Third Party Utility Expenses for Relocations or Support During Construction (AT&T) -III'°�IIL..IIIIIIIIIC � t. 111 Ice a111 $10,,000...00 Item No. 50c: Third Party Utility Expenses for Relocations or Support During Construction (Comcast) - III""IIIIIIIIICIII' Uui11t ''Iuir tlI ce at. $ R000.00 Item No. 50d: Third Party Utility Expenses for Relocations or Support During Construction (FPU) -III' IIL..IIIllll�0tIII Ilii tIII'' ui°Bice a111': $50,000.00 00 TOTAL FOR ALLOWANCES = $170,000.00 *NOTE: *Award of Contract will be based ONLY on the Total Bid Price (not including the Allowances Total Bidders will complete the work in accordance with the contract documents and as further described in Section 01025. ITEM NO ISCO1025 I DESCRIPTION IQUANITY IUNIT I UNIT PRICE * IVALUE Bid Number: UTL22-036 Vendor Name: B&B UndergrounOC�on tiOr� I�'�47 1 1.11.A Mobilization /Demobilization, Bonds, 1 LUMP SUM $126,350.0000 $ 126,350.00 Insurance, General Requirements including utility locates and coordination. Contractor shall be limited to a maximum of six percent (6%) of the total bid price. 2 1.11.13 Contractor to Develop and Implement, 1 LUMP SUM $38,750.0000 $ 38,750.00 Maintenance of Traffic (MOT) Plan. 3 1.11.0 As -Built Record Drawings 1 LUMP SUM $22,000.0000 $ 22,000.00 4 1.11.D Professional Pre -Construction 1 LUMP SUM $3,000.0000 $ 3,000.00 Photographs and Professional Audio/Video of Construction Site. 5 1.11.E Indemnification 1 LUMP SUM $25.0000 $ 25.00 6 1.11.F Vibration Monitoring 1 LUMP SUM $70,000.0000 $ 70,000.00 7 1.11.G Clearing and Grubbing 1 LUMP SUM $53,800.0000 $ 53,800.00 8 1.11.H Tree Removal (5 inches in diameter or 59 EACH $678.0000 $ 40,002.00 greater) 9 1.11.1 Demolition and Removal of Concrete Curb 320 LF $7.2000 $ 2,304.00 10 1.11.J Removal & Disposal of Existing Pavement 3750 SY $5.0000 $ 18,750.00 11a 1.11.K Removal & Disposal of Existing Concrete 370 SY $18.9000 $ 6,993.00 Driveway or Walkway 11b 1.11.K Removal & Disposal of Existing Asphalt 150 SY $7.5000 $ 1,125.00 Driveway or Walkway 11c 1.11.K Removal & Disposal of Existing Gravel 64 SY $1.0000 $ 64.00 Driveway or Walkway 11d 1.11.K Removal and Disposal of Paver Brick 436 SY $16.0000 $ 6,976.00 Driveway or Walkway 11e 1.11.K Removal and Disposal of Decorative 190 SY $15.0000 $ 2,850.00 Stamped Concrete Driveway or Walkway 12 1.11.E Milling Existing Asphalt Pavement up to 1- 8 SY $50.0000 $ 400.00 1/2 inches of Depth 13 1.11.M Furnishing and Installing FDOT Type 4400 SY $14.5000 $ 63,800.00 SP — 12.5 Asphaltic Pavement (1-1/2 inch thick), includes the adjustment of manhole and covers and valve boxes, temporary pavement markings. 14 1.11.N 8" thick Limerock/Shellrock (LBR 100) 4400 SY $24.0000 $ 105,600.00 Base 15 1.11.0 12" Stabilized Subgrade (LBR 40) 4400 SY $7.0000 $ 30,800.00 16 1.11.P Open -Cut Trench Repair at US 1 and 1 LUMP SUM $3,500.0000 $ 3,500.00 Potter Road Connection. 17a 1.11.Q Concrete Driveway Apron or Walkway 440 SY $99.0000 $ 43,560.00 Replacement. 17b 1.11.Q Paver Brick Driveway Apron or Walkway 350 SY $106.0000 $ 37,100.00 Replacement w/New Paver Bricks. 17c 1.11.Q Paver Brick Driveway or Walkway 350 SY $97.0000 $ 33,950.00 Replacement w/Salvaged Paver Bricks. 17d 1.11.Q Stamped Concrete Driveway Apron or 190 SY $142.0000 $ 26,980.00 Walkway Replacement. 18a 1.11.R Valley Gutter 3127 LF $40.0000 $ 125,080.00 18b 1.11.R FDOT Type "F" Curb and Gutter (2') 242 LF $46.0000 $ 11,132.00 18c 1.11.R FDOT Type "D" Curb 60 LF $20.0000 $ 1,200.00 18d 1.11.R 12" Header Curb 18 LF $67.0000 $ 1,206.00 19 1.11.S Furnish and Install Thermoplastic 1 LUMP SUM $3,000.0000 $ 3,000.00 Pavement Markings. 20 1.11.T Removal and Replacement of Road 1 LUMP SUM $1,500.0000 $ 1,500.00 Signage. 21a 1.11.0 Remove Existing 4" Asbestos Cement 525 LF $35.5000 $ 18,637.50 Water Main, including Caps. 21b 1.11.0 Remove Existing 6" Asbestos Cement 453 LF $35.0000 $ 15,855.00 Water Main, including Caps. Bid Number: UTL22-036 Vendor Name: B&B UndergrounOCon i07 1M7 21c 1.11.0 Remove Existing 8" Asbestos Cement 20 LF $20.0000 $ 400.00 Water Main, including Caps. 22a 1.11.V Abandon In -Place and Grout Existing 2" 190 LF $13.5000 $ 2,565.00 Water Main, including Caps. 22b 1.11.V Abandon In -Place and Grout Existing 4" 295 LF $10.5000 $ 3,097.50 Water Main, including Caps. 22c 1.11.V Abandon In -Place and Grout Existing 6" 160 LF $20.7500 $ 3,320.00 Water Main, including Caps. 22d 1.11.V Abandon In -Place and Grout Existing 8" 8 LF $50.0000 $ 400.00 Water Main, including Caps. 23 1.11.W Adjust Existing Fire Hydrant Assembly. 2 EACH $3,000.0000 $ 6,000.00 24 1.11.X Furnish and Install Fire Hydrant Assembly. 2 EACH $7,900.0000 $ 15,800.00 25a 1.11.Y 8" Restrained Joint PVC C-900 (DR18) 325 LF $110.0000 $ 35,750.00 Water Main Pipe 25b 1.11.Y 8" Push -On Joint PVC C-900 (DR18) 553 LF $55.0000 $ 30,415.00 Water Main Pipe 26a 1. 112 8" Restrained Joint Ductile Iron (DIP) 55 LF $95.0000 $ 5,225.00 Water Main Pipe 26b 1.112 8" Push -On Joint Ductile Iron (DIP) Water 160 LF $65.0000 $ 10,400.00 Main Pipe 27 1.11.AA 8 -Inch Restrained Gate Valve and 4 EACH $2,550.0000 $ 10,200.00 Appurtenances 28a 1.11.66 1" Single Water Service Connection - 8 EACH $1,550.0000 $ 12,400.00 Short Side 28b 1.11.1313 1" Single Water Service Connection - 13 EACH $2,300.0000 $ 29,900.00 Long Side 29 1.11.CC Split Casing 1 EACH $6,150.0000 $ 6,150.00 30 1.11.DD Pigging, Testing and Disinfection of 1 LUMP SUM $11,600.0000 $ 11,600.00 Water Mains (including Fill & Flush Assemblies). 31 1.11.EE Closed Circuit Television Inspection of 1640 LF $4.0000 $ 6,560.00 Sewer Pipe. 32 1.11.FF Abandonment and Removal or Grouting 40 EACH $200.0000 $ 8,000.00 of Existing Sewer Lateral. 33a 1.11.GG 6" PVC C900 SDR18 Sewer Lateral 21 EACH $5,150.0000 $ 108,150.00 Installation, Including Cleanout w/Meter Box. 33b 1.11.GG 6" PVC C900 SDR18 Sewer Lateral 11 EACH $5,250.0000 $ 57,750.00 Installation, Including Cleanout w/ Mini Manhole. 34a 1.11.HH Abandon, Removal, and Disposal of 283 LF $9.2500 $ 2,617.75 Existing 8" Pipe Culvert. 34b 1.11.HH Abandon, Removal, and Disposal of 50 LF $20.0000 $ 1,000.00 Existing 20" Pipe Culvert. 35 1.11.11 Abandonment, Removal and Disposal of 6 EACH $1,300.0000 $ 7,800.00 Existing Drainage Structure. 36 1.11.JJ Modifications to the N. Lake Drive Outfall 1 LUMP SUM $5,000.0000 $ 5,000.00 (2505 N. Lake Drive). 37a 1.11.KK Potter Road Outfall — 6" PVC Discharge 172 LF $86.0000 $ 14,792.00 Piping & Discharge Flanged Piping. 37b 1.11.KK Potter Road Outfall — 6" Bypass 1 LUMP SUM $6,900.0000 $ 6,900.00 Pumping Assembly. 37c 1.11.KK Potter Road Outfall Coring of Existing 1 LUMP SUM $42,500.0000 $ 42,500.00 Seawall and Alterations. 37d 1.11.KK Potter Road Outfall Manatee Grate and 1 LUMP SUM $36,500.0000 $ 36,500.00 Backflow Valve. 37e 1.11.KK Potter Road Outfall Seawall Engineering 1 LUMP SUM $1,000.0000 $ 1,000.00 Services. 38a 1.11.LL Storm Structure — Inlet, FDOT Type D 4 EACH $14,075.0000 $ 56,300.00 38b 1.11.LL Storm Structure — Inlet, FDOT Type D 12 EACH $10,500.0000 $ 126,000.00 Valley Gutter Bid Number: UTL22-036 Vendor Name: B&B Undergroun�i,C�on t'D? i�'�47 38c 1.11.LL Storm Structure — Inlet, FDOT Type D 10 Inlet 1 EACH $13,900.0000 $ 13,900.00 38d 1.1 11L Storm Structure — Inlet, C-4 4' Dia. Valley Gutter 3 EACH $17,000.0000 $ 51,000.00 38e 1.1 11L Storm Structure — 4' Dia. Conflict Structure 1 EACH $24,200.0000 $ 24,200.00 38f 1.1 11L Storm Structure — 5' Dia. Conflict Structure 1 EACH $24,800.0000 $ 24,800.00 39a 1.11.MM Class III 15" RCP Drainage Pipe 151 LF $273.0000 $ 41,223.00 39b 1.11.MM Class III 18" RCP Drainage Pipe 414 LF $223.0000 $ 92,322.00 39c 1.11.MM Class III 24" RCP Drainage Pipe 701 LF $250.0000 $ 175,250.00 39d 1.11.MM Class III 36" RCP Drainage Pipe 328 LF $660.0000 $ 216,480.00 40 1.11.NN Modify Existing Storm Structures Openings. 3 EACH $2,950.0000 $ 8,850.00 41 1.11.00 Over -Excavation and Disposal of Unsuitable Material. 500 CY $11.2500 $ 5,625.00 42 1.11. PP Imported, Placed and Compacted Suitable Backfill Material. 1000 CY $14.7500 $ 14,750.00 43 1.11.QQ Flowable Fill, 100 psi Excavatable 100 CY $200.0000 $ 20,000.00 44 1.11.RR Sodding 2500 SY $19.6000 $ 49,000.00 45 1.11.SS Dewatering System Complete 1 LUMP SUM $156,000.0000 $ 156,000.00 46 1.11.TT Mailbox Removal and Relocation 28 EACH $45.0000 $ 1,260.00 47 1.11.UU Permit Fee Allowance 1 LUMP SUM $5,000.0000 $ 5,000.00 48 1.11.VV Landscaping Allowance 1 LUMP SUM $25,000.0000 $ 25,000.00 49 1.11.WW Tree Replacement Allowance 1 LUMP SUM $30,000.0000 $ 30,000.00 50a 1.11.XX Third Party Utility Expenses for Relocations or Support During Construction (Florida Power & Light, FPL). 1 LUMP SUM $40,000.0000 $ 40,000.00 50b 1.11.XX Third Party Utility Expenses for Relocations or Support During Construction (AT&T). 1 LUMP SUM $10,000.0000 $ 10,000.00 50c 1.11.XX Third Party Utility Expenses for Relocations or Support During Construction (Comcast). 1 LUMP SUM $10,000.0000 $ 10,000.00 50d 1.11.XX Third Party Utility Expenses for Relocations or Support During Construction (FPU). 1 LUMP SUM $50,000.0000 $ 50,000.00 Subtotal: $ 2,645,441.75 Summary Table Bid Form Amount BID PROPOSAL - Lakeside Gardens Utility Stormwater & Water Improvements - PH II $ 2,645,441.75 Subtotal Contract Amount: $ 2,645,441.75 Bid Number: UTL22-036 Vendor Name: B&B Undergroun�i,C�on t'D? i�'�47 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response* Comments Is your company a Minority Owned business? No B&B Underground Construction, Inc. is a local certified small business in Palm Please select the appropriate response Not Applicable Beach County actively engaged in the underground piping, roadway and Do you possess a certification qualifying your business as a Minority Owned business? No neighborhood improvement construction business since 2015. B&B Underground Issuing organization name Input response in comments box to the right Not applicable Date of Issuance Input response in comments box to the right Not applicable Letter of interest The Letter of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response* 1 The Letter of Interest shall summarizes the B&B Underground Construction, Inc. is a local certified small business in Palm Does the business have Proposer's primary qualifications and a firm Beach County actively engaged in the underground piping, roadway and commitment to provide the proposed services. neighborhood improvement construction business since 2015. B&B Underground has successfully completed numerous similar projects in Palm Beach County on the City limits a business tax receipt time and under budget. B&B Underground Construction, Inc. is firmly committed Number of years in business * Business license number* to starting this project and dedicating the resources necessary to furnish, install issued in the current Florida Division of and coordinate with the stakeholders through completion. B&B Underground is Beach, prepared to be an active participant with the affected neighborhood to minimize Corporations? disruptions and provide a quality turn -key project for the City. Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. r We will not be submitting for Local Business Status Certification Is the business Does the business have Is the business located within the City limits a business tax receipt registered with the Number of years in business * Business license number* of Boynton issued in the current Florida Division of Beach, year? * Corporations? Florida? r Yes r Yes r Yes r` No r No r` No Bid Number: UTL22-036 Vendor Name: B&B Undergroun�i,C�on t'DT I�'�47 References In order to be considered for this project, the Bidder must list two (2) successfully completed or in progress projects of similar scope and complexity in the State of Florida. List the minimum number of two (2) successfully completed projects of similar scope of work and complexity which shows experience and demonstrates expertise in providing the services as stated herein Description Reference 1 * Reference 2 * Name of Firm: City of Lake Worth Beach City of Riviera Beach Scope of Work: The improvements consisted of neighborhood improvements including a new 8" watermain, new drainage system, sewer lateral upgrades and lining, roadway reconstruction, ADA improvements, concrete sidewalks and driveways, and all associated restoration (sodding, striping, signage). The improvements consisted of neighborhood improvements including a new watermain, drainage system, sanitary sewer system, roadway reconstruction, ADA improvements, sidewalks and driveways, street lighting, and all associated restoration work (sodding, striping, signage) Project Location: Tropical Drive and Barton Court City of Riviera Beach Cost of Service: $3,100,000 $4,900,000 Start Date of Service: January 2016 January 2017 End Date of Service: November 2016 March 2019 Contact Person: Giles Rhoads, PE Terrence Bailey, PE Title: Assistant Director Water Utilities Director of Public Works Email: grhoads@lakeworthbeachfl.gov tbailey@rivierabeach.org Phone #: 561-586-1640 561-848-4184 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. r" By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their "OWN FORCES". Name Address Scope of work license No Contract Amount Percentage (%) of Contract Li Donni 17863 103rd Terrace Paving Not applicable $55,000 2% Company North, Jupiter, FL 33478 Spada Flatwork 8464 Belvedere Rd, Concrete flatwork CBC1260264 $188,000 7.5% West Palm Beach FL and curbing 33411 Documents Bid Number: UTL22-036 Vendor Name: B&B Undergroun�i,C�oes ��tiD? IM7 Ensure your submission document(s) conforms to the following Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE • Bid Form - Bid Form.pdf - Tuesday August 23, 2022 12:32:34 • Bid Bond Forms - Bid Bond.pdf - Tuesday August 23, 2022 12:32:47 • Bidder's Qualification Statement - Bidders Qualification Statement.pdf - Tuesday August 23, 2022 12:32:57 • Anti -Kickback Affidavit - Anti -Kickback Affidavit. pdf - Tuesday August 23, 2022 12:33:05 • Non -Collusion Affidavit of Bidder - Non -Collusion Affidavit.pdf - Tuesday August 23, 2022 12:33:13 • Certification Pursuant to Florida Statute § 287.135 - Certification Pursuant to Florida Statute 287.135.pdf - Tuesday August 23, 2022 12:33:24 • Warranties and Trench Safety Act Affidavit - Warranties and Trench Safety Affidavit. pdf - Tuesday August 23, 2022 12:35:50 • E -Verify Form Pursuant to Florida Statute § 448.095 - E -Verify form.pdf - Tuesday August 23, 2022 12:35:58 • Bidder's Site Inspection Confirmation Form - Bidders Site Inspection Confirmation. pdf - Tuesday August 23, 2022 12:36:08 • Certificates. Licenses and Business Permits. W-9 - Certificates, Licenses, Business Permits, W-9.pdf - Tuesday August 23, 2022 12:36:21 • Additional Document - Additional Document.pdf - Tuesday August 23, 2022 12:36:39 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. A one hundred percent (100°/x) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. Bid Bond - Bid Bond.pdf - Tuesday August 23, 2022 12:37:37 Bid Number: UTL22-036 Vendor Name: B&B Undergroun�i,C�on t, I�'�47 Addenda & Declarations SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to secure services of a qualified Contractor to construct approximately 1,600 linear feet (LF) of drainage pipe, 25 drainage structures, a gravity outfall, an outfall built for emergency pumping, in addition to 1,130 LF of water main replacement. Ancillary items associated with the construction of the stormwater management system include but are not limited to sanitary and water service line adjustments, driveway replacements, curbing, roadway widening and restoration, and erosion control measures. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references and past performance, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. PERFORMANCE WARRANTY: The bidder shall guarantee all work, equipment, and materials included in the services against any defects in workmanship; and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon the date of acceptance, inspection, and approval by the City Representative only. If the bidder is notified in writing of a deficiency in the work provided, within one year from completion of the work, the bidder shall, at the City's option, re -perform the work in question at no additional cost to the City, or refund the City the original charges for the work in question, including the difference in cost if any, to re- perform the work if completed by another vendor. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. • All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as Bid Number: UTL22-036 Vendor Name: B&B Undergroun�i,C�on tion? IM7 found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Public Works Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation, it is agreed by the parties hereto that the Public Works Director or his representative shall decide all questions, difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications, construction, prosecution and fulfillment of the Contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Contractor or the Contractor's Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Project Manager or his representative at all times. The Contractor shall submit for approval by the Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. c. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings or underground utilities. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Project Manager or his representative within seven Bid Number: UTL22-036 Vendor Name: B&B Undergroun�i,C�on t'D? I�'�47 (7) days from Contractor's knowledge of a delay. Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Contractor fails to start the work within the time specified, and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non -completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City, and shall properly join his work to existing or new construction. c. All materials and every process and operation of manufacture, construction and erection shall be subject to inspection at all times, and the Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. FINAL CLEAN UP: Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Contractor shall remove from the site completed, all machinery, equipment surplus and discarded materials and temporary structures. The disposal of all materials, rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the Project Manager. Materials cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. Addenda & Declarations The Bidder hereby acknowledges and agrees: 1. To provide all goods, services and construction, as more specifically set out and in accordance with the Owner's Bid Call Document, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the Bid Call Document(s) which shall Bid Number: UTL22-036 Vendor Name: B&B UndergrounOC�on i07 1M7 include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Deposit accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the Bid Call Document. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub -consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. P7 I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Stephen Decker, President, B&B Underground Construction, Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r- Yes r. No Bid Number: UTL22-036 Vendor Name: B&B Undergroun�i,C�on t'D? l�'�47 The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and pages attachments (if applicable) Addendum No. 2 - UTL22-036 - Lakeside Gardens Utility Stormwater and Water Improvements Phase II (Grant Funded) F-1 17 Thu August 18 2022 12:35 PM Addendum No. 1 - UTL22-036 - Lakeside Gardens Utility Stormwater and Water Improvements Phase II (Grant Funded) 110 28 Wed August 17 2022 04:57 PM Bid Number: UTL22-036 Vendor Name: B&B Undergroun�i,Con iOD7 lM7 UTL22-036 - Lakeside Gardens Utilitv Stormwater, ITEM NO SC01025 DESCRIPTION 1 1.11.A Mobilization /Demobilization Bonds Insurance General Requirements incl locates and coordination. Contractor shall be limited to a maximum of six the total bid price. 2 1.11.13 Contractor to Develop and Implement Maintenance of Traffic (MOT) Plan. 3 1.11.0 As -Built Record Drawings 4 1.11.1) Professional Pre -Construction Photographs and Professional Audio/Video Site. 5 1.11.E Indemnification 6 1.11.F Vibration Monitoring 7 1.11.G Clearing and Grubbing 8 1.11.1-1 Tree Removal (5 inches in diameter or greater) 9 1.11.1 Demolition and Removal of Concrete Curb 10 1.11.J Removal & Disposal of Existing Pavement 11a 1.11.K Removal & Disposal of Existing Concrete Driveway or Walkway 11b 1.11.K Removal & Disposal of Existing Asphalt Driveway or Walkway 11c 1.11.K Removal & Disposal of Existing Gravel Driveway or Walkway 11d 1.11.K Removal and Disposal of Paver Brick Driveway or Walkway 11e 1.11.K Removal and Disposal of Decorative Stamped Concrete Driveway or Walkv 12 1.11.E Milling Existing Asphalt Pavement up to 1-1/2 inches of Depth 13 1.11.M Furnishing and Installing FDOT Type SP — 12.5 Asphaltic Pavement (1-1/2 it includes the adjustment of manhole and covers and valve boxes temporar markings. 14 1.11.1\1 8" thick Lim erock/ShelIrock (LBR 100) Base 15 1.11.0 12" Stabilized Subgrade (LBR 40) 16 1.11.13 Open -Cut Trench Repair at US 1 and Potter Road Connection. 17a 1.11.Q Concrete Driveway Apron or Walkway Replacement. 17b 1.11.Q Paver Brick Driveway Apron or Walkway Replacement w/New Paver Bricks 17c 1.11.Q Paver Brick Driveway or Walkway Replacement w/Salvaged Paver Bricks. 17d 1.11.Q Stamped Concrete Driveway Apron or Walkway Replacement. 18a 1.11.R Valley Gutter 18b 1.11.R FDOT Type "F" Curb and Gutter (2') 18c 1.11.R FDOT Type "D" Curb 18d 1.11.R 12" Header Curb UTL22-036 - Lakeside Gardens Utility Stormwater and Water Improvem Schedule/Specifications B&B Undei 4051 West Email: s Con BID PROPOSAL - Lakeside Gardens Utility Stormwater & Water Improvements - PH II Allowances Entered Correctly Letter of Interest Bid Bond 5% Bid Price Bid Form Addendum No. 1 & No. 2 Acknowledge Bidders Qualification Statement Anti-Kickback Affidavit Non-Collusion Affidavit Scrutinized Company Pursuant to Florida Statute § 287.135 E-Verify Form Mandatory Site Inspection Confirmation Form Warranties Trench Safety Act Affidavit Potable Water (LF) Box; Sanitary (EA) Drainage Pipe (LF) Box; Drainange Strt Trench Box Confirmation of Minority Owned Business Local Business Status Certification References - (2) Similar Successfully Completed or in Progress Projects Subcontractors Yes (2) - Li Donni C Inspector General Acknowledgement Confirmation of Drup Free Workplace Current Florida Professional License & Permits State of Florida dbl CGC1523248 Exp. P Professional EnginE Business Tax Receil W-9 COMMENTS: Subtotal Contract Amount: B A X T E ODMAN Angela Prymas 'r"" ^" Utilities 124 E. Woolbright Rd. Boynton Beach, FL 33435 Subject.- Boynton Beach Utilities Lakeside Gardens Utility Stormwater and Water Improvements ® Phase 11 Bid Results UTL22-036 Dear Ms, Prymas: Lake—s-1 cTe_(Ja_r_d en s U tifify S torm water an a IT ater improv em ent s - 1'n as e I I proj ect. Th e I ow bi d w,,tq, as follows: I Name of Bidder Amount of Bid 1. B&B Underground Construction, Inc. $ 2,645,441.75 The City received the bid proposals and provided copies to Baxter & Woodman, Inc. (B&W) on August 26, 2022. In accordance with the "Documents that must Accompany Proposal in Order for Submittal to Be Considered Complete & Acceptable," the following items were included within the low bidder bid package: • Bid Fonn • Bid Bond Forms • Bidder's qualification Statement • Anti -Kickback Affidavit • Non -Collusion Affidavit of Bidder • Certification Pursuant to Florida Statute 2 8 7.13 5 • Warranties and Trench Safety Act Affidavit • E -Verify Form Pursuant to Florida Statute § 448.095 • Bidder's Site Inspection Confirmation Form • Certificates, Licenses and Business Permits, W-9 • Additional Documents Page 990 of 1147 B A X T E OODMAN B&W contacted references provided by B&B Underground Construction, Inc. All references provided positive feedback on work completed by the Contractor on related projects, the bidders' reference forms are provided. Based on our review of the Proposal, Bid Forms, and references, B&W identifies B&B Underground Construction, Inc. with the bid amount of $ 2,645,441.75 as the low responsive bidder. If you have any questions regarding the information presented, please contact us at 561-655-6175. Sincerely, BAXTER & WOODMAN, INC. CONSULTING ENGINEERS Sira "Jockey" Prinyavivatkul, P.E. Florida Water/Wastewater Department Manager Enclosures cc: BW File No. BOYBC\212172-Lakeside Gardens\00-Misc\Bidding\Bids\B&B Underground Construction Bid Page 991 of 1147 Public Hearing 10/18/2022 Requested Action by Commission: Proposed Resolution R22-145- Declare the City owned vacant property (0.0458 acres) located at 319 NE 12th Avenue, PCN #08-43-45-21-20-002-0182, as surplus and direct staff on desired disposition process to follow. Explanation of Request: The City has received a written offer on the following vacant property: Parcel Id: #08-43-45--21-20-002-0182 Location: 319 NE 12th Avenue Size: 0.0458 Acres PBC Assessed Value: $880 Offer by: Howard Brown Offer Amount: $1.00 According to Chapter 2, Article IV, Section 2-56 (c) of the City of Boynton Beach Code of Ordinances, the City Commission can sell property, which is determined to be in the best interest of the City: An advertisement for public hearing was placed in the Palm Beach Post on October 7, 2022. It is recommended that the City Commission authorize disposition of the property through negotiated sale with the sender of the Letter of Interest, Howard Brown. Section 2-56 (c) Disposal of city real property. (1) 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. (2) 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. (a) 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. (b) 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); Page 993 of 1147 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. (c) 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. (d) 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 one hundred thousand dollars ($100,000.00) 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 one hundred thousand dollars ($100,000.00) shall not require an appraisal. d. Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: 1. 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. (e) 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 Page 994 of 1147 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. (f) 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. (g) 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. How will this affect city programs or services? There will be no impacts to City programs or services. Fiscal Impact: By declaring this parcel surplus and completing the disposition process it will return the parcel to the City tax rolls. Alternatives: Do not declare surplus and retain parcel as is or direct a method of disposition other than negotiation with the offerer. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 995 of 1147 Attachments: Ty pe D Resok.flJoin D ALtachirnee nt D ALtachirrierit D Aftachirrient Description FResolution declairiing 319 NE l21ll'i Aw,,,inul(,.'a as swplus propeirty I ettf,:-W of II interiL FliropewtyD(.,.A4!ls F:1iropeirty Aerial Fl[iok) Page 996 of 1147 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 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA DECLARING THE CITY OWNED VACANT PROPERTY (0.0458 ACRES) LOCATED AT 319 NE 12TH AVENUE, PCN #08-43-45-21-20-002-0182, AS SURPLUS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City has received a written offer from Howard Brown in the amount of $1.00 for the following vacant property: Parcel Id: #08-43-45-21-20-002-0182, located at 319 NE 12th Avenue, Size: 0.0458 Acres, PBC Assessed Value: $584; and WHEREAS, according to Chapter 2, Article IV, Section 2-56 (c) of the City of Boynton Beach Code of Ordinances, the City Commission can sell property, which is determined to be in the best interest of the City; and WHEREAS, before any improved or unimproved property owned by the City can be sold, the City Commission must first declare the property to be surplus; and WHEREAS, the City Commission, upon recommendation of staff, declares the City owned vacant property (0.0458 acres) located at 319 NE 12th Avenue, PCN #08-43-45-21-20- 002-0182, as surplus. 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 City Commission of the City of Boynton Beach declares the City owned vacant property (0.0458 acres) located at 319 NE 12th Avenue, PCN #08-43-45-21-20- 002-0182, as surplus. Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Declaring 319 NE 12th Avenue as Surplus property - Reso.docx Page 997 of 1147 40 PASSED AND ADOPTED this 4th day of October, 2022. 41 42 43 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley ATTEST: VOTE Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) S:ACA\RESO\Declaring 319 NE 12th Avenue as Surplus property - Reso.docx YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 998 of 1147 Mack, Andrew From: Howard Brown <HPBROWN826@msn.com> Sent: Wednesday, August 31, 2022 3:02 PM To: Mack, Andrew Cc: Hay, Woodrow L.; Howard Brown; prissybrown26@yahoo.com Subject: Property located at 319 Ne 12th Ave BB, FL 33435 Follow Up Flag: Follow up Flag Status: Flagged Hello! Mr. Mack I am emailing you about acquiring the City owned property located at 319 NE 12th. avenue Boynton Beach, FL 33435. I own the property located next to the City owned property. My address is 317 NE 12th. avenue Boynton Beach, FL 33435. I would like to put in a bid of $1 to buy the property and assume minimal administrative cost to covert/transfer ownership to my name. The City have not done any cleanup of the property over the past 5 or more years until recently. Please consider the offer for the City owned property. Look forward to hearing from you Thanks, Howard Brown & Priscilla Henry -Brown 561.703.1265 1 Page 999 of 1147 APA Banner ]II:.Awation Ad uress 319 NE 12TH AVE Municipality BOYNTON BEACH Parcel Cournb-ol T uiur uer 08-43-45-21-20-002-0182 Swulallvlslio n HAPPY HOME HEIGHTS O11i�claa.l Itecov s 113omwk 11919 Page 1553 Sale Jlllaile JULr2000 I_,m,luaml 1113esedp2lluunn HAPPY HOME HEIGHTS E 1/2 OF LT 18 BLK 2 P All values are as of January 1 st each year Prelirnary Tax Year 20,22 p _Nlaalllnl address tJoswammuuru Assessed Value $642 $584 $53 PO BOX310 BOYNTON BEACH CITY OF $584 $53 11,aaxalltle Value BOYNTON BEACH FL 33425 0310 S alle,s ll Ince Oliz Sale "llyll I�l r �r 111bt�e llLlamaudlkilll"aage 11919/ WARRANTY JUL-2000 $0 BOYNTON BEACH CITY OF 01553 DEED MAR 11669/ $0 TAX DEED PALM BCH CNTY 2000 01211 COMMISSIONERS $11,000 QUITCLAIM 0191 1994 DEC- $100 01088 / QUIT CLAIM 783TAX 8 $2,000 DEED A98511 01300 12 Exemptimirii A C plicani/Owner Year l)etail BOYNTON BEACH CITY OF 2022 FULL: MUNICIPAL GOVERNMENT ''°"l"matapl SquareNuu�^r of 1 iaits 0 Square 0 Ne res 0.0458 Fect R2 - R2 DUPLEX, 10 DU/AC (08- U t;:'oal 0000 -VACANT a�unlnl BOYNTON BEACH) 11"acv Year 2022 20,21 2020., >In>Ilmuroveny, ural; Vaullue $0 $0 $0 I.,aaunal Vaulpawe $880 $700 $1,050 Total maau^la.et: Vallw.ule $880 $700 $1,050 P All values are as of January 1 st each year Prelirnary Tax Year 20,22 p 2021 2012 Assessed Value $642 $584 $53 111K xemmuppmtiott Anviummt, $642 $584 $53 11,aaxalltle Value $0 $0 $ "l"ax Year 2022 p 2021 202 Ad Valorem $0 $0 $ Non Ad Vamllommumurm $0 $0 $ "ofill tax $0 $0 $ 08-43-45-21-20-002-0182 September 20, 2022 1:576 0.00475 0.0095 0.019 mi Page l,P01 of 1147 0.0075 0.015 0.03 km 11.A. New Business 10/18/2022 Requested Action by Commission: Commission discussion on Advisory Boards reporting to the City Commission, requested by Commissioner Kelley. Explanation of Request: Commission to discuss and provide direction to Advisory Boards for reporting and at what frequency, as well as how often the Commission would like to see attendance records for the Advisory Boards. 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 1002 of 1147 11.B. New Business 10/18/2022 Requested Action by Commission: Proposed Resolution No. R22-144- Approve and ratify the appointment of Adam Temple as Assistant City Manager - Development Services, pursuant to City Code of Ordinances, Chapter 2, Article 11, Section 2-30(b). (Postponed at the October 4, 2022 City Commission Meeting.) Explanation of Request: Approve and ratify the appointment of Adam Temple as Assistant City Manager - Development Services, pursuant to City Code of Ordinances, Chapter 2, Article 11, Section 2-30(b). 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 D Resaalbflioi n D Attachment Description 1::Resollu.itioi n a: of nfliinrrrniinmg Uhe appointima':',rnt of Adaim Tnirnnlplle <: s Assistanin�f ClityIMana(:feii I )evenolpirnneirn�f Adan r n ..Tbirmnlple lResu.niirmna Page 1003 of 1147 1 RESOLUTION NO. R22-144 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVE AND RATIFY APPOINTMENT OF 4 ADAM TEMPLE AS ASSISTANT CITY MANAGER - 5 DEVELOPMENT SERVICES; AND PROVIDING FOR AN 6 EFFECTIVE DATE. 7 8 WHEREAS, pursuant to City Charter Article II, Sec. 20(a), the appointment or discharge 9 of the Assistant City Manager by the City Manager is subject to confirmation by the City 10 Commission; and 11 WHEREAS, pursuant to City Code of Ordinances, Chapter 2, Article II, Section 2-30(b) 12 the City Manager has the authority to recommend, in his discretion, to the Commission the 13 creation of the position of Assistant City Manager or designate, with the Commission's consent, 14 an employee of the City to act in this capacity; and 15 WHEREAS, the City Manager is recommending the appointment of Adam Temple as 16 Assistant City Manager — Development Services; and 17 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 18 best interest of the Citizens and residents of the City of Boynton Beach to approve and ratify 19 the appointment of Adam Temple as Assistant City Manager — Development Services for the 20 City of Boynton Beach. 21 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. I S:ACA\RESO\Ratify appointment of ACM Temple (Development Services) - Reso.docx Page 1 004 of 1147 25 Section 2. The City Commission approves and ratifies the appointment of Adam 26 Temple as Assistant City Manager — Development Services for the City of Boynton Beach. 27 Section 3. That this Resolution shall become effective immediately. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ATTEST: 47 48 49 Maylee De Jesus, MPA, MMC 50 City Clerk 51 52 53 (Corporate Seal) 54 55 56 57 PASSED AND ADOPTED this 4th day of October, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 2 S:ACA\RESO\Ratify Appointment Of ACM Temple (Development Services) - Reso.Doex Page 1005 of 1147 ADAM N. TEMPLE 100 E. Ocean Avenue, Boynton Beach, Florida 33435 0 (305) 370-2613 0 TempleA@bbfl.us Over 20 years of progressive and professional experience in military and municipal organizations, including nearly 10 years as a Department Head. A business -oriented leader with strong administrative and operational experience with a proven ability to lead & accomplish projects under high pressure. Proven ability to build, lead, and motivate diverse high-performance teams, focused on maximizing productivity and efficiency. Exceptional written and oral communicator. • Leadership & Team Building • Strategic Planning • Organizational Development • Disaster Management & Coordination • Lean Six Sigma • Finance & Budgeting • Public Speaking & Presentations • Community Outreach & Engagement • Relationship/Consensus Builder • Highly Organized & Ability to Prioritize Relevant Education & Certifications Florida International University, Miami, FL, USA Masters of Business Administration University of Miami, Coral Gables, FL, USA B.A. Political Science & Ecosystem Science & Policy Professional Development Academy (PDA) International City Managers Association (ICMA) Master Certificate in High Performance Leadership Association of State Floodplain Managers Certified Floodplain Manager (CFM) # US -16-09336 Emergency Management Institute - FEMA ICS -100, 200, 230, 700, 800 Professional Experience CITY of BOYNTON BEACH —100 E. Ocean Avenue, Boynton Beach, FL 8/2019 to Present Positions Held: Director of Development, Director of Community Standards Highly responsible management and complex professional administrative work overseeing the operations of the Development Department, which includes the Administrative Division, Building Division, Community Standards Division, and Planning and Zoning Division. CITY of DORAL — 8401 NW 53rd Terrace Doral FL 5/2006 to 8/2019 Positions Held: Director of Code Compliance, Assistant Director / Chief of Code Compliance Highly responsible management and complex professional administrative work planning, organizing, staffing, directing, and controlling the activities of the City's Code Compliance Department which is a 7 day almost 24-hour operation. UNITED STATES NAvY—Various Locations (Foreign/ Domestic9/2001 to 9/2005 Petty Officer Third Class Two (2) Middle East deployments totaling approximately 20 months - Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). Over twelve (12) personal and unit medals/awards/commendations during four (4) years of honorable active duty service (2001 - 2005). Page 1006 of 1147 12.A. Legal 10/18/2022 Requested Action by Commission: Proposed Ordinance No. 22-018 - First Reading - Approve modifications (CDRV 22-005) amending the Part III LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article 111. Exterior Building and Site Standards (CDRV 22-005), to include requirements for commercial frontage. Explanation of Request: The proposed amendments encompass requirements for minimum percentages of commercial frontage along specific rights-of-way. These amendments will contribute to the establishment of viable storefronts and commercial spaces appropriate to the scale and fabric of the built environment along key corridors within the City. The following table provides a summary of the amendments being proposed: Overlay Zone/Mixed-Use 50% Commercial 70% Commercial Frontage Required, District Frontage Required Remaining for Active Frontage Martin Luther King Jr. N/A Martin Luther King Jr. Boulevard Boulevard Overlay Federal Highway between SE 18th Avenue and Martin Luther King Jr. Urban Commercial District N/A Boulevard; Overlay Ocean Avenue west of SE/NE 6th Street; Boynton Beach Boulevard west of Federal Highway Cultural District Overlay N/A E Ocean Avenue east of N Seacrest Boulevard Boynton Beach Boulevard N/A W Boynton Beach Boulevard and N Overlay Seacrest Boulevard Federal Highway; Downtown Transit-OrientedOcean Avenue between SE/NE 6th Development District Overlay SE 4th Street Street and Seacrest Boulevard; and Boynton Beach Boulevard, west of Federal Highway Old Boynton Road and Congress Avenue, Boynton Beach Suburban Mixed -Use Zoning Winchester Park Boulevard and Gateway Boulevard Boulevard This item was scheduled for the September 27th, 2022 Planning & Development Board meeting, but was rescheduled to the Special meeting on October 12th, 2022. How will this affect city programs or services? N/A Fiscal Impact: N/A Page 1007 of 1147 Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description Ordnance appiroving airneindirneints k..) II.....IC FR D Oirdinaince Chqptegirs 1, 3 and 4 ir'E�'gairding Coirnirneir-dial Firointage D Staff Report ntag Staff lRepoid, C ID FR V 22 005 (.1.oirnirneircial F:e D Afta(,.,[uneint Calc:: FRV 2;x..005 Fliroposed Code Airriendirneints D Exhibit E)diiblt A FRights of Way Map D Aftac[iirneint Staff Page 1008 of 1147 I 2 ORDINANCE NO. 22-018 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 1, 7 ARTICLE II. USE DEFINITIONS, CHAPTER 3. ZONING, AND CHAPTER 4, 8 ARTICLE III. EXTERIOR BUILDING AND SITE STANDARDS (CDRV 22-005), 9 TO INCLUDE REQUIREMENTS FOR COMMERCIAL FRONTAGE; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the proposed amendments encompass requirements for minimum 15 percentages of commercial frontage along specific rights-of-way. These amendments will 16 contribute to the establishment of viable storefronts and commercial spaces appropriate to 17 the scale and fabric of the built environment along key corridors within the city; and 18 WHEREAS, the City Commission of the City of Boynton Beach has considered the 19 recommendations and has determined that it is in the best interest of the citizens and 20 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 21 Development Regulations as contained herein. 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 23 OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing whereas clauses are true and correct and are now ratified 25 and confirmed by the City Commission. 26 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1, 27 General Administration, Article II Definitions are hereby amended as follows: 28 CHAPTER 1. GENERAL ADMINISTRATION 3t, 30 ARTICLE II. DEFINITIONS 31 32 ACCESSORY USE - See "Use, Accessory." 33 ACRE - Land or water consisting of forty-three thousand, five hundred sixty (43,560) 34 square feet. 1 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordinance.Docx Page 1009 of 1147 it 36 no 0 T_ Ip _Fses1-W. -W—M.... 37 floor- ACTIVE/COMMERGIAL USE feEluir-ement by ineltidint, -a! ------- 38 the general publie stich as retail, festatir-ants, bars, enter-tainment, per -s A s-eff-vi-e-es, 39 and live wer-k. Resident only service amenifies stteh as lounges, gyms, commen r-eams, 40 and f eer-eat' iay be included in addition to the above uses. 41 42 43 .......... WIN 01 W. 46 ACTIVE USES ON GROUND FLOOR - Resident -only serving amenities such as lounges, 47 gyms, common rooms, and recreational spaces. This also includes entrances to 48 individual dwelling units that inCOrDorate features such as Dorches. StOODS, landings. or 49 foundation plantings within the adjacent pedestrian zone active area.. 50 ADDITION - An expansion, extension, or increase in the usable space within a 51 building or facility. 52 ... 53 COLOCATION - The practice of installing and operating multiple wireless carriers, 54 service providers, and/or radio common carrier licensees on the same antenna 55 support structure or attached wireless communication facility using different and 56 separate antenna, feed lines and radio frequency generating equipment. 57 COMMERCIAL FRONTAGE - The Dortion of the ground floor of a building which 58 contains commercial uses fronting specific rights -of -waw 59 COMMERCIAL TRUCK - A truck defined as such by the rules of the Florida 60 Department of Highway Safety and Motor Vehicles. 61 COMMERCIAL USES ON GROUND FLOOR - Uses serving the general public such as 62 retail, restaurants, bars, entertainment, personal services, and offices. 63 64 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3. 65 Zoning, is hereby amended as follows: 66 CHAPTER 3. ZONING 67 ... 68 ARTICLE 111. ZONING DISTRICTS AND OVERLAY ZONES S:\CA\0rdmances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordmance.Docx Page 1010 of 1147 70 Sec. 4. SMU Mixed -Use Suburban District. 71 A. General. 72 1. Purpose and Intent. The purpose of the SMU zoning district is to implement the 73 mixed use low (MXL) and development of regional impact (DRI) future land use map 74 (FLUM) classifications of the Comprehensive Plan. In order to guide the redevelopment 75 and envisioned growth of the suburban area, the SMU zoning district requires a 76 diversity of land uses, accommodating a mixture of residential, office, retail, 77 recreational, and other miscellaneous uses. Ideally, the SMU district is intended to 78 supplant the PCD district for new developments and projects to encourage vibrant 79 commercial centers thrQIWh the inclusion of residential uses and well-planned mixed 80 use projects designed in accordance with smart growth principles and best planning 81 practices. Densities of such developments shall be no greater than twenty (20) 82 dwelling units per acre. This mix of uses may be arranged either vertically or 83 horizontally within low -to -mid -rise developments. The review of SMU applications will 84 emphasize aesthetics and design quality, and physical compatibility with adjacent land 85 uses. The specific objectives of the SMU district are as follows: 86 a. Support and enhance development and redevelopment efforts in suburban 87 areas outside of the downtown redevelopment area; 88 b. Create major new mixed use areas in planned locations with appropriate 89 densities, heights, and mixture of uses; 90 c. Create attractive pedestrian environments through appropriate separation 91 from and design of vehicular circulation areas; 92 d. Provide public plazas and gathering places that are both well-designed and 93 integrated into the overall design of the development; 94 e. Allow flexibility in architectural design and building bulk, while maximizing 95 compatibility and harmony with adjoining development; 96 f. Create higher quality environments for residents, businesses, employees, and 97 visitors; and 98 g. Encourage innovative design that achieves vertical and horizontal integration 99 of uses. 100 101 2. Prerequisite Location Standards. The SMU district creates an opportunity to 102 promote sustainability with respect to land use, energy conservation and resource 103 management. Rezoning to the SMU district is encouraged for proposed development or 104 redevelopment on lands that are in close proximity to existing infrastructure, public 105 and alternative transportation routes and modes, employment centers, community 106 areas, or have sustained or are complicated by environmental contamination. S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordinance.Docx Page 1011 of 1147 107 The SMU district shall only be applicable to lands located west of I-95 on assembled 108 parcels along rici al arterials. 110 D. Building and Site Regulations. 111 1. Building and Site Regulation (Table 3-21). SUBURBAN MIXED- Types of Uses USE (SMU) DISTRICT Building/Site Residential Multi- Other Uses (includes Regulations Single -Family Family Mixed -Use) (Attached or Detached) Density (dwelling units 20 20 N/A per acre) Project Area, SMU district - 10 acres Minimum: Lot Area per unit, Flexible 12 Flexible 12 10,000 Minimum (square feet): Lot Frontage, Flexible 12 100 100 Minimum (feet): Living Area, Minimum 1,200 750 750 A/C (square feet): Floor Area Ratio N/A N/A 2.5' (FAR), Maximum: Structure Height, 357 357 35' Minimum (feet): Structure Height, 35 554° 8 554° 8 Maximum (feet): Build -to -line (feet): Front: 101 102' 3, 4 1 Q3, 4, 5 Building Setbacks, Minimum (feet): Side: 15 corner 10 end 104 04,12 Rear: Flexible 12 154 Flexible 4,12 Usable Open Space, 30%9,10 20%9,11 20%9,11 Minimum (square feet): S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordmance.Docx Page 1012 of 1147 Minimum Commercial Building Frontage at Build -to Line 13,14, 15 N Congress Avenue, 70%" - W Bovnton Beach Blvd, Gateway Boulevard Old Bovnton Road (Congress Ave to West 50% City Limits) , Winchester Park Boulevard 113 1. Porches may be placed forward of the build -to line and shall maintain a minimum 114 two (2) -foot setback from any public sidewalk. Porches shall be placed outside of clear 115 sight triangle. Minimum setback for a garage facing or accessing the street is twenty 116 (20) feet. Where less than twenty (20) feet, garage access required from side or rear. 117 118 12. To be determined on a case by case basis, depending on the overall project design. 119 13. Minimum commercial buildina frontage must be located at the required build -to 120 line. 121 14. Exemptions to required frontage include provisions for access, public usable open 122 space, and site visibility triangles. 123 15. Commercial frontage must have a minimum depth of forty (40) feet and a 124 minimum ceiling height of thirteen (13) feet. 0 127 128 Sec. 8. Overlay Zones. 129 A. Martin Luther King Jr. Boulevard Overlay. 130 131 1 Use(s). 132 a. Commercial Frontage Recjurequired commercial s frontin Y irements. The - naces- g 133 the following rights-of-way shall be a minimum of forty (40) feet in depth and a 134 minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage 135 include provisions for access, public usable open space, and site visibility triangles. 136 (1) Seventy percent (70%) of the ground floor frontage of structures fronting 137 Martin Luther King Jr. Boulevard must consist of Commercial Uses at the build -to line. S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordinance.Docx Page 1013 of 1147 EtTarmWr.% PIM 10 2S.'rtN.'t'iS+J:l:�Z7T:lt 142 ub. Uses shall be determined by the underlying zoning district, see "Use Matrix 143 Table 3-28" in Chapter 3, Article IV, Section 3.D., with the except of the following 144 prohibited uses: 145 (1) Dwelling, single-family (detached); 146 (2) Dwelling, two-family (duplex); 147 (3) Automobile rental; 148 (4) Automotive, major repair; 149 (5) Automotive, minor repair; 150 (6) Auto/car wash, self -serve bay; 151 (7) Auto dealer, new; 152 (8) Auto dealer, used; 153 (9) Auto/car wash (polishing, waxing, detailing); 154 (10) Automotive window tinting/stereo installation/alarms; 155 (11) Drive-through facilities; 156 (12) Gasoline station; 157 (13) Group homes Type I, II, III, and IV; 158 (14) Adult entertainment. 159 lbc. Any other automobile -oriented uses not listed above are prohibited. 160 (1) An "automobile -oriented use" shall be construed as a business which has a 161 principal purpose of servicing an automobile or consists of a building type or feature 162 which is designed for an automobile, such as drive-through facilities. 1163 ed. Live -work units are permitted, but may not front MLK Jr. Boulevard and do 164 not replace the required Commercial Uses on ground floor. 1165 ed. Additionally, no legally existing use shall be deemed non -conforming as a 166 result of the MLKBO regulations. 167 168 B. Urban Commercial District Overlay. 169 170 S. Use(s). 1W-NOWL � 6 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordmance.Docx Page 1014 of 1147 175 (1) Seventy percent C70%)of the ground floor frontage of structures fronting 176 the portion of Federal Highway between SE 18th Avenue and Martin Luther Kingi—r. 177 Boulevard, the portion of Ocean Avenue west of SE - INE 6th Street, and./or the portion of 178 Boynton Beach Boulevard west of Federal Highway, must consist of Commercial Uses 179 at the build -to line. The remainder of the ground floor frontage along the portion of 180 Federal Highway between SE 181h Avenue and Martin Luther King Jr. Boulevard, the 181 portion of Ocean Avenue west of SEINE 6th Street, or the portion of Boynton Beach 182 Boulevard west of Federal Highwa� not occupied by Commercial Uses must consist of 183 Active Uses at the build -to -line. 184 46. Building and Site Regulations (Table 3-27). Development within this overlay 185 shall be in accordance with building and site regulations applicable to the underlying 186 zoning district except as follows: 187 188 C. Cultural District Overlay. 189 ... 190 4. Uses. 191 — a. Commercial Frontage Requirements. The required commercial spaces froril 192 the following rights-of-way shall be a minimum of forty [40) feet in depth and a 193 minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage 194 include provisions for access, public usable open space, and site visibility triangles. 11 so I I I AI • 200 -ab. Uses shall be determined by the underlying zoning district, see "Use Matrix 201 Table 3-28" in Chapter 3, Article IV, Section 30, with the exception of the following 202 prohibited uses: 203 (1) Dwelling, Single-family (detached); 204 (2) Dwelling, Two-family (duplex); 205 (3) Auto Broker; 206 (4) Automobile Rental; 207 (5) Automotive, Major Repair; 208 (6) Automotive, Minor Repair; 209 (7) Auto/Car Wash, Self -serve Bay; 210 (8) Auto Dealer, New; 211 (9) Auto Dealer, Used; 212 (10) Automotive Parts Store; 213 (11) Auto/Car Wash (Polishing, Waxing, Detailing); 214 (12) Automotive Window Tinting/Stereo Installation/Alarms; S:\CA\0rdmances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordmance.Docx Page 1015 of 1147 215 (13) Drive-thru facilities; 216 (14) Day & Trade Labor Pool (Temporary Help); 217 (15) Boat Dealer/Rental; 218 (16) Cleaning Supply Store (Swimming Pool, Janitorial); 219 (17) Convenience Store; 220 (18) Gasoline Station; 221 (19) Showroom warehouse (single -product line); 222 (20) Merchandise, Used (Other); 223 (21) Merchandise, New (Supercenter, Discount, Department, Club); 224 (22) Home Improvement Center; 225 (23) Coin-operated Laundry; 226 (24) Funeral Home; 227 (25) Pet Care (Boarding and Daycare); 228 (26) Cemetery; 229 (27) Church; 230 (28) Civic & Fraternal Club/Organization; 231 (29) Group homes Type I, II, III, and IV; 232 (30) College, Seminary, University; 233 (31) School, Primary and Secondary; 234 (32) School, Industrial & Trade; 235 (33) Shooting Range, Indoor; 236 (34) Adult entertainment; 237 (35) Temporary employment agency; 238 (36) Tutoring or Testing Center; 239 (37) Private Parking Lots; and 240 (38) Social service agency. 241 lbc. Any other automobile -oriented uses not listed above are prohibited. 242 (1) An "automobile oriented use" shall be construed as a business which has a 243 principal purpose of servicing an automobile or consists of a building type or feature 244 which is designed for an automobile, such as drive-thru facilities. 1245 ed. Live -work units are permitted, but may not front East Ocean Avenue or 246 Seacrest Boulevard. 1247 -de. School, Professional & Technical schools are limited to those that teach the 248 culinary and visual arts. 249 ef. Additionally, no legally existing use shall be deemed non -conforming as a 250 result of the CDO emulations. 251 252 D. Boynton Beach Boulevard Overlay (BBBO). 253 ... 254 4. Uses. a S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordmance.Docx Page 1016 of 1147 followingthe r 1' a minimum of torty (.4-f.1 feet in deDth and a minimum of thirteen [131 feet in ceiling height. Exemptions to required fronta e include i)rovisions for access, i)ublic usable oi3en wace, and site visibility triangles. WMA 0,11" ._` 1 4 Beach Boulevard and /or Seacrest Boulevard at the b 1 Boynton Beach Boulevard .nd/or Seacrest Boulevard Activeof 1. d Y, Y, 265 a. Uses shall be determined by the underlying zoning district, see "Use Matrix 266 Table 3-28" in Chapter 3, Article IV, Section 3.D., with the exception of the following 267 prohibited uses: 268 (1) Accessory Dwelling Unit; 269 (2) Dwelling, Single-family (detached); 270 (3) Dwelling, Two-family (duplex); 271 (4) Auto Broker; 272 (5) Automobile Rental; 273 (6) Automotive, Major Repair; 274 (7) Automotive, Minor Repair; 275 (8) Auto Dealer, New; 276 (9) Auto Dealer, Used; 277 (10) Automotive Parts Store; 278 (11) Auto/Car Wash, Self -serve Bay; 279 (12) Auto/Car Wash (Polishing, Waxing, Detailing); 280 (13) Automotive Window Tinting/Stereo Installation/Alarms; 281 (14) Drive-thru facilities; 282 (15) Day and Trade Labor Pool (Temporary Help); 283 (16) Boat Dealer/Rental; 284 (17) Cleaning Supply Store (Swimming Pool, Janitorial); 285 (18) Convenience Store; 286 (19) Gasoline Station; 287 (20) Furniture and Home furnishing, unless integrated into a mixed use 288 development; 289 (21) Showroom warehouse (single -product line); 290 (22) Merchandise, Used (Other); 291 (23) Merchandise, New (Supercenter, Discount, Department, Club); 292 (24) Home Improvement Center; 293 (25) Coin-operated Laundry; 294 (26) Funeral Home; 295 (27) Pet Care (Boarding and Daycare); 296 (28) Cemetery; 297 (29) Church; 298 (30) Civic and Fraternal Club/Organization; S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordinance.Docx Page 1017 of 1147 299 (31) Group homes Type I, II, III, and IV; 300 (32) College, Seminary, University; 301 (33) School, Primary and Secondary; 302 (34) School, Industrial and Trade; 303 (35) Shooting Range, Indoor; 304 (36) Adult entertainment; 305 (37) Temporary employment agency; 306 (38) Social service agency; and 307 (39) All industrial uses. 308 13c. Any other automobile -oriented use not listed above is prohibited. 309 (1) An "automobile oriented use" shall be construed as a business which has a 310 principal purpose of servicing an automobile or consists of a building type or feature 311 which is designed for an automobile. 1312 ed. Live -work units are permitted, but may not front Boynton Beach Boulevard or 313 Seacrest Boulevard. 1314 fie. Additionally, no legally existing use shall be deemed non -conforming as a 315 result of the BBBO regulations. 316 ... 317 E. Downtown Transit -Oriented Development District (DTODD) Overlay. 318 X19 4. Usets) Allowed. 1 , ,i Frontage commercial The required spaces I..h. height.;21 the following rights-of-way shall be a minimum of forty RO) feet in depth and a ;22 minimum of thirteen (13) feet in ceiling Exemptions to required frontage include provisions for access, public usable open space, and r visibility triangles. '124 (1) Sevenjy (70%) of the ground floor frontage of structures fronting Federal �25 Highway, the portion of Ocean Avenue between SE -INE 6th Street and Seacrest Boulevard, Beach Boulevard west of Federal Highway, '27 must consist of Commercial Uses at the build -to line. The remainder of the Eround floor ';28 frontage along Federal Highway, the portion of Ocean Avenue between SE -INE 6th — ';29 Street and-jor Seacrest Boulevard, portion of Boynton Beach Boulevard ,I WiL-.1M/.-Y 10t OCCUDiedW Co -1111 , 11 ;st co-tsist ofil.ctivee 1 X31 build -to -line. ,32 (2) Fifty percent r of the ground floor frontage4th '33 Street must consist of Commercial Uses at the build -to line. X34 b. For the DTODD, allowed uses are based on the underlying zoning district. See ;35 "Use Matrix," Table 3-28 in Chapter 3, Article IV, Section 3.D. 10 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordmance.Docx Page 1018 of 1147 336 337 Section 4. City of Boynton Beach Land Development Regulations, Chapter 4, 338 Article III, Exterior Building and Site Design Standards is hereby amended as follows: 339 CHAPTER 4. SITE DEVELOPMENT STANDARDS 341 ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS 9111% 343 Sec. 6. Design Standards for Development in Urban Areas. 344 45 D. Standards for Windows. Windows shall be located at pedestrian scale. A minimum 46 of 70% of windows on the front or side facades shall be transparent. The remaining 47 30% mav be ODaa e, provided that the followinLy conditions are et: .•a. Window construction using opaque glass shall aDDear identical to the • .is t . t4 1 — b. Opaque windows shall not be superficially attached to the wall; 51 — c. Opaque windows shall not be perceptibly different in texture, color, or transparent52 reflectivity than the glass of the 353 354 355 Section S. Each and every other provision of the Land Development Regulations 356 not herein specifically amended, shall remain in full force and effect as originally adopted. 357 Section 6. All laws and ordinances applying to the City of Boynton Beach in 358 conflict with any provisions of this ordinance are hereby repealed. 359 Section 7. Should any section or provision of this Ordinance or any portion 360 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 361 affect the remainder of this Ordinance. 362 Section 8. Authority is hereby given to codify this Ordinance. 363 Section 9. This Ordinance shall become effective immediately. 364 FIRST READING this 18th day of October, 2022. 365 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordmance.Docx Page 1019 of 1147 mist 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 SECOND, FINAL READING AND PASSAGE this day of November, 2022. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley 12 VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Commercial Frontage) - Ordinance.Docx Page 1020 of 1147 REQUEST: Approve modifications (CDRV 22-005) amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article III. Exterior Building and Site Standards (CDRV 22-005), to include requirements for commercial frontage. OVERVIEW The proposed amendments encompass requirements for minimum percentages of commercial frontage along specific rights-of-way. These amendments will contribute to the establishment of viable storefronts and commercial spaces appropriate to the scale and fabric of the built environment along key corridors within the city. EXPLANATION & PROPOSED AMENDMENTS The current building and site regulations applicable to the mixed-use zoning districts and overlays require pedestrian -friendly design, storefronts along the sidewalk, and a mixture of active and commercial uses along key corridors, including Boynton Beach Boulevard, Ocean Avenue, Martin Luther King Jr. Boulevard and Federal Highway. In order to promote the construction of mixed- use developments that activate the street, the code generally requires these developments to provide for active and commercial uses on the ground floor of buildings that front an arterial roadway. The code also requires that the buildings occupy the entire length of the street frontage. Currently, the code does not provide a specific percentage of required commercial frontage and minimum design standards. Additionally, the code allows applicants to satisfy the existing Active/Commercial Use requirement by establishing residential service -type uses such as lounges, gyms, common rooms, and recreational spaces. The lack of clear commercial frontage standards limits staff's ability to require an adequate amount of viable commercial spaces along key corridors. It also creates the possibility of commercial spaces that lack sufficient depth and/or width, resulting in vacant storefronts. Additionally, while active uses are allowed to meet the existing Active/Commercial Use requirement and are preferred in limited circumstances, they are not appropriate in more intense corridors as they may not generate the same level of pedestrian activity that would be generated by commercial uses and do not provide the services needed to support the surrounding neighborhood. Page 1021 of 1147 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-014 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan, AICP, LEED AP �a� Planning and Zoning Director FROM: Andrew Meyer, Senior Planner Luis Bencosme, Senior Planner DATE: September 27, 2022 REQUEST: Approve modifications (CDRV 22-005) amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article III. Exterior Building and Site Standards (CDRV 22-005), to include requirements for commercial frontage. OVERVIEW The proposed amendments encompass requirements for minimum percentages of commercial frontage along specific rights-of-way. These amendments will contribute to the establishment of viable storefronts and commercial spaces appropriate to the scale and fabric of the built environment along key corridors within the city. EXPLANATION & PROPOSED AMENDMENTS The current building and site regulations applicable to the mixed-use zoning districts and overlays require pedestrian -friendly design, storefronts along the sidewalk, and a mixture of active and commercial uses along key corridors, including Boynton Beach Boulevard, Ocean Avenue, Martin Luther King Jr. Boulevard and Federal Highway. In order to promote the construction of mixed- use developments that activate the street, the code generally requires these developments to provide for active and commercial uses on the ground floor of buildings that front an arterial roadway. The code also requires that the buildings occupy the entire length of the street frontage. Currently, the code does not provide a specific percentage of required commercial frontage and minimum design standards. Additionally, the code allows applicants to satisfy the existing Active/Commercial Use requirement by establishing residential service -type uses such as lounges, gyms, common rooms, and recreational spaces. The lack of clear commercial frontage standards limits staff's ability to require an adequate amount of viable commercial spaces along key corridors. It also creates the possibility of commercial spaces that lack sufficient depth and/or width, resulting in vacant storefronts. Additionally, while active uses are allowed to meet the existing Active/Commercial Use requirement and are preferred in limited circumstances, they are not appropriate in more intense corridors as they may not generate the same level of pedestrian activity that would be generated by commercial uses and do not provide the services needed to support the surrounding neighborhood. Page 1021 of 1147 Page 2 Commercial Frontage CDRV 22-005 Staff's proposed amendments include requiring certain percentages of commercial frontage along key arterial rights-of-way. The following table provides a summary of the amendments being proposed: Overlay Zone/Mixed-Use 50% Commercial 70% Commercial Frontage District Frontage Required Required, Remaining for Active Frontage Martin Luther King Jr. N/A Martin Luther King Jr. Boulevard Boulevard Overlay Federal Highway between SE 18th Avenue and Martin Luther King Jr. Boulevard; Urban Commercial District N/A Ocean Avenue west of SE/NE 6th Overlay Street; Boynton Beach Boulevard west of Federal Highway Cultural District Overlay N/A E Ocean Avenue east of N Seacrest Boulevard Boynton Beach Boulevard N/A W Boynton Beach Boulevard and N Overlay Seacrest Boulevard Federal Highway; Downtown Transit -Oriented Ocean Avenue between SE/NE 6th Development District SE 4th Street Street and Seacrest Boulevard; Overlay and Boynton Beach Boulevard, west of Federal Highway Suburban Mixed -Use Old Boynton Road and Winchester Park Congress Avenue, Boynton Beach Zoning Boulevard Boulevard and Gateway Boulevard *The table has been visualized in a map format in Exhibit A. In order to ensure quality commercial space is provided, the proposed amendments require commercial spaces to meet specific design standards, including a minimum depth of forty (40) feet and a minimum ceiling height of thirteen (13) feet. The proposed design standards are consistent with industry standards and are similar to adopted regulations of several neighboring municipalities, including West Palm Beach and Delray Beach. Specific exemptions to commercial frontage are also being proposed, including provisions for vehicular access, public usable open space, and site visibility triangles. In addition, definitions defining active and commercial uses on the ground floor are being refined to assist in accurate interpretation of the code. 2 Page 1022 of 1147 Page 3 Commercial Frontage CDRV 22-005 CONCLUSION/RECOMMENDATION Staff recommends Approval of the subject amendments to the Land Development Regulations to support the establishment of quantifiable commercial frontage requirements and design standards. Attachments Page 1023 of 1147 PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE II. DEFINITIONS ACCESSORY USE - See "Use, Accessory." ACRE - Land or water consisting of forty-three thousand, five hundred sixty (43,560) square feet. ACTIV //`l1MAAERCIAT USES ON ('_Dl1UND FLOOR 1. Mixed use ffejeets within up -h -an M -W -ed use zoning distr-iets will meet gFG-1-1-nd fl -A -A -F publie stieh as retail, restaurants, baf s, entertainment-, personal ser-viees, and live wor-k. Resident only service amenities such as lounges, gyms, commen r-aefns, and Feer-eation 2. Residential eniy pfejeets Nvithin tir-ban mixed use zoning distr-iets will meet ACTIVE features may be combined with building amenities such as lounges, gyms, common , ACTIVE USES ON GROUND FLOOR - Resident -only serving amenities such as lounges, gyms, common rooms, and recreational spaces. This also includes entrances to individual dwelling units that incorporate features such as porches, stoops, landings, or foundation plantings within the adjacent pedestrian zone active area.. ADDITION - An expansion, extension, or increase in the usable space within a building or facility. COLOCATION - The practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antenna, feed lines and radio frequency generating equipment. COMMERCIAL FRONTAGE - The portion of the ground floor of a building which contains commercial uses fronting specific rights-of-way. COMMERCIAL TRUCK - A truck defined as such by the rules of the Florida Department of Highway Safety and Motor Vehicles. Page 1024 of 1147 COMMERCIAL USES ON GROUND FLOOR - Uses serving the general public such as retail, restaurants, bars, entertainment, personal services, and offices. CHAPTER 3. ZONING ARTICALE III. ZONING DISTRICTS AND OVERLAY ZONES Sec. 4. SMU Mixed -Use Suburban District. A. General. 1. Purpose and Intent. The purpose of the SMU zoning district is to implement the mixed use low (MXL) and development of regional impact (DRI) future land use map (FLUM) classifications of the Comprehensive Plan. In order to guide the redevelopment and envisioned growth of the suburban area, the SMU zoning district requires a diversity of land uses, accommodating a mixture of residential, office, retail, recreational, and other miscellaneous uses. Ideally, the SMU district is intended to supplant the PCD district for new developments and projects to encourage vibrant commercial centers through the inclusion of residential uses and well-planned mixed use projects designed in accordance with smart growth principles and best planning practices. Densities of such developments shall be no greater than twenty (20) dwelling units per acre. This mix of uses may be arranged either vertically or horizontally within low -to -mid -rise developments. The review of SMU applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. The specific objectives of the SMU district are as follows: a. Support and enhance development and redevelopment efforts in suburban areas outside of the downtown redevelopment area; b. Create major new mixed use areas in planned locations with appropriate densities, heights, and mixture of uses; c. Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas; d. Provide public plazas and gathering places that are both well-designed and integrated into the overall design of the development; e. Allow flexibility in architectural design and building bulk, while maximizing compatibility and harmony with adjoining development; f. Create higher quality environments for residents, businesses, employees, and visitors; and Page 1025 of 1147 g. Encourage innovative design that achieves vertical and horizontal integration of uses. 2. Prerequisite Location Standards. The SMU district creates an opportunity to promote sustainability with respect to land use, energy conservation and resource management. Rezoning to the SMU district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The SMU district shall only be applicable to lands located west of I-95 on assembled parcels along principal arterials. D. Building and Site Regulations. 1. Building and Site Regulation (Table 3-21). SUBURBAN MIXED- Types of Uses USE (SMU) DISTRICT Building/Site Residential Multi- Other Uses (includes Regulations Single -Family Family Mixed -Use) (Attached or Detached) Density (dwelling units 20 20 N/A per acre) Project Area, SMU district - 10 acres Minimum: Lot Area per unit, Flexible' Flexible12 10,000 Minimum (square feet): Lot Frontage, Flexible' 100 100 Minimum (feet): Living Area, Minimum 1,200 750 750 A/C (square feet): Floor Area Ratio N/A N/A 2.56 (FAR), Maximum: Structure Height, 357 35' 357 Minimum (feet): Structure Height, 35 554° s 554° s Maximum (feet): Page 1026 of 1147 Build -to -line (feet): Front: 101 102 ' 3, 4 103, 4, 5 Building Setbacks, Minimum (feet): Side: 15 corner 10 end 104 04,12 Rear: Flexible 12 154 Flexible 4,12 Usable Open Space, Minimum (square feet): 30%9,10 20%9,11 20%9,11 Minimum Commercial Building Frontage at Build -to Line 13,14, is N Congress Avenue, 70%6 W Boynton Beach Blvd, Gateway Boulevard Old Boynton Road (Congress Ave to West 50% City Limits), Winchester Park Boulevard 1. Porches may be placed forward of the build -to line and shall maintain a minimum two (2) -foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is twenty (20) feet. Where less than twenty (20) feet, garage access required from side or rear. 12. To be determined on a case by case basis, depending on the overall project design. 13. Minimum commercial building frontage must be located at the required build -to line. 14. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles. 15. Commercial frontage must have a minimum depth of forty (40) feet and a minimum ceiling height of thirteen (13) feet. 16. The remainder of the building frontage along the corresponding right-of-way shall be occupied with Active Uses. Sec. 8. Overlay Zones. A. Martin Luther King Jr. Boulevard Overlay. Page 1027 of 1147 3. Use(s). a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of forty (40) feet in depth and a minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles. (1) Seventy percent (70%) of the ground floor frontage of structures fronting Martin Luther King Jr. Boulevard must consist of Commercial Uses at the build -to line. The remainder of the ground floor frontage along Martin Luther King Jr. Boulevard not occupied by Commercial Uses must consist of Active Uses at the build -to -line. ab. Uses shall be determined by the underlying zoning district, see "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D., with the except of the following prohibited uses: (1) Dwelling, single-family (detached); (2) Dwelling, two-family (duplex); (3) Automobile rental; (4) Automotive, major repair; (5) Automotive, minor repair; (6) Auto/car wash, self -serve bay; (7) Auto dealer, new; (8) Auto dealer, used; (9) Auto/car wash (polishing, waxing, detailing); (10) Automotive window tinting/stereo installation/alarms; (11) Drive-through facilities; (12) Gasoline station; (13) Group homes Type I, II, III, and IV; (14) Adult entertainment. -bc. Any other automobile -oriented uses not listed above are prohibited. (1) An "automobile -oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile, such as drive-through facilities. ed. Live -work units are permitted, but may not front MLK Jr. Boulevard and do not replace the required Commercial Uses on ground floor. e -d. Additionally, no legally existing use shall be deemed non -conforming as a result of the MLKBO regulations. B. Urban Commercial District Overlay. Page 1028 of 1147 5. Use(s). a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of forty (40) feet in depth and a minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles. (1) Seventy percent (70%) of the ground floor frontage of structures fronting the portion of Federal Highway between SE 18th Avenue and Martin Luther King Jr. Boulevard, the portion of Ocean Avenue west of SE/NE 6th Street, and/or the portion of Boynton Beach Boulevard west of Federal Highway, must consist of Commercial Uses at the build -to line. The remainder of the ground floor frontage along the portion of Federal Highway between SE 18th Avenue and Martin Luther King Jr. Boulevard, the portion of Ocean Avenue west of SE/NE 6th Street, or the portion of Boynton Beach Boulevard west of Federal Highway not occupied by Commercial Uses must consist of Active Uses at the build -to -line. -56. Building and Site Regulations (Table 3-27). Development within this overlay shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: C. Cultural District Overlay. 4. Uses. a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of forty (40) feet in depth and a minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles. (1) Seventy (70%) of the ground floor frontage of structures fronting Ocean Avenue must consist of Commercial Uses at the build -to line. The remainder of the ground floor frontage along Ocean Avenue not occupied by Commercial Uses must consist of Active Uses at the build -to -line. f-Fentage of Oeean Avenue. nb. Uses shall be determined by the underlying zoning district, see "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1), with the exception of the following prohibited uses: (1) Dwelling, Single-family (detached); (2) Dwelling, Two-family (duplex); (3) Auto Broker; (4) Automobile Rental; (5) Automotive, Major Repair; (6) Automotive, Minor Repair; (7) Auto/Car Wash, Self -serve Bay; Page 1029 of 1147 (8) Auto Dealer, New; (9) Auto Dealer, Used; (10) Automotive Parts Store; (11) Auto/Car Wash (Polishing, Waxing, Detailing); (12) Automotive Window Tinting/Stereo Installation/Alarms; (13) Drive-thru facilities; (14) Day & Trade Labor Pool (Temporary Help); (15) Boat Dealer/Rental; (16) Cleaning Supply Store (Swimming Pool, Janitorial); (17) Convenience Store; (18) Gasoline Station; (19) Showroom warehouse (single -product line); (20) Merchandise, Used (Other); (21) Merchandise, New (Supercenter, Discount, Department, Club); (22) Home Improvement Center; (23) Coin-operated Laundry; (24) Funeral Home; (25) Pet Care (Boarding and Daycare); (26) Cemetery; (27) Church; (28) Civic & Fraternal Club/ Organization; (29) Group homes Type I, II, III, and IV; (30) College, Seminary, University; (31) School, Primary and Secondary; (32) School, Industrial & Trade; (33) Shooting Range, Indoor; (34) Adult entertainment; (35) Temporary employment agency; (36) Tutoring or Testing Center; (37) Private Parking Lots; and (38) Social service agency. bc. Any other automobile -oriented uses not listed above are prohibited. (1) An "automobile oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile, such as drive-thru facilities. ed. Live -work units are permitted, but may not front East Ocean Avenue or Seacrest Boulevard. -de. School, Professional & Technical schools are limited to those that teach the culinary and visual arts. e_f. Additionally, no legally existing use shall be deemed non -conforming as a result of the CDO emulations. Page 1030 of 1147 D. Boynton Beach Boulevard Overlay (BBBO). 4. Uses. a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of forty (401 feet in depth and a minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles. (1) Seventy (70%) of the ground floor frontage of structures fronting Boynton Beach Boulevard and/or Seacrest Boulevard must consist of Commercial Uses at the build - to -line. The remainder of the ground floor frontage along Boynton Beach Boulevard and/or Seacrest Boulevard not occupied by Commercial Uses must consist of Active Uses at the build -to -line. G.„M---mer,.;-,i Uses on ra fle,.,r shall be Fequivedd e") the stave ,+ fri en-Aage of nb. Uses shall be determined by the underlying zoning district, see "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D., with the exception of the following prohibited uses: (1) Accessory Dwelling Unit; (2) Dwelling, Single-family (detached); (3) Dwelling, Two-family (duplex); (4) Auto Broker; (5) Automobile Rental; (6) Automotive, Major Repair; (7) Automotive, Minor Repair; (8) Auto Dealer, New; (9) Auto Dealer, Used; (10) Automotive Parts Store; (11) Auto/Car Wash, Self -serve Bay; (12) Auto/Car Wash (Polishing, Waxing, Detailing); (13) Automotive Window Tinting/Stereo Installation/Alarms; (14) Drive-thru facilities; (15) Day and Trade Labor Pool (Temporary Help); (16) Boat Dealer/Rental; (17) Cleaning Supply Store (Swimming Pool, Janitorial); (18) Convenience Store; (19) Gasoline Station; (20) Furniture and Home furnishing, unless integrated into a mixed use development; (21) Showroom warehouse (single -product line); (22) Merchandise, Used (Other); (23) Merchandise, New (Supercenter, Discount, Department, Club); (24) Home Improvement Center; (25) Coin-operated Laundry; Page 1031 of 1147 (26) Funeral Home; (27) Pet Care (Boarding and Daycare); (28) Cemetery; (29) Church; (30) Civic and Fraternal Club/Organization; (31) Group homes Type I, II, III, and IV; (32) College, Seminary, University; (33) School, Primary and Secondary; (34) School, Industrial and Trade; (35) Shooting Range, Indoor; (36) Adult entertainment; (37) Temporary employment agency; (38) Social service agency; and (39) All industrial uses. -bc. Any other automobile -oriented use not listed above is prohibited. (1) An "automobile oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile. ed. Live -work units are permitted, but may not front Boynton Beach Boulevard or Seacrest Boulevard. -de. Additionally, no legally existing use shall be deemed non -conforming as a result of the BBBO regulations. E. Downtown Transit -Oriented Development District (DTODD) Overlay. 4. Use{s) Allowed. a. Commercial Frontage Requirements. The required commercial spaces fronting the following rights-of-way shall be a minimum of forty (401 feet in depth and a minimum of thirteen (13) feet in ceiling height. Exemptions to required frontage include provisions for access, public usable open space, and site visibility triangles. Cl) Seventy (70%) of the ground floor frontage of structures fronting Federal Highway, the portion of Ocean Avenue between SE/NE 6th Street and Seacrest Boulevard, and/or the portion of Boynton Beach Boulevard west of Federal Highway, must consist of Commercial Uses at the build -to line. The remainder of the ground floor frontage along Federal Highway, the portion of Ocean Avenue between SE/NE 6th Street and/or Seacrest Boulevard, and the portion of Boynton Beach Boulevard west of Federal Highway not occupied by Commercial Uses must consist of Active Uses at the build -to -line. (2) Fifty percent (50%) of the ground floor frontage of structures fronting SE 4th Street must consist of Commercial Uses at the build -to line. Page 1032 of 1147 b. For the DTODD, allowed uses are based on the underlying zoning district. See "Use Matrix," Table 3-28 in Chapter 3, Article IV, Section 3.1). CHAPTER 4. SITE DEVELOPMENT STANDARDS ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS Sec. 6. Design Standards for Development in Urban Areas. D. Standards for Windows. Windows shall be located at pedestrian scale. A minimum of 70% of windows on the front or side facades shall be transparent. The remaining 30% may be opaque, provided that the following conditions are met: a. Window construction using opaque glass shall appear identical to the transparent windows: b. Opaque windows shall not be superficially attached to the wall: c. Opaque windows shall not be perceptibly different in texture, color, or reflectivity than the glass of the transparent windows. Page 1033 of 1147 Page 1034 of 1147 o nnno ilii o000000i o nnni 00 onnnnnni � nnnnnnn nnnnnnn Ix w ti 4- 0 co O r N cm (6 .............. I co 4-a E c 4-a 2.2 E 0 (D 0 ..... .... 0 0 ........... >s 0 c ................ :t� C) a) (n I .............. > M - ........... (D 0. 0 '� iii 4— 4- 0 0 0 0 m 0 x cu ........... ... 0 L) E > 0 0 cu .0 1110 (D ........... 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Legal 10/18/2022 Requested Action by Commission: Proposed Ordinance No. 22-019 - First Reading - Approve an ordinance of the City of Boynton Beach Florida amending Article I I of Chapter 18 of the Boynton Beach Code of Ordinances entitled Employees' Pension Plan amending section 18-145 City of Boynton Beach Investment Policy for General Employees' Pension Fund; providing for codification conflict severability and an effective date. Explanation of Request: The current ordinance has the investment policy imbedded within it. The purpose of amending this Ordinance is to define parameters through a separate policy in order to provide more flexibility for review by the General Pension Board on a regular basis and update with the fluctuation or necessity that the contemporaneous market demands. This Statement of Investment Policy is intended to complement the investment guidelines provided in applicable State Statutes and local ordinances. How will this affect city programs or services? Allow the investment manager for the General Pension Fund to diversify and balance the portfolio of assets within the guidelines set forth in the policy rather than the Ordinance. The Policy will be filed with the Department of Management services, plan sponsor and actuary upon approval. Fiscal Impact: None Alternatives: Not amend the ordinance and leave the investment language as it currently e)asts. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1042 of 1147 Ty pe Oirdinainc(.,a, Description Oirdinainc(..� appiroving Amendment Lo linvestimentIC: olhic lnve�stirneint lFlollicy Page 1043 of 1147 1 2 ORDINANCE 22-019 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA 5 AMENDING ARTICLE II OF CHAPTER 18 OF THE BOYNTON BEACH 6 CODE OF ORDINANCES ENTITLED EMPLOYEES PENSION PLAN 7 AMENDING SECTION 18-145 CITY OF BOYNTON BEACH INVESTMENT 8 POLICY FOR GENERAL EMPLOYEES' PENSION FUND; PROVIDING FOR 9 CODIFICATION CONFLICT SEVERABILITY AND AN EFFECTIVE DATE. 10 11 WHEREAS, the Board at the advice of the Investment Consultant has recommended 12 changes to the Investment Policy governing the Board's investments; 13 WHEREAS, the Board of Trustees ("Trustees") of the Employees' Pension Plan of the 14 City of Boynton Beach Florida Pension Plan recommends amendment of Article II, Section 18- 15 145 of the Plan to add the approved investment policy to the Code; and 16 WHEREAS the City Commission of the City of Boynton Beach Florida desires to so 17 amend the Employees' Pension Plan of the City of Boynton Beach Florida 18 19 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH FLORIDA 21 22 Section 1. The foregoing WHEREAS clauses are hereby certified as being true 23 and correct and are incorporated herein by this reference. 24 Section 2. Section 18-145 of Article II of Chapter 18 of the Boynton Beach Code 25 of Ordinances is hereby amended as follows: 26 Sec. 18-145. City of Boynton Beach Investment Policy for General Employees' Pension Fund. 27 (a) General. The Board of Trustees of the Boynton Beach General Employees' Pension 28 Fund has established this Statement of Investment Policy. This policy has been identified by 29 the Board as having the greatest expected investment return, and the resulting positive 30 impact on asset values, funded status, and benefits, without exceeding a prudent level of 31 risk. The Board determined this policy after evaluating the implications of increased Page 1044 of 1147 32 investment return versus increased variability of return for several _a Ru ffl e -F ^f potential 33 investment policies with varying commitments to different asset classes StOEI(s and bonds. 34 (b) Purpose. This Statement of Investment Policy is intended to complement the 35 investment aujdeljnes provided in applicable State Statutes, and local ordinances. 36 The purpose to this Statement is to: 37 (1) Provide the investment manager a more accurate understanding of the trustees' 38 investment objectives; and 39 (2) Indicate the criteria by which the investment manager's performance will be 40 evaluated 41 c) General Objectives. The primary investment objective of the Boynton Beach 42 General Employees' Pension Fund is to achieve the absolute return objective over the 43 near-term, intermediate-term and longer-term time periods. The secondary ob'eci objective 44 is to achieve moderate Iona -term real arowth of the assets while minimizing the 45 volatility of returns. To achieve these objectives. the Board of Trustees seeks to create 46 a conservative, well diversified and balanced portfolio of asset classes mana eaea d inin 47 separate accounts, mutual funds, commjnaled�, and/or limited partnerships. The 48 Board has determined that one or more outside investment managers shall be 49 retained to assure that all investments are managed en both a prudent and 50 professional manner and in compliance with the stated investment guidelines—The 51 Board of Trustees will make direct investments in fund structured investments and 52 acknowledges that no guidelines ma by a imposed on these investments. 53 LE) Investment manager responsibilities. 54 (1) Within the guidelines and restrictions set forth herein, it is the intention of the 55 Board to give the investment manager full investment discretion, with respect to assets 56 under its management. The investment manager shall discharge its responsibilities in the 57 same manner as it would if the fund were governed by the fiduciary, responsibility 58 provisions of the Employee -Retirement Income Security Act of 1974 (ERISA). Although the 59 fund trustees acknowledge that ERISA does not apply to a governmental fund, it hereby 60 imposes the fiduciary provisions of ERISA upon each investment manager whose 61 performance shall conform to the statutory provisions, rules, regulations, interpretations, 62 and case law of ERISA. The investment manager shall acknowledge, in writing, that it is a 63 named fiduciary of the fund. 64 (2) Each fie -investment manager is expected to provide any reasonable information 65 requested by the Board of Trustees. At a minimum, each manager shall provide a quarterly 66 report detailing their investment activity, the portfolio's current value, and any changes in 67 investment philosophy or strategy. Each ;�'ie firPA's investment manager is expected to 68 meet with the Board of Trustees or their designated representatives periodically to 69 review investment performance and philosophy. at, earst- A—Tree per year. desig„ated 70 representative �Afiii meet v.fivh the -Re'ard A -f. T.Fustees, at least quarterly. A desigiciated Page 1045 of 1147 73 (3) Unless otherwise provided by the Fund's custodian, each tie investment manager 74 will monitor portfolio activity to minimize uninvested cash balances. 75 (4) Each The investment manager shall be responsible only for those assets under 76 their 4s management. 77 (5) It will be the responsibility of each tlae investment manager to review the monthly 78 valuations provided by the Fund's custodian and to note, in writing, any significant 79 discrepancies from the valuations provided in their own reports. 80 e) Florida Statute 112. 81 82 11 EXPECTED ANNUAL RATE OF RETURN: With consideration to rates of return 83 from different asset classes, the Board of Trustees has crafted its investment program 84 in order to deliver an expected rate of return similar to that of the actuarial assumed 85 rate, The Board shall determine for each actuarial valuation, the total ex ep cted 86 annual rate of return for the current year, for each of the next several years and for 87 the Iona term thereafter. The total expectedannual rate of return is anticipated to be 88 similar to the actuarial assumed rate of return. This determination is to be filed with 89 the Department of Manaaement Services and with the Dian sponsor and consultina 90 actuary. 91 92 2) CONTINUING EDUCATION: The Board of Trustees relies on its consultants and 93 professionals to provide continuing education on pension and investment issues. The 94 Board of Trustees also recognize state and regional conferences as a source of 95 continuing education. The Trustees are encouraged to attend conferences. schools. 96 and other functions periodically in order to fulfill this requirement. 97 98 3) FILING OF INVESTMENT POLICY: The investment policy is to be promptly filed 99 with the Department of Management Services. plan sponsor and consulting actuary. 100 The effective date of the investment Dolicv and anv amendment thereto shall be the 101 31st calendar day following the filing date with the plan sponsor. 102 103 (f) INVESTMENT OBJECTIVES. Given the above stated purpose of the Boynton 104 Beach General Employees' Pension Fund: the Board of Trustees recognizes the 105 necessity of a Iona -term horizon when formulating investment policies and 106 strategies. However, shorter -term investment goals have been established and are 107 intended to provide quantifiable benchmarks to measure and evaluate portfolio 108 return and risk. 109 110 Most investment styles require a full market cycle to allow an investment manager 111 to demonstrate his abilities. A full market cycle is env defined as a three -to -five - 112 year time period. As a result, performance results will be measured over a three -to - Page 1046 of 1147 113 five-year period. Performance over shorter time periods will be monitored as a means 114 of identifying the trend of results. 115 116 The specific investment objectives of the Boynton Beach General Em loovees, 117 Pension Fund are as follows: 118 119 Absolute Return Objectjve: The goal of the Boynton Beach General Employees' 120 Pension Fund shall be to achieve an average annual rate of return greater than 121 the applicable actuarial assumed rate of return net of investment expenses. over 122 the longer term (3 to 5 e 123 124 Market Return Objective: In order to provide a reference of fund return and 125 risk relative to a similar basket of passive assets, the board has developed a 126 "Target Index". The fund's objective is to achieve a rate of return over the Iona 127 term (3 to 5 years). which exceeds the return of a Target Index. 128 129 The Target Index for the Boynton Beach General Employees' Pension Fund 130 0 defined as a 35% investment On the Russell 1000 Stock Index. a 15% 131 investment in the Russell 2000 Stock Index, a 10% investment in the MSCI 132 Europe, Australasia and Far East Stock Index, a 20% investment in the 133 NCREIF Property Index and a 15% investment in the Bloomberg Barclays 134 Ca jtp al Aggregate Bond Index. 135 136 Peer Return Objective: It is expected that the total rate of return earned by the 137 Fund and the returns earned by the stock and bond portions of the portfolio will 138 each rank in the top 50% when compared to a representative universe of other. 139 similarly managed portfolios. 140 (d) General ^Qbe s. 141 142 143 �n�r_���r_*sx�r_r.�_�•r_err_r, _ A 145 balaREed PE)FtfE)I*E) E)f high quality equity, fi)(ed in-Eerne and meney Market SeEWFitieS. 146 Board has deterrigined that ene GF Mere eutside investn9ent FnanageFS Shall _bP_ FP-ta 4 147 assure that P111 investments are Fnanaged on beth a prudent and prefessie-pal manner and 149 (e) licivestmeRt(e)ebjest+veT 150 151 aind elvali_late pertfelie Feturp and Fisk. k4est styles require a full market cycle te 152e is 153 geRerally defined as a three te five year peried. As a resiAt, perfeFmaREe ebjectives will be Page 1047 of 1147 154 m.ee ed er t#ree— ear-peri—as. MA-Aiter+ng SheFter peFieds May be used t� 155 158 159 160 the NCREIP Pre •4 index, and a 25% in the Barclays Capital Aggregate • •• aveFage wheR- - - •: Pension Fund shall be te aEhieve aR average annual rate ef FetHFA gFeater than the abs .• FetUFR ef 8%, ever the lenger term. This abselute return ebjeEtive will be evaluate " 1 Eentext -f the ffevailing investment FnaF!Eet Eend.tiens. 171 172 174 BeyRteR Beach General Empleyees' '- • he—re-te -;;Pd- incerperated he—rein te this eve—rall state-MeRt ef investment pelie�- 177 (e Investment guidelines. 178 (1) The Board of Trustees has established the following target asset allocation for the 179 entire Boynton Beach General Employees' Pension Fund: Target Target Representative Allocation Range Benchmark (at (at market) market) Equity; yes Domestic Large Cap 359,6415% 25% 30% - equity 60% Domestic Small/Mid 15% 5%-20% Russell 1000 Russell 2000/2500 Page 1048 of 1147 QW Foreign equity Total Equity Fixed income & equivalents Fixed income Direct real estate Cash equivalents 101(0-2-% 60% 5%-25% 20% 25-0A 10%28% - 70% 20% 440A 5% - 30% 4§% 0% 0%-10% Bloomberg Barclays Aaa/Int/Int NCREIF Property Index ODCE T-bills 181 It may be necessary to rebalance the portfolio periodically to maintain polio emits 182 and diversification. The Board of Trustees will monitor each component of the 183 Retirement Plan (including asset class. mutual fund, and portfolio manaaer asset 184 values) and will adjust as necessary, at quarterly meetings, Toimplement this strategy. 185 the Board has chosen to hire one or more professional investment managers. The 186 following guidelines and restrictions apply to all fund investments. 187 188 (2) Te implement this strategy- he—Bear-�s�te--h...re—eRe er meFe 189 190 191 guide"Res 7hry YestrietieRs apply +„ all find ;nves+Y, eRts 192 (3) In accordance with the policies established by the Board of Trustees, the 193 assets of the Boynton Beach General Employees' Pension Fund shall be invested in a 194 diversified portfolio of fully negea"I,equity, fixed1REe+ne, and meney-maket 195 securities, funds, or pooled assets, provided they meet the following criteria: 196 a. Equity securities: 197 1. Investments in equity securities shall be limited to no more than 75% at 198 market v.,I,,.,+;^n w 65% at cost valuation of the fund's total asset value; 199 2. All equity investments shall be limited to fully and easily negotiable equity 200 securities; 201 3. Ne tee 5-%--a t Eest value ef-;;A ipve_StR�eRge is equity 202 pertfeIi�•nv- may be-*Rvested rthp -; hires A a snare eerpeFate���'ca'cr; 203 4. Investments in s+�ei foreign securities EempaRies shall be limited to 204 25% (at market) of the total investment portfolio. The Board may achieve Page 1049 of 1147 205 diversification in foreign equity through commingled fund or institutional 206 mutual fund vehicles. These pooled investments are considered an investment 207 in foreign securities. American Depository Receipts (ADRs) and foreign ordinary 208 securities traded on domestic exchanges are United States dollar-denominated 209 securities listed and traded on a United States exchange and are considered part of 210 the ordinary investment strategy of the Board. These securities are not considered 211 foreign securities; 212 4. Exchange traded funds (ETFS) may be utilized but may not exceed 213 10% (at market valuation) of any equity manager's portfolio. 214 5. No more than 20% of the equity securities are to be invested in small 215 or mid -cap stocks. The Board defines small and mid -cap stocks the stocks 216 whose market capitalization is less than $5 billion dollars. -Investment in these 217 E6,=pera- i hose ste ( has been p bl d y traded f.,.- +hay-. ene year are 218 to 15% of the equity r„r+fE)lie; and 219 6. No more than 5% at cost value of an investment manager's a uity 220 portfolio may be invested in the shares of a single a corporate issuer. Equities 221 , 222 223 d4reEtly by investment advisers aFe expeEted to adheFe te the guidelines herein. The 224 BeaFd ifflpliEitly aEEepts the peliEy of a mutual er r-senAmingled fund when it makes a 225 ,nor,,,.+ ; „s+Y, ent 226 b. Fixed income securities: 227 1. The fixed income portfolio shall comply with the following guidelines: 228 (A) The average credit quality of the bond fixed ;pre -Me portfolio shall be 229 rated "A" or higher; and 230 (B) The duration of the fixed income portfolio shall not exceed should be 231 less th'ae 135% of the duration of the market index. The market index is defined as the 232 Bloomberg Barclays Capital Aggregate Bond Index. 233 2. Investments in all corporate fixed income securities shall be limited to: 234 (A) Those securities rated "BBB" shall not exceed 20% of the entire fixed 235 income portfolio. "BAA" er higher by na. edy'Sep bySt char S2, Peer's ra 236 237 r -,h -II be seed _;# the be..eficial „ eFtYR4y-,- 238 (B) 239States, any state eF ergano-zed te-Frite-Fy ef the United States, A -.r the _istri 240 Cee .m.hia7 and Page 1050 of 1147 241 {C} No more than 5% 44% at cost of an investment manager's total fixed 242 income' portfolio shall be invested in the securities of any single corporate issuer. r I • 1 11 s • • 1 1 • 1 • • . MEWIT17W• 1 rII .• 11-1 Lori1• RVA FLLREP• •• •1 1• • •• - • _ I IU111-11 251 252 253 4. There is no limit imposed on investments in fixed income securities issued 254 directly by the United States government or any agency or instrumentality thereof. 255 5. Commingled vehicles managed by the investment adviser may be 256 used to assist with the efficient implementation of portfolio strateay. Fixed 257 258 259 260 261 262 6. Index ETF's may be used for the efficient implementation of _portfolio 263 strategy. 264 c. Real Estate 265 1. Investments in real estate shall not exceed 305Lo(at market valuation) 266 of the value of the total Fund assets. 267 2. All real estate investments shall be made through participation in 268 diversified commingled funds of realrrooperties, These funds shall be broadly 269 diversified as to property type and geography. 270 3. Experienced and professional real property investment managers shall 271 manage all real estate investments 272 273 d. Absolute Return: 274 1. Investments in absolute or real return strategies shall not exceed 20% 275 of the value of the total Fund assets. Page 1051 of 1147 276 2. All absolute or real return investments shall be made throe 277 participation in diversified commingled funds: mutual fund or limi 278 partnership vehicles. ISI liquidity, transparency and low relative fee& P_ 282 e. Private Equity / Private Credit: 283 1. Investments in private equity and credit strategies shall not exceed 284 15% of the value of the total Fund assets. 285 2. All private equity and private credit investments shall be made through 286 participation in diversified limited partnership vehicles. 287 3. The board shall endeavor to consider those investments that offer 288 liquidity, transparency and low relative fees. 289 290f. Cash equivalent securities: 291 1. The investment manager may invest only in the following short-term 292 investment vehicles: 293 (A) The money market or STIF provided by the plan's custodian; 294 (B) Direct obligations of the United States government with a maturity of 295 one year or less; 296 (C) Commercial paper with a maturity of 270 days or less that is rated A-1 297 by Standard & Poor's or P-1 or higher by Moody's; and 298 (D) Bankers acceptances issued by the largest 50 banks in the United States 299 (in terms of total assets). 300 (4) Mutual Funds / Commingled Funds / Limited Partnerships: The 301 Board of Trustees recognizes and accepts that commingled- mutual fund and 302 limited partnership investments will be dictated by the investment policies and 303 guidelines of those funds and that no additional constraints may by a imposed on 304 them. The decision to make a direct investment in any vehicle will only be made 305 by the Board of Trustees after a thorough review of the policies of the 306 governing documents of those funds and after it has been determined that 307 those policies are appropriate and materially consistent with the investment 308 objectives. 309 (54) Prohibited securities investments. Only those derivative securities 310 expressly described herein are permissible. Trading on marain and short selling Page 1052 of 1147 311 are prohibited for separate account man a eaea rs• !Rve,.+.- en+,. ;n iRterest „nly er 312, 313 iRVeStMeRt iR real e5tate, FePUFEha5e agFeeMeRK VeAtUffe Eapital, fUtUM5 EeRtFa4s-, 314 315 PFehibited. investments net speEikally addressed in this seEtien are Eensid 316 . 317 61 Performance Evaluation. The Board of Trustees intends to review 318 investment performance and compliance with stated investment policies on a 319 quarterly basis. 320 (5) Review of policy. It is the intention of the Board of Trustees of the Boynton 321 Beach General Employees' Pension Fund to review this statement of investment policy 322 and its addenda periodically to amend it by polic to reflect any changes in 323 philosophy or objectives. However, if at any time the investment manager believes 324 that the specific objectives defined herein cannot be met or that these guidelines 325 unnecessarily constrict performance, the Board shall be so notified in writing. 326 Section 3. It is the intention of the City Commission of the City of Boynton Beach that the 327 provisions of this Ordinance shall become and be made a part of the Code of Ordinances of 328 the City of Boynton Beach Florida. The Sections of this ordinance may be renumbered re - 329 lettered and the word Ordinance may be changed to Section Article or such other word or 330 phrase in order to accomplish such intention. 331 Section 4. All Ordinances or parts of Ordinances Resolutions or parts of Resolutions in conflict 332 herewith be and the same are hereby repealed to the extent of such conflict. If any clause 333 section or other part or application of this Ordinance shall be held by any court of competent 334 jurisdiction to be unconstitutional or invalid such unconstitutional or invalid part or 335 application shall be considered as eliminated and so not effecting the validity of the 336 remaining portions or applications remaining in full force and effect. 337 Section 5. This Ordinance shall become effective immediately upon adoption provided that 338 the changes approved herein are effective retroactively to May 23, 2022. 339 CITY OF BOYNTON BEACH, FLORIDA 340 341 YES NO 342 343 Mayor — Ty Penserga 344 345 Vice Mayor —Angela Cruz 346 347 Commissioner — Woodrow L. Hay 348 349 Commissioner — Thomas Turkin Page 1053 of 1147 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 C.S ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 1054 of 1147 B o v 4 V 'SO ct yVa v 71 Q ✓ cd V cl O j - It VJ v1 c�a � p v v O V v b D v o� 1 v (n G p G O O v W v 75 v 9, �bq�s�v• II. O W M N .� V O TVi B F�1 Vi j•�j Z u O a�> b�O b.0 cl "`�' V v d ami O /1 O w 42 o. �� vi v S4 -f-4O N v L N O C4 T a r-14 C O v -0 v O+ w 'v' bA ' C V OV 17' o o It r V Y O 'C a(. W py U L7 v c N� z = v vv vdud odU Q)Q)o v rl u w v A bA O p :e a°p i O v .�' v C O v U o g .� p g B v o W G v a o Q y v v v o U N UU" a u� v Qj v W w U u Ct 'V O sv v N m -� ca �' Q v d u v v j:, a o •4= m u O U pq rbc v, v J W R y y� Y v� v 4 w ct a4 v v 4J FVD Vi � .i y i^ .i'y Gd •'d C.� Y S"j c�i b1J WWWWW -V.' U O. 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O D 'O �6 'U a7 � � � C (D N Q to — E ° U .N N C-) m > to (U -a T > N U C Y c; N ca O C (6 > s (6 � C U N N O d E d >o � > (U S N ' > o (v E _ Q O ¢ Q O C ~ � 'O � > N d W a d d O cc O � tll o i U �_ O a � � LL I 12.C. Legal 10/18/2022 Requested Action by Commission: Proposed Ordinance No. 22-020- First Reading - An Ordinance of the City of Boynton Beach Florida amending Article I I I of Chapter 18 of the Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund amending Section 18-164 to provide for pension contributions by drop members; amending Section 18-175 deferred retirement option plan to provide for 8 -year drop; providing for codification conflict, severability, and an effective date. Explanation of Request: The Police Pension Plan Ordinance needs to be amended to reflect negotiated changes to the pension plan as it relates to extending DROP participation from five (5) years to eight (8) years and the associated three percent (3%) employee contributions that will resume in years six through eight of DROP. How will this affect city programs or services? This amended Ordinance will update the necessary language so that proper implementation of the 8 -year DROP for police pension plan participants can occur. Fiscal Impact: There is no fiscal impact to update the Ordinance. [Fiscal impact information was provided and approved in conjunction with the previous passage of the respective PBA collective bargaining agreements on September 22, 2022.] Per the actuarial study provided, this Ordinance will not impact the cost of the Plan during the first year. It is projected to reduce the cost of the Plan in future years of approximately $2.8 million in Total Present Value over the next 30 years. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1066 of 1147 Attachments: Ty pe Ordnance AltachiiTient Description C)irdinaince approving Police IPenslion l..)F.Z(.'YP IPlain Actuiairial Irripact Staleirneint Page 1067 of 1147 I ORDINANCE 22-020 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA 4 AMENDING ARTICLE III OF CHAPTER 18 OF THE BOYNTON 5 BEACH CODE OF ORDINANCES ENTITLED MUNICIPAL POLICE 6 OFFICERS' RETIREMENT TRUST FUND AMENDING SECTION 18- 7 164 TO PROVIDE FOR PENSION CONTRIBUTIONS BY DROP 8 MEMBERS; AMENDING SECTION 18-17S DEFERRED 9 RETIREMENT OPTION PLAN TO PROVIDE FOR 8 YEAR DROP; 10 PROVIDING FOR CODIFICATION CONFLICT, SEVERABILITY, AND 11 AN EFFECTIVE DATE. 12 13 WHEREAS, the City and the Palm Beach County Police Benevolent Association ("Union") 14 have agreed in collective bargaining to provide for an eight-year Deferred Retirement Option 15 Plan ("DROP") and to require contributions for DROP members; and 16 17 WHEREAS, the City Commission of the City of Boynton Beach Florida desires to so 18 amend the Boynton Beach Police Officers Pension Fund. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA: 22 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and 23 correct and are incorporated herein by this reference. 24 Section 2. Section 18-164(b) of Article III of Chapter 18 of the Boynton Beach Code 25 of Ordinances is hereby amended as follows: 26 Sec. 18-164. Creation and maintenance of fund and retirement system. 27 *** 28 (b) The fund shall be maintained in the following manner: 29 30 (1) By payment to the fund of the net proceeds of the .85% excise tax which is 31 imposed by the City of Boynton Beach upon certain casualty insurance companies on 32 their gross receipts of premiums from holders of policies, which policies cover property 33 within the corporate limits of the City of Boynton Beach as authorized in F.S. Chapter 185, 34 amended. These amounts are to be deposited with the Board of Trustees within five days 35 of receipt by the municipality. F.S. Ch. 185. Beginning November of 2017 and ending 36 November of 2021, $30,000.00 of each year's distribution of the insurance premium 1 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\BD110C43-28D6-496A-A64C-D6B1DB4CCB8F\Boynton Beach.35541.1.Ord 22-020 Police Pension - 8 Year DROP Ordinance.Docx Page 1068 of 1147 37 excise tax provided for in this subsection will be used by the City to offset the unfunded 38 actuarial liability of the fund. The remainder of the insurance premium excise tax received 39 each year will be used as set forth in Section 18-169(f) of the plan, which provides for a 40 supplemental benefit as defined in F.S. Section 185.02(22). 41 42 (2) By the payment to the fund of 7% of the salary of each full-time police officer 43 duly appointed and enrolled as a member of the City of Boynton Beach Police 44 Department; which 7% shall be picked up, rather than deducted, by the City of Boynton 45 Beach from the compensation due to the Police Officer and paid over to the Board of 46 Trustees of the Boynton Beach Police Officers' Pension Fund on a bi-weekly basis. All 47 pickup contributions shall be treated as employer contributions for the purposes of 48 determining tax treatment under the Internal Revenue Code of 1986, as amended. All 49 such pick-up amounts shall be considered as employee contributions for purposes of 50 this plan. The percentage deducted from the police officers' salaries are to be deposited 51 with the Board of Trustees immediately. F.S. Ch.185, Boynton Beach Code of Ordinances 52 Sec.18-170. 53 a. Effective the first full payroll period after October 1, 2019, the employee 54 contribution will increase to 7.5%. 55 b. Effective the first full payroll period after October 1, 2020, the employee 56 contribution will increase to 8.0%. 57 C. Effective the first full payroll period after October 1, 2021, the employee 58 contribution will increase to 8.5%. 59 d. The increase in employee contributions provided for in subsections a.- c. will 60 not reduce the City's contribution. The excess City contribution created by those 61 additional contributions will be used to offset the unfunded actuarial liability. 62 e. To fund the monthly supplemental benefit provided for in Sec. 18-169(f), 63 effective October 1, 2001, each police officer shall contribute an additional 1% of salary 64 through twenty years of service. This contribution is picked up rather than deducted 65 under the provisions of Code Sec. 414(h)(2). 66 f. Effective the first full payroll period after December 1. 2022, the 67 members participating in the DROP beyond five (5) years will contribute 3% of their 68 salary beginning with the sixty-first month of DROP participation. 69 (3) By all fines and forfeitures imposed and collected from any police officer because 70 of the violation of any rule and regulation adopted by the Board of Trustees. F.S. Ch. 185. 71 (4) By mandatory payment at least quarterly by the City of Boynton Beach a sum 72 equal to the normal cost and the amount required to fund any actuarial deficiency shown 73 by an actuarial valuation as provided in F.S. Chapter 112, Part VII. F.S. Ch. 185. On an 74 annual basis, the Board of Trustees will evaluate the actuarial assumptions used. 75 (5) By all gifts, bequests, and devises when donated to the fund. F.S. Ch. 185. 76 (6) By all accretions to the fund by way of interest or dividends on bank deposits, or 77 otherwise. F.S. Ch. 185. 2 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\BD110C43-28D6-496A-A64C-D6B1DB4CCB8F\Boynton Beach.35541.1.Ord 22-020 Police Pension - 8 Year DROP Ordinance.Docx Page 1069 of 1147 78 (7) By all other sources or income now or hereafter authorized by law for the 79 augmentation of the Boynton Beach Police Officers' Pension Fund. F.S. Ch. 185. 80 81 Section 3. Section 18-175 (a) Deferred retirement option plan of Article III of Chapter 82 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: 83 Sec. 18-175. Deferred retirement option plan. 84 (a) A deferred retirement option plan ("DROP") is hereby created. 85 (1) Prior to October 1. 2022, the DROP was for a period of 5 years. Members 86 ,,,Teden and,befeFe September30,c v---Q--v"vi-rteelec=t cv- participate -i-rrthe n�DROP 87 aFe subjeEt to the -DROP terms a the k.Jl ed fl,ri r. +his CL,c+iI,A 19 .175 the 88 (2) Members hired ccrvEt�er 1, 2n��-"v.f o-ete•r-A to partTEipatee in 89 PROP are w l-, eEt +., +h., DROP terms as prev.pd& l fAF On. Section 19 -30-0 .,f the Cit of 90 Boynton BeaEh Ce Effective October 1. 2022. all Members are eligible to 91 participate in the DROP for eight (8) years. Members who are already partici a 92 in the DROP on October 1, 2022 will have the option to elect into the eight (8) )rear 93 DROP by comIp eting a�provided for that purpose. This election in the 94 extended eight (8) year DROP is a one-time opportunity. The election toap rticipate 95 in the eight (8) year DROP must be made within 30 days of the second reading 96 this Ordinance. The election will permit the Member to stay in the DROP for up to 97 eightyears, to elect the 7% rate of return, if not already elected, and require the 98 Member to make a 3% employee contribution while participating in the DROP 99 beyond sixty (60) months. Any change in the method of crediting earnings will be 100 effective the first of the month following the date of the election. 101 (b) Eligibility to participate in the DROP is based upon eligibility for normal service 102 retirement in the plan. Members shall elect to participate by applying to the Board of 103 Trustees on a form provided for that purpose. 104 (c) Participation in the DROP must be exercised within the first 25 years of combined 105 credited service. 106 (d) A member shall not participate in the DROP beyond the time of attaining 33 30 107 years of service and the total years of participation in the DROP shall not exceed �hh 108 #+years. FEW example, 109 110 f„r five yeaFs. 111 (2) klle.mhersy.4th 25 years ef r --Ted cedservTEe at time „f .,Y,+r„ shaI�FtiEipat^c yr 112 five year-,. 3 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\BD110C43-28D6-496A-A64C-D6B1DB4CCB8F\Boynton Beach.35541.1.Ord 22-020 Police Pension - 8 Year DROP Ordinance.Docx Page 1070 of 1147 113 (3) Me -M -be."- vVith 26 years A -f r--reditedl SeFViEe at time of eRtry shall only partieoa-te 114 . 115 (e) Upon a member's election to participate in the DROP, he or she shall cease to be 116 a member and is precluded from accruing any additional benefit under the Pension Fund. 117 For all fund purposes, the member becomes a retirant. The amount of credited service 118 and final average salary freeze as of the date of entry into the DROP. Accumulated, 119 unused sick and vacation leave shall be included in the compensation calculation; 120 provided however, that a minimum balance of 120 hours of sick leave and 120 hours of 121 vacation leave shall be maintained by the employee and excluded from this calculation. 122 The retained leave balance, including any additions, shall be distributed at the conclusion 123 of DROP participation and separation from service. DROP participants who remain in 124 the DROP beyond sixty_ (60) months will make a contribution of 3% during their 125 DROP participation beginning with the sixty-first (61) month of participation. 126 (f) Payment shall be made into the employee's DROP account as if the employee had 127 retired from the employ of the city. The amounts paid will be determined in accordance 128 with this Plan and the employee's selection of the payment option. Payments into the 129 DROP will be made monthly over the period the employee participates in the DROP, up 130 to a maximum of 96 450 months. 131 (g) Effective January 1, 2003, DROP participants have the option to select optional 132 methods to credit investment earnings to their account less any outstanding loan 133 balances. The method may be changed each year effective January 1, however, the 134 method must be selected prior to January 1 on a form provided by the Board of Trustees. 135 The methods are: 136 (1) Gains or losses at the same interest rate earned by the Pension Plan; or 137 (2) A guaranteed rate of 7%; or 138 (3) A percentage of the DROP account will be credited with interest gains or losses 139 at the same rate earned by the pension plan and the remaining percentage will be 140 credited with earnings at a guaranteed rate of 7%. The actual percentage shall be 141 selected by the member on a form provided by the Board of Trustees. The total of the 142 two percentages must equal 100%. Employee's DROP accounts will be assessed an 143 administrative fee that is based upon the ratio that the Employee's DROP account bears 144 to the fund as a whole. 145 (4) One -Time Interest Rate Chan ecus-. 146 a. Participants in the DROP, as of December 31, 2002, may change their method 147 for the crediting of earnings. This change in the crediting of earnings is a one - 148 time opportunity. The election to change the method for crediting must be 4 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\BD110C43-28D6-496A-A64C-D6B1DB4CCB8F\Boynton Beach.35541.1.Ord 22-020 Police Pension - 8 Year DROP Ordinance.Docx Page 1071 of 1147 149 made during the month of January 2003. The method, if changed, will be 150 effective February 1, 2003. 151 b- Participants in the DROP; as of October 1; 2022; may change their 152 method for the crediting of earnings. This mid -year change in the 153 crediting of earnings is a one-time opportunity. The election to change 154 the method for crediting must be made within 30 days of the second 155 reading of this Ordinance. The earnings method elected will be effective 156 the first of the month following the election. 157 (h) An employee's participation in the DROP shall terminate at the end of eight Ove 158 years or 33 -34-y ears of service, whichever comes first. Failure to end DROP participation 159 may result in penalties at the discretion of the Trustees, up to and including forfeiture of 160 the DROP account. Upon entering into the DROP, an employee shall file with the Board 161 a binding letter of resignation from city employment. The binding letter of resignation 162 shall establish a deferred termination date in accordance with the limitations of this 163 DROP, which may be amended. 164 (i) All interest shall be credited to the employee's DROP account less any outstanding 165 loan balances on a quarterly basis with quarterly statements provided. In the event that 166 a member dies while in the DROP, interest shall be pro -rated to the last business day of 167 the month preceding the death of the member. 168 0) Upon termination of employment, participants in the DROP will receive the balance 169 of the DROP account in accordance with the following rules: 170 (1) Members may elect to begin to receive payment upon termination of 171 employment or defer payment of DROP until the latest day as provided under sub - 172 subparagraph (3). 173 (2) Payments may be made in the following ways: 174 a. Lump sum. The entire account balance will be paid to or on behalf of the retirant 175 upon approval of the Board of Trustees. 176 b. Installments. The account balance will be paid out to the retirant in five equal 177 annual payments paid over five years, the first payment to be made upon approval of 178 the Board of Trustees. 179 c. Monthly installments. The account balance will be paid out to the retirant on a 180 monthly basis until the account balance is paid out based on actuarial tables provided 181 by the actuary. 182 d. Partial lump sum withdrawals. Part of the account balance will be paid to or on 183 behalf of the retirant upon approval of the Trustees. 5 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\BD110C43-28D6-496A-A64C-D6B1DB4CCB8F\Boynton Beach.35541.1.Ord 22-020 Police Pension - 8 Year DROP Ordinance.Docx Page 1072 of 1147 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 (3) Any form of payment selected by a police officer must comply with the minimum distribution requirements of section 401(A)(9) of the Internal Revenue Code, and is subject to the requirements of Section 18-174(f), e.g., payments must commence by age 72, unless the Member was aae 70.5 before December 31, 2019. [THE REMAINDER OF SECTION 18-175 IS UNCHANGED] Section 4. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach Florida. The Sections of this ordinance may be renumbered re -lettered and the word Ordinance may be changed to Section Article or such other word or phrase in order to accomplish such intention. Section 5. All Ordinances or parts of Ordinances Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. If any clause section or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. This Ordinance shall become effective immediately upon adoption provided that the changes approved herein are effective nunc pro tunc to October 1, 2022. FIRST READING THIS DAY OF , 2022. SECOND, FINAL READING and PASSAGE THIS DAY OF , 2022. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner —Woodrow L. Hay 6 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\BD110C43-28D6-496A-A64C-D6B1DB4CCB8F\Boynton Beach.35541.1.Ord 22-020 Police Pension - 8 Year DROP Ordinance.Docx Page 1073 of 1147 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\BD110C43-28D6-496A-A64C-D6B1DB4CCB8F\Boynton Beach.35541.1.Ord 22-020 Police Pension - 8 Year DROP Ordinance.Docx Page 1074 of 1147 IS September 30, 2022 Mr. Lou Penque Plan Administrator Boynton Police Officers' Pension Fund 2100 N. Florida Mango Road West Palm Beach, FL 33409 RE: Actuarial Impact Statement for Proposed Ordinance for the City of Boynton Beach Municipal Police Officers' Retirement Fund Dear Lou: We have reviewed the proposed ordinance amending the City of Boynton Beach Municipal Police Officers' Retirement Fund (Plan). This ordinance would amend the Plan as follows: • Amending Section 18-164, Creation and Maintenance of fund and retirement system, to provide for member contributions of 3% of their salary after 5 years of DROP participation, beginning with the sixty-first month of DROP participation. • Amending Section 18-175, Deferred Retirement Option Plan, to provide for a maximum DROP participation period of 8 years; to provide for member contributions of 3% of salary following completion of 5 full years in the DROP, beginning with the sixty-first month of DROP participation; to allow DROP participants to make a one-time mid -year change in the method of receiving interest credits on their DROP balances effective October 1, 2022; to change the maximum number of years of service with the City, including the number of years of participation in the DROP, from 30 years to 33 years; and to clarify that the required minimum distribution age under section 401(A)(9) of the Internal Revenue Code is now 72 instead of 70.5. • Amending Section 18-300, Creation of consolidated deferred retirement option plan, to remove police officers from being covered by this Section. It is our opinion that this Ordinance will not impact the cost of the Plan during the first year. However, it is projected to reduce the cost of the Plan in future years to the extent that participants in the DROP extend their DROP participation period beyond 5 years, contributing 3% of salary during such time and to the extent that this reduces the need to hire new police officers as soon (assuming a constant active employee head count is maintained including DROP participants). We have included a 30 -year projection of the required city contributions before and after reflecting the proposed Ordinance changes, in which it is assumed that all police officers will participate in the DROP for the maximum period (either 5 years in the baseline scenario or 8 years under the Plan changes scenario). If only a portion of members elect to remain in the DROP for the full 8 years, then the cost savings amounts we are projecting over the next 30 years will be commensurately lower, relative to the actual percentage of members who elect to remain in the DROP for 8 years (or for a period between 5 and 8 years). This projection was originally prepared at the request of the chairman of the Board of Trustees on July 20, 2022 to study the impact of extending the maximum DROP participation period. Mr. Lou Penque September 30, 2022 Page 2 Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan's funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan's future financial condition include: 1. Investment risk — actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk — actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan's funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk — actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk — members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks — members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. fl�lll� , Mr. Lou Penque September 30, 2022 Page 3 The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board's funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the Board of Trustees for the City of Boynton Beach Municipal Police Officers' Retirement Fund, and is intended for use by the Board, and those designated or approved by the Board. This report may be provided to parties other than the Board only in its entirety and only with the permission of the Board. GRS is not responsible for the unauthorized use of this report. The purpose of this report is to describe the projected financial effect of the proposed Ordinance to change the DROP plan provisions. This report should not be relied on for any purpose other than the purpose described. The calculations in this report are based upon information furnished by the Plan Administrator for the October 1, 2021 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator. The actuarial projections shown herein are deterministic, meaning that throughout the projection period, Plan experience is expected to match the actuarial assumptions, including the assumed investment return on the market value of assets (except that the actual return is assumed to be 0.0% during the fiscal year ending September 30, 2022, and then 6.9% per year thereafter). Throughout the projections, new members are assumed to be hired each year at a rate sufficient to maintain a constant active headcount. New members are assumed to have the same average demographic characteristics (age, gender, salary — adjusted each year by the Plan's assumed rate of inflation, which is 2.5% per year) at their dates of employment as those of current members hired between October 1, 2016 and October 1, 2021 (during the five-year period ending on the most recent actuarial valuation / census data collection date). fl�lll� , Mr. Lou Penque September 30, 2022 Page 4 The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report and in the October 1, 2021 actuarial valuation report dated April 29, 2022. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Peter N. Strong and Israel Bichachi are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. We welcome your questions and comments. Sincerely yours, Peter N. Strong, F , EA, MAAA Senior Consultan and Actuary Israel Bichachi, ASA, MAAA Senior Analyst and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. fl�lll� , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r- � W _4 rq r, m rn m� o r- W rn o -o r- m ry r LLO -d LL11 v m m c^ -I N� N O N N M�'zT ul M M�'zt M M M N r -I ri 0 0 0 0 0 0 0 0 0 0 0 0 0 M N 0 M N N LLn 601 N U) M rl Ln N M W N -i W M n M N 11000 n OO1 M 00 0) o N n M m n r1 6) 6) �^ 1100 � O N M 00 n V N N N 1100 C L 11/1 O M^ M� O LO 00 c -i 00 110' 00 n^ Ln N' N' M n r -i 110 N n n n O 1100' a i N 1100 61 n Ln rl ^ Ln O O n 00 00 N � M M Ln 110 V) Ln -1 O 00 00 00 M r-1 f V M N N M M f V N N r-1 — M m M�'I V V �1 M M ce N 1111991 O O O O O D D O O O O O \\ \ n 00 O M Ln n 6) M Ln 00 MM Ln W 61 0 0 0 0 0 0 0 0 0 0 0 0 0 110 110 n N N n n 00 00 00 00 00 00 M O1 dl 611 Q1 Q1 .-I -- -4 -4 r -I a-1 r-1 r-1 -4 -4 1-1 1-1 -- o M LI 1 -M 11.00 OM 6M1 n M n r,,- r,,, M W n a) N r -I 0000 rm-1 L a) 00 lFD O� W LSO 1100 00 rl c -I O 61 O n Ln n 61 Ln r1 O Ln � M rl r1 O L 00 :3 n 1.11 LD 00 �* N N 00 O 110 00 M M 00 r -I O Ql L11 rj ^ 06 O n N 00 L17 O L11 M O M 116 N M N r- m rrH rLr)m r -I f- N 110 W W ^ N Lin 61 O N M 110 n W O N�* N rl O N M O n M O LD N W S tT rj r -j rl N N N N N N N M M M Ln Ln L!) � V V M M M N N r-1 r-1 0 0 0 0 0 0 0 c L cy)m O o N o O 110 o o N O Ln M cy)o ri U 111 3 N C7 m m O O ri o m m r-1 11 r m lb O Ql O 5 N O O c -I Ln Co 1100 O c -I � c -I 110 n Y M M Ln N O1 O M M Ln � Ln n n N W O 41 110 -zzi- M -i O O o0 M Ln O M M M M M M M M �� -;* ZT L1) L1) Ln Ln Ul L1) L1) L1) Ln Ul Ul L11 � IZ3, M N N r1 r-1 r-1 r-1 r l r-1 r-1 r-1 14 r-1 1-1 11 r l Ol m al m O m m m m N n N O1 m m m ri N lfl m W Ln o 111 " m ztN O m a n M W O n m N m� ri Ln m LO m n o m m N N W m M o N m 00 M m 00 O Ln Ln � u) ll� L' 0) N Ul rn 6) r1 m M m 1100 ri ri N ul o r m M o rn N ri o 110 00 0o M V O O O n M O' 116 116 m N' Ln 116 -i m n Ln V) n m N' n n 6i LD rn Ln r -I M M V M M m� 61 6 r -i oo ai 61 C 0 0 6) 00 r-1 r-1 N N M V Ln 110 rl 6) O r-1 N M r% n n n N� n r n 11D LO LO n n n� M M N N N N N N N N N M M M M -dli - 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D. Legal 10/18/2022 Requested Action by Commission: Proposed Ordinance No. 22-021 - First Reading - An Ordinance of the City of Boynton Beach Florida amending Section 18-300 Creation of Consolidated Deferred Retirement Option Plan to exclude Police Officers and Firefighters and to update for recent changes to the IRS Code; providing for codification conflict, severability, and an effective date. Explanation of Request: With the passage of the recent IAFF and PBA collective bargaining agreements providing for an eight (8) year DROP and subsequent approval by the boards of the Police Pension and Fire Pension plans, the Consolidated DROP Ordinance needs to be amended to remove references to police and fire pension plan members. The General Pension Plan attorney also advised that language needed to be updated to comply with new IRS regulations. How will this affect city programs or services? This amended Ordinance will update the necessary language so that proper implementation of the 8 -year DROP for Police and Fire Pension Plan participants can occur. Fiscal Impact: There is no fiscal impact to update the Ordinance. [Fiscal impact information was provided and approved in conjunction with the previous passage of the respective PBA and IAFF collective bargaining agreements.] Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1080 of 1147 Ty pe Description Cerci nainc(..� ir(,irnmhng Flolic(a and Flir(,.? faro Coinsolidated I ) IR 0 C1 Page 1081 of 1147 1 2 3 4 5 6 7 8 9 10 11 12 and 13 14 ORDINANCE 22-021 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA AMENDING SECTION 18-300 CREATION OF CONSOLIDATED DEFERRED RETIREMENT OPTION PLAN TO EXCLUDE POLICE OFFICERS AND FIREFIGHTERS AND TO UPDATE FOR RECENT CHANGES TO THE IRS CODE; PROVIDING FOR CODIFICATION CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Police and Fire Pension Plans instituted an eight (8) year DROP; and WHEREAS, references to those positions covered under this plan need to be removed; WHEREAS, changes to the IRS Code require updates to the City's Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 15 BOYNTON BEACH, FLORIDA: 16 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and 17 correct and are incorporated herein by this reference. 18 Section 2. Section 18-300 of Article XI of Chapter 18 of the Boynton Beach Code of 19 Ordinances is hereby amended as follows: 20 ARTICLE XI — DEFERRED RETIREMENT OPTION PLAN 21 Sec. 18-300. Creation of consolidated deferred retirement option plan. 22 (a) A city employee deferred retirement option plan ("DROP") is hereby created, 23 amending, implementation, all conflicting provisions in existing DROP plans for general 24 employees, .,r.liEe effiEeF . pll.yee's and fiFe,lresc-ue epnpleye,�. 25 (b) Employees who reach eligibility for normal service retirement in the employee's 26 retirement plan may elect to enter DROP. 27 (c) An employee may elect to participate in the deferred retirement option plan 28 ("DROP") provided they make the election no later than 30 days after reaching their 29 normal retirement date. Notwithstanding the foregoing, upon enactment of this section, 30 employees who have reached normal retirement date and did not enter DROP may make 31 their initial election to participate in the DROP no later than 90 days after the 32 implementation date of this section. Remove Police & Fire from Consolidated DROP - Ord Page 1082 of 1147 33 (d) An election to participate in the DROP plan is irrevocable. 34 (e) Employees may elect to participate by submitting an election to enter DROP to the 35 city's Human Resource Department ("Department") on a form available from the 36 Department for that purpose. On receipt of the election to enter DROP, the Department 37 will notify the administrator of the pension plan in which the employee participates. 38 (f) Participation in the DROP must be exercised within the first 30 years of combined 39 credited service (25 for law ^Af^rr--eFAent effiEers) 40 (g) An employee shall not participate in the DROP for more than five years. 41 (h) Upon an employee's election to participate in the DROP, the employee shall cease 42 to be an employee of the retirement plan and is precluded from accruing any additional 43 benefit under the Pension Fund. For all fund purposes, the employee becomes a retiree 44 (the term retiree and employee herein are synonymous for employees who elect to enter 45 DROP). The amount of credited service and final average salary freeze as of the date of 46 entry into the DROP. 47 (i) Accumulated, unused sick (over 120 hours) and vacation leave (over 120 hours) 48 shall be deemed cashed out and included in the compensation calculation; provided, 49 however, that a minimum balance of 120 hours of sick leave and 120 hours of vacation 50 leave shall be maintained by the employee and excluded from this calculation. The 51 retained leave balance, including any additions, shall be paid to the employee at the 52 conclusion of DROP participation and separation from service. 53 0) DROP plan account shall be established for each employee who elects to 54 participate. These are not actual accounts but nominal accounts and balances are kept 55 as a bookkeeping process. 56 (k) Payment shall be made into the employee's DROP account as if the employee had 57 retired from the employ of the city. Payments into the DROP will be made monthly over 58 the period the employee participates in the DROP, up to a maximum of 60 months 59 PUFSuant te 401 (A)(9) ef the intelFRal Reve.ni-le Cede, payments age 70.5, whiEhever GEELIFS 60 fill -A. 61 (1) An employee's participation in the DROP shall terminate at the end of five years 62 and the employee shall separate from city employment. Upon entering the DROP, an 63 employee shall file with the Board a non -revocable letter of resignation from city 64 employment. The binding letter of resignation shall establish a deferred termination date 65 in accordance with the limitations of this DROP which may be amended if an employee 66 wished to separate from employment earlier than the deferred termination date. 67 (m) All interest shall be credited to the employee's DROP account less any 68 outstanding loan balances on a quarterly basis with quarterly statements provided. In the z Remove Police & Fire from Consolidated DROP - Ord Page 1083 of 1147 69 event that an a employee dies while in the DROP, interest shall be pro -rated to the last 70 business day of the month preceding the death of the employee. 71 (n) During the period of the employee's participation in the DROP plan, the 72 employee's normal retirement benefit shall be accounted for and paid into the 73 employee's DROP plan account. 74 (o) The employee's DROP plan account shall be invested with the retirement plan 75 assets and credited with interest equal to the overall net (earning less costs) investment 76 rate of return on the retirement plan assets during the period of the employee's 77 participation in the DROP plan. Notwithstanding fund performance, the crediting rate 78 will be no less than 0% and no more than 8%. 79 (p) At the conclusion of the retiree's participation in the DROP plan, and as a condition 80 of participating in such plan, the retiree will continue retirement and terminate city 81 employment. The retiree will thereafter receive a normal monthly retirement benefit at 82 the same rate as previously calculated upon entry into the DROP, but the monthly 83 amount will be paid to the retiree and no longer accounted for in the DROP plan account. 84 If the employee does not terminate participation in the DROP plan at the end of the 60- 85 month maximum participation period, no earnings will be credited on the DROP balance 86 and no further DROP deposits will be made. 87 (q) No amount can be paid from the retirement plan until the DROP employee 88 terminates employment. 89 (r) Upon termination, the retiree's DROP plan account will thereafter be distributed to 90 the retiree in a cash lump sum, which can be rolled over or paid in cash unless the retiree 91 elects an alternative distribution (also known as a rollover). Direct rollover may be 92 accomplished by any reasonable means determined by the Pension Board. 93 (s) If a retiree dies before distribution of the retiree's DROP plan account commences, 94 the account balance shall be distributed paid to the retiree's designated beneficiary in a 95 lump sum, which can be rolled over or paid in cash at the beneficiary's discretion. 96 (t) Distribution of an employee's DROP plan account shall begin as soon as 97 administratively practicable following the employee's termination of employment. The 98 employee must elect the distribution within, but in no event later than, 45 days following 99 the employee's termination date. If the employee does not timely request the withdrawal 100 of the asset in the DROP plan, no further earnings will be credited on the DROP balance. 101 (u) Any form of payment selected by the employee must comply with the minimum 102 distribution requirements of the IRC 401(A)(9), which states that payments must 103 commence by age 72, provided that the retiree did not reach age 70 1/2 before 104 December 31, 2019. 105 Remove Police & Fire from Consolidated DROP - Ord 3 Page 1084 of 1147 106 107 Section 3. It is the intention of the City Commission of the City of Boynton Beach that 108 the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of 109 the City of Boynton Beach Florida. The Sections of this ordinance may be renumbered re -lettered 110 and the word Ordinance may be changed to Section Article or such other word or phrase in 111 order to accomplish such intention. 112 Section 4. All Ordinances or parts of Ordinances Resolutions or parts of Resolutions in 113 conflict herewith be and the same are hereby repealed to the extent of such conflict. If any clause 114 section or other part or application of this Ordinance shall be held by any court of competent 115 jurisdiction to be unconstitutional or invalid such unconstitutional or invalid part or application 116 shall be considered as eliminated and so not effecting the validity of the remaining portions or 117 applications remaining in full force and effect. 118 Section 5. This Ordinance shall become effective immediately upon adoption 119 provided that the changes approved herein are effective nunc pro tunc to October 1, 2022. 120 FIRST READING THIS DAY OF , 2022. 121 122 SECOND, FINAL READING and PASSAGE THIS DAY OF , 2022. 123 124 CITY OF BOYNTON BEACH, FLORIDA 125 YES NO 126 127 Mayor — Ty Penserga 128 129 Vice Mayor —Angela Cruz 130 131 Commissioner —Woodrow L. Hay 132 133 Commissioner — Thomas Turkin 134 135 Commissioner —Aimee Kelley 136 137 VOTE 138 4 Remove Police & Fire from Consolidated DROP - Ord Page 1085 of 1147 139 140 141 142 143 144 145 146 147 148 149 150 151 ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Remove Police & Fire from Consolidated DROP - Ord s Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 1086 of 1147 12. E. Legal 10/18/2022 Requested Action by Commission: Proposed Ordinance No. 22-022 - First Reading - Approve modifications (CDRV 22-006) to Part I 11. LAND DEVELOPMENT REGULATIONS amending Chapter 2 Land Development Process, Article I I Planning and Zoning Division Services, Section 1. F to allow for an expiration of abandoned applications and Section 7.G to establish a process for Zoning Interpretations and; Chapter 3. Zoning, Article I I General Provisions Section 11 to create an exemption for City -owned telecommunication towers used for essential services and; Article 111. Zoning Districts and Overlay Zones, Section 2.13 revising the parameters for permitted Administrative Adjustments; Article IV. Use Regulations, Section D, Footnote 23 to revise the regulations for industrial uses on arterial and collector roadways; Chapter 4. Site Development Standards, Article V. Minimum Off -Street Parking Requirements, Section 3.G to include a sustainable parking ratio for select industrial uses. Explanation of Request: Staff is proposing a series of various modifications to the City's Land Development Regulations. The amendments largely focus on clarifying the intent of the existing regulations. The changes are as follows: Allow for the expiration of abandoned applications; Create a process to request Land Development Regulation (Zoning) Interpretations; Allow for an exemption to the Land Development Regulations for emergency facilities and essential services; Adjust regulations for industrial uses permitted on Congress Avenue, and; Adjust Sustainable Parking Reductions to include a reduction for industrial uses. How will this affect city programs or services? Fiscal Impact: Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1087 of 1147 Attachments: Ty pe D Staff FRepoid. D Aftachirrient D Aftac hirnein t Description Ordinaince� appiroving rniinoir airviendirneints k..) the 1....a nd I )fwelopirvient lReguillatioirns Staff IfRepold, E)di I l lIt AR...xt Staff IFliresentalion Page 1088 of 1147 I 2 ORDINANCE NO. 22-022 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 2 LAND 7 DEVELOPMENT PROCESS, ARTICLE II PLANNING AND ZONING 8 DIVISION SERVICES, SECTION 1.F TO ALLOW FOR AN EXPIRATION OF 9 ABANDONED APPLICATIONS AND SECTION 7.G TO ESTABLISH A 10 PROCESS FOR ZONING INTERPRETATIONS AND; CHAPTER 3. ZONING, 11 ARTICLE II GENERAL PROVISIONS SECTION 11 TO CREATE AN 12 EXEMPTION FOR CITY -OWNED TELECOMMUNICATION TOWERS USED 13 FOR ESSENTIAL SERVICES AND; ARTICLE III. ZONING DISTRICTS AND 14 OVERLAY ZONES, SECTION 2.B REVISING THE PARAMETERS FOR 15 PERMITTED ADMINISTRATIVE ADJUSTMENTS; ARTICLE IV. USE 16 REGULATIONS, SECTION D, FOOTNOTE 23 TO REVISE THE 17 REGULATIONS FOR INDUSTRIAL USES ON ARTERIAL AND COLLECTOR 18 ROADWAYS; CHAPTER 4. SITE DEVELOPMENT STANDARDS, ARTICLE V. 19 MINIMUM OFF-STREET PARKING REQUIREMENTS, SECTION 3.G TO 20 INCLUDE A SUSTAINABLE PARKING RATIO FOR SELECT INDUSTRIAL 21 USES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND 22 AN EFFECTIVE DATE. 23 24 25 WHEREAS, Staff is proposing a series of various modifications to the City's Land 26 Development Regulations. The amendments largely focus on clarifying the intent of the 27 existing regulations; and 28 WHEREAS, the City Commission of the City of Boynton Beach has considered the 29 recommendations and has determined that it is in the best interest of the citizens and 30 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 31 Development Regulations as contained herein. 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 33 OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing whereas clauses are true and correct and are now ratified 35 and confirmed by the City Commission. 36 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, Land 37 Development Process, Article II Planning and Zoning Division Services, Section 1.F to allow 38 for an expiration of abandoned applications and Section 7.G to establish a process for Zoning S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, Ch 3 And Ch 4) (Minor Amendments) - Ordinance.Docx Page 1089 of 1147 39 Interpretations are hereby amended as follows: 40 CHAPTER 2. LAND DEVELOPMENT PROCESS 41 ... 42 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES 43 ... 44 Sec. 1. General. 45 ... 46 E. Completeness. If the application is not complete, it shall not be subject to further review 47 until all identified deficiencies have been remedied. The Director of Planning and Zoning or 48 designee may rule that certain items are not required for the review to commence. A 49 determination of completeness shall not constitute a determination of compliance with the 50 substantive requirements of the Comprehensive Plan, the Land Development Regulations, 51 or any other applicable codes. 52 F. Abandonment. Applications which have no activity for a time greater than six months 53 will be considered abandoned and the application will be closed. 54 ®-F. Fees. Fees shall be paid at the time each type of land development application is 55 submitted, according to the fee schedule approved by the City Commission. 56 ... 57 Sec. 7. Other Applications. 58 ... 59 G. Zoning Verification. 60 1. General. The purpose and intent of this subsection is to set forth a uniform 61 procedure for the processing of formal requests from the public for written information from 62 the city on zoning and land development regulations (i.e. zoning verification) or other data 63 associated with real property or the applicable process for development or redevelopment 64 thereof. 65 2. Submittal Requirements. The request shall be represented by a letter describing the 66 desired information and must include any applicable details on the subject property, such 67 as a legal description, site address, property owner, and the like. 68 3. Issuance of Zoning Verification Letter. Staff shall review each request and provide a 69 written response. 71 — 1. General. The purpose and intent of this subsection is to set forth a uniform 72 procedure for the processing of formal requests for Land Development Regulation 73 interpretations. 2 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, Ch 3 And Ch 4) (Minor Amendments) - Ordinance.Docx Page 1090 of 1147 74 — 2. Submittal Reguirements. The reguest shall be represented by a letter describing the 75 desired information,♦'♦` section for which interpretationrequested, and ♦" 76 any applicable details. Issuance of ♦ r ♦ by ♦ k Zoning Director. Staff. each i reguest and provide t written response. 79 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3. 80 Zoning, Article II General Provisions Section 11 to create an exemption for City -owned 81 telecommunication towers used for essential services is hereby amended as follows: 82 CHAPTER 3. ZONING 83 ... 84 ARTICLE II. GENERAL PROVISIONS 85 ... 86 Sec. 11. Municipal Operations and Emergency Facilities, Essential Services and Support 87 Infrastructure. 88 Municipal projects, including emergency facilities, essential services, and related 89 infrastructure, shall be exempt from certain development and site standards, which are 90 limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximum floor - 91 area -ratio (FAR) and building setbacks. City -owned telecommunication towers used for 92 essential services are exempt from the maximum height regulations, but may only be 93 constructed to a height required to achieve the necessary services. The purpose of this 94 exemption is to provide for the necessary flexibility in siting, replacing and maintaining 95 essential public services and infrastructure, and to ensure an expeditious process when 96 necessary. Exempt projects shall be reviewed through the site plan review process for 97 compliance with all other development standards, including the intent of the Land 98 Development Regulations. The review of all municipal projects should ensure that such 99 improvements farther the city's vision and initiatives with respect to sustainability, capital 100 improvements planning, comprehensive planning and redevelopment planning. Eligibility 101 also 1 requires the subject project to be the principal use, and on city -owned property. 102 Municipal facilities, essential services and infrastructure are defined within the Land 103 Development Regulations, Chapter 1, Article II, Definitions. 104 Section 4. City of Boynton Beach Land Development Regulations, Chapter 3. 105 Zoning, Article III. Zoning Districts and Overlay Zones, Section 2.13 revising the parameters for 106 permitted Administrative Adjustments is hereby amended as follows: 107 CHAPTER 3. ZONING 108 ... 109 ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES 110 ... 3 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, Ch 3 And Ch 4) (Minor Amendments) - Ordinance.Docx Page 1091 of 1147 III Sec. 2. Residential Districts. 112 ... 113 B. R -1 -AA Single-family Residential District. 114 ... 115 4. Administrative Adjustments. 116 a. For lots platted prior to August 19, 2008, the following administrative adjustments 117 to the minimum yard setbacks for first floor addition to existing residential structures may be 118 allowed: 119 Front and side yard: 20% reduction* n5'v 120 * e yard Fed GtiOGR Shall e��hle fE)r lats platted GR erarter 6lRe 13, 19 -cmv 121 prier to August st 1 9, 2009 122 Rear yard: 25% reduction 123 These setback reduction provisions shall not supersede any setbacks that are recorded 124 on a plat. 125 b. An administrative adjustment may be granted if any first floor addition follows the 126 building line of a legally nonconforming single-family structure, or a building line previously 127 approved by a variance. 128 c. See limnmis::mir:.mmmmirmJliglllfmIIIIIIm„mmm'iimimm.A. for the administrative adjustment process. 129 5. Accessory Structures. Walls, fences, pools, sheds, screen -roof enclosures, and :r�.l. m.. ., Supplemental 130 other structures are regulated m accordance with limn.d,�L...,! li��ll..........m 131 Regulations. 132 133 134 Section S. City of Boynton Beach Land Development Regulations, Chapter 3. 135 Zoning, Article IV, Use Regulations, Section D, Footnote 23 to revise the regulations for 136 industrial uses on arterial and collector roadways is hereby amended as follows: 137 CHAPTER 3. ZONING 138 ... 139 ARTICLE IV. USE REGULATIONS 140 ... 141 Sec. 3. Use Regulations. 142 ... 143 D. Use Matrix (Table 3-28). 144 ... 4 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, Ch 3 And Ch 4) (Minor Amendments) - Ordinance.Docx Page 1092 of 1147 145 22. General Note. This non -industrial use is allowed within the M-1 district, provided that it 146 1) is located within a multiple -tenant development on a lot that fronts on an arterial 147 roadway; 2) does not exceed five thousand (5,000) square feet; 3) excludes a drive -up, 148 drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of 149 Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory 150 to the sale of new merchandise. 151 23. General Note. This use is on1v allowed on an arterial or collector roadway within 152 the M-1 district provided that the building containing the use does not have frontage on or is 153 in view of Congress Avenue or if the use contains anther+ it has accessory commercial 154 component to the operation which . This establichM8Rt will be required to meets the 155 following criteria: 156 a. Location. The accessory commercial component shall be located within a building 157 situated on a lot that fronts on an arterial or collector roadway; and 158 b. Interior. An indoor showroom of at least two hundred fifty (250) square feet for 159 retail sales shall be required for establishments twenty-five thousand (25,000) square feet 160 or less. An indoor showroom area of at least one percent (1%) of the gross floor area shall 161 be required for establishments greater than twenty-five thousand (25,000) square feet. 162 24. General Note. This non -industrial use is allowed within the PID district provided it 163 is located on a lot that has a Commercial (C) land use option. 164 165 166 Section 6. City of Boynton Beach Land Development Regulations, Chapter 4. Site 167 Development Standards, Article V. Minimum Off -Street Parking Requirements, Section 3.G to 168 include a sustainable parking ratio for select industrial uses is hereby amended as follows: 169 CHAPTER 4. SITE DEVELOPMENT STANDARDS 170 ... 171 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS 172 ... 173 Sec. 3. Special Reductions in Required Off -Street Parking 174 ... 175 G. Parking Reductions for Sustainability. To promote or recognize sustainable design or 176 operation, including increased pervious area, reduced parking fields, promotion of mass 177 transit and uses of renewable energy sources, lower parking requirements will be granted 178 to eligible developments as follows: Use Minimum Number of Required Parking Spaces Building area is based on gross floor area unless specifically expressed otherwise. 5 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, Ch 3 And Ch 4) (Minor Amendments) - Ordinance.Docx Page 1093 of 1147 Efficiency or one (l) -bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per 250 Office - Retail complex 1 per 250 Grocery store 1 per 250 JReseFye - Packing & shipping, trucking, and MLying _ Warehouse, Wholesale, Distribution (Single -tenant building) - Warehouse, Internet sales 179 ' Only represents the base minimum parking rations. Other requirements may also apply 100 including parking for guests and recreation area as describe in other sections of the Land 181 Development Regulations. |82 ... |83 184 Section 7. Each and every other provision of the Land Development Regulations 185 not herein specifically amended, shall remain in full force and effect as originally adopted. 186 Section 8. All laws and ordinances applying to the City of Boynton Beach in 187 conflict with any provisions ofthis ordinance are hereby repealed. 188 Section 9. Should any section or provision of this Ordinance or any portion 189 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 190 affect the remainder ofthis Ordinance. 191 Section 10. Authority ishereby given tocodify this Ordinance. 192 Section 11. This Ordinance shall become effective immediately. 193 FIRST READING this 18th day of October, 2022. 194 6 changesuonAmendment (Ch 2,m3And m4) (Minor Amendments) ommance.Doex Page 1094 of 1147 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 SECOND, FINAL READING AND PASSAGE this day of November, 2022. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2, Ch 3 And Ch 4) (Minor Amendments) - Ordinance.Docx Page 1095 of 1147 TO: Chair and Members Planning & Development Board FROM: Amanda B. Radigan 4,Q W Planning & Zoning Director DATE: September 21, 2022 RE: Approve modifications (CDRV 22-006) to Part III. LAND DEVELOPMENT REGULATIONS amending Chapter 2 Land Development Process, Article II Planning and Zoning Division Services, Section 1.F to allow for an expiration of abandoned applications and Section 7.G to establish a process for Zoning Interpretations and; Chapter 3. Zoning, Article II General Provisions Section 11 to create an exemption for City -owned telecommunication towers used for essential services and; Article III. Zoning Districts and Overlay Zones, Section 2.13 revising the parameters for permitted Administrative Adjustments; Article IV. Use Regulations, Section D, Footnote 23 to revise the regulations for industrial uses on arterial and collector roadways; Chapter 4. Site Development Standards, Article V. Minimum Off - Street Parking Requirements, Section 3.G to include a sustainable parking ratio for select industrial uses. PROPOSED CHANGES • Allow for the expiration of abandoned applications Currently, the City's Land Development Regulations lack standards that allow Staff to formally close an application that has become dormant. The proposed amendment allows staff to close applications after six (6) months of inactivity. This amendment prevents applicants from submitting `new' projects under abandoned applications and helps the City streamline processes in accordance with best practices for recoding keeping. • Create a process to request Land Development Regulation (Zoning) Interpretations The Land Development Regulations currently contain a process for applicants to request a Zoning Verification Letter, however; no process is codified allowing for the Planning & Zoning Director to create a series of Code Interpretations. The proposed process is a valuable internal tool as it permits Staff to draft formal interpretations when code provisions conflict or lack clarity, or permits an applicant to request an interpretation for assurance in the applicability of certain code sections. This process also creates an alternative to requiring repetitive amendments to the Land Development Regulations. • Allow for an exemption to the Land Development Regulations for emergency facilities and essential services The current Land Development Regulations affords exemptions and flexibility to public entities when developing infrastructure such as emergency facilities and essential services. The proposed Page 1096 of 1147 LDR Amendments (CDRV 22-006) Memo PZ No. 22-015 amendment adds City -owned, essential -service telecommunication towers to the current exemptions. • Adjust regulations for industrial uses permitted on Congress Ave The proposed text amendment clarifies the current intent of requiring commercial uses on industrial properties on Congress Avenue. Industrial properties with building frontage on Congress Avenue will continue to be required to have commercial uses fronting the road. However, in certain occasions where buildings are not fronting or visible from Congress Avenue, commercial uses will not be required. • Adiust Sustainable Parking Reductions to include a reduction for industrial uses The Sustainable Parking Regulations currently cannot be utilized by industrial developments. New industrial development typically contains vast amounts of impervious area and minimal pervious area. Additionally, industrial uses are modernizing with the use of technology and are reducing their needs for surplus parking areas. This proposal allows for industrial properties to take advantage of a reduced parking rate if the development complies with the sustainable criteria outlined in the Code. CONCLUSION/RECOMMENDATION Staff recommends APPROVAL of the subject amendments to the Land Development Regulations. -2- Page 1097 of 1147 PART III LAND DEVELOPMENT REGULATIONS CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Sec. 1. General. E. Completeness. If the application is not complete, it shall not be subject to further review until all identified deficiencies have been remedied. The Director of Planning and Zoning or designee may rule that certain items are not required for the review to commence. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of the Comprehensive Plan, the Land Development Regulations, or any other applicable codes. V' aura i �uuu�u llutl ulllu�Iuruu� �Illir Ila Ila :uu u r tluw ul eau a �Vu�u, a �1^u:iuu�u ur��u�l:ll� wullllll: uu�u d, llr° �:i .ubandonrA..and the app.jl adgin 319 13--F. Fees. Fees shall be paid at the time each type of land development application is submitted, according to the fee schedule approved by the City Commission. Sec. 7. Other Applications. G. Zoning Verification. 1. General. The purpose and intent of this subsection is to set forth a uniform procedure for the processing of formal requests from the public for written information from the city on zoning and land development regulations (i.e. zoning verification) or other data associated with real property or the applicable process for development or redevelopment thereof. 2. Submittal Requirements. The request shall be represented by a letter describing the desired information and must include any applicable details on the subject property, such as a legal description, site address, property owner, and the like. 3. Issuance of Zoning Verification Letter. Staff shall review each request and provide a written response. i. uui a °wllo i ul'uo uu by II.::°,"I uuuuuu°uo a% Z.orulno: h ullo o to°pu. II u:u111 l�ria�u il""nl n i �o o:) .e lu �u � " .... � ii��ll�d "II r:9 .. be i.oU:V.lI � D6"V ��':�...a�ll'n�l: 1111�1�� "II�i " rL��' flNs "�U 8 ii v���' �II�"111 � s iatl V set ' ' V'�IPi � �;�.... ....dill i"b. ud999�� 11'�g...dall' �1I111gud delue!sts...:foil II a.If:md IId)ev6llr pll 11!2u 2! II dill Ill ulllo, un uuuleurudofe : tuodois 2 SiI.dP uuduiia� o:�u..uiu�� udu �u����ri:,�:" i he remuest "`ha„ III h)e ureiare eini d Iov a k:qaler die,,cr� t.i�iu="m ilie d:Jesired;;i uudlh:orrnafld�ulin, fl'ie "�od�d e( luo:du��u �foi � Il�uuc[� uudid�:�updud�i�:�����uodu�u u��...!lo"gg2§ o� �:�upddi u��d�.u����i Il 11 uo:lu���:�ru��� �:dll:!I:y �dll�ll2i.!�Ld �dII�W ...0°°i�dlllll'.:��. 3. Issuuallno e id Illudid.ICp 2t uflcua IIo ...III I: unu .jl.u" r"i a uuu:i...112rector. " utl:ulfll s[ia.IIIII aevew e uchae lg!2! �i g!2d peau"Dvjid :. did u u i i &... u d u d 3Ilgll dd :. Page 1098 of 1147 PART III LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING ARTICLE II. GENERAL PROVISIONS Sec. 11. Municipal Operations and Emergency Facilities, Essential Services and Support Infrastructure. Municipal projects, including emergency facilities, essential services, and related infrastructure, shall be exempt from certain development and site standards, which are limited to minimum lot area, minimum lot frontage, maximum lot coverage, maximumfloor-area-ratio FAR and building setbacks. ..I � � r r ry,p ry,pp IIII pp gqyylIlI y q� p II II Y �' "�� N d I W"NP .,;;µIII w q,tl l.,bl,.',p'�i II,,.� ��II IIW, IIII.,II � ry, { � ry v, yr ry �-p ry y, �,+ II II � .II µ � .b � 4��„ " b hlf,�µ 11 II„ �..Rµ III Rq II'µ M_, b are �' . .,�M L II �II �. IIQ �II Il d:,.+1'µ, 1111 u.,M � . µw,.+µ �q tl P u lgy.r�IIIIj II g �:)ins ri,u� ied to NII°::nlr.11l ll�d...11l i11,Jlrl �� tiro I:; Il�u�w�r�,:tIhe Iri l I.. a N. I..pu: a e! .. The purpose of this exemption is to provide for the necessary flexibility in siting, replacing and maintaining essential public services and infrastructure, and to ensure an expeditious process when necessary. Exempt projects shall be reviewed through the site plan review process for compliance with all other development standards, including the intent of the Land Development Regulations. The review of all municipal projects should ensure that such improvements farther the city's vision and initiatives with respect to sustainability, capital improvements planning, comprehensive planning and redevelopment planning. Eligibility also 1 requires the subject project to be the principal use, and on city -owned property. Municipal facilities, essential services and infrastructure are defined within the Land Development Regulations, Chapter 1, Article II, Definitions. Page 1099 of 1147 PART III LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES Sec. 2. Residential Districts. B. R -1 -AA Single-family Residential District. 4. Administrative Adjustments. a. For lots platted prior to August 19, 2008, the following administrative adjustments to the minimum yard setbacks for first floor addition to existing residential structures may be allowed: Front and side yard: 20% reduction* * Side yaFA Feduotio,n Sh-all -only be eligible .1oF lolls platted on oF after June 9 19176 and pFioF to August 9 Rear yard: 25% reduction These setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. An administrative adjustment may be granted if any first floor addition follows the building line of a legally nonconforming single-family structure, or a building line previously approved by a variance. �: fd:fmirm mmirlil,m,,lllmfmmlllmlll mmf,mm'iimmirm4.A. for the administrative adjustment process. c. See ...I��mm�, 5. Accessory Structures. Walls, fences, pools, sheds, screen -roof enclosures, and other structures are regulated in accordance with Qharf I!IE, ,,m mifti,de,V, Supplemental Regulations. Page 1100 of 1147 PART III LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS Sec. 3. Use Regulations. D. Use Matrix (Table 3-28). 22. General Note. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development on a lot that fronts on an arterial roadway; 2) does not exceed five thousand (5,000) square feet; 3) excludes a drive -up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 23. General Note. This use is opNIy allowed on an arterial or collector roadway within the M-1 district provided Ilhl::in lhl::,...Iluiuulll huu:p.."h a ��u�l; �uu�uu1�l...ulln uu� h ung l Ili u�� �'u�;uufl���~,e ��uu �'�u....u'� uuu �.Il.�rv� 1)f.... (oj� u( ss b�..e univa 9' i �l r^ ",�It411 �i � 1,;;1 in hn4 if hnn Y p P the use � ��q accessory commercial component to the operation This esl.ahlinhrw ^,al be required d to meets the following criteria: a. Location. The accessory commercial component shall be located within a building situated on a lot that fronts on an arterial or collector roadway; and b. Interior. An indoor showroom of at least two hundred fifty (250) square feet for retail sales shall be required for establishments twenty-five thousand (25,000) square feet or less. An indoor showroom area of at least one percent (1 %) of the gross floor area shall be required for establishments greater than twenty-five thousand (25,000) square feet. 24. General Note. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C) land use option. Page 1101 of 1147 PART III LAND DEVELOPMENT REGULATIONS CHAPTER 4. SITE DEVELOPMENT STANDARDS ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 3. Special Reductions in Required Off -Street Parking G. Parking Reductions for Sustainability. To promote or recognize sustainable design or operation, including increased pervious area, reduced parking fields, promotion of mass transit and uses of renewable energy sources, lower parking requirements will be granted to eligible developments as follows: Use I Minimum Number of Required Parking Spaces Building area is based on gross floor area unless specifically expressed otherwise. Efficiency or one (l) -bedroom apartment 1.33 Two (2) or more bedroom apartment 1.66 Shopping center 1 per250 Grocery store 1 per250 1 Only represents the haea nnininnunn parking rations. Other requirements may also apply including parking Page 1102 of 1147 qj, m CN C. Q CD IIII w ,,,,,,,,,,,,,,CD, m nnno 0 C. H 1- 4- 0 0 LO 0 r r 12. F. Legal 10/18/2022 Requested Action by Commission: Proposed Ordinance No. 22-023 - First Reading - Amending Chapter 23, Taxation, Assessments and Fees, Article IV, Additional Homestead Exemption, Section 23-54 to increase the additional homestead exemption for lou -income senior citizens from $25,000.00 to $50,000.00; and amending section 23-54 by creating a new Section 23-54(b)(3) to add an additional exemption for low- income long-term senior citizens. Explanation of Request: At the July 19, 2022 City Commission meeting the Mayor requested for staff to draft an ordinance increasing, to the greatest extent available, the additional homestead exemption for low income seniors. Chapter 23, Article IV, Section 23-54 of the City's Code of Ordinance currently allows for a $25,000.00 additional homestead exemption for low income seniors. Florida Statutes Section 196.075 provides authority for a municipality to adopt an ordinance to allow an additional homestead exemption up to $50,000.00 for a person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whose household income does not exceed $20,000.00 (adjusted annually by the percentage change in the average cost -of - living index). In addition to the above, Florida Statutes Section 196.075 (copy attached) provides authority for a municipality to adopt an ordinance to allow an additional homestead exemption for the amount of the assessed value of the property for a person who has the legal or equitable title to real estate with a just value less than $250,000, as determined in the first tax year that the owner applies and is eligible for the exemption, and who has maintained thereon the permanent residence of the owner for at least 25 years, who has attained age 65, and whose household income does not exceed the income limitation prescribed in paragraph (a), as calculated in subsection (3) of the statute. This change will need to be approved by a super -majority vote of the City Commission. How will this affect city programs or services? Fiscal Impact: • (Additional Homestead) 848properties x $50,000= 42,400,000 value of the exemption. Difference is 42,400,000-21,202,503 approximately (21,197,497 it will cost the city in assessed value). Based on our current millage rate, it would be a cost in ad valorem revenues of about $170k per year. • (Low income Senior) 90 properties with an approximate total taxable value of $464,084. Based on our current millage rate, it would be a cost in ad valorem revenues of about $40k per year. Alternatives: 1. Do not approve the additional homestead exemption for low income seniors; 2. Modify the additional homestead exemption provided in the Ordinance; or 3. Choose one of the two exemptions offered. Page 1106 of 1147 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Ty pe D Oirdinaince D Mtadhrn(.,:int Description Ordinance appiroving addiboind1,ioirneste�ad exeirnpboins for Ilow iincon K�' serdoirs F::1oidda Statute 196.075 Additional hoirnestead ex: irnptbin foir peirsoins (55 mind d1deir Page 1107 of 1147 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 ORDINANCE NO. 22-023 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH'S CODE OF ORDINANCES; AMENDING CHAPTER 23 ENTITLED "TAXATION, ASSESSMENTS AND FEES", ARTICLE IV ENTITLED "ADDITIONAL HOMESTEAD EXEMPTION", SECTION 23-54 "ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 AND OLDER" TO AMEND THE AMOUNT OF EXEMPTION FOR LOW INCOME SENIORS FROM $25,000.00 TO $50,000.00 AND PROVIDE AN ADDITIONAL EXEMPTION FOR LOW-INCOME LONG-TERM SENIORS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this Ordinance is adopted in accordance with the delegation of authority pursuant to section 196.075, Florida Statutes, and section 6(d), Article VII of the Florida Constitution; and WHEREAS, pursuant to section 196.075(2) Florida Statutes, the governing authority of any municipality may adopt an ordinance to allow up to $50,000 for a person who has a legal and equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65 and whose household income does not exceed $20,000.00 (adjusted annually by the percentage change in the average cost -of -living index); and WHEREAS, section 196.075(2) Florida Statutes, provides for an additional exemption for low income seniors who have resided in their home for at least 25 years and that the just value of the homestead is less than $250,000.00; and WHEREAS, the City Commission finds that the low income senior citizens of the City would benefit from an increase in the additional homestead exemption allowed by the City of Boynton Beach; and S:\CA\0rdinances\Additiona1 Homestead Exemption For Low Income Seniors - Ordinance.Docx 1 Page 1108 of 1147 30 WHEREAS, The City Commission of the City of Boynton Beach hereby finds that it is 31 in the best interest of the citizens and residents of the City of Boynton Beach, Florida to 32 approve the amendment to the City's Code of Ordinances as contained herein. 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 34 OF BOYNTON BEACH, FLORIDA, THAT: 35 Section 1. The foregoing whereas clauses are true and correct and are now ratified 36 and confirmed by the City Commission. 37 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 23 "Taxation, 38 Assessments and Fees", Article IV, "Additional Homestead Exemption", Section 23-54 is 39 hereby amended as follows: 40 Sec. 23-54. Additional homestead exemption for persons 65 and older. 41 (a) Definitions. 42 (1) Household means a person, or group of persons living together in a room 43 or group of rooms as a housing unit, but the term does not include persons boarding or 44 renting a portion of a dwelling, as defined in Section 196.075(1), Florida Statutes, as 45 amended from time to time. 46 (2) Household income means the adjusted gross income, as defined in s. 62 of 47 the United States Internal Revenue Code, of all members of the household, as defined in 48 Section 196.076(1), Florida Statutes, as amended from time to time. 49 (b) General. 50 (1) The additional homestead exemption set forth in this section shall apply 51 only to taxes levied by the City of Boynton Beach including, if any, dependent special 52 districts and municipal service taxing units. S:ACA\Ordinances\Additional Homestead Exemption For Low Income Seniors - Ordinance.Docx 2 Page 1109 of 1147 53 (2) Any person who meets the requirements set forth in (c) below, shall be 54 eligible for an additional homestead exemption in an amount up—tegf twent�-�efift fty 55 thousand dollars ($2-50,000.00). 59 that the owner applies and. �iseri ible for the exemption, and who has maintained thereon 62 (c) Requirements to obtain additional homestead exemption. Any person who 63 has attained the age of sixty-five (65) years will be entitled to an additional homestead 64 exemption if: 65 (1) The person has legal or equitable title to real estate; and 66 (2) The person maintains thereon the permanent residence of the owner; and 67 (3) The person's household income does not exceed twenty thousand dollars 68 ($20,0[0D0. 69 (4) The taxpayer claiming the exemption shall annually submit 70 a request for the additional exemption herein created to the Palm Beach County Property 71 Appraiser, not later than March 1, a sworn statement of household income on a form 72 prescribed by the Florida Department of Revenue and in accordance with rules of the 73 Florida Department of Revenue. The applicant shall submit copies of any federal income tax 74 returns for the prior year, any wage and earnings statements (W-2 forms), and any other 75 documents which the Florida Department of Revenue finds necessary, for each member of Homestead Exemption For Low Income Seniors ominmncc.Dms 3 Page 1110 of 1147 76 the household, is steed by June 1. The taxpayer's statement shall attest to the accuracy 77 of such copies; and 78 (5) Property appraiser approval. The property appraiser may not grant the 79 exemption without the required documentation. 80 (d) Household income. For the purposes of (c)(3) above, beginning January 1, 81 2001, the twenty thousand dollar ($20,000.00) household income limitation shall be 82 adjusted annually on January 1, by the percentage change in the average cost -of -living in 83 the period January 1 through December 31 of the immediate prior year compared with the 84 same period for the year prior to that. The index is the average of the monthly consumer - 85 price index figures for the stated twelve-month period, relative to the United States as a 86 whole, issued by the United States Department of Labor. 87 (e) If title is held jointly with the right of survivorship, the person residing on the 88 property and otherwise qualifying may receive the entire amount of the additional 89 homestead exemption. 90 Section 3. The City Clerk is authorized and directed to provide a copy of this 91 Ordinance to the Palm Beach County Property Appraiser no later than December 1, 2022. 92 Section 4. Each and every other provision of the City's Code of Ordinances not 93 herein specifically amended, shall remain in full force and effect as originally adopted. 94 Section 5. All laws and ordinances applying to the City of Boynton Beach in 95 conflict with any provisions of this ordinance are hereby repealed. 96 Section 6. Should any section or provision of this Ordinance or any portion 97 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 98 not affect the remainder of this Ordinance. S:\CA\Ordinances\Additional Homestead Exemption For Loki Income Seniors - Ordinance.Docx 4 Page 1111 of 1147 99 Section 7. Authority is hereby given to codify this Ordinance. 100 Section 8. This Ordinance shall become effective immediately. 101 FIRST READING this 18th day of October, 2022. 102 SECOND, FINAL READING AND PASSAGE this day of November, 2022. 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 ATTEST: 119 120 121 122 Maylee De Jesus, MPA, MMC 123 City Clerk 124 125 126 (Corporate Seal) 127 128 129 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:\CA\Ordinances\Additional Homestead Exemption For Low Income Seniors - Ordinance.Docx 5 Page 1112 of 1147 10/4/22.1:06 PM Statutes & Constitution :View Statutes : Online Sunshine Setect Year: 2022 v I§il Th(-.2022111orida Statutes Title MV Q%itt T-tif.,36L�rk-CIMR& TAXATION A14D FINANCE EXEMPTIGN 196.075 Additional homestead exeimption foir per 65 and olden....... (1) As used in this section, theterrn: (a) "HOUsehold" manse ns a person or- group of per'soins tiving together in a rooirri our girGLIP o'f roorns as as housing unit, biut tliie terni does not include persons boardng lin or irenting a portion of the dwelling. (b) "HOLAselNold incorne" means the adjusted giross incorne, as def fined in s 62, of the United t: t:o Illriternal ReveinUe Code, of all members of a househol.d. (2) fin accordance with s. 6(d), Art. VIH of the State Constitution, the Ilboard of county comirnissioners of' airly couinty or the govenning authority of any municipahty may adopt an ordinance to akjw eltheir or, both of the foLlowiing additional homestead exerriptions: (a) Up to $50,000 for a person who has the Legal or equitable title to real estate and maiintains theireon the per-marient residence of the owner, who has attained age 65, and whose Ilhmoarruoimrmiu incoinne does not exceed $20,000. (b) The aimount of 11 -,he assessed value of th Iprolpamirty for a peirson who has the legai or equitabietitle to real estate with, ajust vatue less than $250,000, as determi vied in 'the first 'tax year, that the owner appile's and is eUgible for the exempt ion, and who ha iMaiintained thereon the permanent residence of 'the owrier-four at least 25 years, who has attained age 65, and whose Ihnouusehold incoinne does not exceed the iincorne HirnitaticKi pure scribedin pairagiraph (a):, as caiculated in subsection (3). (3) The $20,000 income Ihnitatiorr shall, lbe adjUsted annually, onJainuary 1, linin the peirceritage change in the average cost -of- living index, in then period January 'I through December 31 ofthe irnrrediate prioir year conipaired with the sain,ie Ilperiod for the year piriorto that. The index is the average of Uhe immmonthly const,iiirrier,,-I)iricea�iiiriidex phi guiresfoir the stated 12 -month period, relativeto the United States as a Whole, !Mled by the United States Department oFLabor. (4) An ordinance granting an additiona[ hornestead exemption as authorized Iby this section rriust meet the followling firma quirements: (a) It rriust lbe adopted under the proceduiresforadoption of a nonernergeincy c)irdiiiriaricespeci,fied'incrhiiallpteiir, 125 by as lboard of county conirnissioners or chapter 166 Iby as rnunicipal governing authority, except that the exemption auithorized by paragraph (2)(b) must be authorized by a snip eir rnajoirity (a irrukjoirity Ilpiais one) vote of tlw rneimbers of the governing body of the COLU)tY oir inunicipatityrn granting suich exeii ption. (b) It urnm.itimtspecify that the exemption appties ointyto taxes levied lint: the unit of P government giranting the eXeqpdoin, Unless otherwise specified 1 the county or rinUnicipality, this exemption will appiy Lo al,l tax tcwles of the count)(oir irniunicipality granting the exerription, incLuding dependent special, districts and ran urricipal service taxing units. (c) it inustspecify the amount of the exerripfloin, which may not exceed the applicable arnouint spectfied in Sail sectioin (2). 1' the county or municipality specifies an different exemption arnoun't for dependeritt special districts or inn uinicipal ser -Oce taxing units, the exernp,doin arnount must be uniforirn in aR dependent, special districts oir niunicipal service taxing units within the county oir irmrunicip afty. (d) it ummut iequire that a taxpayer cLairrflng the exemption tarn the flirst tirne subirrrit to the Ilpirollport2 appiralser, not lateir than March 1, a sworn staternent of holUs&haLd incoirne on a form prescribed IIby the IlDepaartirrein'tof www.leg.state.fl.us/Statutes/index.cfm?App—mode=Display--�Statute&Search—Stdng=&URL=01 00-01 9910196/Sections/01 96.075.htmi Page 1113 91114 10/4/22, 1:06 PM ReveinUe Statutes& Constitution :View Statutes: Online Sunshine (5) The departrnent RIUSt reqUire by rute that the l"Rimph of the statement Ilhe Supported Iby copies o,f any federal fincoirne tax iretamrns for the prior year, any wage and 1earnings stateirnents (W-2 forms), any ireparestformaim extensioin of Unrre to fflle returns, and any other" dIDCUrneints it finds insane ssairy, for each rnernber of the Ihmmmuisehtmh,d, to be sutirnitted for inspection by the property appraiser. The taxpayer's swo rnl staternerit shall attest to the accuraLyrah" the docurnerits arid grant permission to altow review of the doWrnerits if requested Iby Uhe Ilpliropperty appiralser, Once the documeirits have been inspected by the property appraiser, they shall be retUirined tothe taxpayer, orotherwise destroyed. Arrirtually, the property appraiser, shalt notify each taxpayer of the adjusted 'lincoirne Urnitation net forth fin subsection (3). The taxpayer rTILESt notify the piropeirty appraiser by May I if his or her Ihmoaaarehoidincoirne exceeds the most receint adjUsted incorne Urnitation, The piropeirty appralser may conduct raindom audits of the taxpayer's, sworn statement'S to ensure the acmracy of the Ihmou sehold incorne reported. If setectedfoir aucHt, as taxpayeir, shaU execute lintennal Revenue Service Form 8821 or -4506, Whidlr authoirizestem e kiternat Revenue Service 'to release to finformation to the property appraiser's office. AU reviews coriducted in accordaince with this section shalt be cornpLeted on or before June 'I The property appraiser, innay riot grain' t the exemption if the required doctimentatioin requested is not provided. (6) '11he Iboar1d of county cornrnissioners or, rinuinicipal, gover-ning authority imust deliver an copy of: ariyordfinaince adopted uirideir this section to the property appraiseir no hat eirthsin Decernber I o,f the year Ipirior to tlie year, the exerriptloirr 1will t,ake effect. K the oirdinarice i s repealed, the Iboard of couii'ity commissionears or, irmrrmrniilpamh governing authoirity shalt, notify the property appraiser, no later than Deceirnbeir, I of the year, prior to the yearthe exerriptioin expires (7) Tlhose (/persons entitled to the homestead exeirriptionin s. ' I " 96 '.' 0 ' 3'I' may apply for and receive rain additional hoiniestead exovid erre as predinthis sercfloin. Receiof pt the additional hoineste,ad exeryiption provided for lin this section shall be subject to the provisiom,; of at. _I" " 9 ' 6 1 31 and 19 6,,161, if applicable. (8) h title is held joindy with riglht Of survivoirship, the Ipersolinl residling ran the Ilpir.opairty and otheirwise, qUatifying may receive the entire amount of the additional hornestead exeirription. (9) If the property appraiser" deteirrinines that for any year within theirnmediaLely previous '10 years as plersoin who was not entitled to the aiddidonai hornestead exeirription under this sectioin was granted such aiiiii, exernption, 'the property appraiser, shaU, serve upion the owner, as notice of intent to record fin Che rMbUr: recoinds of the couritya notice of tax Lien against any property owned by that person lin the, courinty, aind that(property iirnust Ilse ideintified in the notice of tax lien. Any property that is owned bythetaxpayer and 1S SitUated fin this state ha subject to the taxes exeirripted by the improper- hornestead exemption, plus a penalty of 50 Ilpercent of the unpald taxes for each year" and firiteirest at an rate of 15 percen't (per, annuirn. However, if such an exemption is inipropeirly granted as a reWlt of as cleiricat niistakeor, omrission (pry the, property appiralser', the persoiin who improperly irecehvwed the examptioin may not be assessed a penalty and Interest. Before any such Lien rnay Ibe filed, dime owneir urmmtmnt Ibe given 30 days withiiiiii which to pay thetaxes, peimalties, and interest. Such a IferiiS Subject to the piroceduires aiind provisions net forth in s. .'11.,91.161A,.111.16.1"1.1,(3). Hlstory.--s. 1, dii. 99-3,41; s. 1, ch. 2002-52,; s. 1, ch. 2007-4; s. 26, d1h. 2010-5; s, 1, ch. 2012-57; s. 9, ch ,8:,'0113'"p2; s. 2,7, dN. 2014-17; s. 11, c1h, 2016-121; s,, 33, ch. 2019-3; s� 1, ch. 2021-208. . ... ... ... ... ... ... ... ... ... ... .... -- . . .............. ... ... ... .. - . ..................... . . .... ... . . . . . . ... ... ... ........... . . .............. ............. Copyright 011995-2022 The Roirida ILegp,eapamtrrrrme - Pilvacternent Coint.-Mt .—Y -214--m— —H.21 ............. ... ... ... .. .. ... ... . . ... .... Page 1114 -of 114 www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search-Stflng=&URL=01 00-01 99/0196/Sections/01 96.075.htmi Z/7 12. G. Legal 10/18/2022 Requested Action by Commission: Proposed Ordinance No. 22-024 - First Reading - Approve modifications to reduce building heights in MU -C and MU -4 Zoning Districts (CDRV 22-004) amending Chapter 3. Art III. Sec 1.E Table 3-4. Mixed Use Urban Building and Site Regulations. Explanation of Request: At the request of the City Commission, this staff report outlines information regarding amendments to the maximum permitted height in the Land Development Regulations. Specifically, lowering the maximum permitted building height City-wide to 85 feet. This would affect two zoning districts: MU -C which currently allows a maximum building height of 150 feet, and MU -4 which currently allows a maximum building height of 100 feet. Upon the adoption of the accompanying Ordinance the current building height will be amended to be as follows: MU -1 Urban Mixed Use 45' MU -2 Urban Mixed Use 65' MU -3 Urban Mixed Use 75' MU -4 Urban Mixed Use 80' MU -Core Urban Mixed Use 85' How will this affect city programs or services? Fiscal Impact: Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1115 of 1147 Attachments: Ty pe D Oirdinaince� D Staff D Airneindirneint Description Ordinainc(appiroving Ibulillding tieig1ll airn(.,;indirneint StaffIFR(.upolrl E)dllblt A Fext AlITleindllTlE1Nl'IL,`., Staff F:Ireser-Oabloin Page 1116 of 1147 1 2 ORDINANCE NO. 22-024 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 3. 7 ARTICLE III. SEC 1.E TABLE 3-4. MIXED USE URBAN BUILDING AND SITE 8 REGULATIONS TO REDUCE BUILDING HEIGHTS IN MU -C AND MU -4 9 ZONING DISTRICTS (CDRV 22-004); PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, at the request of the City Commission, staff has provided information 14 regarding amendments to the maximum permitted height in the Land Development 15 Regulations, specifically, lowering the maximum permitted building height City-wide to 85 16 feet; and 17 WHEREAS, this would affect two zoning districts: MU -C which currently allows a 18 maximum building height of 150 feet, and MU -4 which currently allows a maximum building 19 height of 100 feet; and 20 WHEREAS, the City Commission of the City of Boynton Beach has considered the 21 recommendations and has determined that it is in the best interest of the citizens and 22 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 23 Development Regulations as contained herein. 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 25 OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clauses are true and correct and are now ratified 27 and confirmed by the City Commission. 28 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3. Art 29 III. Sec 1.E Table 3-4. Mixed Use Urban Building and Site Regulations are hereby amended as 30 follows: 31 CHAPTER 3. ZONING 32 ... 33 ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES 34 ... 35 Section 1. Overview 36 ... S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3) (Building Height) - Ordinance.Docx Page 1117 of 1147 37 E. Mixed Use Urban Building and Site Regulations (Table 3-4). 38 39 40 41 42 43 44 45 46 47 48 49 50 MIXED USE, URBAN 13,14 MU -1 MU -2 MU -3 MU4 MU -C Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 1002 1502 2002 2002 Structure Ht., Minimum (ft.) 30 30 30 30 30 Maximum Height (ft.)' 45 65 75 804 854 Maximum Density (DUs/Acre)",` 20 40 50 60 80 Maximum F.A.R.11 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 07 07 07 07 07 Interior side 07 07 07 07 07 Building Setback, Minimum (ft.)' Rear abutting: Residential single-family 255/05,6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05 6 255 255 255 255 Usable Open Space, Minimum (sq. ft.)9 N/A N/A 0.5% 1 % 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 4. Any use or structure with height in excess of the height maximum that was in lawful existence or vested with an approved development order at the time of adoption of Ordinance No. _ shall not be construed as nonconforming as a result of Ordinance No. _ and can continue until such time a Major Development Application or Major Site Plan Modification is approved or a Development Order or vested project expires. 5. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. Section 3. Each and every other provision of the Land Development Regulations S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3) (Building Height) - Ordinance.Docx Page 1118 of 1147 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 82 83 84 85 86 87 88 not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this 18th day of October, 2022. SECOND, FINAL READING AND PASSAGE this day of November, 2022. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 3 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3) (Building Height) - Ordinance.Docx Page 1119 of 1147 TO: Chair and Members Planning and Development Board THRU: Amanda Radigan, AICPA W Planning and Zoning Director FROM: Elizabeth Eassa, AICP, Senior Planner; Craig Pinder, Planner II DATE: September 27, 2022 REQUEST: Approve modifications to reduce building heights in MU -C and MU -4 Zoning Districts (CDRV 22-004) amending Chapter 3. Art III. Sec 1.E Table 3-4. Mixed Use Urban Building and Site Regulations. OVERVIEW At the request of the City Commission, this staff report outlines information regarding amendments to the maximum permitted height in the Land Development Regulations. Specifically, lowering the maximum permitted building height City-wide to 85 feet. This would affect two zoning districts: MU -C which currently allows a maximum building height of 150 feet, and MU -4 which currently allows a maximum building height of 100 feet. EXPLANATION & PROPOSED AMENDMENTS History of Height Over the last 20 years, the City has embraced redevelopment planning which has been guided by recommendations adopted within CRA plans. The adopted plans focus on the development of a downtown which included specific emphasis on the topic of height. In the year 2000, when the height maximum City-wide was 100 feet, public workshops were held for the creation of the Federal Highway Corridor Community Redevelopment Plan ("FHCCRP"), which was later adopted in 2001. The City subsequently updated the Land Development Regulations (LDR) to implement the changes recommended in the FHCCRP and established the original MU -H and MU -L zoning districts which increased the maximum height allowed in the City to 150 -feet for MU -H. Mixed use zoning districts were expanded to Boynton Beach Boulevard in 2006 following the adoption of the Boynton Beach Boulevard Corridor Plan, which established recommendations to increase intensity by adding residential components from Interstate 95 (being the lowest level of intensity) to downtown Boynton Beach (being the highest level of intensity). Also in 2006, the FHCCRP was updated which led to further distribution of mixed use heights and densities and established three (3) new districts (MUL-1, MUL-2, and MUL-3) which created lower levels of intensity. The City hosted a series of public workshops in 2016 to consolidate the various redevelopment Page 1120 of 1147 Page 2 Building Height CDRV 22-004 plans, into a single Community Redevelopment Plan (CRA Plan). The LDR was updated in both 2016 and 2017 to further distribute the mixed using zoning districts, per the CRA Plan recommendations. This amendment added MU -4, which provided an intermediate step between the height caps of 75 -feet and 150 -feet within the Mixed Use and Mixed Use Core classifications. There have been no amendments to height regulations since the adoption of MU -4. Currently the maximum height allowed in the City's Urban Mixed Use zoning districts are as follows: MU -1 Urban Mixed Use 45' MU -2 Urban Mixed Use 65' MU -3 Urban Mixed Use 75' MU -4 Urban Mixed Use 100' MU -Core Urban Mixed Use 150' The establishment of the various Mixed -Use zoning districts assisted in the creation of the Downtown Transit Oriented Development ("TOD") District Overlay, which is outlined in and around the site that is anticipated to become a future commuter rail station. TOD's often include a mix of commercial, residential, office and entertainment centered around or located near a transit station. Dense, walkable, mixed-use development near transit attracts people and adds to vibrant, connected communities. Successful TOD's depend on access and density around the transit station. Convenient access to transit fosters development, while density encourages people to use the transit system. On May 17, 2022, by the request of the City Commission, Staff gave a brief presentation at the City Commission Meeting on the City's current building height regulations. To further the discussion, on June 25, 2022, Staff held a public workshop on building height and again presented the materials to the Planning and Development Board. Staff presented four examples for discussion that could be used to address lowering the maximum height permitted City-wide. The four examples are as follows: Example A: Lower height maximum of MU -C from 150 -feet to 85 -feet Lower height maximum of MU -4 from 100 -feet to 80 -feet Example B: Lower height maximum of MU -C from 150 -feet to between 110 -feet and up to 149 -feet Example C: Make no changes to LDRs; Amend Downtown District portion of the CRA Plan; Reduce proposed intensity on select parcels; for example, parcels slated to go to Mixed -Use High could be modified to be slated for Mixed -Use Medium. Example D: Make no changes. The City Commission has provided direction to draft a Land Development Regulation Amendment to implement "Example A". On August 23, 2022, Staff presented the Planning and Development Board with the same presentation provided to the City Commission on June 25, 2022 and requested feedback. The Board's responses varied during discussion ranging from making no changes; lowering maximum building height from 150 feet to 120-125 feet; and 2 Page 1121 of 1147 Page 3 Building Height CDRV 22-004 reducing the maximum building height to 48 feet. Collectively, the Board generally supported a height reduction. Upon the adoption of the accompanying Ordinance the current building heights will be amended to be as follows: MU -1 Urban Mixed Use 45' MU -2 Urban Mixed Use 65' MU -3 Urban Mixed Use 75' MU -4 Urban Mixed Use 80' MU -Core Urban Mixed Use 85' Considerations In 1995, the State of Florida enacted the Bert J. Harris Jr. Private Property Protection Act that created a new cause of action for aggrieved property owners. If property owners can demonstrate that a governmental action "inordinately burdens" their property, they may be entitled to some form of compensation. Prior to the Harris Act, governmental agencies were not held liable for implementing zoning changes that had the potential to significantly reduce a property owner's rights and/or investment potential. Reducing building height could potentially limit a property owner's ability to develop and/or redevelop their land to its existing potential under current regulations. In an effort to protect the City from being accused of inordinately burdening property owner's that will be affected by the accompanying Ordinance, Staff has included language which indicates that structures that were in lawful existence or lawfully approved as of the date of the adoption of the accompanying Ordinance will not be construed as nonconforming as a result of its adoption . Additionally, the structure would be permitted to continue until such time that a new Major Development Application or Major Site Plan Modification is approved or a Development Order or vested project expires. Should this language be accepted, a structure alterations and upgrades, however no additional proposed on site would be required to meet the also be permitted to be rebuilt, if necessary, so from the vested approval. would be permitted to continue and execute height will be permitted. Any new structures new height requirements. The structure would I Attachments ong as the proposal to rebuild does not stray Page 1122 of 1147 PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES Section 1. Overview E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, URBAN 13,14 MU -1 II II II MU -C Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 1002 1502 2002 2002 Structure Ht., Minimum (ft.) 30 30 30 3045 .g ( )3 Maximum Height ft. 45 65 75 "i 00 114 4,,, , is 5450%1-2—J�4 Maximum Density (DUs/Acre)", 12 20 40 50 60 80 Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 07 07 07 07 07 Interior side 07 07 07 07 07 Building Setback, Minimum (ft.)' Rear abutting: Residential single-family 255/05,6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05.6 255 255 255 255 Usable Open Space, Minimum (sq. ft.)' N/A N/A 0.5% 1 % 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 4. a ii u me oir stngd uu i'e with Ilh )igbj uun excess of the Ilhid(,1hit III n dl'1111U'n fli �t..wa; uuu IIawmull ext ung`': c 5. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. Page 1123 of 1147 V O 11111111111111110 ul uullilllll / O Z N N N O VIII N 00 r 4� L V O 11111111111111110 LM N N O N VIII N r 4� O 06V O aNj O Ir N 71"llil mg NO IN I'll FEE M4'. Ji' i4�).r. O �--, _O fn O� j (6 m w 0 Q O �� 4-j0 � Q ,0 LL a LUU N cn� pI U La -a.,- �� — ��� (6 �X E .U) c cu m N .� N O U p U O N pC � L ca ..0 ° U J = QL a� O O Q L OU}; �� o U C �� � N° �E �a� (6 O = N p L _ 0 j CoUO 70 'L _0 cm O)o_ O _- Q = 0) -0 p L p (a cn J U O O N O cn .. (6 >1 > C:N O C O U E N ° .. .P .. > od .. .. 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(Postponed at the October 4, 2022 City Commission Meeting.) Explanation of Request: At the July 19, 2022 City Commission meeting the Mayor requested that the Commission consider an Ordinance to assist individuals renting property. Several jurisdictions in Florida have recently adopted ordinances to enhance notice requirements above those required by state law. These requirements include notices for terminating leases and increases in rent. Some jurisdictions also adopted regulations for notices relating to late fees and to adopt a Tenant's Bill of Rights that requires landlords to provide written notice to tenants of their rights and resources should they have any concerns. At its September 8, 2022, meeting, the City Commission provided direction for the preparation of an ordinance that provides for the City's own regulations. The proposed ordinance provides for required notices for termination or non -renewal of residential leases without specific durations, for increases in rent and for late fee notices. In addition, the ordinance requires landlords to provide tenants with a "Tenants Bill of Rights" in a form developed by the City. How will this affect city programs or services? Provide regulations and notice of rights to tenants in the City. Fiscal Impact: None at this time; however, there could be costs relating to enforcement and printing of form Bill of Rights for tenants once any ordinance within the City comes into effect. Alternatives: To not adopt the ordinance Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1130 of 1147 Attachments: Ty pe Ordnance, Description Ordinance creating Tbinant lBilll of lRiglls and FRental Notices Page 1131 of 1147 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 ORDINANCE NO. 22-017 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH'S CODE OF ORDINANCES; AMENDING CHAPTER 13 ENTITLED "LICENSES"; BY CREATING ARTICLE V "RENTAL DWELLING UNITS", CREATING DIVISION 1 ENTITLED "APPLICABILITY AND DEFINITIONS" PROVIDING FOR TITLE, APPLICABILITY AND DEFINITIONS; CREATING DIVISION 2 ENTITLED "RESIDENTIAL NOTICE" TO PROVIDE NOTICE REQUIREMENTS FOR TERMINATION OF MONTHLY RESIDENTIAL TENANCY WITHOUT SPECIFIC DURATION AND RENTAL PAYMENT INCREASES; CREATING DIVISION 3 ENTITLED "TENANT'S BILL OF RIGHTS AND NOTICE OF LATE FEES" TO PROVIDE FOR NOTICE OF TENANT RIGHTS AND LATE FEES FOR RESIDENTIAL TENANCIES; AND CREATING DIVISION 4 ENTITLED "ENFORCEMENT"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part II of Chapter 83, Florida Statutes, known as the "Florida Residential Landlord and Tenant Act," applies to tenancies of residential dwelling units and sets forth the rights and duties of landlords and tenants; and WHEREAS, the City of Boynton Beach is experiencing a significant demand for and resulting shortfall of affordable rental housing units; and WHEREAS, the availability of safe and affordable housing is an essential component of individual and community well-being; and WHEREAS, protecting residential tenants from discrimination and unfair and illegal rental practices is fundamental to the health, safety, and welfare of the community; and WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City of Boynton Beach (the "City") as set forth at Article VIII, Section 2, of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and other applicable controlling law; and ;005246U.1306-9001821 }S:ACA\Ordinances\Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a) (1st Reading).Docx 1 Page 1132 of 1147 32 WHEREAS, the City Commission of the City of Boynton Beach (the "City 33 Commission") is vested with the authority to adopt ordinances to protect the health, safety 34 and welfare of the City's residents and visitors; and 35 WHEREAS, it is the intention of the City Commission to provide all residents of the 36 City with fair notice if their rents are to increase; and 37 WHEREAS, over the past year, the City has experienced a significant increase in 38 rental rates being paid by tenants; and 39 WHEREAS, as reported by the Sun Sentinel on March 23, 2022, research from three 40 (3) Florida colleges revealed that renters in South Florida are paying 18.98% more than what 41 they should be; and 42 WHEREAS, according to the most recent Affordable Housing Needs Assessment 43 conducted by Florida International University, from 2018 to 2020, 52.7% renters' households 44 in Palm Beach County are severely cost -burdened; and 45 WHEREAS, during the COVID-19 pandemic there has been an influx of people 46 moving to Florida from states with higher wages and cost of living which has caused an 47 upsurge in both property values and rental rates in Florida; and 48 WHEREAS, many tenants residing in the City have been unable to afford the costs 49 of purchasing and maintaining a residential property, thereby increasing the demand for 50 rental properties; and 51 WHEREAS, Part II of Chapter 83, Florida Statutes, commonly known as the "Florida 52 Residential Landlord and Tenant Act" ("the Act"), applies to the rental of residential dwelling 53 units and sets forth the rights and duties of landlords and tenants; and ;0052408x.1300-9001821 }S:ACA\Ordinances\Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a) (1st Reading).Doex 2 Page 1133 of 1147 54 WHEREAS, the Act does not provide specific notification requirements for landlords 55 seeking to increase rental rates; and 56 WHEREAS, although some lease agreements contain provisions regarding increases 57 in rental rates, a landlord generally may not raise rent during the term of a lease; and 58 WHEREAS, therefore, a landlord will have to wait until the end of the term of the 59 lease to raise the rent and it is expected that notice of such will be provided in accordance 60 with termination notices set forth by law or in accordance with the lease agreement; and 61 WHEREAS, with respect to notices of termination of tenancy, if there is a written 62 lease, Section 83.575 of the Act provides that the notice required to terminate a tenancy is 63 no more than 60 days' notice; and 64 WHEREAS, where there is no lease, on the other hand, Section 83.57 of the Act 65 provides that the landlord should provide a seven-day notice to a tenant renting week -to - 66 week, a 15 -day notice to a tenant renting month-to-month, a 30 -day notice to a tenant 67 renting quarter -to -quarter, and a 60 -day notice to a tenant renting year-to-year; and 68 WHEREAS, according to the Florida Attorney General Opinion No. 94-41 and the 69 case law cited therein, the Florida Legislature has not preempted local governments from 70 enacting ordinances that enlarge the notification period for month-to-month tenancies 71 without a specific duration pursuant to section 83.57 of the Act; and 72 WHEREAS, the City Commission recognizes that while reasonable late fees may be 73 an important aspect of the landlord/tenant relationship, it is essential that tenants 74 understand and know when they may incur these fees; and 75 WHEREAS, certain Florida counties including Miami -Dade and Broward, and cities, 76 including Lake Worth Beach, West Palm Beach and Miami Beach, have recently enacted ;00524083.1300-9001821 }S:ACA\Ordinances\Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a) (1st Reading).Doex 3 Page 1134 of 1147 77 ordinances that require written notification be given by residential landlords to their tenants 78 for certain actions and to provide for a tenant's bill of rights so that tenants are informed of 79 their legal rights; and 80 WHEREAS, the Mayor and the City Commission of the City of Boynton Beach hereby 81 finds that it is in the best interest of the citizens and residents of the City of Boynton Beach, 82 Florida to approve the Ordinance to the City's Code of Ordinances and as contained herein. 83 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 84 OF BOYNTON BEACH, FLORIDA, THAT: 85 Section 1. The foregoing whereas clauses are true and correct and are now ratified 86 and confirmed by the City Commission. 87 Section 2. City of Boynton Beach's Code of Ordinances, Chapter 13 "Licenses" is 88 hereby amended by creating Article V, "Rental Dwelling Units" as follows: 89 ARTICLE V. — RENTAL DWELLING UNITS 90 DIVISION 1. APPLICABILITY AND DEFINITIONS 91 Sec. 13-92. Title. 92 This ordinance, as fully set forth in Sections 13-92 through 13-99 of the City of 93 Boynton Beach Code of Ordinances, shall be known and may be cited as the "Boynton 94 Beach Residential Notice and Tenant's Bill of Rights Ordinance." 95 Sec. 13-93. Applicability. 96 (a) The provisions of this article shall apply citywide, unless in conflict with an 97 applicable municipal ordinance. Unless otherwise provided, nothing in this article shall be 98 construed to relieve a person from compliance with applicable county or municipal 99 regulations. The provisions of this article shall apply prospectively and shall apply to any ;0052408s.1300-9001821 ]S:ACA\Ordinances\Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a) (1st Reading).Doex 4 Page 1135 of 1147 100 new Rental Agreement entered into after October 1, 2022, date and to any renewal or 101 extension of an existing Rental Agreement with a term that commences after that date. 102 (b) This article only applies to residential tenancies subject to Chapter 83, Florida 103 Statutes, and does not apply to rentals within mobile home parks governed under Chapter 104 723, Florida Statutes; short-term rentals of residential units with non-recurring rental terms 105 of thirty (30) days or fewer; or rentals of transient public lodging establishments regulated ated 106 under Chapter 509, Florida Statutes. This article only regulates the landlord tenant 107 relationship under Chapter 83, Florida Statutes; nothing in this article shall be construed to 108 constitute regulation of public lodging establishments. 109 Sec. 13-94. Definitions. The following definitions shall apply to this article: 110 Landlord means any individual, firm, corporation, or other organization or group of 111 persons however organized that is shown as the lessor, landlord, or property owner under a 112 Rental Agreement, or any individual or entity otherwise acting on behalf of a lessor, 113 landlord, or property owner in the rental of a Rental Unit to a Tenant, including, but not 114 limited to, owner, lessor, sublessor, assignor, manager, real estate licensee (either a broker, 115 sales associate, or broker -sales associate), condominium association, homeowners' 116 association, cooperative association, or any representative of any of the foregoing. A real 117 estate licensee is not a Landlord within the meaning of this division if they are only involved 118 with the marketing of a Rental Unit and are not involved with either the preparation of the 119 Rental Agreement or communicating with a Tenant on behalf of a property owner during 120 the term of a Rental Agreement. 121 Late Fee means a charge of any kind, levied against a Tenant, associated with a 122 failure of the Tenant to timely pay rent pursuant to the terms of a Rental Agreement. '00524683.1306-9001821 1S:ACA\Ordinances\Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a) (1st Reading).Docx 5 Page 1136 of 1147 123 Rental Agreement means an agreement, whether written or oral, by which a Tenant 124 is entitled to possess a Rental Unit, or which is a "Rental Agreement" as defined in Section 125 83.43, Florida Statutes, as it may be amended. 126 Rental Unit means a residential housing unit in the City of Boynton Beach that (a) is 127 or may be occupied by a Tenant by virtue of a Rental Agreement, or (b) is a "Dwelling Unit" 128 as defined in Section 83.43, Florida Statutes, as it may be amended. 129 Tenant means a natural person or persons who will occupy, or who makes 130 application to occupy, a Rental Unit by virtue of a Rental Agreement, or who is a "Tenant" of 131 a dwelling unit in the City of Boynton Beach, as defined in Section 83.43, Florida Statutes, as 132 it may be amended. 133 DIVISION 2. RENTAL NOTICES 134 Sec. 13-95 - Required written notice of termination of monthly residential tenancy 135 without specific duration. 136 A residential tenancy without a specific duration in which the rent is payable on a 137 monthly basis may be terminated by either the landlord or tenant by giving not less than 90 138 days' written notice prior to the end of any monthly period. 139 Sec. 13-96. - Required written notice of rental payment increases for residential 140 tenancies. 141 (a) A residential landlord that proposes to increase the current rental rate by 142 more than five percent (5%) at the end of a lease for a specific term, or during a tenancy 143 without a specific duration in which the rent is payable on a month to month basis, must 144 provide 90 days' written notice to the tenant. 145 (b) If the required 90 days' written notice has been provided and the tenant has '00524683.1306-9001821 }S:ACA\Ordinances\Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a) (1st Reading).Docx 6 Page 1137 of 1147 146 not agreed to the rent increase or an acceptable compromise, the landlord may increase the 147 rent, as noticed, or require the tenant(s) to vacate the residence. 148 DIVISION 3. TENANT'S BILL OF RIGHTS AND NOTICE OF LATE FEES 149 Sec. 13-97. Tenant's Bill of Rights; Landlord Notice Requirements. 150 (a) The Development Department shall create and maintain a Tenant's Bill of Rights, 151 which shall mean a paper or electronic document, available in English, Spanish, and Creole, 152 in at least 12 -point font, and formatted to be printed on paper of 81/2 by 11 inches or larger, 153 containing a notice of rights under applicable federal, state, and local law, and services 154 available to residential tenants in the City of Boynton Beach. The content of the Tenant's Bill 155 of Rights shall be as determined by the Boynton Beach City Commission ("Commission") by 156 resolution. 157 (b) It is unlawful for a Landlord of a Rental Unit to enter into a Rental Agreement for 158 a Rental Unit under the Landlord's control or authority, without first providing the 159 prospective Tenant with a copy of the Tenant's Bill of Rights. A Landlord may comply with 160 this requirement through an agent of the Landlord (e.g., a property manager, rental 161 manager, or real estate licensee). 162 (c) For existing Tenants already occupying a Rental Unit on or before the date set 163 forth in Section 13-93, the Landlord must provide the Tenant with the Tenant's Bill of Rights 164 prior to the commencement of a new rental term. For Tenants with rental terms of thirty 165 (30) days or less that are recurring in nature (e.g., ongoing month-to-month tenancies), the 166 Landlord must provide the Tenant's Bill of Rights prior to December 1, 2022, and thereafter 167 no less than once per year. 168 (d) There shall be a rebuttable presumption that a Landlord has complied with this '00524683.1306-9001821 1S:ACA\Ordinances\Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a) (1st Reading).Docx 7 Page 1138 of 1147 169 section if the Landlord can provide a written, dated, and signed affirmation from the Tenant 170 stating that the Tenant has timely received the Tenant's Bill of Rights. The signed 171 affirmation shall be retained by the Landlord for at least one (1) year after the Tenant 172 vacates the Rental Unit. 173 Sec. 13-98. Late Fee Notices; Landlord Requirements. 174 (a) At or before such time as a Landlord assesses a Late Fee against a Tenant, the 175 Landlord must provide written notice to the Tenant containing the information stated in 176 Section (c) below. A Landlord may comply with this requirement through an agent of the 177 Landlord (e.g., as property manager, rental manager, or real estate licensee). 178 (b) This written notice shall be separate from any notice requirements provided for 179 in a Rental Agreement and shall be required each time a new Late Fee is assessed. Only one 180 notice shall be required if the same Late Fee continues to accrue after delivery of the notice. 181 (c) The written notice required under this section shall include a statement informing 182 the Tenant that: 183 (1) A Late Fee has been incurred, identifying the he specific provision of the Rental 184 Agreement that provides for the Late Fee; 185 (2) The amount of the Late Fee due at the time of the notice and, if Late Fees 186 will increase or continue to accrue, a statement explaining the rate at which such fees will 187 increase or continue to accrue; and 188 (3) The factual basis for the Late Fee. 189 (d) The written notice provided for in this section may be delivered to the Tenant: 190 (1) By e-mail to the e-mail address provided by the Tenant in the Rental 191 Agreement or any subsequent written agreement regarding the delivery of notices; '00524683.1306-9001821 1S:ACA\Ordinances\Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a) (1st Reading).Docx 8 Page 1139 of 1147 192 (2) By certified mail to the address for notices provided by Tenant in the Rental 193 Agreement; 194 (3) By posting of the notice to the front door of the Rental Unit; or 195 (4) By hand delivery to the Tenant. 196 (e) There shall be a rebuttable presumption that the Landlord has complied with the 197 notice requirements in this section if the Landlord can provide one of the following: 198 (1) A copy of the e-mail sent pursuant to Section (d)(1) above on or before the 199 date the Late Fee was assessed; 200 (2) A copy of a written and dated letter sent, posted, or hand delivered as 201 provided in Sections (d)(2) through (44) above, with: (i) evidence from the United States 202 Postal Service or other delivery service showing both the mailing date and delivery address 203 of the notice; (ii) a time -stamped photograph of the notice clearly posted on the front door 204 of the Rental Unit; or (iii) a signed and dated statement by the delivery person certifying 205 hand delivery of the notice to the Tenant evidencing the date of deliver 206 DIVISION 4. ENFORCEMENT 207 Sec. 13-99. Enforcement. 208 (a) The Tenant's Bill of Rights and Notice of Late Fees Ordinance may be enforced by 209 code enforcement officers, including municipal code enforcement officers, and any law 210 enforcement agency having jurisdiction of the City, pursuant to Chapter 162, Florida 211 Statutes, or any applicable municipal code enforcement provision. 212 (b) Nothing in Sections 13-92 through 13-99 is intended to create any private causes 213 of action, and these provisions may only be enforced as set forth herein. 214 Section 3. Each and every other provision of the City's Code of Ordinances not ;0052408x.1300-9001821 }S:ACA\Ordinances\Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a) (1st Reading).Doex 9 Page 1140 of 1147 215 herein specifically amended, shall remain in full force and effect as originally adopted. 216 Section 4. All laws and ordinances applying to the City of Boynton Beach in 217 conflict with any provisions of this ordinance are hereby repealed. 218 Section S. Should any section or provision of this Ordinance or any portion 219 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 220 not affect the remainder of this Ordinance. 221 Section 6. Authority is hereby given to codify this Ordinance. 222 Section 7. This Ordinance shall become effective immediately. 223 FIRST READING this day of 2022. 224 SECOND, FINAL READING AND PASSAGE this day of 2022. 225 CITY OF BOYNTON BEACH, FLORIDA 226 YES NO 227 228 Mayor — Ty Penserga 229 230 Vice Mayor —Angela Cruz 231 232 Commissioner — Woodrow L. Hay 233 234 Commissioner — Thomas Turkin 235 236 Commissioner —Aimee Kelley 237 238 VOTE 239 240 ATTEST: 241 242 Maylee De Jesus, MPA, MMC Ty Penserga 243 City Clerk Mayor 244 245 APPROVED AS TO FORM: 246 (Corporate Seal) 247 248 Michael D. Cirullo, Jr. 249 City Attorney ;0052408x.1300-9001821 }S:ACA\Ordinances\Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a) (1st Reading).Doex 10 Page 1141 of 1147 13.A. Future Agenda Items 10/18/2022 Requested Action by Commission: Discuss options for updating the Community Support Funds Policy - November 1, 2022 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 1142 of 1147 13. B. Future Agenda Items 10/18/2022 Requested Action by Commission: Draft Ordinance on Civility & Decorum - November 1, 2022 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 1143 of 1147 13.C. Future Agenda Items 10/18/2022 Requested Action by Commission: Discussion on Regulating Vacation Rentals - November 1, 2022 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 1144 of 1147 13. D. Future Agenda Items 10/18/2022 Requested Action by Commission: Report on the status of infrastructure within the City, requested by Mayor Penserga - November 15, 2022 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 1145 of 1147 13. E. Future Agenda Items 10/18/2022 Requested Action by Commission: Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 2023. Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1146 of 1147 13. F. Future Agenda Items 10/18/2022 Requested Action by Commission: Legal options for preserving the future park site in the Meadows subdivision as green space, requested by Commissioner Kelley. - 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 1147 of 1147